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1462
A3
1905
THE
REVISED ORDINANCES
OF THE
CITY OF SPRINGFIELD, flew Ordes ences ali
ianu
APPROVED DECEMBER 21, 1904,
WITH
THE CITY CHARTER, AMENDMENTS, SPECIAL STATUTES, RULES AND
ORDERS FOR THE REGULATION OF HACKNEY CARRIAGES,
STREET MUSICIANS, AND PUBLIC AMUSEMENTS, RULES
AND ORDERS OF THE BOARD OF ALDERMEN AND OF
THE COMMON COUNCIL, AND THE JOINT RULES
AND ORDERS OF THE CITY COUNCIL.
PUBLISHED BY ORDER OF THE CITY COUNCIL.

RINGFIE
NE
PIHO SPRIN
Na
RGANIZED
K1852.
MAY 25.10
11
.
ELATOW
Sems
Hiro
WALIJE
KN MAY 14
..
.O.S
SPRINGFIELD, MASS.:
SPRINGFIELD PRINTING AND BINDING CO., CITY PRINTERS.
1905.
wie.cl
CONTENTS.
9
·
·
:
·
·
·
.
.
.
PAGE
Preface . . . . . . . . . . . . . . 5
Table showing Disposition of Revised Ordinances of 1890.
Table showing Disposition of Ordinances passed 1890-1904
Charter.
13
Amendments to Charter . . . . . . . . .
Special Statutes
Revised Ordinances :-
CHAPTER 1. The City Seal .
CHAPTER 2. Wards .
CHAPTER 3. Payment of Claims against the City .
CHAPTER 4. Collection of Claims Due the City .
CHAPTER 5. Salaries
CHAPTER 6. Contracts with the City and the Hiring of Labor . .
CHAPTER 7. The Collection of Taxes .
CHAPTER 8. Establishing Sinking Funds and Providing for the Elec-
tion of Sinking Fund Commissioners
100
CHAPTER 9. The Method of Electing Certain Officers
101
CHAPTER 10. Duties of Certain Officers .
103
CHAPTER 11. Committees
106
CHAPTER 12. City Auditor .
108
CHAPTER 13. Assessors and Assistant Assessors
CHAPTER 14. City Messenger . . . .
112
CHAPTER 15. Assistant City Clerk . .
114
CHAPTER 16. Engineering Department .
115
CHAPTER 17. City Physician . .
119
CHAPTER 18. City Forester . .
CHAPTER 19. Superintendent of Streets .
122
CHAPTER 20. Schools
124
CHAPTER 21. Truant Children and Absentees from School .
CHAPTER 22. Board on Claims . . . . . . ..
130
CHAPTER 23. Board of Public Works . ..
. . . . 131
CHAPTER 24. Board of Supervisors of Highways and Bridges ... 134
CHAPTER 25. Board of Health . . . . .
135
CHAPTER 26. Relative to the removal of night soil, the contents of
privy vaults and cesspools, house offal, coal ashes,
· refuse substances, and dead animals
138
CHAPTER 27. The Keeping of Swine . . . . . . .
140
CHAPTER 28. Plumbing . . . . . . . . . 141
CHAPTER 29. Fire Department
143
CAAPTER 30. Fire District and Construction of Buildings therein .. 154
:.:.
.
110
.
.
.
· · · · ·
.
.
121
.
.
·
.
129
CONTENTS.
164
168
172
.
180
188
189
194
206
208
209
210
211
Chapter 31. Dilapidated or Dangerous Buildings . . . .
CHAPTER 32. Water Department . . . .
CHAPTER 33. Police Commission and Duties of the Police Department
CHAPTER 34. Providing the inanner of laying out, altering and discon-
tinuing streets; of laying out and establishing side
walks; of laying sewers and drains, and for other
purposes. . . . . . . . .
CôAPTER 35. Establishment of Building Lines . . . . .
CHAPTER 36. Sewers . . . . . .
CHAPTER 37. For the Prevention of Injurious Practices in the Streets
CHAPTER 38. Protection against Snow Slides . .
CHAPTER 39. Transportation of Explosives . . . . .
CHAPTER 40. Dogs . . . . . . . . . .
CHAPTER 41. Pawnbrokers . . .
CHAPTER 42. Dealers in Junk and Second-hand Articles . .
CHAPTER 43. In Relation to Licensing Rag Pickers and Junk Col-
lectors . . . . . . . . .
CHAPTER 44. Providing for the Licensing of Bootblacks . . .
CHAPTER 45. Dealers in Coal and Coke . .
. .
CHAPTER 46. Relating to Telephone Lines, Conduits and Distributing
Poles . . . . . . . . .
CHAPTER 47. In Relation to the Execution of Deeds, Leases and other
Instruments . . . . . .
CHAPTER 48. Warrants for City Meetings .
CHAPTER 49. Directing the Manner of Passing and Publishing City
Ordinances . . . . . . . .
CHAPTER 50. Repeal . . . . . .
Rules and Orders for the Regulation of Hackney Carriages, etc. .
Joint Rules and Orders of the City Council
Rules and Orders of the Board of Aldermen
Rules and Orders of the Common Council .
Appendix . . . . . . . . . . . .
Index . . . . . . .
. . . . .
213
215
217
219
222
223
224
225
227
236
240
242
251
277
·
·
PREFACE.
An order was passed by both branches of the city council, and
was approved by the Mayor, March 29, 1904, providing that a com-
mittee, consisting of two Aldermen and three members of the
Common Council, be appointed to complete the codification of the
City Ordinances, under the supervision of the City Solicitor, Henry
A. King, Esq.
In pursuance of this order the following committee was ap-
-pointed :-
Alderman Sanderson,
Ladd,
Councilman Allen,
Buck,
Houlihan.
The work of revision was done by William G. McKechnie, Esq.,
who was assisted therein by Harlan P. Small, Esq.
The committee reported "An Ordinance Consolidating and Re-
vising the Ordinances of the City of Springfield.” This ordinance
passed both branches of the city council and was approved by the
Mayor, December 21, 1904.
U
ABBREVIATIONS.
R. O. means Revised Ordinances of 1904, as hereinafter printed; Sup. means super-
seded by; Aff. means affected by ;'00, ch. 1, etc., means chapter 1 of the ordinances passed
in the year 1900, etc.
TABLE SHOWING THE DISPOSITION MADE
OF THE REVISED ORDINANCES OF 1890.
-
CHAPTER 1. R. O., ch. l.
CHAPTER 2. Sup. '95, ch. 5.
CHAPTER 3. Repealed '94, ch. 9, sec. 8.
CHAPTER 4. R. O., ch. 4.
CHAPTER 5. R. O., ch. 5, except --
Sec. 1, amended '91, ch. 1, 2, 5, 6; '92, ch. 7.
Sec. 1, superseded in part ’92, ch. 6, 8, 9; '96, ch. 1; '97, ch. 3; '98,
ch. 5; '00, ch. 10, 14; ’01, ch. 2, 7, 12; '02, ch. 2; '03, ch. 9.
Sec. 3, amended '94, ch. 4.
Sec. 4, sup. '01, ch. 1.
Sec. 5, amended '91, ch. 7.
Affected '91, ch. 4; ’92, ch. 5; '93, ch. 7; '94, ch. 5, sec. 3; '94,
ch. 12; '94, ch. 13, sec. 13.
CHAPTER 6. R. O., ch. 6.
CHAPTER 7. R. O., ch. 7.
CHAPTER 8. R. O., ch. 9.
CHAPTER. 9. R. O., ch. 10, except-
Secs. 2, 3, R. O., ch. 13, secs. 6, 7...
Sec. 5, amended '99, ch. 2.
CHAPTER 10. R. O., ch. 11, except-
Sec. 6, obsolete, dropped.
CHAPTER 11. R. O., ch. 12.
CHAPTER 12. R. O., ch. 13, except-
Sec. 1, amended '93, ch. 1; repealed '98, ch. 4.
CHAPTER 13. R. O., ch. 14.
CHAPTER 14. R. O., ch. 15, except,
Sec. 2, amended '97, ch. 8.
CHAPTER 15. R. O., ch. 16.
CHAPTER 16. R. O., ch. 17, except
Sec. 2, amended ’00, ch. 7.
CHAPTER 17. R. O., ch. 18, except-
Sec. 2, repealed '98, ch. 1.
CHAPTER 18. R. O., ch. 19, except-.
Sec. 2, amended ’01, ch. 8; '04, ch. 4. .
CHAPTER 19. R. O., ch. 20.
CHAPTER 20. R. O., ch. 21.
CHAPTER 21. R. O., ch. 22.
CHAPTER 22. R. O., ch. 23.
CHAPTER 23. R. O., eh. 24.
CHAPTER 24. Repealed '00, ch. 8, sec. 7.
CHAPTER 25. Repealed '93, ch. 3, sec. 7.
CHAPTER 26. R. O., ch. 27. .
CHAPTER 27. Dropped, statute repealed.
DISPOSITION MADE OF REVISED ORDINANCES OF 1890.
CHAPTER 28. Sup. '93, ch. 6.
CHAPTER 29. Amended '92, ch. 4; '93, chs. 2 and 5.
Sup. '94, ch. 13.
CHAPTER 30. Repealed '95, ch. 7, sec. 20.
CHAPTER 31. R. O., ch. 31.
CHAPTER 32. R. O., ch. 32.
CHAPTER 33. Sec. l, amended ’92, ch. 1; '97, ch. 2; '01, ch. 3.
Sec. 3, amended '92, ch. 2; repealed '92, ch. 2.
Sec. 5, amended '95, ch. 1.
Sec. 7, amended '95, ch. 4.
Sup. '02, ch. 4.
CHAPTER 34. R. O., ch. 34.
CHAPTER 35. · Dropped, statute repealed.
CHAPTER 36. R. O., ch. 36.
CHAPTER 37. R. O., ch. 37, except-
Sec. 3, amended ’01, ch. 9.
Sec. 4, amended '95, ch. 3.
Sec. 23, amended '99, ch. 4.
Sec. 15, amended '96, ch. 5.
Sec. 38, amended '90, ch. 2.
CHAPTER 38. Obsolete, dropped.
CHAPTER 39. R. O., ch. 38.
CHAPTERS 40, 41, 42, dropped; see Acts '04, ch. 370 (see R. O., ch. 39).
CHAPTER 43. Repealed '98, ch. 2, sec. 5.
CHAPTER 44. Dropped, except-
Sec. 1, R. O., ch. 41, sec. 1.
Sec. 3 (in part), R. O., ch. 41, sec. 2.
(See Acts of '95, ch. 497; also Rev. Laws, ch. 102, secs. 33, 39.)
CHAPTER 45. Repealed '97, ch. 1, sec. 12.
CHAPTER 46. R. O., ch. 43, except-
Secs. 5 and 7, amended '01, ch. 4.
CHAPTER 47. R. O., ch. 44.
CHAPTER 48. Obsolete, dropped.
CHAPTER 49. R. O., ch. 47.
CHAPTER 50. R. O., ch. 48, except
Sec. 1 and sec. 2 (in part) dropped.
Sec. 3, dropped.
CHAPTER 51. R. O., ch. 49.
CHAPTER 52. R. O., ch. 52.
TABLE SHOWING THE DISPOSITION MADE
OF ORDINANCES PASSED SINCE THE
REVISION OF 1890.
1890. CHAPTER 1. R. O., ch. 46.
CHAPTER 2. R. O., ch. 37, sec. 39.
1891. CHAPTER 1. Sup. '01, ch. 2.
CHAPTER 2. Sup. '92, ch. 8.
CHAPTER 3. R. O., ch. 8.
CHAPTER 4. Sup. '94, ch. 12.
CHAPTER 5. Sup. '00, ch. 10.
CHAPTER 6. Sup. '01, ch. 12.
CHAPTER 7. Aff. '94, ch. 5, sec. 3; sup. '94, ch. 12.
1892. CHAPTER 1. Amended '97, ch. 2, sec. 1, and '01, ch. 3; sup. '02, ch. 4.
CHAPTER 2. Repealed '97, ch. 2.
CHAPTER 3. Sup. '97, ch. 3.
CHAPTER 4. Aff. '93, ch. 5 and '94 ch. 2; sup. '94, ch. 13, sec. 13.
CHAPTER 5. Sup. '94, ch. 12.
CHAPTER 6. Sup. '96, ch. 2.
CHAPTER 7. Sup. '98, ch. 5.
CHAPTER Sup. '00, ch. 11.
CHAPTER 9. Sup. '00, ch. 15.
1893. CHAPTER 1. Repealed '98, ch. 4.
CHAPTER 2. Aff. '93, ch. 5 and '94, ch. 2; sup. '94, ch. 13, sec. 13.
CHAPTER 3. R. O., ch. 26.
CHAPTER 4. Repealed by Rev. Laws, ch. 52; sec. 9.
CHAPTER 5. Sec. 1, amended '94, ch. 1.
Secs. 1-6, sup. '98, ch. 6. .
Secs. 7-22 repealed '94, ch. 11.
CHAPTER 6. Sec. 6, amended '95, ch. 9.
Sec. 10, amended '94, ch. 10.
Sec. 12, amended '94, ch. 10.
Sup. '00, ch. 13.
CHAPTER 7. Sup. '94, ch. 12.
1894. CHAPTER 1. Sup. '98, ch. 6, sec. 1.
CHAPTER 2. Sup. '94, ch. 13, sec. 13.
CHAPTER 3. R. O., ch. 5, sec. l.
CHAPTER 4. R. O., ch. 5, sec. 3.
CHAPTER 5. Aff. 94, ch. 12, sec. l.
Sup. '94, ch. 13.
CHAPTER 6. R. O., ch. 37, secs. 46 and 47.
CHAPTER 7. Acted on
CHAPTER 8. Sup. '98, ch. 6, sec. 7.
CHAPTER . 9. R. O., ch. 3 (except sec.'7 dropped).
CHAPTER 10. Sur. '00, ch. 13.
CHAPTER 11. Acted on.
CHAPTER 12. Sup. '94, ch. 11.
10
DISPOSITION MADE OF ORDINANCES PASSED SINCE 1890.
Secs. 2-8, sun. '98, ch. 6, secs. 11-17.
Sec. 9, sup. '98, ch. 6, secs. 15 and 18. -
Secs. 10-13, sup. '98, ch. 6, secs. 19-22.
CHAPTER 14. R. O., ch. 6 (except sec. 3 repealed '95, ch. 13, sec. 1).
1895. CHAPTER 1. Sup. '02, ch. 4.
CHAPTER 2. Sup. '98, ch. 6, secs. 8 and 9.
CHAPTER 3. R. O. 37, ch. 4.
CHAPTER 4. Sup. '02, ch. 4.
CHAPTER 5. R. O., ch. 2, sec. 1 (except sec. 2, acted on).
CHAPTER 6. Sec. 1, acted on; see '98, ch. 6, sec. 22, and '02, ch. 1.
Sec. 2, sup. '97, ch. 6.
CHAPTER 7. R. O., chap. 30.
CHAPTER 8. R. O., ch. 37, sec. 6.
CHAPTER 9. Sup. '00, ch. 13.
CHAPTER 10. Repeal and substitute 97, ch. 7.
CHAPTER 11. Amended '97, ch. 4.
CHAPTER 12. R. O., ch. 2, sec. 2.
CHAPTER 13. R. O., ch. 6, sec. 3.
1896. CHAPTER 1. R. O., ch. 5, sec. l.
CHAPTER 2. Sup. '03, ch. 2.
CHAPTER 3. R. O., ch. 33, sec. 19.
CHAPTER 4. Sup. '99, ch. 3, sec. 9.
CHAPTER 5. R. O., ch. 37, sec. 16.
CHAPTER 6. R. O., ch. 35, in substance.
1897. CHAPTER 1. R. O., ch. 42.
CHAPTER 2. Sec. 3, amended '00, ch. 2.
Sup. '02, ch. 4.
CHAPTER 3. Amended '00, ch. 3, sup. '02, ch. 2.
CHAPTER 4. Sup. '99, ch. 3.
CHAPTER 5. R. O., ch: 5, sec. 6. .
CHAPTER 6. Sup. '99, ch. 3.
Sec. 2 sup. '98, ch. 6, secs. 22 and 26.
CHAPTER 8. R. O., ch. 15, sec. 2.
1898. CHAPTER 1. Amended '00, ch. 4.
R. O., ch. 18, sec. 2, and R. O., ch. 5.
CHAPTER 2. R. O., ch. 40, sec.1-3. (Sec. 4 dropped.)
CHAPTER 3. Aff. by '02, ch. 4, and '04, ch. 1.
CHAPTER 4. See R. O., ch. 13, sec. l.
CHAPTER 5. R. O., ch. 5, sec. l.
CHAPTER 6. R. O., ch. 29, except-
Sec. 1, repealed '99, ch. 1.
Sec. 10, repealed '02, ch. 1, sec. 6.
Secs. 22, 24 and 25, aff. '00, ch. 12, '02, ch. 1.
Secs. 15, 22 dropped in part.
Secs. 14, 18, 19, 20, 21, 25, 26, 27, 28, 31, 36 dropped.
1899. CHAPTER 1. R. O., ch. 29, sec. 1.
CHAPTER 2. R. O., ch. 10, sec. 3.
CHAPTER 3. R. O., ch. 5, secs. 6 and 7, except-
Sec. 1, sup. '02, ch. 3.
Sec. 6, amended '00, ch. 1. .
Sec. 9, amended '01, ch. ll.
Affected '02, ch. 8.
DISPOSITION MADE OF ORDINANCES PASSED SINCE 1890.
11
CHAPTER 4. R. O., ch. 37, sec. 24.
CHAPTER 5. Sup. '02, ch. 6.
1900. CHAPTER 1. R: O., ch. 5, sec. 6.
CHAPTER 2. Sup. '02, ch. 4.
CHAPTER 3. Sup. '02, ch. 2.
CHAPTER 4. R. O., ch. 5, sec. l.
CHAPTER 5. R. O., ch. 10, sec. 8.
CHAPTER 6: R. O., ch. 18, sec. 3.
CHAPTER 7. R. O., ch. 17, secs. 2 and 3.
CHAPTER 8. R. O., ch. 25.
CHAPTER 9. R. O., ch. 5, sec. 1.
CHAPTER 10. R. O.; ch. 5, sec. 1.
CHAPTER 11. R. O., ch. 5, sec. 1.
CHAPTER 12. Sup. '02, ch. 1.
CHAPTER 13. Sup. '02, ch. 7.
CHAPTER 14. R. O., ch. 5, sec. 1.
CHAPTER 15. R. O., ch. 5, sec. l.
1901. CHAPTER 1. R. O., ch. 5, sec. 4.
CHAPTER 2. Sup. '03, ch. 7.
CHAPTER 3. Sup. '02, ch. 4.
CHAPTER 4. R. O., ch. 43, secs. ), 7.
CHAPTER 5. Made obsolete by Act '03, ch. 473, sec. 14.
CHAPTER 6. R. O., ch. 37, secs. 48, 49.
CHAPTER 7. Sup.' '04, ch. 2.
CHAPTER. 8. Aff. '04, ch. 4.
R. O., ch. 19, sec. 2.
CHAPTER 9. R. O., ch. 37, sec. 3.
CHAPTER 10. R. O., ch. 34, sec. 13.
CHAPTER 11. R. O., ch. 5, sec. 7.
CHAPTER 12. Sup. '04, ch. 3.
CHAPTER 13. Sec. 1, R. O., ch. 34, sec. 9.
Sec. 2, as amended by '02, ch. 5, R. O., ch. 34, sec. 10.
Sec. 3, R. O., ch. 34, sec. ll. .
Sec. 4, R. (., ch. 36, secs, 11, 12.
Sec. 5, R. O., ch.: 34, sec. 12.
1902. CHAPTER 1. R. O., ch. 29, secs. 8, 9, 16, 18 except-
Sec. 5 dropped.
CHAPTER 2. R. O., ch. 5, sec. 5.
CHAPTER 3. R. O., ch. 5, sec. 6.
CHAPTER 4. R. O., ch. 33.
CHAPTER 5. R. O., ch. 34, secs. 10, 21.
CHAPTER
0., ch. 29, secs. 28-36.
CHAPTER 7. R. O., ch. 28.
CHAPTER 8. R. O., ch. 5, sec. 6.
1903. CHAPTER 1. R. O., ch. 43, sec. 8.
CHAPTER 2. Sup. '04, ch. 5.
CHAPTER 3. R. O., ch. 33, sec. 20.
CHAPTER 4. R. O., ch. 36, secs. 11, 12.
CHAPTER 5. 0., ch. 5, sec. 5.
CHAPTER 6. R. O., ch. 45.
CHAPTER 7. R. O., ch. 5, sec. l.
CHAPTER 8. R. O., ch. 20, sec. 6.
CHAPTER 9. R. O., ch. 5, sec. l.
de cai
12
DISPOSITION MADE OF ORDINANCES PASSED SINCE 1890.
1904. CHAPTER 1. R. O., ch. 33, sec. 10.
CHAPTER 2. R. O., ch. 5, sec. 1, and R. O., ch. 25, sec. 7.
CHAPTER 3. R. O., ch. 5, sec. l.
CHAPTER 4. R. O., ch. 5, sec. l.
CHAPTER 5. R. O., ch. 5, sec. 1.
CHARTER.
ACTS OF 1852. CHAPTER 94.
AN ACT TO ESTABLISH THE CITY OF SPRINGFIELD.
Section.
Section.
1. Inhabitants of Springfield in 16. Fines, forfeitures, and penal-
corporated.
ties, how recovered.
2. Administration of government | 17. City council shall determine
vested in mayor, aldermen,
the number of representa-
and common council.
tives to General Court.
3. A board to be chosen to divide | 18. Manner of conducting general
the city into wards, and
elections.
apportion councilmen. Re | 19. Lists of voters to be made out.
vision of same to be made 20. General meeting of citizens to
every five years.
be called.
4. Ward officers, when and how 21. Fire department established.
chosen. Powers and duties.
Fire districts may be dis-
5. City officers, when and how
solved.
chosen.
22. Police court established, pow-
6. Time and manner of conduct-
ers, duties, jurisdiction, ap-
ing city elections,-in case
peals, etc.
of vacancy-organization. 23. Warrants, how returnable.
7. Mayor. Powers and duties, 24. Fines, forfeitures, and fees,
salary.
by whom received and ac-
8. Powers of selectmen vested in
counted for.
mayor and aldermen. City 25. Time and place of holding, and
council to elect certain ofifi-
rules of police court.
cers. Powers and duties. 26. Salary of police justice.
9. Mayor to nominate, certain 27. Records, returns, and accounts
persons ineligible.
provided for.
10. City clerk. Duties, election, 28. Pending actions
etc.
29. Special justices, powers, duties,
11. Overseers of the poor,-as-
pay, etc.
sessors, school committee, 30. Governor may appoint.
school districts.
31. Duties of selectmen in organ-
12. Jurors. List to be made and
izing the city government,
revised.
and proceedings thereafter.
13. City council to be a board of 32. Annual town meeting sus-
health.
pended, proviso.
14. Powers of city council relating 33. Records and town papers to
to highways.
be delivered to city clerk.
15. Powers of city council relating 34. Acts repealed.
to sidewalks, sewers, and | 35. Legislature may amend.
drains, inspection of lum 36. Acts shall be void, unless
ber, wood, coal, etc.
adopted within twenty days.
| 37. Act takes immediate effect.
1
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the
authority of the same, as follows :
SECTION 1. The inhabitants of the town of Spring- Inhabitants of
field shall continue to be a body politic and corporate, abiag corporate
under the name of the City of Springfield, and, as such, Springfield.
shall have, exercise, and enjoy all the rights, immu-
nities, powers, and privileges, and be subject to all the
duties and obligations now incumbent upon, and apper-
taining to, said town as a municipal corporation.
Springfield made
a body corporate
as the city of
14
CHARTER.
Government
vested in a
mayor, eight
aldermen, and
eighteen common
councilmen.
Quorum.
No compensa-
tion.
the municipal
corporation,
Five men to be
chosen by ballot
SECT. 2. The administration of the fiscal, prudential,
and municipal affairs of said city, and the government
thereof, shall be vested in one principal officer, to be
styled the mayor; one council of eight, to be called the
board of aldermen; and one council of eighteen, to be
called the common council, which boards, in their joint
capacity, shall be denominated the city council; and the
members thereof shall be sworn to the faithful perform-
ance of the duties of their respective offices. A majority
of each board shall constitute a quorum for the trans-
action of business, and no member of either board shall
receive any compensation for his services. All the
Powers vested in powers now vested by law in the town of Springfield, or
in the inhabitants thereof, as a municipal corporation,
shall be vested in the city council, and shall be exercised
by concurrent vote, each board having a negative on
the other.
SECT. 3. A board of five men shall be chosen by
at the meeting ballot by the inhabitants of the town of Springfield, at
the town meeting to be held for the purpose of voting
upon the acceptance of this act, according to the
provisions of the thirty-sixth section of this act, an arti-
cle being inserted in the warrant for said meeting for
that purpose, and said board of five men thus chosen, as
soon as may be after they are thus chosen, and after
the acceptance of this act by the inhabitants, as herein-
after provided, shall divide said town into eight wards,
in a convenient manner, so as best to accommodate the
inhabitants of the several wards, to meet within the
same for municipal purposes. And they shall then
Shall apportion
apportion the members of the common council among
common council.
the several wards, by first assigning to each ward one
member, and dividing the residue, as near as may be
convenient and equitable, according to the population
of the several wards. The city council first chosen
City council shall after this act shall take effect, and thereafter, once in
once in five years. five.years, and not oftener, shall revise, and if it be
needful, alter said wards in such manner as may be
most convenient to the inhabitants, and shall re-appor-
tion the members of the common council among the
several wards, according to the principles herein pre-
scribed for the original division and apportionment by
the said board of five men.*
for accepting
charter, who
shall divide the
town into eight
wards.
the members of
revise the wards
* Revision to be made in 1895 before May 1 of that year, and every
ten years thereafter, Acts of 1888, ch. 437, R. L., ch. 11. -
CHARTER.
15
first Monday in
side, or the clerk
may be chosen.
Duties of inspect-
SECT. 4.* On the first Monday of December, annu- Election of
ally, there shall be chosen by ballot, in each of said and inspectors on
wards, a warden, clerk, and three inspectors of elections, Decembera
residents of the wards in which they are chosen, who
shall hold their offices for one year, and until others
have been chosen in their places, and qualified to act.
The warden shall preside at all meetings, with the Warden to pre-
powers of moderator of town meetings. And if the in his absence,
widant: until, etc.
warden shall not be present, the clerk shall preside until
a warden pro tempore shall be chosen by ballot. If, at Clerk pro tem.
any meeting, the clerk shall not be present, a clerk pro
tempore shall be chosen by ballot. The clerk shall re- Duties.
cord all proceedings, and certify the votes given, and de-
liver over to his successor all such records and journals,
together with all other documents and papers, held by
him in said capacity. The inspectors of elections shall ors.
assist the warden in receiving, assorting, and counting
the votes. And the warden, clerk, and inspectors shall
respectively make oath faithfully and impartially to Oaths of ward
discharge their several duties relative to all elections, administered.
which oath may be administered by the clerk to the
warden, and by the warden to the clerk and inspectors,
or by any justice of the peace for the county of Hamp-
den. A certificate that said oaths have been taken shall
be entered upon the records of the ward, by the clerk.
All warrants for the meetings of the citizens for munici-
pal purposes, to be held either in wards or in general meetings, how
meetings, shall be issued by the mayor and aldermen, etc.
and shall be in such form, and be served, executed, and
returned in such manner, and at such times, as the city
council may by any by-law direct.
SECT. 5. The mayor and aldermen (not more than City officers, how
two aldermen being residents of any one ward), the city resident.
clerk, city treasurer, and a school committee of eight
persons (one of whom shall be taken from each ward)
shall be elected at large, by the qualified voters of the
city, voting in their respective wards. † And the common
councilmen shall be elected from and by each ward,
being residents in the wards in which they are
elected. All of said officers shall be chosen by ballot, All chosen by
Warrants for
issued, served,
elected; where
resident.
* Provisions concerning election and duties of wardens, clerks, and
inspectors superseded by Ř. L., ch. 11, sects. 171-185, as amended by Acts
of 1903, ch. 454, sect. 9. Date of election changed to Tuesday next follow-
ing first Monday, see Acts of 1874, ch. 20, Acts of 1890, ch. 423, sect. 142,
R. L., ch. 11, sect. 3.
† As to residence and election of aldermen see Acts of 1885, ch. 65, also
Acts of 1901, ch. 147, post pg. 39.
16
CHARTER.
ballot, to hold
office one year
until, etc.
Time of
sorted and
counted, etc.
Duty of ward
clerks in certify-
and shall hold their offices for one year from the first
Monday in January; and the mayor, city clerk, and
city treasurer, until others shall be elected and qualified
in their places.*
SECT. 6. On the first Mondayť in December, annu-
holding election. ally, the qualified voters, in each ward, shall give in
their votes for [a ward clerk, warden, and inspectors,
and for] mayor, aldermen and common councilmen,
city clerk, city treasurer, and eight persons at large to
Votes given, how be a school committee. | All the votes so given shall be
assorted, counted, declared, and registered in open
ward meeting, by causing the names of persons voted
for, and the number of votes given for each, to be writ-
ten in the ward records, in words at length. The ward
ing, etc.
clerk, within twenty-four hours after such election,
shall deliver to the persons elected members of the com-
mon council, certificates of their elections, signed by
the warden and clerk, and by a majority of the inspect-
ors of elections, and shall deliver to the city clerk a copy
of the records of such election certified in a like manner.
Provided, that if the choice of common councilmen,
[ward clerk, warden, or inspectors,] shall not be effected
on that day, the meeting may be adjourned from time
to time, to complete such election. The board of alder-
men examine the men shall, as soon as conveniently may be, examine
the mayor-elect. the copies of the records of the several wards, certified
as aforesaid, and shall cause the person who may have
been elected mayor to be notified, in writing, of his
election ; but if it shall appear that no person has
In case of fail received a majority of the votes, or if the person elected
ure to elect, non-
shall refuse to accept the office, the board shall issue
their warrants for a new election, and the same pro-
ceedings shall be had as are hereinbefore provided for
the choice of mayor, and repeated from time to time,
until a mayor is chosen. If it shall appear that the
whole number of aldermen have not been elected, the
same proceedings shall be had as are hereinbefore pre-
scribed for the choice of mayor. And each alderman
Proviso,
Board of alder-
returns and notify
acceptance, etc.
In regard to
aldermen also.
* Aldermen and councilmen to serve for two years, etc., Acts of 1901,
ch. 147.
† Changed to Tuesday next following first Monday, see R. L., ch. 11,
sect. 3.
İSchool committees may be of any number divisible by three, R. L.,
ch. 11, sect. 334, term of office to commence at same time with that of
members of city council, R. L., ch. 42, sect. 25. Ward or precinct officers
to be appointed by the mayor with the approval of the board of aldermen;
for appointment and duties, see R. L., ch. 11, sects. 171-185, as amended
by Acts of 1903, ch. 454, sect. 9.
CHARTER.
decease, etc., of
meet in conven-
vacancy, etc.
Oatlıs, how
administered.
organizations of
ment.
OL
has been elected,
shall be notified, in writing; of his election, by the
mayor and aldermen for the time being.
In case of the decease, resignation, or absence of the In case of
mayor, or of physical inability to perform the duties of the mayor, may
his office, the board of aldermen and the common coun- tion, and fill
cil shall, respectively, by vote, declare that a vacancy
exists, and the cause thereof; whereupon, the two
boards shall meet in convention and elect a mayor for
the time being, who shall serve until another is chosen,
or until the occasion causing the vacancy is removed*
The oaths prescribed by this act may be administered a
to the mayor by the city clerk or any justice of the peace
for the county of Hampden.
The aldermen and common councilmen elect shall provisions for the
on the first Monday in January, at ten o'clock in the the city govern-
forenoon, meet in convention, when the oath required
by this act shall be administered to them by the mayor,
or any justice of the peace for the county of Hampden,
and a certificate setting forth that such oath has been
taken, shall be entered on the journal of each board by
their respective clerks. When it shall appear that no In case no mayor
mayor has been elected previous to the first Monday in ete
January, the mayor and aldermen for the time being
shall make a record of that fact, an attested copy of
which the city clerk shall read at the opening of the
convention to be held as aforesaid. After the oath has
been administered, the two boards shall separate, and
the common council shall be organized by the choice of
a president and clerk, to hold their offices during the
pleasure of the common council; the clerk to be sworn
to the faithful performance of the duties of his office.
In case of the absence of the mayor elect on the first in case of absence
Monday in January, the city government shall organ- Monday of Janu-
ize itself as hereinbefore provided, and may proceed ary,
to business in the same manner as if the mayor were
present; and, at any time thereafter, in convention
of the two branches, the oath of office may be admin-
istered to the mayor, and to any member of the city
council who may have been absent at the organization.
In the absence of the mayor at any meeting, the board or at any meeting
of aldermen may choose a presiding officer, pro tem-
pore, who shall also preside at joint meetings of the
two boards. Each board shall keep a record of its own Each board to
proceedings, and judge of the election of its own mem- be judge of its
mn: keep records and
of mayor on 1st :
of the board.
: * For general law as to vacancy in the office of mayor, sée. R. L., ch.
26, sects, 29, 30.
18
CHARTER.
filled.
executive officer,
Power of
removal, etc.
meetings, etc.
Shall communi.
own elections, etc. bers. In case of failure of election, or in case of
Vacancies, how vacancy declared by either board, the mayor and
aldermen shall issue their warrants for a new election.
Mayor to be chief SECT. . The mayor shall be the chief executive
his duties, etc. officer of said city. He shall be vigilant and active in
causing the laws, and all by-laws and ordinances of
the city, to be enforced, and keep a general supervision
over the conduct of all subordinate officers. And
whenever, in his opinion, the public good requires it,
he may, with the consent of the appointing power,
remove from office any officer over whose appointment
May call special he has the power of nomination. He may call special
meetings of the board of aldermen and common coun-
cil, or either of them when in his opinion the interests
of the city require it, by causing notices to be left at
the places of residence of the several members. He
shall communicate, from time to time, to both boards,
cate information. such information, and recommend such measures, as
in his opinion, the business and interests of the city
Shall preside, etc. Hay require. De sito
may require. He shall preside in the board of alder-
men, and in the convention of the two boards, but
Salary.
shall have only a casting vote.* His salary, for the
first year in which this charter shall take effect, shall
be four hundred dollars, and no more ; and it shall
afterwards be fixed by the city council; and it shall
neither be increased nor diminished during the year
Proviso. for which he is chosen : Provided, that the city coun-
cil may appoint the mayor. commissioner of highways,
when in their opinion such an officer is necessary, and
allow him a suitable compensation therefor.
Powers vested in SECT. 8. The executive power of said city gener-
ally, and the administration of police, with all the
powers heretofore vested in the selectmen of Spring-
field, shall be vested in the mayor and aldermen, as
fully as if the same were herein specially enumerated.
The mayor and aldermen shall have full and exclusive
May appoint
power to appoint a constable and assistants, or a city
marshal and assistants, with the powers and duties of
constables, and all other police officers, and the same
to remove at pleasure. They may require any person
appointed a marshal or constable of the city to give
May require bonds, with such security as they may deem reason-
able, before he enters upon the duties of his office;
mayor and alder-
men.
constables,
marshals, etc.
bonds.
* Mayor given veto power, R. L., ch. 26, sect. 9; not to vote when he
acts as presiding officer in meetings of the board of aldermen or in con-
ventions of the two branches of the city council, R. L., ch. 26, sect. 11.
CHARTER.
to grant licenses,
assessors, collec-
the poor, etc.
officers, how ap-
lic.
upon which bonds the like proceedings and remedies
may be had as upon constables' bonds taken by select-
men of towns. The mayor and aldermen shall have Exclusive power
exclusive power to grant licenses to inn-holders, vict- etc.
ualers, and retailers as fully as the same powers are
possessed by the mayor and aldermen of the city of
Boston.
The city council shall, annually, as soon after their Election of
organization as may be convenient, elect by joint bal- tors, overseers of
lot, in convention, three assessors, a collector of taxes,
three persons to be overseers of the poor, * and a chief
engineer and as many assistants, not exceeding twelve,
as they may by vote determine, and fix their compensa- Compensation.
tions, and the compensations of the city clerk, city treas-
urer, and school committee. They shall also, in such
manner as they shall determine by any by-law, appoint,
or elect, all other subordinate officers not herein other- Subordinate
wise directed for the ensuing year, and define their pointed, etc.
duties and fix their compensations in cases where the
same are not defined and fixed by the laws of the Com-
monwealth. All sittings of the mayor and aldermen, All sessions pub-
and of the common council, shall be public, when they
are not engaged in executive business.
The city council shall take care that no moneys are no moneys paid
paid from the treasury, unless granted or appropriated'; etc.
shall secure a just and proper accountability by requir- Under proper
accountability.
ing bonds, with sufficient penalties and sureties, from
all persons intrusted with the receipt, custody, or dis-
bursement of money ; shall have the care and superin- Superintendency
tendence of the city buildings and the custody and ings.
management of all the city property, with the power to
let or to sell what may be legally sold, and to purchase
property, real or personal, in the name and for the use
of the city, whenever the interest or convenience of
the inhabitants may, in their judgment, require it.
And they shall, as often as once in a year, cause to be Accounts to be
published, for the use of the inhabitants, a particular annually.
account of the receipts and expenditures, and a schedule
of city property.
SECT. 9. In all cases in which appointments are Mayor nominates,
directed to be made by the mayor and aldermen, the
* Election of city officers to be by viva voce vote, R. L., ch. 26, sect. 7;
see amendment to Charter, Acts of 1873, ch. 126, as to election and terms
of office of assessors, assistant assessors, and overseers of the poor.
City physician made, ex officio, member of board of overseers of the
poor of the city, Acts of 1878, ch. 97.
† To be fixed by concurrent vote of council, see amendment to Charter,
Acts of 1853, ch. 175.
unless granted,
of public build-
published
aldermen confirm.
CHARTER.
Aldermen and
common council-
men ineligible,
Addemo
and treasurer,
how filled.
clerk of board of
aldermen,
mayor shall have the exclusive power of nomination,
such nomination being subject to be confirmed or
rejected by the board of aldermen. No person shall be
eligible to any office of emolument, the salary of which
is payable out of the city treasury, who, at the time of
his election or appointment, shall be a member of the
board of ałdermen, or of the common council; and no
member of either board shall hold any other office
under the city government.*
Vacancy of clerk SECT. 10. Should there fail to be a choice of city
clerk, or of city treasurer, as herein provided ; or should
a vacancy occur in either of said offices during the year,
such vacancy shall be filled by the city council in con-
City clerk to be vention. The city clerk shall be clerk of the board of
aldermen, and shall be sworn to the faithful perform-
ance of his duties. He shall perform such duties as
Šis duties, etc.
shall be prescribed by the board of aldermen; and he
shall perform all the duties, and exercise all the powers,
by law incumbent upon, or vested in, the town clerk of
the town of Springfield. He shall be chosen for one
year and until another shall be chosen and qualified in
his place, and he shall deliver to his successor in office,
as soon as he is qualified, all records, books, papers,
documents, or property held by him as city clerk.
Board of
SECT. 11. The persons chosen by the city council to
be overseers of the poor shall, with the mayor, consti-
tute the board of overseers of the poor, of which the
mayor shall be chairman ; and they shall have all the
powers, and be subject to all the duties, now by law
appertaining to the overseers of the poor for the town
of Springfield.t
The persons chosen by the city council as assessors
shall constitute the board of assessors, and shall exer-
cise the powers and be subject to the duties and liabili-
Taxes, how ties of assessors in towns. All taxes shall be assessed,
assessed, etc.
apportioned, and collected in the manner prescribed by
law relative to town taxes : Provided, that the city
council may establish further and additional provisions
for the collection thereof. Should there fail to be a
choice of members of the school committee, as herein
provided, or should a vacancy occur during the year,
the vacancy or vacancies shall be filled by the city
Shall be closen
for one year and
until, etc.
overseers of the
poor.
Powers, duties,
etc.
du P
Powers and
duties of assess-
ors,
Proviso.
Vacancies in
school commit.
tee, how filled.
* No member of city council to be interested in a private capacity in
city contracts, or receive presents, etc., see R. L., ch. 210, sect. 9.
† See amendment to Charter, 1873, ch. 126, sect. 3. - City physician
made member of board, ex officio, Acts of 1878, ch. 97.
CHARTER.
21
committee.
School districts
abolished.
school commit.
tricts are dis-
solved, their
duties, etc., cease.
council in convention. The persons chosen as school
committee shall have the care and superintendence of Duties of school
the public schools, and shall have all the powers, and
perform all the duties, of town school committees. *
The limits of the several school districts in the said
town of Springfield shall be abolished, and the several
districts shall be united under one organization; and the
school committee, which shall be chosen according to Further duties of
the provisions of the fifth section of this act, shall have tee.
the same rights and powers, and perform the same
duties, which the several district prudential committees
now have and exercise in the said town of Springfield :
Provided, that the inhabitants of the several school dis- Proviso.
tricts in said town, at any legal meeting of the qualified
voters thereof, called for the purpose, shall within
ninety days from the acceptance of this act by the
inhabitants of Springfield, as hereinafter provided, vote
to dissolve their several district organizations and dis-
pose of their school district property.
If the said several school districts shall vote as In case school dis-
herein before provided, to dissolve their several organ- solved, their
izations and dispose of their district property, said dis-
tricts shall thereafter be dissolved, and their powers
and privileges, and their duties and liabilities, shall
cease : Provided, that the said districts shall continue Proviso.
liable to pay all their existing debts and to perform all
legal contracts.
If the said districts shall by vote so elect, the city City to take the
property of the
shall take the property of said districts.
If the said districts shall vote, as aforesaid, to dis- Mayor to certify to
solve their several organizations and dispose of their pleas the dissolu-
district property, the mayor of said city shall return to tricts.
the Court of Common Pleas then next to be holden at
said Springfield after the said votes have been passed,
his certificate of the fact that the several school dis-
tricts have so voted; and the said Court of Common
Pleas, upon the filing of said certificate, shall appoint
three disinterested commissioners, not citizens of said Three commis-
city, who, after due notice to the said several districts appointed on the
and said city, shall proceed to award and determine debts of the dis-
upon what terms the property of said districts shall be
surrendered to said city, and in what manner the debts
of the several districts shall be paid ; and said commis-
Commissioners to
sioners shall return their said award to the Court of make returns, etc.
districts.
court of common
tion of school dis-
sioners to be
property and
tricts.
* See as to superintendent of schools, R. L., ch. 42, sects. 40-42.
22
CHARTER.
dissolved, to
till altered by ci
council, etc.
tial committee.
List of jurors
made by mayor
submitted to com-
mon council.
Common Pleas next to be holden at Springfield after
their appointment, and said award, after being accepted
by the said court, shall be binding on the said city and
How paid. said several districts, and said commissioners shall be
paid for their services by the said city.
If districts are not If the several school districts shall not, within
remain as they are ninety days from the acceptance of this act by the said
town of Springfield, vote, as above provided, to dissolve
their several organizations and dispose of their prop-
erty, then the limits of the several school districts, in
the said town of Springfield, shall remain as they now
are, until altered by the city council; and the said
school districts shall retain their present organization
Duties of pruden- and all their district property; and the said districts, .
and their several prudential committees, shall have the
same rights and powers, and perform the same duties,
which they now have and perform in the said town of
Springfield.
SECT. 12. The list of jurors shall be prepared by the
and aldermen, and mayor and aldermen in the same manner as is required
in the ninety-fifth chapter of the Revised Statutes to
be done by the selectmen within and for their respect-
ive towns; and the lists, when made out by the mayor
and aldermen, shall be submitted to the common coun-
cil for concurrent revision or amendment.*
Duties of mayor, The mayor and aldermen, and the city clerk, shall
aitg clerk imma severally have and exercise all the powers and duties,
ring with regard to the drawing of jurors in the city and all
other matters relating to jurors therein, which are
in the ninety-fifth chapter of the Revised Statutes
required to be performed by the selectmen and town
clerks in their respective towns; and all venires for
jurors to be returned from Springfield shall be served
on the said mayor and aldermen.t
City council made SECT. 13. All power now by law invested in the
board of health of the town of Springfield shall be
transferred to and vested in the city council, to be car-
ried into execution by the appointment of health com-
missioners, or in such manner as the city council may
judge expedient.
City council to lay SECT. 14. The city council shall have exclusive
the city, and have authority and power to lay out, alter, or discontinue
with county com- any street or way, the termini of which are entirely
aldermen, and
regard to drawing with mom
jurors.
a board of health.
out streets within
concurrent power
missioners.
* Jury lists to be prepared by board of registrars of voters, R. L., ch.
176, sects. 4-7.
† See R. L., ch. 176, sects. 10, 18.
CHARTER.
23
fied may appeal.
repaired.
and drains.
within the city, and concurrent power with the county
commissioners, to lay out* any other highway in the
city, and to estimate the damages any person may sus-
tain thereby; but all questions relating to the laying
out, accepting, altering, or discontinuing any street
or way, shall first be acted upon by the mayor and
aldermen. Any person dissatisfied with the decision
of the city council, in the estimate of damages, may Persons dissatis-
make complaint to the county commissioners of the
county of Hampden, at any meeting holden within one
year after such decision, whereupon the same proceed-
ings shall be had as are now provided by law, in cases
where persons are aggrieved by the assessment of dam-
ages by selectmen, in the twenty-fourth chapter of the
Revised Statutes. +
SECT. 15. The city council may cause suitable side- City council may
walks to be made and repaired in such places as they to be made and
may judge best; and they shall assess the expenses
thereof upon the persons owning the lands or estates
against which such sidewalks are so made or repaired,
apportioning the same equitably, where there are two
or more adjacent owners. They may cause drains and May make sewers
common sewers to be laid down through any streets or
private lands, paying the owners of lands such damages
as they may sustain thereby, and may require all per-
sons to pay a reasonable sum for the privilege of open-
ing any drain into a public drain or common sewer;
and they may also require private drains to be con-
ducted into a public drain or common sewer when they
shall judge the same necessary for the health or clean-
liness of the city. In default of payment of any assess- Unpaid assess-
ment made in pursuance of the provisions of this sec- taxes.
tion, in a reasonable time after notice thereof, the
amount so unpaid may be added to the taxes of the
party so deficient, and collected by the collector with
other city taxes,
The city council may make by-laws, with suitable Survey and
penalties, for the survey, inspection, admeasurement, lumber, wood,
and sale, of lumber, wood, coal, and bark, brought into
the city for sale ; and all such other salutary and need-
ful by-laws as towns may make and establish, and may
*“Alter or discontinue" inserted after words "concurrent power with
the county commissioners to lay out," Amendment to Charter, Acts of
1873, ch. 126.
† R. L., ch. 48. May locate anew, Acts of 1863, ch. 204. See also
Acts of 1867, ch. 94, extending to Springfield provision of Acts of 1866,
ch. 174, as to Boston. See as to Board of Public Works, Acts of 1872, ch.
334, post page 131.
ments added to
coal, etc.
CHARTER
By-laws to be
published.
Town by-laws to
remain in force
until, etc.
ties for breach of
by-laws, how
prosecuted and
recovered.
to court of com-
mon pleas.
annex penalties thereto, not exceeding twenty dollars
for the breach thereof; which by-laws shall be in force
from and after the time therein respectively limited,
without the sanction of any court or other authority.
All such by-laws, and all city ordinances, shall be pub-
lished in such newspaper as the city council shall
direct; and all by-laws now in force, in the town of
Springfield, shall remain in force until they expire by
their own limitation, or are revised or repealed by the
city council.
Fines and penal. SECT. 16. All fines, forfeitures, and penalties accru-
ing for the breach of any by-law of the city, or of any
ordinance of the city council, or of any of the orders of
the mayor and aldermen, shall be prosecuted for and
recovered before the Police Court of the said city of
Springfield, by complaint or information, in the name
of the Commonwealth, in the same manner in which
other criminal offenses are now prosecuted before the
justices of the peace within this Commonwealth, reserv-
ing, in all cases, to the party complained of and prose-
Right of appeal cuted, the right of appeal to the Court of Common Pleas
for the trial of criminal causes, then next to be holden
in the county of Hampden, from such judgment and
sentence of the Police Court. Such appeal shall be
allowed on the same terms, and the proceedings be con-
ducted therein in the same manner, as is provided in
the one hundred and thirty-eighth chapter of the
Complaint how Revised Statutes.* In all such prosecutions it shall be
sufficient to set forth in the complaint, the offense, fully;
plainly, substantially, and formally, and it shall not be
necessary to set forth such by-law, ordinance, or order,
or any part thereof. When such complaint is made by
any person not an officer of the city, no warrant shall
issue thereon until the complainant shall recognize,
for costs, etc.
with sufficient surety, to the satisfaction of the justice
of said Police Court, conditioned to pay all the costs of
such prosecution in case the person complained of shall
not be convicted thereon. And in case of default of
how prosecuted. such recognizance, the same may be enforced, and the
same proceedings had thereon, as in case of a recogni-
zance to prosecute an appeal from the judgment of such
Fines paid to city justice. All fines, forfeitures, and penalties, and all
costs, so recovered and paid, shall be paid to the treas-
urer of said city, and shall inure to such uses as the
city council shall direct.
* Appeal to Superior Court, R. L., ch. 219, sects. 22-30.
set forth.
Recognizances
Defaults of
recognizances,
treasurer.
CHARTER.
25
mine the number
etc.
When any person, upon conviction before the Police Persons neglect-
di ing to pay fines,
Court for breach of any by-law of said city, or any ordi- how punished.
nance of the city council, or any order of the mayor
and aldermen, shall be sentenced to pay a fine, penalty,
or forfeiture, and shall refuse or neglect to pay the
same, or, upon claiming an appeal, shall fail to recog-
nize according to law, he shall be committed to prison,
there to remain until he shall pay such fine, penalty,
and forfeiture and costs, or be otherwise discharged
according to law. And the provisions of this section
shall also apply to all prosecutions, founded upon the This section
by-laws or ordinances of the town of Springfield, which town by-laws.
may continue in force after this act shall go into oper-
ation.
SECT. 17. The city council shall, annually, in the City council deter-
month of October, meet in convention and determine of representatives,
the number of representatives to be elected by the city
to the General Court in such year, which shall be con-
clusive. And the number thus determined shall be
specified in the warrants calling meetings for the elec-
tion of representatives. *
SECT. 18. All elections for county, state, and United Election of
States officers who are voted for by the people, shall be United States
held at meetings of the citizens qualified to vote in for.
such elections, in their respective wards, at the times
fixed by law for these elections respectively; and at
such meetings all the votes given for said several offi-
cers, respectively, shall be assorted, counted, declared,
and registered in open ward meeting, by causing the
names of all persons voted for, and the number of votes
given for each, to be written in the ward record, in
words, at length.† The ward clerk shall forthwith Duty of ward
deliver to the city clerk a certified copy of the record clerks, of mayor
of such elections ; the city clerk shall forth with record
such returns ; and the mayor and aldermen shall,
within two days after every such election, examine and
compare all such returns, and make out a certificate of Returns
the result of such elections, to be signed by the mayor made.
and a majority of the aldermen, and by the city clerk,
which shall be transmitted or delivered in the same
manner as similar returns are by law directed to be
made by selectmen of towns. And in all elections for New elections to
representatives to the General Court, in case the whole fil
number proposed to be elected shall not be chosen by a
* See Amendment to Constitution, Article 21, Revised Laws, page 47.
† For changes made by general laws, etc., see R. L., ch. 11.
county, state, and
United States
officers provided
and aldermen.
fill vacancies,
CHARTER.
List to be
delivered to ward
clerks.
to names
omitted.
majority of the votes legally returned, the mayor and
aldermen shall forthwith issue their warrants for a new
election, conformably to the provisions of the constitu-
tion and the laws of the Commonwealth.*
List of voters. SECT. 19. Prior to every election, the mayor and
aldermen shall make out lists of all the citizens of each
ward, qualified to vote in such elections, in the manner
in which selectmen of towns are required to make out
lists of voters; and, for that purpose, they shall have
full access to the assessors' book and lists, and be
entitled to the assistance of all assessors and other
city officers. They shall deliver the lists, so prepared
delivered to wa
ward and corrected, to the clerks of the several wards, to be
Proviso, in regard used at such elections : *Provided, that any person :
whose name shall not be borne on the list of the ward
in which he is entitled to vote, when it shall be placed
in the hands of the clerk of said ward, shall have the
right to have his name entered thereon, at any time
thereafter before the closing of the polls, upon present-
ing to the ward officers a certificate signed by the
mayor or city clerk, by order of the board of aldermen,
setting forth his right to have his name thus entered.
SECT. 20. General meetings of the citizens qualified
request of thirty to vote may, from time to time, be held, to consult
upon the public good, to instruct their representatives,
and to take all lawful means to obtain redress for any
grievances, according to the right secured to the people
by the Constitution of this Commonwealth. And such
meetings shall be duly warned by the mayor and alder-
men, upon the request in writing, setting forth the
purposes thereof, of thirty qualified voters.
SECT. 21.1 A fire department is hereby established
in said city, with all the powers and privileges, and
subject to all the duties and liabilities, set forth and
contained in an act entitled "An Act to regulate Fire
Departments," passed on the ninth day of April, in the
year one thousand eight hundred and thirty-nine, and
the city council shall possess all the powers, and per-
form all the duties imposed and conferred by said act
Present fire dis- upon the selectmen of towns. The inhabitants of any
dissolve, and dis- fire district, organized according to law in the town of
Springfield, at any legal meeting of the qualified voters
General meeting
to be called on
request of thirt
voters.
Fire department
established.
tricts may
pose of
apparatus.
* See Constitution, Article 14, Revised Laws, page 45; also R.L., ch. 11.
† For changes made by general laws, see R. L., ch. 11.
See part repeal of section 21 and substitute act in amendment, Acts
of 1853, ch. 175, page 33.
CHARTER.
27
the city shall
fire apparatus,
deduct excess
thereof, called for the purpose, may vote to dissolve
their said fire district, and to annul the organization
thereof, and may dispose of the fire apparatus and
other property of the district, and appropriate the pro-
ceeds thereof in such manner as they judge best, and
thereafter such fire district shall be dissolved, and
their powers and privileges, and their duties and lia-
bilities, shall cease : Provided, that the said district Proviso.
shall continue liable to pay all their existing debts and
to perform all legal contracts. If the said district shall if districts elect,
by vote so elect, the city shall purchase the fire appara- purchase their
tus and other property of such district, at a fair valua- pay debts and
tion, not exceeding the amount paid by the district from city taxes.
therefor, exclusive of anything paid by the town of
Springfield towards the same, and shall pay the debts
and liabilities of the district, so far as the amount of
such valuation may be sufficient therefor. And if the
amount of the valuation exceeds the amount of the
debts and liabilities of the district, such excess shall
be allowed upon and deducted from the city taxes
then next assessed upon the inhabitants of such fire
district, in the proportion severally assessed upon them
in the tax lists by the assessors.
SECT. 22. A Police Court is hereby established in A police court
established.
said city, to consist of one learned, able, and discreet
person, to be appointed and commissioned by the gov-
ernor, pursuant to the constitution, to take cognizance
of all crimes, offenses, and misdemeanors committed
within said city whereof justices of the peace now
have, or may hereafter have, jurisdiction. And the Its powers,
viduties, etc.
court hereby established shall hear and determine all
suits, complaints, and prosecutions, in like manner as
is by law provided for the exercise of the powers and
authority which are, or may be, vested in justices of
the peace, and shall do all acts necessary to and con-
sistent with such powers and authority. And the said Its jurisdiction,
Police Court shall also have original jurisdiction and
cognizance of all suits and actions which may now, or
at any time hereafter, be heard, tried, and determined
before any justice of the peace in the county of Hamp-
den, and exclusive jurisdiction whenever all the par-
ties reside in Springfield, and service of the writ is had
on the defendant in said county; and no writ, in any
etc.
* Jurisdiction extended to include Wilbraham, Agawam, Longmeadow,
West Springfield, Hampden and East Longmeadow, Acts of 1874, ch.
180, R. L., ch. 160, sect. 2.
28
CHARTER.
counsel, etc.
Warrants, how
returnable, etc.
such action or suit, shall be' made returnable before
any justice within said city of Springfield, but to said
Appeals, etc. Police Court only; and an appeal shall be allowed from
all judgments of said Police Court, in like manner and
to the same extent that appeals are now allowed by
law from judgments of justices of the peace; and the
Justices not to be justices of said Police Court shall not be of counsel or
attorney to any party in any matter or thing whatever
which may be pending in said court, or which shall
have been previously determined before himself.*
SECT. 23. All warrants issued by said court shall be
made returnable and shall be returned before said court,
and no warrant shall be issued by any justice of the
peace within the county of Hampden, except by the
standing justice or one of the special justices of said
court, for any crime or offense committed within said
city of Springfield.
Fines, etc., howa SECT, 24. All fines and forfeitures, and all fees in
received and paid.
criminal cases, now allowed by law to justices of the
peace, which shall be received by, or paid into the hands
of, the justice of said court, shall be by him accounted
for and paid over to the treasurer of said city; and all
Other costs, how other costs in criminal prosecutions, which shall be paid
and paid over, etc. to the justice of said court, shall be by him accounted
for and paid over to the same persons, in the same man-
ner, and under the same penalties for neglect, as are by
law prescribed in the case of justices of the peace, and
all costs in such prosecutions, not thus received, shall
be made up, taxed, certified, and allowed, and shall be
paid and satisfied, in like manner as is provided by law
in cases of justices of the peace; and in all cases
where fines, forfeitures, and costs are not paid to the
justice of said court, but are by him taxed and certi-
fied, and are allowed, in the manner now prescribed
by law, and such fines and costs are subsequently paid
to the treasurer of the county of Hampden, the justice's
fees so taxed and paid shall accrue to the county afore-
said ; and in all cases where said justice's fees are so
Other costs, how
accounted for
* Office of clerk of Police Court established, Gen. Stat., ch. 116; pro-
visions as to election of clerks, Acts of 1866, ch. 169; as to appointment
by governor for Springfield and fixing salary at $1,000, Acts of 1872, ch.
163; clerk to be appointed and commissioned by governor, Acts of 1876,
ch. 141 ; all clerks of Police Courts to be appointed by governor, Acts
of 1877, ch. 210; clerk's salary increased to $1,200, Acts of 1874, ch.
180; reduced to $1,000, Acts of 1879, ch. 232; increased to $1,200, Acts
of 1886, ch. 155; increased to $1,400, Acts of 1889, ch. 28; increased
to $1,800, Acts of 1904, ch. 453; to have clerical assistance, Acts of 1996,
ch. 331; may appoint assistant clerk with salary of $600, assistant clerk's
salary increased to $1,200, Acts of 1904, ch. 453.
CHARTER.
29
establish rules,
taxed and certified by the justice of said court, and are
allowed, but are not subsequently paid to the treasurer
of said county, the said county of Hampden shall be
discharged from all obligations to pay said magis-
trate's fees to any person whatsoever.*
SECT. 25. A court shall be held by said justice, at Time and place
of holding the
some suitable and convenient place to be provided at court.
the expense of said city,t on two several days of each
week, at nine of the clock in the forenoon, and as
much oftener as may be necessary, to take cognizance Purpose.
of crimes, offenses, and misdemeanors, and on one day
in each fortnight, at ten of the clock in the forenoon,
and may be adjourned from day to day, by the justice
thereof, and at such other times as may be necessary,
for the trial of civil suits and actions; and the justice Justice may
of said court shall, from time to time, establish all etc.
necessary rules for the orderly and uniform conduct-
ing of the business thereof. Complaints may be re-
ceived and warrants issued by him at all reasonable
times when said court is not in session.
SECT. 26. The justice of said court shall receive Salary and fees.
from the treasurer of said city, an annual salary of
seven hundred dollars in quarterly payments; and he
shall be allowed, as a compensation for his services in
the trial and determination of civil suits, cognizable
by said court under this act, to tax, receive, and retain
the same fees now allowed by law to justices of the
peace in civil cases. I
SECT. 27. The justice of said court shall keep a fair Records, returns,
record of all proceedings in said court, and shall make provided for.
return to the several courts of all legal processes, and
of his doings therein, in the same manner as justices
of the peace are now by law required to do ; and he
shall also, annually, in the month of January, exhibit
to the mayor and aldermen of said city, a true and
faithful account of all moneys received by him. §
and accounts
* As to fines, costs, and expenses of prosecution, see R. L., chs. 204,
221, 160, sect. 15.
† Court to be always open, R. L., ch. 160, sect. 39; expenses paid by
county, R. L., ch. 160, sect. 40.
Salary fixed at $1,500, General Statutes, ch. 116, sect. 33; increased
to $2,000, Acts of 1868, ch. 330; increased to $2,400, Acts of 1874, ch. 180;
decreased to $1,800, Acts of 1879, ch. 232, paid by Commonwealth ; in-
creased to $2,000, Acts of 1887, ch. 171; salaries to be paid by and fees to
be paid to county, P. S., ch. 154; salary increased to $2,200, Acts of 1897,
ch. 359; increased to $3,000, Acts of 1904, ch. 453.
§ Duties as to records and accounts now devolve on clerk, R. L., ch.
160.
30
CHARTER.
powers, etc.
Governor may
appoint said jus-
etc.
Pending actions. SECT. 28. All suits, actions, and prosecutions, which
shall be instituted and pending before any justice of
the peace within the town of Springfield, when this
act shall take effect, shall be heard and determined as
though this act had not been passed.
Special justices. SECT. 29. There shall be appointed by the governor,
by and with the advice and consent of the council, two
special justices of said court; and whenever it shall
happen that the standing justice of said court shall be
interested in any suit or prosecution cognizable in said
court, or shall from any cause be unable to hold such
Their duties, court, or discharge any of the duties required of him
by this act, the said special justices shall have power
to issue the processes of said court, and to hear and
determine any matter or cause pending therein, the
said cause being assigned on the record by the stand-
How paid.
ing or special justice; and such special justice shall be
paid, for services so rendered, by the standing justice,
out of his salary, such sums as justices of the peace
are paid for like services.*
SECT. 30. The governor shall have power, by and
tices at any time, with the advice and consent of the council, to appoint
said justice and special justices, at any time after the
passing of this act.
SECT. 31. For the purpose of organizing the system
ganizing the city of government hereby established and putting the
same into operation in the first instance, the selectmen
of the town of Springfield, during the months of April
or May of the present year, shall, seven days before
the day of meeting, issue their warrants for calling
rants, etc.
meetings of the citizens in their several wards, at such
place and hour as they may deem expedient, for the
purpose of choosing a warden, clerk, and inspectors of
each ward, and all other officers whose election is pro-
vided for in the preceding sections of this act; and
Appoint ward they shall appoint a clerk pro tempore of each ward,
who shall call the meeting to order and preside until a
warden is chosen. The transcripts of the record of
each ward, specifying the votes given for the several
officers, certified by the warden and clerk, and by a ma-
Returns, how jority of the inspectors of such ward, at such first
made, etc.
meeting, shall be returned to the selectmen, who shall
examine and compare the same; and in case such elec-
tions should not be completed at the first meeting, they
shall issue warrants for a new meeting until said elec-
*For compensation of special justices, see R. L., ch. 160, sect. 69.
Duties of the
government.
Shall issue war-
clerks pro tem.
CHARTER.
31
sons elected.
city council.
when held.
elect all necessary
tions shall be completed. They shall give notice of Shall notify per-
such elections, in the manner herein before directed, sons
to the several persons elected. At said first meeting, a
list of voters in each ward, prepared and corrected by
the selectmen for the time being, shall be delivered to
the clerk. pro tempore of each ward, to be used as be-
fore directed. The selectmen shall appoint such time First meeting of
for the first meeting of the city council, as they judge
proper, after the choice of said city officers, or of a ma-
jority of the members of both branches of the city coun-
cil, not later than the first Monday in June next, and
shall appoint the place and hour of said first meeting.
A written notice thereof shall be sent, by the selectmen, How notified.
to the place of abode of each of the city officers so
chosen ; and notice of the day, hour, and place of said
meeting shall be published in one or more newspapers
printed in said town.
After the first organization of the city council, the Annual elections,
meetings for the annual elections and for the organiza-
tion of the city council, shall be as provided in the sixth
section of this act.
The city council, immediately after the first organ- city council shall
ization, shall elect all necessary city officers, who shall officers, etc.es
hold their offices respectively until others are chosen
and qualified.
At the meetings to be called, as prescribed in this County officers,
section, for the choice of ward and city officers, the
qualified voters shall also give in their votes for county
officers, which votes shall be recorded, certified, and
returned in the manner provided in the seventeenth
section of this act.
SECT. 32. The annual town meeting for the town of Annual town
Springfield, which, by law, is to be holden in March or pended.
April, is hereby suspended, and all town officers now
in office shall hold their places until this act shall take Present officers
effect and their successors are chosen and qualified.
And in case this charter shall not be accepted as herein- Provision in case
after provided, the selectmen shall issue their warrants, accepted.
according to law, for holding the annual town meeting
of the inhabitants, in which all the proceedings shall
be the same as if this act had not been passed.
SECT. 33. All officers of the town of Springfield hav- Town's papers and
property delivered
ing the care and custody of any of the records, papers, over, etc.
or property belonging to the town, shall deliver the
same to the city clerk within one week after his enter-
ing upon the duties of his office.
how chosen, etc.
meetings sus-
hold over.
the charter is not
32
CHARTER.
amend.
Act void unless
adopted within
Acts repealed. SECT. 34. All acts and parts of acts, inconsistent
with the provisions of this act, are hereby repealed.
Legislature may SECT 35. Nothing in this act contained shall be so
construed as to prevent the Legislature from altering
or amending the same when they shall deem it expe-
dient.
SECT. 36. This act shall be void unless the inhabit-
twenty days, etc. ants of the town of Springfield, at a legal town meet-
ing called for the purpose, shall, by vote of a majority
of the voters present and voting thereon by a written
ballot, determine to adopt the same within twenty days
from and after its passage ; at which meeting the polls
shall be kept open not less than six hours; and the pre-
siding officer, in receiving said ballots, shall use the
check-lists in the same manner as they are used in
elections of state officers.
SECT. 37. This act shall go into operation from and
after its passage.*
Takes effect.
* This act was adopted by a vote of 969 yeas. to 454 nays at a meeting
held April 21, 1852.
NOTE.-An act was passed in 1877 to revise and amend the charter of
the city, but was not accepted by the people. It may be found in Acts of
1877, ch. 146.
AMENDMENTS TO CHARTER.
· ACTS OF 1853. CHAPTER 175.
AN ACT IN ADDITION TO AN ACT TO ESTABLISH THE
CITY OF SPRINGFIELD.
Section.
Section.
1. Section 21, relating to fire de- | 3. Engineers and other officers,
partment repealed.
their powers and duties.
2. City council may establish fire 4. Compensation of certain offi-
department, prescribe rules,
cers, how fixed.
etc.
cers,
establish fire
Be it enacted, etc., as follows :-
SECTION 1. So much of the twenty-first section of Section 21, relat-
ing to fire depart-
the act to which this is in addition, as relates to the ment, repealed.
establishment of a fire department in said city, is
hereby repealed.
SECT. 2. The city council of the city of Springfield City council may
may establish a fire department for said city, to consist department, pre-
scribe rules, etc.
of a chief engineer, and so many assistant engineers,
and so many engine men, hosemen, hook and ladder
men, as the city council, by ordinance, shall from time
to time prescribe; and said city council shall have
authority to make such provisions in regard to the time
and mode of appointment, and the occasion and mode
of removals of either such officers or members, to
make such requisitions in respect to their qualifications
and period of service, to define their office and duties,
to fix and pay such compensation for their services,
and in general to make such regulations in regard to
their conduct and government, and to the manage-
ment and conduct of fires and persons attending fires,
-subject to the penalties provided for the breach of the
city ordinances—as they shall deem expedient: Pro- Proviso.
vided, that the appointment of engine men, hosemen,
and hook and ladder men, shall be made by the mayor
and aldermen, exclusively.
SECT. 3. The engineers and other officers of the Engineers and
fire department so appointed as aforesaid, shall have their powers and
the same authority in regard to the prevention and ex-
tinguishment of fires, and the performance of the other
other officers,
duties.
DI
AMENDMENTS TO CHARTER.
offices and duties now incumbent upon fire-wards, as
are now conferred upon fire-wards by the Revised
Statutes now in force. They shall also have authority,
in compliance with any ordinance of said city, to make
an examination of places where shavings and other
combustible materials are collected or deposited, and
to require the removal of such materials, or the adop-
tion of suitable safeguards against fire; and said city
council are hereby authorized to make suitable ordi-
nances upon the latter subject, under the penalties
enacted in the city charter.
SECT. 4. The compensation to the fire department, !
to assessors, collector of taxes, city clerk, city treasurer,
and school committee, shall be fixed by a concurrent
vote of the two branches of the city council; any pro-
vision contained in the eighth section of the city charter
to the contrary notwithstanding.
Approved by the Governor, April 23, 1853.
n
Compensation of
certain officers,
How fixed.
AMENDMENTS TO CHARTER.
35
• ACTS OF 1873. CHAPTER 126.
AN ACT AMENDING THE CHARTER OF THE CITY OF
SPRINGFIELD.
Section.
Section.
1. City charter amended, 1852, 94, tion of board of public works,
sect. 14.
unless notice be first given
2. Assessors and assistant assess-
to all interested. Proceed-
ors, how and when chosen ;
ings after recommendation of
to hold office for three years. board of public works.
3. Overseers of the poor, how and 7. City council may establish any
when chosen; to hold office
portion of city as a building
for three years.
district.
4. All existing sewers and drains 8. City council may require all
may be taken and appropri-
tenements and buildings to
ated by the city.
be numbered, etc.
5. Sewers and drains hereafter 9. City may appropriate and raise
laid out to become the prop-
by taxation sums for support
erty of the city.
of city hospital.
6. City council not to lay out, etc., | 10. Inconsistent acts repealed.
streets, sidewalks, sewers, or | 11. Act subject to acceptance by
drains, without recommenda-
city council.
Be it enacted, etc., as follows :-
SECTION 1. Section 14 of chapter ninety-four of the City charter
amended, 1852,
year one thousand eight hundred and fifty-two is 94, $14.
amended by inserting the words “alter or discontinue"
after the words “concurrent power with the County
Commissioners to lay out.”
SECT. 2. The city council of the city of Springfield, Assessors and as-
sistant assessors,
shall, within two months after the passage of this Act, how and when
chosen; to hold
elect by ballot in joint convention, three assessors, one office for three
years.
to hold office for three years, one for two years, and
one for one year from the first day of April of the year
eighteen hundred and seventy-three; and shall there-
after annually, within sixty days after the organization
of the council, elect in like manner one assessor to hold
office for the term of three years from the first day of
April in the year of such election. Said council shall
at the same times and in the same manner, elect such
number of assistant assessors, not exceeding eight, as
said council may from time to time by ordinance pre-
scribe, who shall hold office for the term of one year
from the first day of April in the year of their election,
and shall assist the assessors in doing their duties, in
such manner and with such compensation as shall be
prescribed by ordinance of the city council.
36
AMENDMENTS TO CHARTER.
Overseers of the
poor, how and
hold office for
three years.
SECT. 3. Said city council shall in like manner,
when chosen; to within two months after the passage of this act, elect
three persons to be overseers of the poor, who shall hold
office, one for one year, one for two years, one for three
years from the first day of April, eighteen hundred and
seventy-three, and shall afterward annually, within
sixty days after its organization, elect one person as an
overseer of the poor, to hold office for three years from
the first day of April in the year of such election.*
All existing sew- SECT. 4. All sewers and drains, and all parts of
may be taken and sewers and drains now existing in any street, highway,
or town way in the city of Springfield, and not now
owned by said city, or of which the ownership may be
uncertain, may be taken and appropriated by vote of
the mayor and aldermen, and shall thereupon become
the property of the city, and subject to its control ; but
ers and drains
appropriated by
corporation of any existing right to use such sewers
thereafter laid out
to become the
property of the
any person or corporation sustaining damage by such
taking or appropriation of any sewer or drain may
recover compensation therefor in the manner provided
in case of damage sustained by the laying out of
highways.
Sewers and drains SECT. 5. All sewers and drains, and parts of sewers
to become the and drains, within the limit of any street or public way
hereafter laid out within said city, shall, on such laying
out, become the property of said city, and subject to
its control ; but nothing herein contained shall deprive
any person or corporation of any existing right to use
any such sewer or drain for the purposes of drainage ;
and any person or corporation sustaining damage by
such change of ownership in such sewers and drains,
or any of them, may recover compensation therefor in
the manner provided for in case of damage sustained
by the laying out of highways.
to lay out, etc.,
sewers, or drains
mendation of
works,-unless
given to all inter-
ested.
streets, sidewalks, of chapter three hundred and thirty-four of the acts of
without recom- the year eighteen hundred and seventy-two, the city
board of public council of said city shall not, nor shall the mayor and
notice'be first alđermen, proceed to lay out, alter, widen, discontinue,
or change the grade of any street, establish, lay out,
change the grade of, construct, pave, alter any side-
walk, or lay out, establish, construct, or alter any
* City physician made, ex officio, a member of the board of overseers
of the poor of the city, Acts of 1878, ch. 97.
AMENDMENTS TO CHARTER.
recommendation
works.
establish any por-
building district.
sewers or drains, in opposition to the recommendation
of the board of public works, or without such recom- Proceedings after
mendation, unless they shall first give to all parties of board of public
interested the notice which before the passage of said
chapter was required by law to be given to parties
interested in the laying out of streets ; in all cases,
after such hearing, the recommendations of the board
of public works may be adopted and carried into effect
without further notice to or hearing of parties, unless
some party interested, within fourteen days after the
hearing before the board of public works, files with the
city clerk a request in writing to be heard further, in
which case the same notice shall be given to all parties
interested as is provided in case the recommendation
of the board of public works is not adopted, and a
hearing shall be had before the mayor and alder-
men.
SECT. %. The city council may, from time to time City council may
by concurrent vote of the two branches, establish such tion of city as a
portion of the city as they see fit, as a building district,
within which no building shall be erected till the plans
and specifications thereof, so far as they indicate the
material, height, and thickness of the walls, and the
material of the roof and cornices and other projections,
shall have been approved by a commissioner appointed
for the purpose by the mayor, with the consent of the
aldermen; but nothing herein contained shall be con-
strued as authorizing the erection of any buildings, in
violation of any ordinance of said city, relating to the
erection of buildings within the limits of any fire
district now established, or which may hereafter be
established.
SECT. 8. Said city council may by ordinance, with City council may
suitable penalties, require all tenements and buildings ments and build-
on streets and within a district named and described in bered, etc.
such ordinance, to be suitably numbered by the owner
or occupant; and may .provide that, if the owner or
occupant fails to number any building or tenement in
accordance with such ordinance, said city may cause
the same to be numbered at the expense of the owner
or occupant.
SECT. 9. The city of Springfield may appropriate City may appro-
annually, and raise by taxation, such sum as the city by taxation sums
council deems fit, for the support of a city hospital. city hospital.
SECT. 10. All acts and parts of acts inconsistent Inconsistent acts
herewith are repealed.
require all tene-
ings to be nuin-
priate and raise
for support of
repealed.
38
AMENDMENTS TO CHARTER.
Actisubject to SECT. 11. This act shall take effect on the accept-
acceptance by city
council. "ance thereof by the concurrent vote of the city coun-
cil of said city of Springfield.
Approved, March 28, 1873.
NOTE.-Accepted by the city council, March 31, 1873.
ACTS OF 1885. CHAPTER 65.
AN ACT TO AMEND THE CHARTER OF THE CITY OF SPRING-
FIELD CONCERNING THE ELECTION OF ALDERMEN.
Section.
1. Election of aldermen.
2. Repeal.
Section.
3. Subject to acceptance by voters.
men,
Be it enacted, etc., as follows :-
Election of alder- SECTION 1. The board of aldermen of the city of
Springfield shall consist of one citizen of each ward,
elected at large by the qualified voters of the city voting
in their respective precincts, and the candidate from
each ward who has the highest number of votes shall
be declared elected.*
Repeal.
SECT. 2. All parts of the charter of the city of
Springfield or amendments thereto inconsistent here-
with are hereby repealed.
SECT. 3. This act shall take effect upon its accept-
ance by a majority of the qualified voters of the city of
Springfield, present and voting in their respective pre-
cincts, at the next municipal election following the
passage of this act.
Approved, March 11, 1885.
* Members of board of aldermen to serve for two years, Acts of 1901,
ch. 147.
NOTE.--Accepted at the municipal election held December 8, 1885.
Subject to
acceptance by
voters.
AMENDMENTS TO CHARTER.
ACTS OF 1901. CHAPTER 147.
.
AN ACT TO AMEND THE CHARTER OF THE CITY OF SPRING-
FIELD RELATIVE TO THE ELECTION OF
ALDERMEN AND COUNCILMEN.
Section.
Section.
1. Members of board of aldermen 3. Repeal.
to be elected for terms of two | 4. Act to take effect when ac-
years, alternately.
cepted.
2. Common council, elected for
two years; manner of election.
men elected.
Be it enacted, etc., as follows :-
SECTION 1. The board of aldermen of the city of Board of alder-
Springfield shall consist of one citizen of each ward
elected at large by the qualified voters of the city,
voting in their respective precincts as at present pro-
vided, and the candidate from each ward who receives
the highest number of votes shall be declared elected.
The aldermen hereafter elected shall serve for terms Term of two years.
of two years, except as hereinafter provided, from the
first Monday in January succeeding the annual munic-
ipal election at which they are chosen. At the annual
municipal election held next after this act takes effect
aldermen from wards one, three, five, and seven shall
be elected for terms of two years, and those from
wards two, four, six, and eight for terms of one year ;
and thereafter four aldermen shall be chosen at each
annual municipal election, according as the terms of
the several aldermen expire, the aldermen from wards
one, three, five, and seven and the aldermen from
wards two, four, six, and eight, respectively, being
elected in alternate years.
SECT. 2. The common council of the city of Spring- Common council.
field shall consist of eighteen members, apportioned
among the several wards according to the provisions
of the charter, and shall be elected from and by each
ward, and shall be residents of the wards from which
they are elected. The common councilmen hereafter Term of two years.
elected shall serve for terms of two years, except as
hereinafter provided, from the first Monday in Janu-
ary succeeding the annual municipal election at which
Elected in alter-
nate years.
AMENDMENTS TO CHARTER.
they are chosen. At the annual municipal election
held next after this act takes effect, in each ward which
is entitled to two common councilmen the candidate
receiving the highest number of votes cast for the
office of common councilman shall be declared elected
for the term of two years, and the candidate receiving
the next highest number of votes shall be declared
elected for the term of one year. In each ward which
is entitled to three common councilmen the two candi-
dates receiving respectively the highest and next to
the highest number of votes cast for that office shall
be declared elected for terms of two years, and the
candidate receiving the next highest number of votes
shall be declared elected for the term of one year. At
each annual municipal election thereafter one common
councilman shall be elected in each ward entitled to
two common councilmen, and one or two common
councilmen shall be elected in each ward entitled to
three common councilmen, according as the terms of
the several common councilmen expire.
SECT. 3. All parts of the charter of the city of
Springfield and amendments thereto inconsistent here-
with are hereby repealed.
SECT. 4. This act shall take effect upon its accept-
ance by a majority of the qualified voters of the city
of Springfield present and voting in their respective
precincts at the next municipal election following the
passage of this act.
Approved, March 13, 1901.
Manner of
election,
Repeal.
When to take
effect.
NOTE.--Accepted at the municipal election held Dec. 3, 1901.
SPECIAL STATUTES.
AN ACT REGULATING THE CONSTRUCTION OF WOODEN
BUILDINGS IN THE CITY OF SPRINGFIELD.
Section.
| Section.
1. City council to make regula- (2. Violations of ordinances, etc.
tions, etc.
Power of mayor and alder-
men. Proviso.
Be it enacted, etc., as follows:-
SECTION 1. The city council of the city of Spring- City council to
make regulations,
such regulations, ordinances, and by-laws, as they
may deem expedient concerning the erection, con-
struction, and placing of wooden buildings within the
limits of said city, for protection against fire, to estab-
lish districts within which wooden buildings, except of
a prescribed size, shall not be erected, and to prescribe
such penalties as they deem proper, for the violation of
any such regulations, ordinances, or by-laws.
SECT. 2. Any building hereafter erected, con- Violations of
ordinances, etc.
and aldermen.
by-laws, ordinances, or regulations, shall be deemed
and taken to be a common nuisance ; and the mayor
and aldermen shall have the like power and authority Power of mayor
to abate and remove the same, as is given to the board
of health in the eighth, ninth, and tenth sections of the
twenty-sixth chapter of the General Statutes : Pro- Proviso.
vided, that nothing in this section shall be construed as
affecting any remedy already given in the preceding
section.
Approved, April 6, 1861.
42
SPECIAL STATUTES.
ACTS OF 1863. CHAPTER 107.
AN ACT AUTHORIZING THE CITY OF SPRINGFIELD TO
CONSTRUCT CERTAIN DRAINS.
Section.
1. May construct not exceeding
three, from Garden brook to
Connecticut river.
2. Expense, how ascertained and
divided.
3. Aggrieved parties may apply
for jury. Cost of hearing,
how paid.
4. Expenses to be borne by estate
Section.
owners, to be assessed in two
months after adjustment.
Assessments to constitute
lien upon estate.
5. Landlord and tenant. Assess-
ors to determine division of
assessment.
6. Drains to be held as property
of city.
not exceeding
Garden brook to
Upon completion
city council to
of expense with
land owners.
Be it enacted, etc., as follows:-
May construct SECTION 1. The city council of the city of Springfield
three, from is hereby authorized to construct one or more, but not
Connecticut river. exceeding three drains, leading from suitable points on
Garden brook, in the central part of the city, to the
Connecticut river, for the purpose of protecting private
property and the streets of the city, from damage by
water during seasons of freshet.
SECT. 2. After the completion of any drain con-
determine division structed under the provisions of this act, the city coun-
cil shall, with the assistance of a competent engineer,
ascertain and determine the extent of territory bene-
fited thereby, and what portion of the expense thereof
shall be borne by the city, and what portion by the
Proviso. owners of real estate, but not less than one-third part
of the cost shall be borne by the city. A notice of such
Notice to be pub- determination shall be published for two weeks suc-
cessively, in the newspaper having the largest circula-
tion in the city.
Aggrieved parties SECT. 3. Any person aggrieved by the determina-
may apply for
jury.
tion of the city council, either as to the division of
expense between the city and the owners of real estate,
or as to the extent of territory over which it is proposed
to distribute that part of the expense to be assessed
upon owners of real estate benefited, may, at any time
within two months after the publication of the notice
Manner of appli- aforesaid, apply for a jury. Such application shall be
made in like manner, and the proceedings thereon shall
lished.
cation and
proceedings.
SPECIAL STATUTES.
43
sustained, council
anew.
the laying out and discontinuance of highways: Pro-
vided, that, upon making his application, the party shall
give two weeks' notice in writing to the mayor and
aldermen, of his intention so to apply, and shall therein
particularly specify his objections to the proposed divis-
ion of expense, and to the extent of territory over which
a portion of the expense is to be assessed ; to which
specification he shall be confined upon the hearing
before the jury.
If upon the hearing the objections to said determi- Cost of hearing,
how paid.
nation are not sustained, the charges arising on such
application shall be paid by the applicant, or person
recognizing therefor; otherwise they shall be paid by Objections being,
the city, and the city council may, if necessary, deter- may determine
mine anew the division of expense and the extent of
territory benefited by said drainage. Any person who Failure to apply
for jury to bar
neglects to make application for a jury, as herein pro- right of appeal
vided, shall be concluded by such determination of the
city council, and shall not be entitled to recover, by an
action at law or otherwise, the amount of the assess-
ment collected of him.
SECT. 4. After two months from the final determi- Expenses to be
nation of the city council, as to the division of expense owners to be
of any drain constructed under the provision of this months after
adjustment.
act, and the extent of territory benefited thereby, that
portion of the expense of said drain which is to be
borne by the owners of real estate within the district
adjudged to be benefited, shall be equitably and ratably
assessed upon such owners by the board of assessors of
the city, and shall be collected by the city collector.
The assessments so made shall constitute a lien upon Assessments to
from council.
borne by estate,
1
assessed in two
months after
constitute lien
may have remedy.
are a lien upon real estate, and shall be collected in the
manner provided by chapter twelve of the General
Statutes for the collection of taxes. But any person Aggrieved party
aggrieved by the amount assessed to him shall be enti-
tled to the remedies provided in sections forty-three,
forty-four, and forty-five of chapter eleven of the Gen-
eral Statutes.*
SECT. 5. When any real estate to be assessed under Landlord and
the provisions of this act is held by a tenant for life or
years, the assessors shall determine how much shall be Assessors to de-
assessed to the tenant, and how much to the landlord of assessment.
or reversioner, and shall assess the same accordingly.
tenant.
termine division
44
SPECIAL STATUTES.
Drains to be held
as property of
city.
SECT. 6. Any drain constructed under the provision
of this act shall be held to be the property of the city
of Springfield, to be used, controlled, maintained, and
repaired in the same manner as drains constructed
wholly at the expense of the city.
SECT. 4. This act shall take effect upon its passage.
Approved, March 24, 1863.
ACTS OF 1863. CHAPTER 192.
AN ACT CONCERNING SIDEWALKS IN THE CITY OF SPRING- .
FIELD.
Section.
Section.
1. City council may designate lim- | 2. Construction and alterations,
its and localities. Removal
council may determine.
of snow and ice.
City council may
designate limits
and localities.
Removal of snow
and ice.
Be it enacted, etc., as follows :-
SECTION 1. The city council of the city of Spring-
field may by joint resolution set apart such portion of
the public streets within its limits, as sidewalks, for
the accommodation of foot passengers, as public con-
venience requires ; and may, by ordinance or by-law,
compel owners or occupants of abutting lands to re-
move the snow and ice from such sidewalk in front of
their land.
Construction and
SECT. 2. The exercise of the power given in the
preceding section shall not prevent the said city coun:
cil from making any alteration in such sidewalks or
from compelling the owners of abutting lands to con-
struct said sidewalks of such materials as the public
good requires.
Approved, April 27, 1863.
alterations, coun-
cil may determine
SPECIAL STATUTES.
45
ACTS OF 1863. CHAPTER 204.
AN ACT CONCERNING THE RE-LOCATION OF STREETS AND
WAYS IN THE CITY OF SPRINGFIELD.
Section.
| Section,
1. City council may locate anew. | 2. Damages, how estimated and
paid.
locate anew.
Be it enacted, etc., as follows :-
SECTION 1. When the city council of the city of City council may
Springfield deem it necessary to locate anew a street
or way in said city, either for the purpose of establish-
ing the boundary lines of such street or way, erecting
monuments thereon, or of making alterations in the
course or width thereof, they may so locate such street
or way, giving notice, and proceeding in the manner
prescribed by law for laying out and establishing
streets or ways in said city.
SECT. 2. Any person sustaining damages in his Damage to be esti-
property by the location of a street or way, as provided
in the preceding section, shall have his compensation
ascertained and paid in accordance with the provisions
of the General Statutes in respect to the laying out,
altering, and discontinuing of streets and ways.
Approved, April 28, 1863.*
mated and paid.
* See Acts of 1866, ch. 174, page 48 post; 1867, chap. 94, page 51 post;
1872, ch. 334, and Revised Ordinances, ch. 34.
46
SPECIAL STATUTES.,
ACTS OF 1864. CHAPTER 142.
AN ACT TO INCORPORATE THE CITY'LIBRARY ASSOCIATION
OF SPRINGFIELD.
Corporators.
Section.
Section.
1. Corporators ; name; privileges. regulations. Grants and be-
2. Estate, real and personal.
quests.
3. Transfer of property. Rules and 4. City may aid corporation while
I citizens haye free access.
Be it enacted, etc., as follows :-
SECTION 1. John L. King, Chester W. Chapin,
George Bliss, James M. Thompson, Ephraim W. Bond,
and Homer Foot, and all persons who are now life
members of the present City Library Association of
Springfield, and their successors, are hereby made a
Name.
corporation by the name of “The City Library Asso-
ciation of Springfield,” for the purpose of establishing
and maintaining a social library, and a museum of
natural history and art, and for the diffusion of knowl-
edge, and the promotion of intellectual improvement
in the city of Springfield ; with all the powers and
Privileges.
privileges, and subject to all the duties and liabilities
set forth in the general laws which now are or may
hereafter be in force concerning corporations, so far
as applicable.
Estate, real and
SECT. 2. The said corporation may take and hold
real and personal estate, to an amount not exceeding
one hundred and fifty thousand dollars, exclusive of
books in its library, and collections of natural history
and works of art in its museum:*
Transfer of propa SECT. 3. All the property now owned by, or which
may accrue to, the present City Library Association of
Springfield, may be by it transferred to the corporation
hereby created. And the said corporation may take
and shall hold the same, and all real and personal estate,
and all moneys, books, pamphlets, curiosities, objects
of art, and natural history, which shall from time to
time be conveyed or given to it in any form, or be pur-
chased by it, in trust, for all the uses and purposes
* Increased to $600,000, Acts of 1901, ch. 95. Increased to $1,500,000,
Acts of 1902, ch. 155.
personal.
erty.
SPECIAL STATUTES.
lations.
quests.
proper and appropriate for a public and social library
and museum, the same to be used and enjoyed by the
inhabitants of Springfield, under such regulations, Rules and regu-
and upon such terms, and for such compensation as
may from time to time be prescribed by the by-laws of
the corporation. And any grants, donations, or bequests Grants and be-
made to it, shall be held and used under and in pursu-
ance of any conditions or rules prescribed in such
grants, donations, or bequests. And any bequests or
devises to the present City Library Association, and
contained in any will made before this act shall take
effect, shall inure to, and be enjoyed by, said corpora-
tion.
SECT. 4.* So long as said corporation shall allow the City may aid cor-
inhabitants of the city of Springfield free access to its citizens have free
library at reasonable hours for the purpose of using the
same on the premises, said city may appropriate and
pay annually towards defraying the expenses of main-
taining said library, a sum not exceeding fifty cents for
each of its ratable polls, in the year next preceding
that in which said appropriation is made.
Approved, April 8, 1864.
poration while
citizens have free
access.
* Sect. 4 amended, Acts of 1902, ch. 155.
48
SPECIAL STATUTES.
ACTS OF 1866. CHAPTER 174.
AN ACT CONCERNING THE LAYING OUT, ALTERING, WIDEN-
ING, AND IMPROVING THE STREETS OF BOSTON.*
Section.
Section.
1. Board of aldermen to have full tate, board may decide value
power.
and assess portion of expense.
2. Estimate of expense to include: 6. Assessments to constitute a
damages sustained by per-
lien.
sons, including land and 7. Party aggrieved may apply for
buildings.
a jury.
3. Damages how paid.
8. Abutter objecting to assess-
4. Buildings and materials to be ment may surrender estate,
removed by owner; or, upon with approval. of aldermen.
failure, by board of alder-
City may sell surplus prop-
men, who may sell.
erty.
5. Benefit accruing to abutting es- | 9. Term "street" defined.
| 10. Construction of act.
Be it enacted, etc., as follows:-
Board of aldermen SECTION 1. The board of aldermen of the city of
to have full power. D
Boston shall continue to have full power and authority
to lay out, widen, discontinue, change the grade of, or
otherwise alter any street within said city, and for
these purposes may take any land, and may remove
the whole or part of any building, which in their judg-
ment it may be necessary to take and remove, and may
assess upon the estates abutting on any street which
may be laid out, such portion of the expense of such
laying out, widening, discontinuance, change of grade
or other alteration, including all damages sustained by
any person or persons thereby, as is hereinafter pro-
vided ; and their determination so to do shall be adju-
dicated in the same manner, and upon like notice to
parties interested, as is provided by law in other cases
of laying out, widening, discontinuance, change of
grade, or other alteration of streets.
SECT. 2. In making an estimate of the expense, for
pense, what to
said purposes for which an assessment as herein pro-
vided is to be laid, all damages sustained by any person
or persons shall be estimated, including damages for
land and buildings taken, and including the value of
Estimate of ex-
include.
* For act extending provisions of this act to Springfield, see Acts of
1867, ch. 94, page 51 post. Such portions of this act as have not been
repealed are now incorporated in R. L., ch. 48, sect. 16, and ch. 50.
SPECIAL STATUTES.
how estimated.
terial to be re-
or, upon failure.
men, who may
the whole of the buildings on the land, any part of
which shall be so taken, deducting therefrom, however,
the value of the materials to be removed, and of the
buildings or parts of buildings, if any, which will
remain standing; and in estimating the value of the Value of land,
land cut off for said purposes, the land so cut off shall
be estimated at its value before the laying out, widen-
ing, discontinuance, change of grade, or other altera-
tion, and such estimate shall not include the increased
value occasioned merely by such laying out, widening,
discontinuance, change of grade, or other alteration.
SECT. 3. The damages estimated according to the Damages, how
paid.
preceding section shall be paid to the persons entitled
thereto, in the same manner, and upon the same con-
ditions, as is provided by law in other cases of laying
out, widening, discontinuance, change of grade, or
other alteration of streets.
SECT. 4. Buildings and materials remaining upon Buildings and ma-
the land under the adjudication provided in section moved by owner;
two, shall be taken care of by the owner thereof; and by board of alder-
if such owner, after due notice by said board of alder- sell.'
men, neglects or fails so to do, said board of aldermen
may take such care of the same as the public safety
demands, at the expense of the owner, and if they shall
adjudge a removal thereof to be necessary for the pub-
lic security or necessity, they may remove the same
at the expense of the owner, or they may sell the same
after five days' notice, at public auction, and hold the
net proceeds of such sale for the benefit of the owner.
SECT. 5. Whenever in the opinion of the board of Benefit accruing
aldermen any estate abutting on any street which board may decide
may be laid out, widened, discontinued, graded, or
altered by said board under this act, including the pen
estate so cut off, shall receive any benefit and advan-
tage from such laying out, widening, discontinuance,
change of grade, or other alteration, then the said
board may adjudge and determine the value of such
benefit and advantage to any such estate, and may
assess upon the same a portion of the expense of any
such laying out, widening, discontinuance, change of
grade, or other alteration, including the damages men-
tioned in the second section of this act, but not exceed-
ing in amount one half the amount of such adjudged
benefit and advantage.
SECT. 6. All assessments made under this act shall Assessments to
constitute a lien upon the real estate so assessed, to be
to abutting estate,
value and assess
portion of ex-
constitute a lien.
SPECIAL STATUTES.
Upon notice to
aldermen, assess,
ment may be
apportioned into
three parts.
enforced in the same manner, with like charges for
costs and interest, as is provided by law for the collec-
tion of taxes. And if the owner of any estate so
assessed desires to have the amount of said assessment
apportioned, he shall give notice thereof in writing to
the board of aldermen, at any time before a demand is
made upon him for the payment thereof; and said
board shall thereupon apportion the said amount into
three equal parts, which apportionment shall be certi-
fied to the assessors, and the said assessors shall add
one of said equal parts to the annual tax of said estate
each year for the three years next ensuing.
Party aggrieved' SECT. 9. Any party aggrieved by the doings of the
may have jury.
board of aldermen, under this act, shall have the like
remedy by petition, for a jury or otherwise, and with
the same limitations as to the time of bringing such
petition, as in other cases of laying out, widening, dis-
continuance, change of grade, or other alteration of
streets in the county of Suffolk. And any person
Party aggrieved aggrieved by the estimate made by the board of alder-
under 8th section
may have jury.
men, under the eighth section of this act, may have the
same assessed by a jury in the same manner as dam-
ages for the taking of land for streets and highways
may be assessed.
SECT, 8. Any person owning any estate abutting on
any street which may be laid out, widened, discon-
tinued, graded, or altered, and liable to assessment
under this act, may, at any time before the estimate of
damages is made under the second section of this act,
give notice in writing to said board of aldermen that he
objects to such assessment, and elects to surrender his
said estate to the city of Boston, and if said board of
aldermen shall then adjudge that public convenience
and necessity require the taking of such estate, that
such improvements may be made, they shall have full
authority, and may take the whole of the abutting
estate of such person so objecting, and shall thereupon
estimate the value thereof with all the improvements
thereon, excluding the benefit or advantage which has
accrued from the said laying out, widening, discontin-
uance, change of grade, or other alteration; and the
said owner shall convey the same to the said city, and
the said city shall pay him therefor the value so esti-
City may sell sur- mated. Said city may sell all the building materials
plus property and buildings, and the remaining portion of said estate
not used in said widening, grading, and improvements,
Abutter object-
ing to assessment
may surrender
estate with ap-
proval of alder-
men.
SPECIAL STATUTES.
51
defined.
and apply the net proceeds thereof towards the esti-
mated value paid as aforesaid.
SECT. 9. The term “street” in this act shall be Term “ street"
construed to include highways, town ways, courts,
lanes, and alleys.
SECT. 10. This act shall not be construed as repeal- Construction of
ing any existing laws relating to the laying out, widen-
ing, discontinuance, change of grade, or other altera-
tion of streets and highways.
Approved, April 23, 1866.
act.
ACTS OF 1867. CHAPTER 94.
AN ACT CONCERNING THE LAYING OUT, ALTERING, WIDEN-
ING, AND IMPROVING THE STREETS OF SPRINGFIELD.
Section.
Section.
1. Act of 1866, concerning streets | 2. Shall apply when accepted by
in Boston, extended to
two-thirds of the city council.
Springfield.
Be it enacted, etc., as follows :-
SECTION 1. The provisions of chapter one hundred Act of 1866 con.
cerning streets in
and seventy-four of the acts of the year eighteen hun- Boston, extended
to Springfield.
dred and sixty-six, entitled, “ An act concerning the
laying out, altering, widening, and improving the
streets of Boston,” are hereby extended and made ap-
plicable to the city of Springfield.*
SECT. 2. This act shall take effect whenever the Shall apply when
same is accepted by the city council of said city of thirds of city
Springfield, by a two-thirds vote of each branch thereof.
Approved, March 23, 1867.
* Ch. 174 of Acts of 1866 referred to, will be found ante, page 48.
NOTE.—The foregoing act was accepted by the city council by a two-
thirds vote of each branch thereof, June 17, 1867. This act is partially
superseded by ch. 334 of Acts of 1872, embodied in Revised Ordinances,
chapter 34, post.
accepted by two
council.
52
SPECIAL STATUTES.
ACTS OF 1872. CHAPTER 243.
AN ACT FOR THE PREVENTION OF FIRES IN CITIES AND
TOWNS.
Section.
1. Cities may regulate the con-
struction of buildings.
2. Ordinances may be operative
upon the whole or part of
city.
Section.
3. Court may issue injunction
to restrain erection, etc., of
building contrary to ordi-
nance.
4. Act subject to adoption. Not
to apply to Boston.
ces
late the construc-
Ordinances may
be in operation
upon whole or
part of city.
Be it enacted, etc., as follows :-
Cities may regu- SECTION 1. Cities and towns may, by ordinances
tion of buildings. and by-laws not repugnant to the laws of the Common-
wealth, prescribe rules and regulations for the inspec-
tion, materials, construction, alteration, and safe use of
buildings and structures within their respective limits
not owned or occupied by the United States, or the
Commonwealth, and excepting bridges, quays, and
wharves, for the purpose of securing the prevention of
fire, and the preservation of life ; and may prescribe
penalties not exceeding one hundred dollars for each
and every violation of any provision of such ordi-
nances or by-laws.
SECT. 2. Such ordinances and by-laws may be made
operative upon and within the whole territory of any
city or town, or upon and within any prescribed and
defined district or districts of such territory.
Court may issue SECT. 3. The Supreme Judicial Court, or any justice
restrain erection, thereof, in term time or vacation, may, by injunction
etc., of building
or other suitable process in equity, restrain any person
or corporation from constructing, altering, maintain-
ing, or using any building or structure contrary to or
in violation of any lawful ordinance or by-law made
under or by virtue of this act, and may order and
enforce the removal or abatement as a nuisance,
of any building or structure, constructed, altered,
maintained, or used in violation of such ordinance or
by-law.
SECT, 4. This act shall not be in force in any city
adoption.
or town unless the city council, or the inhabitants of
injunction to
contrary to
ordinance.
Subject to
SPECIAL STATUTES.
Boston.
the town, shall by legal vote decide to adopt the same, Not to apply to
and it shall not apply to the city of Boston.
SECT. 5. This act shall take effect upon its passage.
Approved, April 23, 1872.
NOTE.-This act was adopted by the city council, May 27, 1872.
ACTS OF 1878. CHAPTER 97.
AN ACT RELATIVE TO THE BOARD OF OVERSEERS OF THE
POOR OF THE CITY OF SPRINGFIELD.
City physician to
overseers of the
Section.
1. City Physician to be one of the overseers of the poor.
Be it enacted, etc., as follows :-
SECTION 1. The city physician of the city of Spring- be one of the
field shall be, ex officio, a member of the board of poers
overseers of the poor of said city, and shall be duly
sworn to the faithful discharge of his duties as such
member.
SECT. 2. This act shall take effect upon its passage.
Approved, March 29, 1878.
SPECIAL STATUTES.
ACTS OF 1880. CHAPTER 30.
AN ACT RELATING TO THE BOARD OF WATER COMMISSION-
ERS OF THE CITY OF SPRINGFIELD.
Section.
Section.
1. Board of water commissioners 3. Clerk of the board.
of Springfield abolished. 4. Mode of collecting water rents
2. New board of water commis-
may be prescribed by city
sioners established; one ordinance.
member to be elected an- | 5. Repeal.
nually in January ; vacancy ; 16. Subject to acceptance by city
proviso.
council.
Board of water
commissioners of
Springfield
abolished.
New board of
water com-
missioners
established.
Be it enacted, etc., as follows :-
SECTION 1. The board of water commissioners of
the city of Springfield, established by chapter, three
hundred and forty-five of the acts of the year
eighteen hundred and seventy-two, and chapter
seventy-five of the acts of the year eighteen hundred
and seventy-three in amendment thereof, is hereby
abolished.
SECT. 2. As soon as practicable after the passage
of this act, the city council of said city shall elect by
ballot in joint convention two citizens thereof, 'one
for the term of one year, and one for the term of two
years, from February first in the year eighteen hun-
dred and eighty, as water commissioners, who, with
the mayor as an ex officio member, shall constitute
the board of water commissioners of said city of
Springfield, with all the rights, powers, and duties of
the board abolished by this act, except as hereinafter
One member to be provided. And hereafter said city council shall
annually in the month of January elect by ballot in
joint convention one citizen as a member of said board
for the term of two years from the succeeding first day
of February. In case any citizen so elected shall die,
resign, or become disqualified during his term of office,
said city council shall, as soon as may be, elect by
ballot in joint convention a citizen to fill the vacancy
Proviso.
for the unexpired term only : provided, however, that
no member of the city council shall be eligible to elec-
tion as water commissioner.
elected annually
in January
Vacancy.
SPECIAL STATUTES.
55
board.
SECT. 3. The city engineer of said city shall be ex Clerk of the
officio clerk of said board, and as such shall keep a
true and accurate record of the doings thereof, and
shall be duly sworn to the faithful performance of his
duties.
SECT. 4. Said city may, by ordinance, prescribe the Mode of collect-
ing water rents
scribed by city
1
department, and of accounting for the same to the city
treasurer; and of the payment of all bills contracted
by said department. The city auditor shall have free
access to and audit all books and accounts of said
board. The annual report of said board shall be
addressed to the city council, and printed in the mu-
nicipal register.
SECT. 5. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed.
SECT. 6. This act shall take effect on being ac- Subject to accept-
cepted by a two-thirds vote of each branch of the city council."
council of said city. But the water commissioners
then in office shall continue to hold office until commis-
sioners shall be elected under this act.
Approved, February 20, 1880.
Note-This act was accepted March 15, 1880. For amendment, see
Acts of 1888, chapter 136, post.
ance by city
56
SPECIAL STATUTES.
ACTS OF 1882. CHAPTER 154.
AN ACT AUTHORIZING TOWNS AND CITIES TO LAY OUT
PUBLIC PARKS WITHIN THEIR LIMITS. *
3.
Section.
Section.
1. Cities and towns may lay out 7. Assessments for betterments.
public parks. Commission-
Proviso.
ers to be appointed.
8. May raise money subject to
2. Vacancies. To serve without
law limiting municipal in-
compensation.
debtedness.
Powers and duties. No ex- 9. “Public Park Loan."
pense to be incurred until an
| 10. Land to be forever maintained
appropriation is made by a
as a public park.
two-thirds vote. Taking land
11. Military encampment, etc., not
not valid until accepted by
permitted without consent
town.
of board.
4. Description of land taken to be
12.
recorded in registry of deeds.
Annual reports.
5. Determination of damages.
13. When to take effect.
6. Fee of land to be vested in city
14. Second meeting not to be
called within twelve months
or town.
from the first.
parks.
Be it enacted, etc., as follows :-
Cities and towns SECTION 1. Any town in this Commonwealth which
may lay out public
accepts the provisions of this act in the manner herein-
after prescribed may, at a legal meeting called for the
purpose, elect three competent persons who shall con-
stitute a board of park commissioners for such town,
and may prescribe their terms of office; and the mayor
of any city which in such manner accepts said provi-
sions may, with the approval of the city council, as
soon as may be after such acceptance, appoint five
competent persons who shall constitute a board of park
commissioners for such city, and who shall hold their
offices until the expiration of terms of one, two, three,
four, and five years respectively, from the first Mon-
day in May next following such appointment; and the
Commissioners to mayor shall, before the first Monday in May in each
be appointed.
year thereafter, with like approval appoint one such
commissioner to continue in office for five years from
the expiration of the term of the commissioner then
next outgoing. . No person shall be such commissioner
who is at the same time a selectman, or other officer of
* The provisions of this statute are now incorporated in R. L., ch. 28.
SPECIAL STATUTES.
To serve without
0
such town, or a member of the city council, clerk or
treasurer of such city ; and any such commissioner
may be removed by a vote of two-thirds of the legal
voters of such town, at a legal town meeting called
for the purpose, or by a concurrent vote of two-thirds
of the whole of each branch of such city council.
SECT. 2. Any vacancy occurring in such board Vacancies.
shall be filled for the residue of the term of the com-
missioner whose place is to be filled in the manner in
which such commissioner was originally appointed. compensation.
Such commissioners shall serve without compensa-
tion.
SECT. 3. Such boards of park commissioners shall Powers and
have power to locate within the limits of their respec-
tive towns or cities a public park or parks, and for that
purpose from time to time to take in fee by purchase,
gift, devise, or otherwise, any and all such lands as
they may deem desirable therefor, or to take bonds for
the conveyance thereof to their respective towns or
cities; to lay out and improve any such park or parks ;
to make rules for the use and government thereof, and
for breaches of such rules to affix penalties not exceed-
ing twenty dollars for one offense, to be imposed by
any court of competent jurisdiction; to appoint all
necessary engineers, surveyors, clerks, and other offi-
cers, including a police force to act in such parks; to
define the powers and duties of such officers and fix
the amount of their compensation; and generally to
do all acts needful for the proper execution of the
powers and duties granted to or imposed upon such
town or city or upon such boards by this act : provided, No expense to be
however, that no land shall be taken, or any other appropriation is
thing involving an expenditure of money be done thirds vote.
under this act until an appropriation sufficient to cover
the estimated expense thereof shall in a town have
been made by a vote of two-thirds of the legal voters
present and voting in a legal town meeting called for
the purpose, or in a city by a vote of two-thirds of each
branch of the city council; and such expenditures
shall in no case exceed the appropriations made there-
for, and all contracts made for expenditures beyond
the amount of such appropriations shall be void ; pro-
vided, further, that in a town no taking of land other- Taking land not
wise than by purchase shall be valid unless such taking cepted by town.
is reported to the town, filed, accepted, and allowed, as
provided by section seventy-one of chapter forty-nine
duties.
incurred until an
made by a two-
valid until ac-
SPECIAL STATUTES.
Description of
land taken to be
try of deeds.
damages.
of the Public Statutes in the case of laying out town
ways.
SECT. 4. Such board shall, within sixty days after
recorded in regis- the taking of any land under this act, file and cause to
be recorded in the registry of deeds for the county or
district in which any land so 'taken is situated a
description thereof sufficiently accurate for identifying
the same.
Determination of SECT. 5. Such boards shall respectively estimate
and determine all damages sustained by any person by
the taking of land or by other acts of such boards in
the execution of the powers vested in them respectively
by this act; but a person aggrieved by any such deter-
mination of the board may have his damages assessed
by a jury of the superior court in the same manner as
is provided by law with respect to damages sustained
by reason of the laying out of ways. If upon trial,
damages are increased beyond the award, the party in
whose favor the award was made shall recover his
costs; otherwise he shall pay costs; and costs shall be
taxed as in civil cases.
Fee of land to be
vested in city or
town.
by such boards in any town or city for a park under
this act shall vest in the town or city in which such
park is laid out; and such town or city shall be liable
to pay all damages assessed or determined, as provided
in the preceding section, and all other costs and ex-
penses incurred by its board of park commissioners in
the execution of the powers vested in such board by
this act. Any town or city shall also be authorized to
take and hold in trust or otherwise, any devise, grant,
gift, or bequest that may be made for the purpose of
laying out, improving, or ornamenting any park or
parks therein.
SECT. %. The boards of park commissioners in their
respective towns and cities shall have the same author-
ity to determine the value of, and assess upon real
estate the amount of, betterments accruing to said real
estate by the locating and laying out of a park or
parks under this act, that is conferred by chapter fifty-
one of the Public Statutes upon boards of city or
town officers authorized to lay out streets or ways; and
Assessments for
betterments.
relating to ways, shall apply to such assessments by
boards of park commissioners in respect to the location
and laying out of parks as aforesaid : provided, how-
Proviso.
SPECIAL STATUTES.
Loan."
ever, that no assessment shall be laid upon any real
estate except such as abuts upon the park from the lay-
ing out of which the betterment accrues, or upon a
street or way bounded by such park.
SECT. 8. Any town or city in which a public park May raise money
y subject to law
is laid out under this act may raise, appropriate, and limiting munici-
expend such sums of money as may be deemed best for
the purchase and improvement of such park or parks,
subject to the laws of this Commonwealth limiting
municipal indebtedness.
. SECT. 9. For the purpose of defraying the expenses “Public Park
incurred under the provisions of this act, the city coun-
cil of any city shall have authority to issue from time
to time, and to an amount not exceeding the sum ac-
tually expended for the purchase or taking of lands for
a park or parks, bonds or certificates of debt, to be
denominated on the face thereof the "Public Park
Loan,” and to bear interest at such rates and to be pay-
able at such times as said city council may determine.,
For the redemption of such loan, such city council shall
establish a sinking fund sufficient, with the accumulat-
ing interest, to provide for the payment of such loan at
maturity. All amounts received for betterments shall.
be paid into such sinking fund until such fund shall
amount to a sum sufficient with its accumulations to
pay at maturity the bonds for the security of which the
fund was established.
SECT. 10. All lands taken or held under this act Land to be forever
shall be forever kept open and maintained as a public public park.
park or parks. No building covering more than six
hundred square feet shall be placed or allowed to
remain on any such park; and no street or way, and
no steam or horse railroad, shall be laid out over any
portion of a park located under this act, except at such
places and in such manner as the board of park com-
missioners shall approve.
SECT. 11. No military encampment, parade, drill, Military encamp-
review, or other military evolution or exercise shall be permitted without
held or performed on any park laid out as aforesaid
except with the consent of such board, nor shall any
military body without such consent enter or move .
in military order within such park, except in case of
riot, insurrection, rebellion, or war.
SECT. 12. All such boards of park commissioners Annual reports.
shall make reports of their respective doings, including:
detailed statements of all receipts, expenditures, and
Land to be forever
maintained as a
ment, etc., not
consent of board.
SPECIAL STATUTES.
When to take
effect.
liabilities for the preceding year ; such reports to be
made in towns at the annual town meetings, and at
such other times as the town may direct, and in cities
to the city council annually in the month of De-
cember.
SECT. 13, This act shall not take full effect in any
town or city unless accepted by a majority of the legal
voters of such town or city present and voting thereon
by ballot and using the check list, at a meeting or
meetings notice whereof has been duly given at least
seven days beforehand. Such ballots shall be “yes”
or “no” in answer to the question, “Shall an act
passed by the legislature of the Commonwealth in the
year eighteen hundred and eighty-two, entitled 'An
act authorizing towns and cities to lay out public parks
within their limits,' be accepted ?” In a town such
meetings shall be called and notified in the manner in
which meetings for the election of town officers are
called and notified ; and in a city meetings to act
thereon shall be held at one time in the usual voting
places of the city, on such days as shall be designated
by the board of aldermen at any regular meeting, and
shall be called and notified by the board of aldermen in
the manner in which meetings for the election of mu-
nicipal officers are called and notified. The ballots cast
shall be assorted, counted, and public declaration made
thereof in open town or ward meeting, and the number
of ballots respectively cast shall be registered in the
town or ward records as the case may be. The clerk
of each ward in a city shall, within forty-eight hours
of the close of the polls, make return to the board of
aldermen of the number of ballots cast in his ward in
favor of the acceptance of this act, and of the number
cast against its acceptance. The selectmen and town
clerk of a town and the board of aldermen of a city in
which such meeting or meetings are held shall certify,
as soon as may be thereafter, to the secretary of the
Commonwealth, the whole number of ballots cast in
favor of the acceptance of this act, and the whole num-
ber cast against its acceptance; and if it shall appear
that a majority of the ballots have been cast in favor
of acceptance, the said secretary shall immediately
issue and publish his certificate declaring this act to
have been duly accepted by such town or city.
SECT. 14. No second meeting for the purpose of
voting upon the question of accepting this act shall be
Second meeting
not to be called
within
SPECIAL STATUTES.
from the first.
called within twelve months from the first, unless the twelve months
first meeting shall have failed through illegality or
irregularity in the proceedings.
SECT. 15. This act shall take effect upon its passage,
Approved, April 13, 1882.
Note.-This act was accepted by the city of Springfield at a special
election held May 28, 1883.
ACTS OF 1883. CHAPTER 25.
AN ACT PROVIDING THAT THE MAYOR OF THE CITY OF
SPRINGFIELD SHALL BE EX OFFICIO A MEMBER AND
CHAIRMAN OF THE SCHOOL COMMITTEE.
Section.
1. Mayor to be member and chairman of school committee.
ber and chairman
Be it enacted, etc., as follows:-
SECTION 1. The mayor of the city of Springfield Mayor to be mem-
shall be ex officio a member and chairman of the school of school com-
committee of said city.
SECT. 2. This act shall take effect upon its passage.
Approved, March 3, 1883.
mittee.
SPECIAL STATUTES.
ACTS OF 1883. CHAPTER 130.
AN ACT TO RELIEVE THE CITY OF SPRINGFIELD AND THE
TOWNS OF WEST SPRINGFIELD AND AGAWAM FROM
CERTAIN FORFEITURES.
Section.
1. Relieved from certain forfeitures.
Relieved from
forfeitures for
not posting
Be it enacted, etc., as follows :-
SECTION 1. The city of Springfield, the towns of
West Springfield and Agawam, are relieved from all
notices on bridges forfeitures that may have been heretofore incurred by
over Conn. river.
reason of non-compliance with the provisions of section
twenty-six of chapter fifty-three of the Public Statutes.
SECT. 2. This act shall take effect upon its passage.
Approved, April 18, 1883..
SPECIAL STATUTES.
63
ACTS OF 1887. CHAPTER 54.
AN ACT PROVIDING FOR THE REGISTRATION AND LICENS-
ING OF PLUMBERS IN THE CITY OF SPRINGFIELD.
TTT
Section.
1. City of Springfield may require
plumbers to be licensed.
| Section.
2. Penalties.
Be it enacted, etc., as follows:-
SECTION 1. The city of Springfield may by ordinance City of Spring-
field may require
require the registration and licensing of all persons plumbers to be
doing or carrying on the business of plumbing in said
licensed.
rials, construction, alteration, and inspection of all
pipes, tanks, faucets, valves, and other fixtures by and
through which water or sewage is used and carried,
and provide that no such pipes, tanks, faucets, valves,
or other fixtures shall be placed in any building in said
city except in accordance with plans which shall be
approved by the board of health of said city, or such
person or persons as said board of health shall desig-
nate.
SECT. 2. The said city may impose penalties not Penalties.
exceeding fifty dollars for each violation of any of the
provisions contained in section one of this act.
SECT. 3. This act shall take effect upon its passage.
Approved, March 9, 1887.
SPECIAL STATUTES.
ACTS OF 1888. CHAPTER 136.
AN ACT TO AMEND AN ACT RELATING TO THE BOARD OF
WATER COMMISSIONERS OF THE CITY OF SPRINGFIELD.
Section,
1 The board of water commissioners to elect a clerk.
The board of
water commis-
sioners to elect a
clerk.
Be it enacted, etc., as follows:-
SECTION 1. Section three of chapter thirty of the
acts of the year eighteen hundred and eighty is hereby
amended by striking out at the beginning of said sec-
tion the words, “ The city engineer of said city shall be
ex officio clerk of said board, and as such,” and insert-
ing in lieu thereof the words : Said board of water
commissioners shall elect a clerk who,— so that the
section as amended shall read as follows: Said board
of water commissioners shall elect a clerk who shall
keep a true and accurate record of the doings thereof,
and who shall be duly sworn to the faithful perform
ance of his duties.
SECT. 2. This act shall take effect upon its passage.
Approved, March 16, 1888.
SPECIAL STATUTES.
ACTS OF 1890. CHAPTER 74.
AN ACT IN RELATION TO THE PRESERVATION OF PUBLIC
HEALTH IN CITIES.*
Section,
1. Location of privy vaults in
cities regulated.
Section.
2. To take effect.
vaults in cities
Be it enacted, etc., as follows:-
SECTION. 1. No privy vault shall be established in a Location of privy
city which accepts this act, either upon premises situ- regulated.
ated on a public or private street, court, or passage way
where there is a public sewer opposite thereto, or upon
premises connected with a public or private sewer,
without permission in writing first obtained from the
board of health of such city. And whenever there is
in such city a privy vault so situated which, in the
opinion of the board of health of such city, is injurious
to the public health, said board shall declare the same
to be a nuisance, and forbid its continuance, and sec-
tions twenty-one to twenty-three, inclusive, of chapter
eighty of the Public Statutes shall apply to such nui-
sances so declared.
SECT. 2. This act shall take effect in any city of To take effect.
the Commonwealth when accepted by the city council
thereof.
Approved, March 6, 1890.
* The provisions of this statute are incorporated in R. L., ch. 75,
sect. 70.
NOTE.—This act was accepted by the city council, Sept. 15, 1890.
SPECIAL STATUTES.
ACTS OF 1890. CHAPTER 356.
AN ACT TO ANNEX A PART OF THE TOWN OF LONGMEADOW
TO THE CITY OF SPRINGFIELD.
Section.
1. Part of the town of Long-
meadow annexed to the city
of Springfield.
2. Payment of taxes.
Section,
3. Election of state and county
officers, etc.
4. Settlement of paupers.
| 5. Public park.
annexed to the
city of Spring-
field.
Be it enacted, etc., as follows:-
Part of the town · SECTION 1. So much of the town of Longmeadow
annexed to the in the county of Hampden as lies between the present
boundary line between said town and the city of
Springfield in said county, and the following line, to
wit: Beginning on said boundary line at a granite
boundary line monument located at or near the east-
erly side of Warriner's Pecowsic path ; thence running
southwesterly in a direct line to a granite boundary
line monument on the northerly side of the Stickney
road at that point on said road where it turns south
after running southeasterly from the main road from
said Springfield to Longmeadow street; thence running
northwesterly to a granite boundary line monument
on the easterly line of said road to Longmeadow street,
and at or near the intersection thereof by the northerly
side of said Stickney road, and thence, in the same line
continued, to the Connecticut river; with all of the
inhabitants and estates therein, is hereby set off from
said town, and annexed to and made a part of the said
city of Springfield, and shall constitute a part of the
sixth ward thereof until a new division of the wards of
said city is made.
taxes. SECT. 2. The inhabitants and estates within the
territory above described, and the owners of said estates,
shall continue liable to pay to said town all taxes
remaining uncollected and legally assessed upon them,
and all taxes that may be assessed by said town for the
current year; and all of said taxes shall be collected
and paid to said town the same as if this act had not
been passed. Until the next state valuation, the city
of Springfield shall, annually after the current year, on
Payment of taxes.
1
SPECIAL STATUTES.
67
or before the month of November, pay to said town the,
proportionate part of the state and county tax assessed
upon said town which the valuation of the part set off
bears to the valuation of the town, according to the
valuation made by the assessors of the town in the
year eighteen hundred and eighty-nine.
SECT. 3. Until a new apportionment of representa- Election of state
and county offi-
described in the first section hereof shall, for the pur-
pose of electing state and county officers, members of
the executive council, senators and representatives to
the general court, electors of president and vice-presi-
dent of the United States and representatives to con-
gress, remain and continue to be a part of said town;
and the inhabitants resident therein qualified to vote
shall be entitled to vote for said officers, and shall be
eligible to the office of representative to the general
court from the senatorial and representative districts
of which said territory now forms a part, and shall
vote at the place or places at which the inhabitants of
said territory would have voted had this act not been
SECT. 4. If any person or persons who have hereto- Settlement of
fore gained a legal settlement in said town by reason par
of residence in said territory set off as aforesaid, or by
having been proprietors of any part thereof, or who
may derive such settlement from any such residence
or proprietorship, shall come to want and stand in
need of relief, aid, and support as paupers, they shall
be relieved and supported by said city in the same
manner that they would have been by said town, had
they gained a legal settlement therein.
SECT. 5. The park commissioners of said city shall, Public park.
within three years after said city shall have acquired
for purposes of a public park, a sufficient title to any
part of the Barney estate, so called, lying within said
annexed territory, construct within said annexed ter-
ritory, for light driving only, a park road not less than
twenty feet wide and of such grades as said commis-
sioners may deem proper, and running in such courses
not unreasonably circuitous for a park road as said
commissioners may determine, and extending from
Long Hill street near the Linus Dickinson homestead to
some convenient point on said Stickney road. Said
park road shall not be a public way within the mean-
ing of the statutes of this Commonwealth relating to
SPECIAL STATUTES.
public ways, but shall be governed by the public park
laws thereof, and shall be maintained by said commis-
sioners in such manner as they may determine to be
consistent with the improvement and maintenance of
said territory for park purposes. The inhabitants of
said town may, under the rules of said commissioners,
use said road with the same rights that the citizens of
said Springfield shall have to use the same, but said
road shall not at any time be closed for said light driv-
ing by gates or bars, or by any rule or regulation of
said park commissioners, except as shall be necessary
for the ordinary repair thereof.
SECT. 6. This act shall take effect upon its passage.
Approved, June 2, 1890.
ACTS OF 1893. CHAPTER 97.
AN ACT IN RELATION TO THE ESTABLISHMENT AND MAIN-
TENANCE OF THE FIRE DEPARTMENT OF THE CITY OF
SPRINGFIELD.
Section.
1. City council to have power to prescribe manner of conducting fire
department. May delegate powers to a board.
City council to
prescribe mauner
of conducting
fire department.
Be it enacted, etc., as follows:-
SECTION 1. The powers and duties conferred by the
provisions of chapter one hundred and seventy-five of
the acts of the year eighteen hundred and fifty-three,
upon the city council of the city of Springfield and the
mayor and aldermen thereof, in relation to the estab-
lishment and maintenance of a fire department, may
be exercised and carried into effect by said city council
in such manner as it may from time to time prescribe,
and wholly or in part through the agency of any per-
erd. sons acting as a board whom it may from time to time
designate, and with such limitation of power as said
city council may by ordinance direct. Such persons
shall serve without compensation.
SECT. 2. This act shall take effect upon its passage.
Approved, March 17, 1893.
May delegate
powers to a board.
SPECIAL STATUTES.
69
ACTS OF 1893. CHAPTER 301.
AN ACT TO ESTABLISH A RIVER LINE ALONG THE BANK
OF THE CONNECTICUT RIVER AT SPRINGFIELD.
Section.
1. River line established.
Section.
2. No structure or filling to be
done without license.
established,
Be it enacted, etc., as follows :
SECTION 1. No wharf, pier, wall, filling or other River line
structure or work shall ever hereafter be built or ex-
tended in the Connecticut river at Springfield beyond
the river line herein described, except that the city of
Springfield may, upon license from the board of harbor
and land commissioners, extend sewer outfalls beyond
said line. Said river line is hereby established as fol-
lows :-Beginning at a point marked A, in the bound-
ary line between the cities of Chicopee and Springfield
and one hundred and eighty feet southwesterly from
the stone monument in said line on the easterly line of
Plainfield street; thence running southerly on the arc
of a circle with a radius of thirty-two hundred feet,
following the general trend of the shore of the river,
to the northerly line of a private street called Rowland
avenue extended to a point marked B, twelve hundred
and forty-six feet southwesterly from the intersection
of the northerly line of Rowland avenue and the west-
erly line of Plainfield street; thence running south-
easterly by a straight line tangent at the point B, to
the carved line A-B, seven hundred and eighty-four
feet, to a point marked C; thence running southeast-
erly on an arc of a circle, curving easterly, with a
radius of fourteen hundred feet tangent at the point C,
to the line BC, five hundred and eighty-seven feet, to
a point marked D; thence running southeasterly by a
straight line about sixteen hundred and fifty-eight feet,
to the southerly line of Lowell street extended to a
point marked E, fourteen hundred and eighty-two feet
southwesterly from the intersection of the southerly
line of Lowell street and the westerly line of Plainfield
street; thence running southeasterly by a straight line
SPECIAL STATUTES:
about nine hundred and five feet, to the northerly line
of West street extended to a point marked F, twelve
hundred and fifty-six feet southwesterly from the in-
tersection of the northwesterly line of West street and
the westerly line of Plainfield street; thence running
southeasterly on the arc of a circle, curving easterly,
with a radius of fifty-two hundred and sixty-five feet
tangent at F, with the line F-E, nineteen hundred and
seventy-six feet, to a point marked G; thence running
southeasterly by a straight line about twenty-three
hundred and eighteen feet to the northwesterly side
line of Cypress street extended at a point marked H,
four hundred and five feet southwesterly from the in-
tersection of the northeasterly line of Fulton street
and the northwesterly line of Cypress street; thence
running southeasterly about five hundred and seventy
feet, to a point marked I, at the southerly corner of
the abutment at the Springfield end of the Boston and
Albany Railroad Company's bridge over the Connecti-
cut river; thence continuing southeasterly, a little
more southerly, parallel with the face of the river wall
of the New York, New Haven and Hartford Railroad
Company, three hundred and forty feet, to a point
marked J; thence continuing southeasterly, a little
more easterly, about seven hundred feet, to the south-
erly line of Bridge street extended at a point marked
K, two hundred and fifty-eight feet southwesterly from
the intersection of the southerly line of Bridge street
and the southwesterly line of Water street; thence
continuing southeasterly, a little more southerly, about
twelve hundred and thirty feet, to the northwesterly
line of Elm street extended at a point marked L, three
hundred and sixty-five feet southeasterly from the in-
tersection of the northwesterly line of Elm street and
the southwesterly line of Water street; thence con-
tinuing southeasterly, still more southerly, about nine-
teen hundred feet, to the southeasterly line of Banks
avenue extended at a point marked M, six hundred
and eighty feet southwesterly from the intersection of
the southeasterly line of Banks avenue and the south-
westerly line of Water street; thence continuing
southeasterly, still more southerly, parallel with the
main line tracks of the New York, New Haven and
Hartford Railroad, to a point marked N, one thousand
feet northerly from the southerly side line of the South
End bridge over the Connecticut river at its intersec-
SPECIAL STATUTES.
tion with the abutment at the Springfield end of the
bridge; thence continuing southeasterly about one
thousand and three feet, to a point in the southerly
side line of said bridge marked 0, thirty feet south-
westerly from the face of said abutment and two hun-
dred and thirty-eight and nine-tenths feet southwester-
ly from the intersection of the prolongation of said
southerly side line of said South End bridge with the
easterly side line of South street; thence running
southerly on the arc of a circle with a radius of twenty-
four hundred feet, curving westerly, for a distance of
marked P; thence running southwesterly five hundred
feet, by a straight line tangent at P, with the line 0-P,
to a point marked Q; thence running southwesterly
eight hundred and ninety-two feet, on an arc of a
circle, curving southerly, with a radius of sixteen hun-
dred feet tangent at Q, to the line P-Q, to a point
marked R; thence running southwesterly about three
hundred and eighty feet in a straight line tangent at R,
to the line Q-R, to the boundary line between the city
of Springfield and the town of Longmeadow at a point
marked S, fifteen feet northwesterly from the stone
monument in said boundary line between the New
York, New Haven and Hartford railroad and the bank
of the Connecticut river.
SECT. 2. No structure or filling shall be done in- No structure or
side of said river line and beyond the present bank of without license.
the said river without authority or license therefor
first duly obtained under and subject to the provisions
of chapter three hundred and forty-four of the acts of
the year eighteen hundred and eighty-five and chapter
nineteen of the Public Statutes.
SECT. 3. This act shall take effect upon its pas-
sage.
Approved, May 3, 1893. :
filling to be done
SPECIAL STATUTES.
ACTS OF 1900. CHAPTER 236.
AN ACT TO ABATE THE SMOKE NUISANCE IN THE CITY
OF SPRINGFIELD.
Section.
Section.
1. Certain emissions of smoke de- | 3. Officer designated by mayor
clared a nuisance.
to enforce law.
2. Penalty.
4. Operation of certain furnaces
may be enjoined.
1 5. When to take effect.
of smoke declared ..
a nuisance.
Penalty.
Be it enacted, etc., as follows :-
Certain emissions SECTION 1. In the city of Springfield the emission
into the open air of dark smoke or dense gray smoke
for more than two minutes continuously, or the emis-
sion of such smoke during twelve per cent of any con-
tinuous period of twelve hours, is hereby declared a
nuisance.
SECT. 2. Whoever commits such nuisance or suffers
the same to be committed on any premises owned or
occupied by him, or in any way participates in com-
mitting the same, shall be punished by a fine of not
more than one hundred dollars for each week during
any part of which such nuisance exists.
Officer designated SECT. 3. The mayor of the city shall designate some
to enforce law.
proper person among the officers of the city, who shall
be charged with the enforcement of this law. Such
designation shall be made in January of each year, but
shall be subject to change at any time.
Operation of cer- SECT. 4. The officer so designated may apply to the
may be enjoined."' supreme judicial or superior court or to any justice
thereof for an injunction to restrain the further opera-
tion of any furnace, steam boiler or boilers which are
being operated in such a manner as to create a nui-
sance as herein defined ; and said court or justice may
after hearing the parties enjoin the further operation
of any such furnace, boiler or boilers.
When to take SECT. 5. This act shall take effect on the first day of
effect.
September in the year nineteen hundred.
Approved, April 13, 1900,
Operation of cer-
tain furnaces, etc.,
SPECIAL STATUTES.
73
i
ACTS OF 1900. CHAPTER 276.
AN ACT RELATIVE TO WIRES AND ELECTRICAL APPLI-
ANCES IN THE CITY OF SPRINGFIELD (AS AMENDED
BY ACTS OF 1901, CHAPTER 181.)
Section.
Section.
1. Removal of poles and wires | 4. Not to apply to long distance
from the streets of the city.
telephone wires, light wires,
2. Wires to be removed within a
etc. Not to revoke certain
certain district, or be placed
rights already granted. Long
underground. Manner of re-
distance telephone wires de-
moval.
fined.
3. Not to place certain structures | 5. Board of appeal.
in prescribed district, except, | 6. Enforcement of provisions.
etc.
from the streets.
Be it enacted, etc., as follows : -
SECTION 1. The city council of the city of Spring- Removal of wires
field may by ordinance designate some officer or offi-
cers of the city, who shall have exclusive authority to
cause to be removed from the streets of the city within
the district hereinafter prescribed, all telegraph, tele-
phone, electric light, electric motor and power, street
railway power and feed, and all other wires, cables or
conductors, in or above said streets, and all poles and
structures in said streets used for the support of the
same, except such structures, poles, wires, cables and
conductors as are hereinafter excepted, and to cause all
such wires, cables, and conductors to be placed, main-
tained and operated in underground conduits.
SECT. 2. The provisions of this act shall apply to Wires to be
that district of the city of Springfield which is bounded certain di
by a circumference whose center is Court square and
whose radius is two miles in length from said center.
And said officer or officers, within thirty days after
appointment, and in each January thereafter until the
work in the said district is completed, shall prescribe,
giving public notice thereof in at least two daily news-
papers in said city, by advertising therein twice a week
for two weeks in succession, a part of said district,
consisting of not less than three nor more than five
miles of streets, within which part all such wires,
cables and conductors, except such as are hereinafter moval.
removed within
Manner of re-
SPECIAL STATUTES.
excepted, shall, during that calendar year, be removed
or placed underground; and said officer or officers shall
cause the owners or users of such wires, cables and
conductors, to remove or place them underground, and
also to remove any poles or structures used in the
streets to support such wires, cables or conductors,
except when, in the judgment of said officer or officers,
it is impracticable or inexpedient to remove such wires,
cables, poles, conductors or structures ; it being : the
purpose and intent of this act ultimately to cause the
removal from public streets, avenues and highways in
said district of all wires, cables and conductors, except
such as are hereinafter excepted.
Not to place cer- SECT. 3. After a part of said district has been pre-
prescribed dis- scribed as aforesaid no person, firm or corporation
trict, except, etc. shall nigne
shall place any poles or other structures for the support
of any wires, cables or conductors, except those herein
specially excepted, in any street thereof, except tem-
porarily, with the consent of said officer or officers, in
the case of an emergency; and if after the expiration
of that calendar year there shall remain in any such
street any poles, structures, wires, cables or conductors
which said officer or officers shall have ordered to be
removed or placed underground, the said officers shall
cause the same to be removed ; and the city may col-
lect from the owners or users, by an action at law, any
expense involved in such removal.
Not to apply to SECT. 4. This act shall not apply to long distance.
telephone wires, telephone wires, or to posts for the support of lamps
exclusively, or to poles used exclusively for local dis-
tribution from underground wires, cables or conduct-
ors, or to street railway trolley, guard or span wires,
to poles or structures used exclusively for the support
thereof, or to poles and wires used for lighting the pub-
lic'streets and public buildings of the city of Springfield
under existing contracts with said city, during the
continuance of said contracts ; nor shall it revoke any
rights already granted to any person, firm, or corpora-
tion to place or maintain any conduits, pipes, wires,
cables or conductors underground ; but any such con-
duits, pipes, wires, cables or conductors laid hereafter
in pursuance of any such grant shall be laid subject to
the provisions of this act, so far as they are not incon-
sistent with the terms of such grant. For the purposes.
of this act no wire shall be deemed a long distance
telephone wire which is not connected with some įėn-
long distance
etc.
Not to revoke
rights already
granted, etc.
SPECIAL STATUTES.
tral telephone office in the city, and which does not
extend twenty-five miles at least in a direct line from
the central office.
SECT. 5. The mayor and aldermen of the city shall Board of appeal.
constitute a board of appeal, to which 'petitions in
writing may be presented by any person, firm or cor-
poration aggrieved b'y any act' or decision of said'offi'-
cer or officers, done or made in pursuance of this act.
Such petition shall set forth the specific grievance or
grievances relied upon, and shall be filed with the
mayor of the city within ten days from the act or
decision complained of; and said board after notice
given as prescribed in section two of this act shall give
a hearing thereon, and may either approve, annul or
overrule such act or decision.
SECT. 6. The supreme judicial or superior court, or Enforcement of
vē aid we're provisions.
any justice thereof, shall, on petition of said officer or
officers, have jurisdiction in equity to enforce the pro-
visions of this act or any order of said officer or officers
issued thereunder, and to compel compliance there-
with.
SECT. %. This act shall take effect upon its passage.
Approved, May 2, 1900.
SPECIAL STATUTES.
ACTS OF 1901. CHAPTER 95.
AN ACT TO AUTHORIZE THE CITY LIBRARY ASSOCIATION
OF SPRINGFIELD TO HOLD ADDITIONAL REAL AND PER-
SONAL ESTATE.
Section 1. May hold additional real and personal estate.
personal estate
not exceeding
$ 600,000.
Be it enacted, etc., as follows :-
May hold real and SECTION 1. The City Library Association of Spring-
field is hereby authorized to hold real and personal
estate for the purposes named in its act of incorpora-
tion, chapter one hundred and forty-two of the acts of
the year eighteen hundred and sixty-four, to an
amount not exceeding six hundred thousand dollars,
exclusive of books in its library and collections of
natural history and works of art in its museum.*
SECT. 2. This act shall take effect upon its passage.
Approved, March 5, 1901.
* Increased to $1,500,000, Acts of 1902, ch. 155.
SPECIAL STATUTES.
ACTS OF 1902. CHAPTER 134.
AN ACT RELATIVE TO THE POLICE DEPARTMENT OF THE
CITY OF SPRINGFIELD.
Section 1. City council may control and regulate police department.
Be it enacted, etc., as follows : -
SECTION 1. The powers and duties conferred and cit
City council to
imposed by chapter ninety-four of the acts of the year control and regu...
eighteen hundred and fifty-two upon the mayor and ment.
establishment and maintenance of a police depart-
ment, the appointment of a constable, or a city mar-
shal and assistants, and all other police officers, may
be exercised and performed by the city council, in such
manner as it may from time to time prescribe, and
wholly or in part through the agency of any persons
May act by board.
acting as a board whom it may from time to time des-
ignate, and with such limitations of power as it may
by ordinance determine.
SECT. 2. This act shall take effect upon its passage.
Approved, February 27, 1902.
SPECIAL STATUTES.
ACTS OF 1902. CHAPTER 155.
AN ACT TO AUTHORIZE THE CITY LIBRARY ASSOCIATION
OF SPRINGFIELD TO HOLD ADDITIONAL REAL AND
PERSONAL PROPERTY.
Section.
Section.
1. Amendment of Acts of 1901, | 2. Amendment of Acts of 1864,
chapter 95, section 1. May
chapter 142, section 4. City
hold additional real and per-
may aid association while
sonal estate.
citizens have free access to
library, etc.
ter 95, section 1,
amended.
May hold addi-
tional real and
personal estate.
Be it enacted, etc., as follows :-
Acts of 1901, chap- SECTION 1. Section one of chapter ninety-five of
the acts of the year nineteen hundred and one is
hereby amended by striking out the words “six hun-
dred,” in the sixth line, and inserting in place thereof
the words :-one million five hundred,—so as to read as
follows :-Section 1. The City Library Association of
Springfield is hereby authorized to hold real and per-
sonal estate for the purposes named in its act of incor-
poration, chapter one hundred and forty-two of the acts
of the year eighteen hundred and sixty-four, to an
amount not exceeding one million five hundred thou-
sand dollars, exclusive of books in its library and col-
lections of natural history and works of art in its
museum.
Acts of 1864, chap- SECT. 2. Section four of said chapter one hundred
and forty-two of the acts of the year eighteen hundred
and sixty-four, as amended by subsequent acts, is
hereby amended so as to read as follos :--Section 4.
So long as said corporation shall allow the inhabitants
of the city of Springfield free access to its library and
museums at reasonable hours, and shall further allow
said inhabitants the free use of its books on its premises
and for home reading, under such reasonable regula-
tions and restrictions as may be imposed by the directors
of said corporation, said city may appropriate and pay
annually toward defraying the expenses of carrying on
the work of said corporation, as authorized by its
charter, such sums as the city may judge proper.
Approved, March 12, 1902.
ter 142, section 4,
amended.
City may aid
while citizens
have free access.
NOTE.—At an election held Dec. 6, 1898, the city accepted
the provisions of Chap. 267 of the Acts of 1898, providing for
the pensioning of disabled firemen; and at an election held Dec.
4, 1900, accepted the provisions of Chap. 246 of the Acts of 1900,
providing for the pensioning of firemen in certain cases; the pro-
'visions of these statutes are now incorporated in R. L., ch. 32, sects.
81 and 82.
At an election held Dec. 5, 1899, the city accepted the provisions
of Chap. 344 of the Acts of 1899, making eight hours a day's work
for certain employees of the city; this act is now incorporated in
R. L., ch. 106, sect. 20.
At an election held Dec. 3, 1901, the city accepted the pro-
visions of Chap. 332 of the Acts of 1901, providing that the term of
office of the city clerk shall be three years; this act is now incorpo-
rated in R. L., ch. 26, sect. 15.
REVISED ORDINANCES,
1904.
CITY OF SPRINGFIELD.
IN THE YEAR ONE THOUSAND NINE
HUNDRED AND FOUR.
AN ORDINANCE
CONSOLIDATING AND REVISING THE ORDINANCES OF THE
CITY OF SPRINGFIELD.
Be it ordained by the city council of the city of Spring-
field, as follows :-
CHAPTER 1.
THE CITY SEAL,
Section.
Section,
1. Device and inscription of city | 2. Custody of seal.
seal.
SECTION 1. The design hereto annexed, as executed Device and
inscription of city
by Richard Paine, shall be the device of the city seal, seal.
the inscription being as follows, to wit: “Springfield,
organized a town May 14, 163, 0. S., a city May 25,
1852.”

RINGFIA
All
O
:
-
V
3.1852.
WANZADA
MAY 25.3
LIV
LT
A
ICITY M
TATOWN
+
14. 1686. OS.
SECT. 2. The city clerk shall be the custodian of the Custody of seal.
city seal.
82
REVISED ORDINANCES.
CHAPTER 2.
WARDS.
Division into
eight wards.
Section.
| Section.
1. City divided into eight wards. 1 2. Members of common council
Boundaries of wards defined. I apportioned among wards.
SECTION 1. The city of Springfield is hereby divided
into eight wards, described as follows, viz. :
Ward 1 bounded.
Ward No. One. Beginning at a point on the Con-
necticut river on the line dividing the city of Chicopee
from the city of Springfield, thence running easterly by
said dividing line to the center of Newbury street,
thence through the center of said Newbury street to the
center of Liberty street, thence through the center of
Liberty street to the center of Armory street, thence
southerly through the center of said Armory street to
the center line of the Boston and Albany railroad main
tracks, thence westerly by the center line of said tracks
to a point in the center line of Cass street extended,
thence northerly to and along the center line of Cass
street to Everett street, thence westerly through the
center of Everett street to Chestnut street, thence
northerly through the center of Chestnut street to Bond
street, thence westerly through the center of Bond
street to Main street, thence southerly through the
center of Main street to Seventh street, thence west-
erly by the center line of Seventh street and by the said
center line extended to the Connecticut river, thence
northerly by said river to the point of beginning.
Ward No. Two. Beginning at the Connecticut river
at a point in the center line of Seventh street extended
and running easterly to and through the center of Sev-
enth street to the center of Main street, thence north-
erly through the center of Main street to Bond street,
thence through the center of Bond street to Chestnut
street, thence southerly through the center of Chest-
nut street to Everett street, thence easterly through
the center of Everett street to Cass street, thence
southerly by the center line of Cass street and by
said center line of Cass street extended to the center
line of the main tracks of the Boston and Albany rail-
no
Ward 2 bounded.
WARDS.
83
road, thence westerly by said center line to the Con-
necticut river, thence northerly by said river to the
point of beginning.
Ward No. Three. Beginning at a point on the Con- Ward 3 bounded.
necticut river in the southerly boundary line of Ward
Two as above described, thence running easterly by the
center line of the Boston and Albany. railroad main
tracks to the center of Chestnut street, thence southerly
by the center line of Chestnut street to and across State
street to the center line of Maple street, thence south-
erly by the center line of Maple street to the center line
of Union street, thence westerly by the center line
of Union street to the Connecticut river, thence north-
erly by said river to the point of beginning.
Ward No. Four. Beginning at a point in the center Ward 4 bounded.
line of Chestnut street and the center line of the Bos-
ton and Albany railroad main tracks, thence running
easterly by the center line of said main tracks to the
center of Armory street, thence southerly through
the center of Armory street to the center of Summer
street, thence westerly through the center of Summer
street to the center of Federal street, thence southerly
through the center of Federal street to and across State
street to the center line of Walnut street, thence
southerly through the center of Walnut street to the
center of King street, thence easterly through the
center of King street to the center of Hancock street,
thence southerly through the center of Hancock street
to the center of Ashley street, thence westerly through
the center of Ashley street to the center of Cedar street,
thence westerly through the center of Cedar street to
the junction of the center of Cedar and Pine streets,
thence southerly through the center of Pine street to
the center of Maple street, thence northerly through
the center of Maple street across State street to the
center of Chestnut street, thence northerly by the
center line of Chestnut street to the point of beginning.
Ward No. Five. Beginning at a point in the center Ward 5 bounded.
of the Boston and Albany railroad main tracks and the
center of Armory street, thence running easterly by
the center line of said main tracks to a point in the
center line of Harvard street extended, thence south-
erly along the line last mentioned to and through the
center line of Harvard street to Yale street, thence
through the center of Yale street to the center of Dart-
mouth street, thence southerly by the center line of
84
REVISED ORDINANCES.
U VUN-
Catherine street to the center line of State street, thence
easterly by the center line of State street to a point op-
posite the center line of Eastern avenue, thence south-
erly by the center line of Eastern avenue to the center
line of King street, thence westerly by the center line
of King street to the center of Walnut street, thence
northerly by the center line of Walnut street to and
across State street to the center line of Federal street,
thence by the center line of Federal street to the center
line of Summer street, thence easterly by the center
line of Summer street to the center line of Armory
street, thence northerly by the center line of Armory
street to the place of beginning.
Ward 6 bounded. Ward No. Six. Beginning at a point on the Con-
necticut river in the center line of Union street ex-
tended, thence running easterly by said center line
through Union street to the center of Maple street,
thence southerly by the center line of Maple street to
the center line of Pine street, thence by the center line
of Pine and Mill streets to the center of Main street,
thence southerly by the center line of Main and South
streets to the center line of the South End bridge ex-
tended, thence westerly along the line last mentioned
to the Connecticut river, thence northerly by the Con-
necticut river to the point of beginning.
Ward No. Seven. Beginning at the Connecticut
river at said South End bridge, thence running easterly
in the line of said bridge to the center of South street,
thence northerly by the center line of South street and
Main street to the center of Mill street, thence by the
center line of Mill and Pine streets to a point at the
junction of the center of Pine and Cedar streets, thence
easterly by the center line of Cedar and Ashley streets
to the center of Hancock street, thence northerly by
the center line of Hancock street to the center of King
street, thence easterly by the center line of King street
to the center line of the main tracks of the Highland
Division of the New York, New Haven and Hartford
railroad, thence southerly by the last named center line
to the southerly boundary line of the city of Springfield,
thence westerly along said boundary line to the Con-
necticut river, thence northerly by said river to the
point of beginning.
Ward No. Eight. This ward is described as contain-
ing all that part of the city lying easterly of the other
wards.
Ward 7 bounded.
Ward 8 described.
WARDS.
85
mon council
among wards.
SECT. 2. The members of the common council of Members of com-
the city of Springfield are hereby apportioned among apportioned
the several wards of the city as follows: To each ward,
one member. To Wards One, Three, Four, Five, Six
and Seven, each one member in addition to the one
first named. To Wards Two and Eight, each two
members in addition to the one first named.
86
REVISED ORDINANCES.
CHAPTER 3.
PAYMENT OF CLAIMS AGAINST THE CITY.
Section,
Section.
1. No claim to be paid unless ap-
appropriations, etc. Audi-
proved by auditor.
tor to notify mayor and coun-
2. No account or claim to be re-
cil when appropriations are
ceived or acted upon by
exhausted.
auditor unless certified by 4. Bills to be certified, approved,
proper authority.
and forwarded to auditor.
3. No money to be drawn from 5. Mayor, etc., may draw in pay-
treasury without order of
ment of ascertained sums,
mayor. Mayor, etc., may
fixed salaries, etc., not to
draw in payment of accounts
exceed appropriations.
and claims allowed and cer- | 6. Approval required for payment
tified by auditor; but within
of employees of the city.
No claim to be
paid unless
approved by
auditor.
No account or
claim to be
upon by auditor
unless certified by
No money to be
drawn from the
SECTION 1. No claim shall be paid by the treasurer
unless it shall have been approved by the auditor of
accounts as required by ordinance, except as herein-
after provided.
SECT. 2. No account or claim against the city shall
received or acted be acted upon by the auditor of accounts unless such
by account or claim shall be accompanied by a certificate
proper authority. of the mayor, or of some officer, committee, or agent
authorized on behalf of the city to make the contract
or cause the expenditure, that the same is correct.
SECT. 3. No money shall be drawn out of the city
treasury without treasury without the written order of the mayor. The
order of mayor.
mayor, and in case of his absence or inability the act-
Mayor, etc., may
ing mayor, is hereby authorized to draw orders on the
treasurer for the payment of all accounts and claims
and certified by allowed and certified by the auditor of accounts, as
auditor; but with-
in appropriations, provided in the preceding section; but he shall not
etc.
draw any order for services rendered or materials fur-
nished by any department beyond the sum appropri-
ated by the city council for the expenses of that de-
partment, together with the amount of the receipts of
Auditor to notify such department then to the credit thereof. When-
ančil ever any appropriation made by the city council for
when appropria-
any department of the city, together with the amount
of receipts of such department, has been expended, it
shall be the duty of the city auditor to notify the
mayor and the city council of the fact in writing, and
draw in payment
of accounts and
claims allowed
mayor and council
tions are
exhausted.
PAYMENT OF CLAIMS AGAINST THE CITY.
Bills to be certi-
fied, approved and
auditor,
draw in payment
sums, fixed sala-
thereafter no further expenditure shall be made in
such department until the city council shall have pro-
vided means therefor.
SECT. 4. Heads of departments shall certify to the Bills to be certi-
correctness of all bills incurred by them, and after ap- forwarded to
proval thereof by the committee or board authorized“
to approve their department expenditures shall forward
the same without delay to the auditor of accounts, on
or before the fourth day of each month.
SECT. 5. The mayor, and in case of his absence or Mayor, etc., may
inability the acting mayor, is authorized to draw his of ascertained
orders upon the city treasurer for the payment of any ries etc., not to
certain and ascertained sums due from the city, pur- tions.
suant to any ordinance or vote of the city council; and
for the payment to city officers of salaries or compen-
sation for services, in all cases in which the amount of
such, salaries or such compensation is fixed by ordi-
nance or vote of the city council; and for the payment
of the stipulated compensation to the teachers of the
public schools, upon a certificate authorized by the
school committee, of the sums due from time to time
to the teachers respectively, pursuant to the contracts
under which they are severally employed; and for the
payment of any sum, either as principal or interest,
due on any note, bond, or other like written obligation
exceed appropria
the city, the amount of which has been determined by
a lawful judgment of a judicial court. But no such
order shall be drawn exceeding the appropriations
which have been made by the city council for said
several purposes.
SECT. 6. The treasurer is authorized and directed, Approval required
with the written approval of the mayor and city audi- employees of the
city.
tor, to pay weekly employees of the city as follows:
under the supervision of the superintendent of streets,
on the approval of the superintendent of streets.
In the forestry department on the approval of the
city forester.
In the park department on the approval of the
chairman of the park commission and the superin-
tendent of parks.
In the scavenger and ash departments on the ap-
proval of the agent of the board of health.
The permanent men of the fire department on the
approval of either the chief or deputy chief engineer.
90
REVISED ORDINANCES.
CHAPTER 5..
SALARIES.
Section.
Section.
1. Compensation of certain city 7. Members of fire department;
officers.
penalty, vacation, salary of
2. Compensation of water com-
assistart acting as chief, dis-
missioners.
ability, period of duty claims
3. Compensation of the overseers
for pay, forfeiture.
of the poor, and of the agent Appointment of extra call
of the board.
men.
4. Compensation of city engineer | 8. Salaries paid monthly unless
and of assistant engineers.
otherwise provided.
5. Compensation of members of 9. City council may fix salaries
the police department.
not otherwise provided for.
6. Compensation of members of
the fire department.
Mayor.
Clerk,
SECTION 1. The annual compensation of the city
officers and employees is hereby established as
follows :-
The mayor, three thousand dollars, which sum shall
not be increased or diminished during the year for
which he is chosen :
City clerk, twenty-four hundred dollars, which sum
shall be in full for the performance of all the duties of
his said office, except such duties as he may perform as
clerk or member of the board of registrars of voters,
the compensation for which shall be the same as has
already been or may hereafter be fixed by the city
council for the other members of the said board :
City treasurer, two thousand five hundred dollars,
which sum shall be in full for the performance of all
duties of said office, including the duties of treasurer of
the sinking funds :
Auditor.
City auditor, one thousand six hundred dollars,
which sum shall be in full for all services performed
by him as such auditor :
Collector of taxes, twenty-two hundred dollars:
Clerk of common Clerk of the common council, three hundred dollars:
City messenger, one thousand two hundred dollars
payable weekly :
Superintendent of Superintendent of streets and sewers, twenty-three
hundred dollars, which sum shall be in full for all serv-
ices rendered by him as such superintendent:
Treasurer.
Collector.
council.
Messenger.
e
streets and sewers;
and
SALARIES.
sors.
First assistant superintendent of streets, twelve assistants.
hundred dollars:
Second assistant superintendent of streets, twelve
hundred dollars:
Board of assessors, forty-two hundred dollars per Assessors.
year in full for all services, to be divided as follows :
Chairman sixteen hundred dollars ; each of the other
two members of the board thirteen hundred dollars.
This compensation of the assessors shall include
that provided for assessors by the Revised Laws of the
Commonwealth or any amendments thereof.
Assistant assessors, the following compensation, to Assistant asses-
wit : For services rendered in their first and second
years of service, three dollars per day; for services
rendered in their third and fourth years of service,
three dollars and fifty cents per day ; for services
rendered in their fifth year of service or thereafter,
four dollars per day:
City forester, twelve hundred dollars, which sum City forester.
shall be in full for all services rendered by him to the
city:
City physician, one thousand dollars in full for all City physician.
services rendered by him as such physician:
That member of the board of health who serves as Health physician.
health physician and clerk of the board, one thousand
dollars in full for all services rendered by him as a
member of said board:
Agent of the board of health, twelve hundred dol- Agent of the board
lars:
Inspector of buildings, one thousand dollars:
Building in-
Inspector of milk and vinegar, nine hundred dol- Milk, etc., in-
spector.
lars, which sum shall be in full for all services rendered
by him. Said inspector shall devote his entire time to
the duties of his office.
Inspector of meats, provisions and animals, three Meats, etc., in-
hundred dollars:
Schoolhouse agent, fifteen hundred dollars, which Schoolhouse
shall be in full for all his services, and for the use of a
horse and wagon if such shall be necessary, to be
furnished and kept by said agent:
Members of the board of public works shall each Board of public
receive three dollars per day for each day's services.
Election officers shall receive such compensation Election officers.
for their services as the city council may from time to
time by order determine.
The officer designated under the provisions of Inspector of wires.
Agent of the board
spector.
spector.
agent.
works.
REVISED ORDINANCES.
Water com-
missioners.
Overseers of the
poor.
Agent of the
board.
neers.
chapter two hundred and seventy-six of the Acts of
the General Court of Massachusetts in the year nine-
teen hundred shall receive compensation of one hun-
dred dollars per annum.
SECT. 2. The members of the board of water com-
missioners shall serve without compensation, except
that the chairman of said board shall receive a salary
of twelve hundred dollars per annum.
SECT. 3. The board of overseers of the poor shall
serve without compensation. Said board shall be
allowed a sum not exceeding two thousand dollars for
the services of an agent or clerk, including the use of
a horse and wagon, to be furnished and kept by said
agent or clerk ; said compensation to be in full for all
services which he shall perform for the city.
City engineer. SECT. 4. The annual compensation of the city
engineer is hereby established at twenty-three hundred
dollars, which sum shall be in full for all services per-
formed by him for the city as such engineer.
Assistant engi The compensation of one assistant engineer, who
shall be known and designated as the first assistant
engineer, shall be twelve hundred dollars per annum,
payable in monthly instalments, and said first assistant
engineer shall give his entire services to the city. The
compensation of other assistant engineers shall be
fixed as provided by section five of chapter sixteen of
the ordinances.
Police depart SECT. 5. Annual compensation of the members of
the police department shall be as follows :
City marshal. City marshal, eighteen hundred dollars, which sum
shall be in full for his services, and the use of a horse
and carriage, if such shall be necessary, to be furnished
and kept by said marshal :
Assistant marshal. Assistant marshal, thirteen hundred dollars:
Captain.
Captain of the watch, eleven hundred and seventy-
five dollars:
Lieutenant, eleven hundred dollars:
Inspectors.
Inspectors, eleven hundred dollars each:
Sergeants.
Sergeants, ten hundred and fifty dollars each:
Police matron.
Police matron, five hundred dollars:
Watchmen.
Night and day watchmen as follows, to wit: each
who is or may be serving his first year of service, or
the first year of service after an interval of non-service,
eight hundred dollars ; each who is or may be serving
his second year of continuous service, eight hundred
and fifty dollars ; each who is or may be serving his
ment.
Lieutenant.
SALARIES.
93
policemen.
policemen.
engineer.
engineers.
third or any subsequent year of continuous service,
one thousand dollars. The police commission may
also in its discretion reimburse any police officer for
damages to his clothing received while on duty.
Members of the reserve police force, each the sum Reserve
of two dollars and nineteen cents a day when actually
employed:
Special policemen, one dollar and seventy-five cents Special
per day for day service, and two dollars per night for
night service:
The assistant marshal, captain of the watch, and Absence from
duty with pay.
night and day watchmen shall each be entitled to an
absence from duty of fourteen days during each year
of their service, with full pay, such absence to be with
the approval of the marshal.
SECT. 6. Compensation of members of the fire Fire department.
department shall be as follows:
Chief engineer, eighteen hundred dollars per annum, Chief engineer.
payable weekly:
Deputy chief engineer, fourteen hundred dollars per Deputy chief
annum, payable weekly:
First assistant call engineer, at the discretion of the Assistant call
board of commissioners of the fire department, an
amount not less than two hundred and fifty, nor ex-
ceeding three hundred and fifty dollars per annum,
payable quarterly; other assistant call engineers each
two hundred and fifty dollars per annum, payable
quarterly:
Superintendent of fire alarm and ex officio assistant Superintendent of
engineer eleven hundred and fifty dollars per annum,
in full payment of services as said superintendent and
assistant engineer, payable weekly ; also the additional
sum of three hundred dollars per annum for the care
and supervision of the rooms, apparatus, machinery
and fixtures of the police signal telegraph system,
to be charged to the account of the police commission:
Captains permanently employed, not exceeding two Captains.
dollars and eighty cents per day, payable weekly, the
amount allowed each captain to be determined by the
board of commissioners of the fire department:
Call captains, twenty-five dollars per annum in Call captains.
addition to their pay as call men of the department,
payable quarterly:
Each lieutenant permanently employed, the sum of Lieutenants.
fifteen cents per day in addition to his pay as a per-
manent man:
fire alarm.
94
REVISED ORDINANCES.
linemen, ladder-
hydrantmen.
Call members.
Engineers.
Engineers of steam engines, two dollars and fifty
cents per day for the first five years' continuous serv-
ice; after five years' continuous service, two dollars
and seventy-five cents per day, payable weekly:
Privers, tillermen, Drivers, tillermen, linemen, laddermen, engine-
men, enginemen, men of chemical engines and hydrantmen, perma-
nently employed, each who is or may be serving his
first year of service, two dollars per day ; each who is
or may be serving his second year of service, two
dollars and ten cents per day; each who is or may be
serving his third or any subsequent year of service,
two dollars and fifty cents per day:
Call members of the fire department except those of
Hose Company No. 5 Combination located at Indian
Orchard, one hundred dollars per annum for the first
year of service, and one hundred and seventy-five
dollars per annum thereafter, payable quarterly, ex-
cept that the board of commissioners of the fire
department may in case of a reappointment and for
previous good service establish the pay of a newly
appointed member as of the second year of a call
member:
Running
Running members, except those of Hose Company
No. 5 Combination as aforesaid, sixty dollars per
annum, payable quarterly:
Call men of
Call men of Hose Company No. 5 Combination
eighty-seven dollars and fifty cents per annum, and
running members thirty dollars per annum, payable
quarterly.
SECT. 14. Members of the fire department absent
from fires, unless previously excused by the captain of
the company, or upon excuse deemed sufficient by the
board of engineers, shall pay a penalty sum of one
dollar for each absence, the same to be deducted from
their quarterly pay roll. The commissioners of the
fire department may, if they deem it expedient, grant
a vacation of not exceeding two weeks each year to
the members of the fire department without loss of
pay. Drivers, hydrantmen, tillermen, laddermen,
enginemen and captains permanently employed shall
be allowed a vacation of three days in each month
without loss of pay, provided that men on such three
days vacation shall answer all general alarms of fire
during such three days.
Salary of assistant In case of the absence from the city of the chief en-
gineer, or deputy chief engineer, except upon leave,
members.
Hose 5.
Penalty for
absence.
Vacation.
2-
acting as chief.
SALARIES.
95
- Pay while under
or of his or their disability from any cause to perform
his or their duties, the portion of salary due for the
period of such absence or disability shall be paid to
such assistant engineer as shall perform said duties ;
provided, however, that if it shall appear, to the satis-
faction of the commissioners of the fire department,
that such disability arises from injuries incurred or
disease contracted, in the discharge of duty as such
engineer, the said commissioners of the fire depart-
ment may order payment of the compensation that
would otherwise be forfeited, or such part thereof as
they may deem proper, for the whole or part of the
period during which such disability shall continue or
may have continued, without prejudice, however, to
the right of the assistant in charge to the compensa-
tion therefor above provided.
Any member of the fire department in active serv-
ice, except a chief engineer and deputy chief en- disal
gineer, injured while doing fire duty, if the injury
renders him unable to attend to his regular duties or
business, shall receive his full pay from the city during
his disability, not to exceed twelve weeks in all for
each disability.
Members of the department shall be considered period of duty
doing fire duty when answering a call from an alarm
bell or still alarm of fire, when working at a fire, when
returning from answering a fire alarm, when engaged
in collecting hose or other fire apparatus left at the
place of a fire by any member of the department after
orders to “limber up” or when attending the annual
inspection of said department; and it shall be con-
sidered that the period of such duty in case of fire
or an alarm of fire, commences the moment an
alarm from the fire alarm telegraph or) the moment
a still alarm is given, at any company headquarters,
when such an alarm has been reported. In case of in-
spections and parade, the period of duty shall be
considered to commence with the moment of such
member taking his place in the company ranks and
shall end at the completion of the roll call before dis-
missal of his company or at the moment of dismissal
of the department in any legal manner.
No claim for pay shall be considered unless made to Claims for pay.
the chief of the department within three days from
date of injury claimed to be the cause of disability,
and all such claims shall be submitted to the board of
defined.
96
REVISED ORDINANCES.
compensation,
commissioners and the chief of the fire department for
their approval.
Forfeiture of Every officer or member (except those permanently
employed) who shall not serve the whole period
between pay days, as established by the city council,
except in case of sickness or death, or removal from
the city, or temporary absence on leave, or who shall
be removed from the department, or deposed from his
office, for cause, shall forfeit any and all compensation
that would otherwise be due him at the time when his
services ceased or such removal or deposing took
place.
The board of commissioners of the fire department
may be appointed. may, if they deem it expedient, appoint extra call men
for fire service, whose compensation shall not exceed
thirty cents per hour for actual service rendered in ex-
tinguishing fires or in drill practice.
Salaries payable SECT. 8. The salaries mentioned in this chapter
shall become due and payable in monthly instalments
unless otherwise specified herein, or otherwise pro-
vided by law.
SECT. 9, All salaries not otherwise provided for in
fix salaries not this chapter, shall be such as the city council may de-
termine from time to time by concurrent vote.
Extra call men
.
monthly unless
otherwise
provided.
City council may
otherwise
provided for.
CONTRACTS WITH THE CITY AND THE HIRING OF LABOR.
CHAPTER 6.
CONTRACTS WITH THE CITY AND THE HIRING OF LABOR.
interest in con-
Section.
Section.
1. No member of city council, ing and not to be altered
member of board or com-
unless, etc.
mission, or otficers of city 3. Certain contracts to be accom-
shall have private interest in
panied by suitable bonds. No
contract without express au-
proposal shall be accepted,
thority. R. L., chapter 210, when. Custody of written
89.
contracts.
2. Certain contracts to be in writ- | 4. Preference to be given to labor-
ers who are residents.
SECTION 1. No member of the city council, no mem- No member of
city council
ber of any board or commission, and no officer chosen member of 'board,
commission,
or'appointed by the city council, or by either branch or officers of city
shall have private
thereof, shall be interested in a private capacity, di- interest in con-
rectly or indirectly, in any contract or agreement for express authority.
labor, or for any materials, goods, wares, or merchan- R.L., Chapter 210,
section 9.
dise furnished to the city wherein the city is a party
interested, unless the same be expressly authorized to
be made and entered into with such a person by some
ordinance or order of the city council.
SECT. 2. In all cases where the amount of any con- Certain contracts
to be in writing
tract shall exceed one thousand dollars, the contract and not to be al-
shall be in writing and shall be signed by the mayor
and a majority of the committee or commission in
charge of the work on the part of the city, and, after
being signed by the parties, no such contract shall be
ment for tract with con.
to be accompanied
mittee or commission shall signify their assent thereto
in writing, under their respective signatures, indorsed
on said contract, and approved by the mayor.
SECT. 3. Every contract exceeding five hundred Certain contracts
dollars in amount, for the erection, alteration or repair by suitable bonds.
of any building owned or to be owned by the city,
shall be accompanied by a suitable bond with sureties
for the faithful performance of the same, or by the de-
posit of money or security to the amount of such bond,
the amount of the bond and the sureties to be approved
by the mayor. No proposal shall be accepted from or No proposal shall
be accepted, when.
for any person who shall have broken a contract with
the city during the three years preceding. One copy
REVISED ORDINANCES.
Custody of
written contracts.
of all written contracts shall be deposited with the
city clerk and one copy with the city treasurer as soon
as practicable after its execution.
Preference to be SECT. 4. In the hiring of labor by any official, com-
who are residents. mittee or commission of the city, the preference shall
in all cases, as far as practicable be given to properly
qualified bona fide residents of Springfield.
2-
given laborers
THE COLLECTION OF TAXES.
99
CHAPTER 17.
THE COLLECTION OF TAXES.
which town
Section.
Section.
1. Collector may use all means of | 2. Taxes to be payable October
collecting taxes which town
1; interest chargeable from
treasurer when collector may.
October 1, on taxes unpaid
Office of collector.
after November 1. Collector
to collect and keep account
of interest, etc.
SECTION 1. The collector of taxes of the city of Collector may use
all means of a way
Springfield may use all means of collecting taxes collecting taxes
which a town treasurer when appointed collector may treasurer when
collector may.
use, and shall be provided with an office by the city Office to be
council.
provided.
SECT. 2. Taxes assessed in the city of Springfield Taxes to be paya-
ble October 1.
shall be due and payable on the first day of October
next after the assessment thereof, in each year, and all
persons or corporations who shall not pay such taxes
assessed upon them until after the first day of Novem-
ber, next after such first day of October, shall pay Interest
chargeable from
interest thereon from the first day of October next Oct. 1, on taxes
previous to such first day of November, at such rate Wop.nl
per centum as the city council may, annually, lawfully
order ; and the collector of taxes shall collect the same, Collector to collect
and keep an account thereof, in addition to the account of interest, etc.
of taxes collected, and pay the same into the city
treasury.
unpaid after
and keep account
100
REVISED ORDINANCES.
CHAPTER 8.
ESTABLISHING SINKING FUNDS AND PROVIDING FOR THE
ELECTION OF SINKING FUND COMMISSIONERS.
be established.
how elected.
Section.
Section.
1. Sinking funds to be established.
how elected, term of office.
2. Commissioners of sinking fund,
Vacancies, how filled.
| 3. Duties, etc., of commissioners.
Sinking funds to SECTION 1. Sinking funds shall be established for
the payment of all indebtedness of the city for the
payment of which sinking funds are or shall hereafter
be required under any provisions of law.
Commissioners of SECT. 2. The present commissioners of the sinking
sinking fund,
fund shall continue to hold office for the terms for
which they have been respectively elected. Annually
hereafter, on the first Monday in February, or within
sixty days thereafter, there shall be elected, by con-
current vote of both branches of the city council, to
Term of office. serve for the term of three years from the next first
day of April, a commissioner to take the place of the
commissioner whose term of service shall then expire.
If any vacancy shall occur in said commission, by
death or otherwise, such vacancy shall be filled, for
the unexpired term, by an election by the city council,
by concurrent vote as aforesaid.
SECT, 3. Said commissioners shall serve without
pay, shall have charge of all of the sinking funds of
the city, shall keep records of their doings, shall per-
form all duties incumbent on them by law, and shall
annually, in the month of November, and whenever
requested by the city council, report to the city council
the condition of the sinking funds of the city.
Vacancies, how
filled.
Duties, etc., of
commissioners.
THE METHOD OF ELECTING CERTAIN OFFICERS.
.
101
CHAPTER 9.
THE METHOD OF ELECTING CERTAIN OFFICERS.
Section,
Laws.
1. Time of election of officers $ 31. Vacancies in board of alder-
chosen by the city council.
men.
2. To hold office for one year from $ 32. If mayor is not elected, who
first Monday in April, and
to perform duties.
until successor is qualified. $ 33. Vacancies in city or ward
3. To be elected by concurrent
offices, how filled.
vote; effect of failure to con-
$ 34.
Removal from ward not to
cur.
disqualify city officers.
4. Provisions as to time of elec § 35. Mayor, etc., may hold other
tion directory.
offices, except of - emolu.. .
5. Adoption of certain sections of
ment.
chapter twenty-six of the Re-
vised Laws.
SECTION 1. All city officers whose election or, ap- Time of election
of officers chosen.
pointment by the city council is required either by law by the city
council.
or ordinance, excepting those officers the time of whose
election or appointment is otherwise prescribed by law
or ordinance, shall be elected or appointed as the case
may be on the first Monday of February in each year,
or within sixty days thereafter.
SECT. 2. Every city officer elected or appointed To hold office for
one year from
under the provisions of section 1 shall hold his office first Monday
in April and until
(if not sooner removed) for one year from the first successor is
Monday of April in the year in which he shall be
elected or appointed, and until a successor shall be
elected and qualified,
SECT. 3. All officers whose mode of election is not to be elected by
prescribed by law, or by some ordinance of the city, Effect of failure
to concur.
shall first be elected in the board of aldermen, and
thereupon by the common council in concurrence.
Failure to concur shall be deemed rejection.
SECT. 4. Whenever any ordinance shall provide for Provisions as to
the election of any city officer at or within a time directory.
specified, such provision shall be considered as direc-
tory, and an election after such time shall be valid.
· SECT. 5. Sections thirty-one to thirty-five inclusive Adoption of cer-
of chapter twenty-six of the Revised Laws are hereby chapter 26 of the
accepted and adopted as follows, viz.:
“SECT. 31. If, in a city the city council of which Vacancies in
votes to accept the provisions of this and the three fol- aldermen.
lowing sections or has accepted the corresponding pro-
qualified.
concurrent vote.
time of election
tain sections of
Revised Laws.
board of
102
REVISED ORDINANCES.
If mayor is not
elected, who to
perform duties.
or ward offices,
how filled.
visions of earlier laws, at or after the time for the mayor
and aldermen to enter upon the performance of their
duties, it appears that the mayor or the full number of
aldermen has not been elected, such of said officers as
have been elected shall issue warrants for the election
of a mayor or of aldermen as necessary. If none of
said officers has been elected, the president of the com-
mon council shall issue such warrants.
“SECT. 32. If no mayor has been elected, the presi-
dent of the board of aldermen'shall perform the duties
of the office until a mayor is chosen and sworn.
Vacancies in city “SECT. 33. If there is a vacancy in the board of
aldermen, in the common council, or in a city or ward
office which is to be filled by an election of the people,
the mayor and aldermen shall issue their warrant for
elections to fill such vacancy at a time and place
designated by them.
“ SECT. 34. City officers shall, notwithstanding
their removal from one ward of the city into another,
continue to perform their official duties during their
term of office.
Mayor, etc., may “SECT. 35. The mayor or an alderman or member
hold other offices
except of of the common council of a city which adopts the pro-
emolument.
visions of this section, or has adopted the correspond-
ing provisions of earlier laws, may at the same time
hold any other office under the city government to
which he may be chosen, except one of emolument.”
Removal from
ward not to dis-
qualify city
officers.
materiale son of in SECT.. 35.
DUTIES OF CERTAIN OFFICERS.
103
CHAPTER 10.
DUTIES OF CERTAIN OFFICERS.
Section.
| Section.
1. Duties of city treasurer.
5. Overseers of poor to make re-
2. Duties of collector as to paying
over.
6. Master of almshouse to be elec-
3. Overseers of the poor and school
ted annually.
committee, when to meet, etc. 7. Master of almshouse to have
4. City treasurer to advance money
the care, etc., of children
to overseers of the poor for
committed to the almshouse.
necessary expenses; money | 8. Supervisor of wires designated
to be refunded, when.
to enforce Act of 1900, ch.276.
SECTION 1. The city treasurer shall make up his Duties of city
treasurer.
accounts to and including the tenth day of December
in each year, and the fiscal year shall end on that day.
under his care, belonging to the city, to be as securely
kept as the means furnished by the city shall permit.
He shall render such services and furnish such infor-
mation respecting the accounts, finances, and payments
of the city, as either branch of the council or any com-
mittee thereof may from time to time require. He
shall once in six months, and oftener if required, lay
before the city council a statement of the condition of
the treasury, and of all moneys received and paid by
him as treasurer during the preceding six months. He
shall keep such a system of accounts as the auditor of
accounts shall direct; and he shall at all times furnish
to said auditor such information as the duties of the
auditor shall require.
SECT. 2. The collector of taxes shall, on Monday of Duties of collector
each week, pay over to the city treasurer all moneys
by him collected to said date. He shall collect and pay
over to the treasurer, (including payment on the county
tax,) one-half of the whole amount committed to him,
within three months of the time of commitment, and
one-quarter more in two months thereafter, and the
residue as soon as practicable, but no later than the
first day of December of the following year.
SECT. 3. The overseers of the poor and the school Overseers of poor
committee shall meet at least as often as once in each mittee, when to
month, for the transaction of business; and, at the com-
mencement of each municipal year, shall give public
as to paying over.
and school com
meet, etc.
104
REVISED ORDINANCES.
advance money to
poor for necessary
expenses;
money to be
refunded, when,
notice of the times and places of their meetings during
the year; and accounts and claims may be certified and
approved by them at any meeting at which a quorum
is present.
City treasurer to SECT. 4. The city treasurer shall pay over to the
overseers of the overseers of the poor, as soon after the tenth day of
December in each year as said overseers may desire,
the sum of two hundred dollars. The same shall be
paid on the written request of said overseers, and the
written order of the mayor, and be charged to the ap-
propriation for the pauper department. Said money
shall be kept by said overseers apart from any money
of their own and as the money of the city, and shall be
used only for such traveling and other necessary ex-
penses as may be called for by any emergency which
must be met at once and without the delay incidental
to the approval and payment of bills as provided by
ordinance. Whenever any expense shall have been
paid out of said fund, the bill therefor shall be approved
and paid by the treasurer, to said overseers to be placed
to the credit of said fund and to become a part thereof,
to make good the amount used by them. Said board
shall, annually, prior to the tenth day of December,
pay over to said treasurer said sum of two hundred
dollars and the same shall be placed to the credit of
said pauper department.
Overseers of the SECT. 5. The overseers of the poor shall annually,
on or before the twentieth day of December, report to
the city council their proceedings in the discharge of
the duties of their office, with a statement of their ex-
penditures, the expenses and income of the city farm,
the number of persons supported at the almshouse, and
of those wholly or partially supported out of it, and the
amount paid for the latter.
Master of alms- SECT. 6. The overseers of the poor shall annually,
as soon after their election as may be convenient, elect
some suitable person to be master of the city almshouse,
who shall hold his office for one year, and until his
successor is elected, unless sooner removed by said
overseers of the poor.
Master of alms- SECT% The master of the city almshouse shall,
etc., of children under the direction of the overseers of the poor, have
almshouse. the care, custody, and discipline of all children com-
mitted to said almshouse, under the provisions of the
Revised Laws relating to the care and education of
neglected children.
poor to make
report, etc.
Master of alms-
house to be elected
annually.
house to have care
committed to the
DUTIES OF CERTAIN OFFICERS.
105
SECT. 8. The supervisor of wires is hereby desig- Supervisor of
wires designated
nated as the officer who shall have authority to enforce to enforce Act of
1900, chapter 276.
the provisions of chapter* two hundred and seventy-six
of the Acts of the General Court of Massachusetts in
the year nineteen hundred, as now or hereafter
amended.
* See page 73.
106
REVISED ORDINANCES.
CHAPTER 11.
COMMITTEES.
Section.
Section.
1. What committees shall be ap-
powers and duties; not to
pointed.
make expenditure of over
2. Committees to report annually
$500 without vote of city
to finance committee esti-
council.
mate of amounts needed in 6. Committee on printing; powers
their several departments.
and duties. Not to make
3. Duties of committee on finance.
contract which shall exceed
4. Powers and additional duties
$200 in amount without au-
of committee on finance.
thority from city council.
5. Committee on city property ; |
What committees SECTION 1. There shall be appointed by the city
shall be
appointed. council annually in the month of January, the follow-
ing committees :-
A committee on finance to consist of the mayor,
one alderman, the president of the common council
and two members of the common council.
A committee on city property; a committee on the
fire department; a committee on the pauper depart-
ment; a committee on lighting streets, and a commit-
tee on streets and sidewalks. Each of these commit-
tees shall consist of two aldermen and three members
of the common council.
Also a committee on printing, to consist of the
mayor, the president of the common council, and one
member of the common council.
There shall be appointed annually in the month of
January by the mayor and board of aldermen a com-
mittee on sewers and drains to consist of three alder-
men.
SECT. 2. The committee on the fire department, the
report annually
committee on lighting streets, the committee on the
pauper department, the committee on streets and side-
walks, and the committee on sewers and drains shall
annually, in the month of February, prepare and com-
municate to the committee on finance an estimate of
the amount of money necessary to be raised for the
then current fiscal year, for the use of their respective
departments.
Duties of com SECT. 3. The committee on finance shall annually,
mittee on finance..
uce in the month of March or April, prepare and lay be-
Committees to
to finance com-
mittee estimate
of amounts
needed in their
several depart-
ments.
COMMITTEES.". .
107
tional duties of
finance.
fore the city council an estimate of the amount of
money necessary to be raised for the then current fis-
cal year, under the various heads of appropriations,
and the ways and means of raising the same; and
shall also in the month of December annually pre-
pare, to be laid before the city council, a statement of
all the receipts and expenditures of the fiscal year then
passed, giving in detail the amount of appropriation
and expenditure for each department, and said state-
ment shall be accompanied with a schedule of the
property, real and personal, belonging to the city, and
the value thereof, and of the amount of the city debt.
SECT. 4. The committee on finance shall have ac- Powers and addi-
cess to all books and papers in the official keeping or committee on
possession of any officer of the city, and shall have the
right, and it shall be their duty, as often as once in
each year, to inspect the notes and securities in the
official charge of the city treasurer, and they shall
have the power to require new or additional security
for any debt due the city, whenever in their opinion
the interests of the city require it.
SECT. 5. The committee on city property shall have committe on --
the care and custody of all the public property, except powers and
as otherwise provided by law or ordinance; and shall
provide all the labor and purchase all the materials
necessary for repairing the same, and shall superin-
tend all the repairs thereof; provided, that no ex- not to make
penditure exceeding five hundred dollars shall at any over $500 without
time be made, in the alteration or repair of any build- council.
ing, without a vote of the city council expressly au-
thorizing the same.
SECT. 6. It shall be the duty of the committee on Committee on
printing to contract for the city printing ; to see that and duties.
the work performed and the materials furnished are
in conformity with the terms of the contract, and to
approve all bills for printing; provided, said commit- Not to make con-
tee shall make no contract for printing which shall ex-
ceed two hundred dollars in amount, without first ob-
taining authority therefor from the city council.
city property;
duties;
expenditure of
vote of city
printing; powers
tract which shall
exceed $200 in
amount without
authority from
city council.
108
REVISED ORDINANCES
CHAPTER 12.
CITY AUDITOR.
Section.
Section
1. Appointment of city auditor ; | 3. In case of vacancy or inability,
shall be sworn.
auditor pro tempore sball be
2. Duties and powers.
appointed.
Appointment of
city auditor.
Shall be sworn.
Duties and
powers.
To examine claims
against city;
SECTION 1. There shall, annually during the month
of January, and whenever a vacancy may occur, be
appointed by the mayor, with the approval of the
board of aldermen, an auditor of accounts for the city
of Springfield who shall be a resident thereof, and who
shall continue in office for one year from the first of
the current January and until his successor is appoint-
ed and qualified. Before entering upon the duties of
his office he shall be sworn to the faithful discharge
thereof.
SECT. 2. It shall be the duty of said auditor to care-
ims fülly examine all claims against the city (except those
of the water department, those that have been settled
by the board on claims or by vote of the city council,
and those that are otherwise provided for by chapter
No. 3), and ascertain whether all prices charged are
fair, and the claims just, reasonable, properly incurred,
and correct. If he shall be thus satisfied, he shall
approve the same by affixing his signature thereto in
writing; and if not approved by him, he shall forth-
with notify the party certifying the claim of the
reasons for his disapproval thereof. He shall, in the
months of March, June, September and December of
each year, and at such other times as he may desire, ex-
amine the accounts, vouchers, receipts and cash of the
treasurer, and all securities in his possession, and
the accounts of the water department, and report to
the committee on finance the result of such examina-
tions; and during the months of June and December
of each year, and at such other times as the committee
on finance request, he shall examine the accounts of
the collector of taxes and of all other parties account-
able to the city for money collected or received, and
to examine
accounts, etc., of
treasurer and
water depart-
ment;
to examine
accounts of col-
lector of taxes.
CITY AUDITOR.
109
to books, etc.
accounts;
CO
report the result of such examinations to said com-
mittee. He shall, so far as may be necessary for the Shall have access
proper performance of his duties, have access to all
books, documents, and vouchers in the possession of
any party whose accounts he is authorized to examine
and which relate to said accounts. He shall keep Shall keep
proper books of account in double entry, in which he
shall charge against their respective appropriations all
claims approved by him as aforesaid, and shall keep
such other accounts as he may deem advisable or the
committee on finance direct. He shall on or before and reportiv
the third Monday in December of each year, and council.
oftener if they request, lay before the city council a
statement certifying that he has examined and audited
said accounts and the condition thereof, and make a
report of the receipts and expenditures for the financial
year.
SECT. 3. In case of a vacancy in said office of In case of vacancy
auditor, or of his inability to perform his duties by tor pro tempore
reason of sickness or absence, the duties of the office
shall be performed by an auditor pro tempore, who
shall be appointed by the mayor and approved by the
board of aldermen, and who shall be paid out of the
salary of the auditor unless otherwise ordered by the
city council.
shall be appointed.
110
REVISED ORDINANCES.
CHAPTER 13.
ASSESSORS AND ASSISTANT ASSESSORS.
ors, when and
how elected.
organize, and
and secretary.
Section.
Section.
1. Assistant assessors, when and 5. Secretary to certify as to service
how elected.
of assistant assessors.
2. Assessors to meet, organize, and | 6. Assessors to complete assess-
choose chairman and secre-
ment, etc., by Sept. 1, an-
tary.
nually.
3. Duties of secretary.
7. May abate taxes; shall report
4. Duties of assistant assessors.
abatements to city council.
Assistant assess- SECTION 1. In the month of January, or within
sixty days after the organization of the council in each
year, there shall be elected by the city council, in joint
convention, eight assistant assessors, who shall hold
office for one year from the first day of April in the
year of their election. They shall be resident citizens
of Springfield, and shall severally receive for each
day's service such sum as the city council shall from
time to time by ordinance determine.
Assessors to meet, SECT. 2. The assessors shall meet as soon as prac-
choose chairman ticable after their election, and organize themselves
into a board, to be called the board of assessors, by the
choice of a chairman and secretary from among their
own number.
SECT. 3. It shall be the duty of the secretary of the
board thus organized to keep the records of its doings
in a book provided for the purpose, recording them in
the order in which they occur.
Duties of assistant SECT. 4. It shall be the duty of the assistant as-
sessors to aid the assessors in taking the lists of the
polls and appraising the value of the real and personal
estate, and to perform such other duties connected
with the assessment of taxes as the board of assessors
may require. And each assistant assessor shall be em-
ployed for such time as the assessors shall deem
necessary.
SECT. 5. It shall be the duty of the secretary of the
board of assessors to certify the number of days that
the assistant assessors have severally devoted to the
service of the city; and the said assistant assessors
shall severally receive pay only for such number of
days' service as shall have been so certified.
Duties of secre-
tary.
assessors.
Secretary to
certify as to sery-
ice of assistant
assessors.
ASSESSORS AND ASSISTANT ASSESSORS.
111
plete assessment,
annually.
SECT. 6. The assessors shall annually complete the Assessors to com-
assessment of taxes and commit the same with the etc., by Sept. 1,
warrants to the collector by the first day of September.
SECT. 7. The assessors of each year are authorized May abate taxes:
in their discretion to abate any taxes assessed by a
them, and they shall report a list of such abatements city council.
to the city council on or before the first day of Decem-
ber in each year.
shall report
abatements to
112
REVISED ORDINANCES.
CHAPTER 14.
CITY MESSENGER.
etc.
City messenger
when and how
elected;
term of office.
ing notices etc.
Section.
Section.
1. City messenger, when and how 5. Shall receive no fees, except,
elected; term of office.
2. Duties as to serving notices, etc. 6. Duties as to grounds, etc.,
3. Duties as to care of rooms, and
around city hall.
attendance upon city council. | 7. Duties as to warming and light-
Duties as to city hall when
ing city hall building, and as
rented. May procure assist-
to ward rooms.
ance in certain cases.
SECTION 1. There shall be elected annually on the
first Monday of February, or within sixty days there-
after, by concurrent vote of the two branches of the
city council, a messenger, who shall hold his office for
one year from the first Monday in April of the year in
which he is chosen, and until another is chosen and
qualified in his stead, unless sooner removed by the
vote of the city council.
Duties as to serv- SECT. 2. The messenger shall receive, deliver and
execute all notifications, summonses and precepts, the
service of which is not otherwise provided for, issued
by the mayor, the president of the common council,
the city council or either branch thereof, or by any
committee of the same, and make due return thereof.
He shall notify all committees of their meetings, upon
request of the city clerk, clerk of the common council,
or the chairman of such committee. He shall receive
and deliver all notifications to officers elected or ap-
pointed by the city council, or either branch thereof,
and to all officers elected at ward meetings, except as
otherwise provided by law or ordinance.
SECT. 3. He shall prepare and arrange the rooms
in which the city council shall hold their sessions, or
in which any committee of either branch shall hold its
meetings, and see that the same are properly and
seasonably warmed and lighted. He shall attend upon
both branches of the city council while in session, and
upon either branch when in session separately, and,
under direction of the proper committee or officers,
provide such things as may be necessary for their
accommodation, or for the accommodation of com-
mittees while in session.
Duties as to care
of rooms and
attendance upon
city council.
CITY MESSENGER.
113
hall when rented.
assistance in
certain cases.
r
fees except, etc.
SECT. 4. Whenever the hall or any rooms connected Duties as to city
with the city hall building are rented, and it is required May procure
that the settees be moved or the floors was
when the duties named in this chapter by him to be
performed are such that he is unable personally to per-
form them all, he may, with the consent of the com-
mittee on city property, procure such assistance as
may be necessary in addition to his own labor, and the
bills therefor, when properly approved, shall be paid
by the city treasurer.
SECT. 5. He shall in no case receive any fee for his Shall receive no
own services in or about the city hall building except
for services at balls, fairs, or festivals after the hour
of nine o'clock, P. M.
SECT. 6. It shall be his duty to keep the grounds Duties as to
around the city hall building in good order, and the around city hall.
walks and steps free from snow and ice. It shall also
be his duty to take care of the city hall clock.
SECT. %. He shall keep all the rooms in the city hall Duties as to
building properly warmed and lighted whenever used lighting city hall
building, and as to
for city purposes, or by permission of the city authori- ward rooms.
ties, both week days and Sundays, and shall see that
at all times they are kept clean and in good order. He
shall prepare the rooms selected for ward meetings,
and have the same properly warmed and lighted, and
put in good order when the meetings have adjourned.
muna anadan om
grounds, etc..
warming and
114
REVISED ORDINANCES.
CHAPTER 15.
ASSISTANT CITY CLERK.
Assistant city
clerk, how and
when appointed
term of office,
and removal.
Section.
Section.
1. Assistant city clerk, how and 2. Duties; compensation.
when ' appointed; term of
office, and removal.
SECTION 1. There may be appointed from time to
time as occasion may require, an assistant city clerk
for the city of Springfield. Said assistant shall be
nominated by the city clerk to the board of aldermen,
confirmed by said board and sworn to the faithful dis-
charge of his duties. He shall hold his office for such
time as the occasion may require, to be determined by
the city clerk, by whom he may be removed at any
time, subject to the approval of the board of aldermen.
SECT, 2. It shall be the duty of said assistant city
clerk to assist the city clerk in recording, indexing
and certifying mortgages of personal property, assign-
ments of wages and other documents required by law
to be recorded, and also, if necessary, to attest docu-
ments as provided in section sixteen of chapter twenty-
six of the Revised Laws, and perform all other duties
pertaining to the office of city clerk when thereto
requested by him, or when the office of city clerk shall
be vacant from any cause; and said assistant city
clerk's compensation for services shall be paid from
such sum as the city council has allowed or may here-
after allow for clerical assistance in the city clerk's
office.
Duties;
compensation,
ENGINEERING DEPARTMENT.
115
CHAPTER 16.
ENGINEERING DEPARTMENT.
Section.
| Section.
1. Engineering department to be 8. City engineer to examine
in charge of city engineer,
bridges and report, when.
how and when chosen; com | 9. City engineer shall assign a
pensation, term of office.
number to tenements and
2. City engineer to have charge of buildings. How numbers
plans, etc., shall index them,
shall be assigned. Shall not
may make rules to insure
renumber a street without
their safety.
order of mayor and alder-
3. All plans, etc., to be property
men.
of city.
10. Mayor and aldermen may
4. Board of supervisors, powers
order a street renumbered.
of. City engineer, duties of, 11. Owner or occupant of building
in general.
or tenement shall place and
5. Employment and compensa-
maintain thereon numbers
tion of assistants; incurring assigned by city engineer.
expenses within appropria 12. Penalty.
tion, etc.
13. City engineer may place num-
6. City engineer, duties as to
ber on building or tenement.
public works, bridges, etc.; 14. Record of numbering.
shall certify as to perform-
ance of city contracts.
15. City engineer to report annu-
ally.
7. Notice of encroachments on
public streets.
SECTION 1. The engineering department shall be Engineering de-
partment to be in
under the charge of the city engineer, who shall be a charge of city
engineer, how and
resident of Springfield and shall be chosen annually by when chosen;
concurrent vote of the city council. He shall be
removable at the pleasure of the city council, and shall
receive such compensation as the city council may
determine. He shall hold his office until a successor is compensation,
term of office.
appointed, unless sooner removed.
SECT. 2. The city engineer, under the direction of City engineer to
have charge of
the city council, shall have charge of all the plans, plans, etc.;
profiles, field notes, measurements and other data, of
streets, sidewalks, drains, sewers, culverts, bridges,
and structures of every kind, not specifically belong-
ing to other departments, and shall keep the same
properly classified and indexed, and he may make such shall index them;
rules and regulations, concerning the taking of plans to insure their
safety.
from his office, as he may deem necessary to insure
their safety.
SECT, 3. All plans, delineations, estimates and re- All plans, etc.,
ports together with all field books, notes and other of
on to be property
may make rules
116
REVISED ORDINANCES.
Board of super-
1
memoranda made by the city engineer or any of his
assistants in connection with their official duties, shall
be and remain the property of the city.
SECT. 4. The board of supervisors of highways and
visors, powers of.
bridges shall exercise a general supervision over all
City engineer, matters within said department. The city engineer
duties of, in
general.
shall, under the direction of said board of supervisors,
make the surveys, measurements, levels, and esti-
mates, and perform the other ordinary duties of a civil
engineer, in the laying out, establishing and construct-
ing of streets, sidewalks, drains, sewers, and the
constructing of other public works delegated to or
undertaken by his department, and shall, either by
himself or his assistants, make such surveys, plans,
profiles, estimates and descriptions as may be required
of him by the mayor and aldermen, the city council or
any committee thereof, and the city solicitor, and he
shall perform all such other services for the city which
properly come under the direction of a civil engineer,
as may be required of him by the mayor, board of
aldermen, city council, or any committee thereof, the
city solicitor, or board of water commissioners.
SECT. 5. He may, from time to time, employ such
assistants as he shall require in the performance of
his duties, and shall determine their compensation, in
accordance, however, with the ordinances of the city,
and within the appropriation for said department, and
subject to the approval of the board of supervisors.
incurring ex He may expend such sums for materials or incidental
penses within
appropriation, etc. expenses as may be necessary ; provided, however,
that all such expenditures for employment of assist-
ants and for materials and other incidentals shall be
limited to the amount actually appropriated by the city
council for the engineering department, and shall be
subject to the approval of said board of supervisors.
City engineer, SECT. 6. Unless otherwise specially provided, he
duties as to pub-
lic works, bridges, shall take charge of the construction of all public
works of the city which properly come under the di-
rection of a civil engineer ; shall perform all engineer-
ing services and make all examinations and prepare all
statements, plans, specifications and contracts which
any department may need in the discharge of its duties;
shall supervise all repairs on the bridges used as high-
ways, which affect the safety of the structure, and
when required by the mayor, or by any officer or board
in charge of a department, shall measure the work
Employment and
compensation of
assistants;
etc.;
ENGINEERING DEPARTMENT.
117
performance of
croachments on
U1
shall assign a
ments and build-
shall be assigned.
done by contract for the city, and certify to the results shall certify as to
of such measurements, and perform such other services city contracts.
as may be required.
SECT. 4. Whenever he shall ascertain that any Notice of en-
building or structure has been placed within the lines public streets.
of a public street, or so that it may cause injury thereto
or inconvenience to travelers thereon, he shall imme-
diately give notice thereof in writing to the mayor.
SECT. 8. He shall annually, or oftener if required City engineer to
examine bridges
by the board of supervisors, carefully examine all and report, when.
bridges within the city limits, and make such reports
to said board respecting their condition as to safety,
need of renewal or repairs, as the case may require.
SECT. 9. It shall be the duty of the city engineer City engineer
to assign numbers to all tenements and buildings on number to tene-
streets in the city of Springfield, except the sparsely ings.
settled portions thereof. Said numbers shall each How numbers
cover a frontage of twenty feet, more or less, at the
discretion of the city engineer, and be measured con-
tinuously from end to end of the street, with the odd
numbers on the southerly and easterly sides, and the
even numbers on the northerly and westerly sides of
all streets, so far as practicable. On any streets already
wholly or partially numbered, said city engineer shall
assign such numbers as he shall deem best to correspond
with the majority of numbers already in use on said
street; he shall also assign a new number wherever
he finds that the number in use fails thus to correspond.
but he shall not have authority to renumber a street Shall not renum-
unless such renumbering is ordered by the mayor and out order of mayor
aldermen.
SECT. 10. The mayor and aldermen may order a Mayor and alder-
street renumbered whenever they deem it necessary. street renum-
SECT. 11. The owner and occupant of every tene-
ment and building situated within the limits prescribed, pant of building,
shall cause to be placed and maintained on or over the place and main-
outside doors fronting the street, or on front corners of numbers assigned
by city engineer.
every tenement or building having their entrances on
the sides thereof, such number or numbers as may be
assigned thereto by the city engineer, under any of
the provisions of this chapter, said numbers or figures
not to be less than three inches in height, and to be so
placed as to be easily observed from the street in front
of the premises."
SECT. 12. Whoever shall refuse or neglect to com- Penalty.
ply with the provisions of this chapter within thirty
ber a street with-
and aldermen.
men may order a
bered.
Owner or occu-
or tenement shall
tain thereon
118
REVISED ORDINANCES.
place number on
ment.
days after a notice in writing delivered to the owner
or occupant of such tenement or building of the num-
ber or numbers so assigned by the city engineer, shall,
for each and every offense, forfeit and pay a penalty
of not less than two nor more than twenty dollars.
City engineer may SECT. 13. If the owner or occupant of any tene-
building or tene ment or building fails to number the same in accord-
ance with the provisions of this chapter, it shall be the
duty of the city engineer, or his authorized agent, to
place the proper number or numbers thereon, and the
cost thereof may be assessed by the mayor and alder-
men upon said owner or occupant.
Record of number- SECT. 14. The city engineer shall keep a suitable
record in his office of all numbering.
City engineer to SECT. 15. The city engineer shall annually, in the
month of December, present to the city council, a re-
port in relation to his department, showing the num-
ber of persons employed, the detailed expenses of the
department, the general nature of the work, the prop-
erty under his charge, the condition of all structures
that come under his supervision that are in process of
construction, or that have been completed during the
previous year, and such other general information in
relation to the same, as he may deem expedient, or as
said board of supervisors may require.
VI
Record of number-
ing.
report annually.
CITY PHYSICIAN.
119
CHAPTER 17.
CITY PHYSICIAN.
Section.
Section.
1. City physician, when and how | 2. Shall be citizen and doctor of
appointed ; tenure of office;
medicine and ex officio mem-
vacancies, how filled ; nomi-
ber of board of overseers of
nations in case of vacancies.
the poor Duties.
| 3. Salary.
when and how
of office; vacan-
nominations in
SECTION 1. The mayor, with the approval of the City physician,
board of aldermen, shall, upon the expiration of the appointed; tenure
term of office of the present city physician, and every cies, how filled;
third year thereafter, on, or within sixty days after case of vacancies.
the first Monday of February, appoint some suitable
person to be city physician for the term of three years
from the first Monday of April then following; and
the person so appointed shall hold office for the term
aforesaid and until his successor is duly appointed in
his stead ; provided, however, that he may be at any
time removed, for cause, by the mayor, with the ap-
proval of the board of aldermen; and in case of any
vacancy arising from any cause in the office of city
physician, a new appointment, in the manner of the
original appointment, may be made to fill the same for
the remainder of the unexpired term, and a nomina-
tion therefor shall be made by the mayor, within thirty
days after the occurrence of such vacancy or the re-
jection of any previous nomination.
SECT. 2. The city physician shall be a citizen of shall be citizen
Springfield and a doctor of medicine, and shall be ex medicine and ex
officio, a member of the board of overseers of the poor. board of overseers
It shall be his duty, in addition to the duties which de-
Duties;
volve upon him by statute and as a member of said
board, to attend upon all patients and insane persons
under the care of the overseers of the poor, at the
almshouse or elsewhere ; and to report annually, in annual report;
the month of January, to the city council a list of the
deaths of such patients occurring in the city during
the preceding calendar year, stating the age, sex and
cause of death of each person, as far as ascertainable,
and also to render a report to the city council of the
and doctor of
officio member of
of the poor.
120
REVISED ORDINANCES.
candidates for
partments;
tated employees
treatment at
police station;
certificates of
death;
professional services performed by him during the
year with such suggestions and recommendations as
vaccination; he may deem advisable. He shall vaccinate all such
paupers as the overseers of the poor may require, and
all pupils of the public schools who may be sent to him
for that purpose by the order of the school committee,
and shall give certificates to all such pupils as he shall
examination of have effectually vaccinated. He shall examine all
police and fire de- candidates for appointment to the police force and the
fire department; shall examine and report upon the
condition of all members of the police force and the
fire department and all employees of the city who
and of incapaci- may claim to be incapacitated from the performance
of the city;
of their several duties, when requested ; shall attend
and render all necessary medical and surgical treat-
ment at the police station to police officers injured
while on duty, and to prisoners and other persons tem-
porarily in charge of the police upon the request of the
officer in charge of the station; and, upon due appli-
cation, shall execute the certificate of the cause of
death to the best of his knowledge and belief, when
no physician has been in attendance upon a person
dying in the city. He shall, upon request of the mayor
cases of personal or city solicitor, examine and investigate the condition
of all persons who may sustain injuries by reason of
accidents whereby the city may become liable, and
render a written report thereon; and shall, as witness
or otherwise, render such professional aid in court or
elsewhere as the city solicitor may request in all suits
or matters wherein the city is interested. In case of
the prevalence or impending of any infectious or con-
tagious disease within the city, he shall give to the
mayor and to either branch of the city council, and to
the board of health, and its physician, all such profes-
sional advice and counsel as may be required by any
of them, He shall also perform such other professional
services for the city as may be required by the mayor,
the city council, the board of overseers of the poor, the
ordinances or by-laws.
SECT. 3. The city physician shall receive such salary
as the city council may from time to time by ordinance
determine, which shall be in full for all services per-
formed by him.
to examine and
report in certain
injury;
contagious dis-
eases, etc.
Salary.
CITY FORESTER.
121
CHAPTER 18.
CITY FORESTER.
direction of
Section.
Section.
1. Appointment; duties, tenure of | 3. Wires, etc., not to be attached
office.
to trees without his consent.
2. To act under direction of super-
Wires now attached to trees
visors of highways and
may be removed.
bridges.
| 4. Penalty.
SECTION 1. There shall annually, during the month Appointment;
of January, and whenever a vacancy may occur, be
appointed by the mayor, with the approval of the board
of aldermen, a city forester to have the care of the duties;
trees belonging to the city, and to act under the pro-
visions of section ten of chapter fifty-one of the Re-
vised Laws. He shall continue in office for one year and tenure of office.
until his successor is appointed and qualified; provided,
however, that the mayor may remove him at any time.
SECT. 2. The city forester shall act under the di. To act under
rection of the supervisors of highways and bridges, and supervisors.
devote his entire time to the service of the city, and
perform such other duties in addition to his services as
city forester as the said supervisors may direct.
SECT. 3. No electric wires, cables, guys, poles, cross Wires, etc., not to
arms, brackets, insulators or other wires or fixtures trees without his
shall be attached to or come in contact with any tree
standing for use or ornament in any public street, lane,
court, park, or other public place in the city, without
the consent of the city forester.
All wires, cables, guys, and wire fixtures now at- Wires now
'tached to or in contact with such trees shall be remov- may be removed.
ed when so ordered by the city forester, and it shall be
the duty of the supervisor of wires to remove such
wires, cables, guys, and fixtures when requested so to
do by the city forester; the cost of such removal to be
charged to the company owning such wires, cables, or
fixtures.
SECT. 4. Whoever violates the provisions of the Penalty.
preceding section shall forfeit not less than five nor
more than twenty dollars for each offense..
be attached to
a
consent.
attached to trees
122
REVISED ORDINANCES.
CHAPTER 19.
SUPERINTENDENT OF STREETS.
To be chosen an-
council.
Section,
1. To be chosen annually by city 4. Duties as to stables, horses, etc.;
council; tenureof office How
as to cleaning streets, etc.
removed; vacancy,how filled. 5. Duties as to accounts; to report
2. Assistants may be appointed.
annually as to expenses, work
Compensation.
done, and property under his
3. Duties of superintendent in
charge.
general; to make contracts
for labor, etc.
SECTION 1. There shall be chosen annually on the
nually by city
first Monday of February or within sixty days there-
after, by concurrent vote of the two branches of the
city council, a superintendent of streets, who shall,
Tenure of office. unless sooner removed, hold his office for one year
from the first Monday of April in the year in which he
shall be chosen, and until his successor is chosen and
How removed; qualified. He shall be removable at the pleasure of the
vacancy, how
filled.
city council, and a vacancy may be filled at any time
for the unexpired term; said superintendent shall re-
ceive such compensation for his services as the city
council shall from time to time determine.
Assistants may be SECT. 2. The said superintendent is authorized to
appointed;
appoint, subject to the approval of the board of alder-
men, two assistants to act under his control and direc-
compensation. tion, who shall receive such compensation as the city
council may from time to time determine. The said
assistants may be removed at any time by the said
superintendent, or the board of aldermen.
Duties of superin- SECT. 3. It shall be the duty of the superintendent
tendent in general.
of streets, under the general care and direction of the
the general state of the streets, roads, sidewalks, lanes,
bridges, public places, and squares of the city ; to at-
tend to the making, widening, or alteration of the
same; to cause the same to be kept in good, sufficient,
To make contracts and suitable repair; and when so ordered, to make all
contracts for the supply of labor and materials therefor.
Duties as to sta- SECT. 4. The said superintendent, under the control
tc.; and direction of the said board of supervisors, shall
have the care and superintendence of the city stables,
for labor, etc.
bles, horses, etc.;
SUPERINTENDENT OF STREETS.
123
horses, carts, vehicles, tools, implements, and other
property of the city, belonging to or attached to this
department, and shall see that the same are kept in
good order and condition, and shall make all necessary
arrangements for cleaning the streets, and disposing as to cleaning
of manure, refuse and street dirt.
SECT. 5. The said superintendent shall keep an Duties as to
accounts.
exact account of the expenditures in this department,
with the names of all persons who have furnished
materials, and of all workmen, and the amount due to
each individual, and shall lay the same before the said
board of supervisors, for their examination and allow-
ance, at such times as the said board may direct; and
he shall, annually on or before the last Monday in De- To report annually
cember, make and render to the city council a report work done, and as
containing a general statement of the expenses of this his charge.
department during the preceding fiscal year, and speci-
fying, as near as may be, the amounts expended upon
different streets for sidewalks, number of feet of curb-
stones laid, number of yards of paving and cost of
same, and such other information as he may consider
desirable, together with a schedule, in detail, of the
property under his charge belonging to the city.
to property under
124
REVISED ORDINANCES.
CHAPTER 20.
SCHOOLS.
Section.
1. School committee, of whom to
consist.
2. How and when to be elected.
How divided among wards.
Tenure of office.
3. "At large” and “ward" com-
mittee, how designated on
ballots.
4. Committee to present annually
estimates of expenses for
schools, etc., to finance com-
mittee.
5. Not to fix salaries of teachers
to exceed appropriations.
6. Superintendent of schools, how
appointed; powers; to have
money for expenses in case
of emergency ; bills to be ap-
proved in usual manner;
money advanced to be re-
turned.
7. Schoolhouse agent, how and
when to be elected ; to have
charge of schoolhouses, etc,
subject to committee.
Section,
8. Schoolhouse agent, duties of.
9. Restriction upon agent as to
expenditures upon school-
houses, etc.
10. Restriction upon agent as to
expenditures for articles for
use of schools.
ll. Restrictions as to expenditures
by committee on city prop-
erty; what bills may be
contracted and approved by
committee on city property ;
what by school committee.
12. Agent to keep accounts, open
to inspection.
13. To report annually to city
council.
14. Accounts and books of agents,
by whom to be examined.
15. Terms on which children re-
siding on United States
grounds may be sent to pub-
lic schools.
of whom to con-
sist.
be elected.
among wards.
School committee, SECTION 1. The school committee of the city shall
consist of nine persons, one of whom shall be chosen
from the city at large, and one from each of the several
wards.
How and when to SECT. 2. The school committee shall be elected at
large, by the qualified voters of the city. At the
annual election on the Tuesday after the first Monday
of December in the year one thousand nine hundred
How divided and six, there shall be chosen members of the commit-
tee from Wards One and Two, and the member from
the city at large. At the annual election in the year
one thousand nine hundred and four, there shall be
chosen members of the committee from Wards Three,
Four, and Five; at the annual election in the year one
thousand nine hundred and five, there shall be chosen
members of the committee from Wards Six, Seven, and
Tenure of office. Eight, each of whom shall hold his office for three
years from the first Monday of January succeeding his
election; and at each subsequent election there shall
SCHOOLS.
125
pated on ballots.
present annually
penses for schools,
committee.
tions.
be elected three members of the school committee to
hold their office for the term of three years, as succes-
sors to those whose term of office expires with the then
current municipal year.
SECT. 3. In voting for the school committee at the “At large” and
"ward" com-
annual city election, the name of the candidate for mittee, how desig-
member of the committee from the city at large shall
be indicated on the ballot by the words “at large”
and the names of those who are candidates for mem-
bers of the committee from the several wards re-
spectively shall be indicated by the numbers of the
wards from which they are respectively to be chosen.
SECT. 4. Said committee shall annually in the Committee to
month of February present to the committee on finance estimates of ex-
an estimate in writing of the expenses of the public etc., to finance
schools for the then current fiscal year, stating the C
amount required for salaries for the teachers, for inci-
dental expenses, and for the alteration and repair of
schoolhouses.
SECT. 5. Said committee shall not fix the salaries of Not to fix salaries
the teachers in the public schools at such rates that the ceed appropria-
aggregate amount of all said salaries shall in any
fiscal year exceed the sum named for that purpose in
the annual appropriation.
SECT. 6. Said committee shall, annually in the Superintendent of
schools, how ap-
month of January, appoint a superintendent of public pointed.
schools who, under the direction and control of said Powers.
committee, shall have the care and supervision of the
schools.
The city treasurer shall pay over to said superin- To have money for
tendent, as soon after the tenth day of December in of emergency.
each year as said superintendent may desire, the sum
of one hundred dollars ; the same to be paid on the
written request of the school committee, approved by
the mayor, and to be charged to the appropriation for
schools for the then current fiscal year. Said money
shall be kept by said superintendent apart from any
money of his own and as the money of the city, and
shall be used only for such necessary expenses as may
be called for by any emergency which must be met at
once without the delay incidental to the approval and
payment of bills as provided by ordinance.
Whenever any expense shall have been paid out of All bills to be ap-
said fund, the bill therefor shall be approved, and paid manner.'
by the treasurer, as provided by ordinance, the same
as if it had not been paid out of said funds; and the
expenses in case
proved in usual
126
REVISED ORDINANCES.
Money advanced
to be returned.
Schoolhouse
elected; to have
houses, etc.
amount thereof shall be paid to said superintendent to
be placed at the credit of said fund and to become a
part thereof to make good the amount used by him.
Said superintendent shall, annually, prior to the
tenth day of December, pay over to said treasurer said
sum of one hundred dollars, and the same shall be
placed to the credit of said school department.
SECT. %. A schoolhouse agent shall be elected by
when to be a the city council, by joint ballot in convention, annu-
charge of school- ally on the first Monday in February or within sixty
days thereafter, who shall on behalf of the city have
charge and control of the schoolhouses in the city, and
of the property contained in and connected with the
same, subject however to the direction of the school
committee in respect to their use and occupation.
SECT. 8. It shall be the duty of the schoolhouse
agent to keep the schoolhouses of the city and the
grounds about the same, and the fences and out-build-
ings on said grounds, in good order and repair; and,
when it cannot otherwise be done, to employ addi-
Schoolhouse
Restriction upon
agent as to ex-
schoolhouses, etc
for; to distribute fuel and to provide and distribute,
under the direction of the superintendent of schools, all
things necessary and proper for use in said schools,
subject, however, to the provisions hereinafter con-
tained.
SECT. 9. Said agent shall not make, cause to be
penditures upon made, or contract for any alterations or repairs, nor
incur any expense in, upon, or for the furnishing or
embellishing of said houses, or upon said grounds,
fences, or out-buildings that shall involve an outlay of
more than twenty-five dollars at any one time or for
any one object, without first obtaining the written
assent thereto of the committee on city property or a
majority of said committee.
Restriction upon SECT. 10. Said agent shall not purchase or contract
for any article or thing for use in said schools except
such as are necessary for the purposes of the daily
exercises therein, and the payment for which shall not
involve an outlay of more than five dollars at any one
time, without first obtaining the written assent thereto
of the superintendent of schools.
Restrictions as to SECT. 11. The committee on city property shall not
committee on city authorize, direct, or make any expenditure, or contract
property.
for work or labor, or the furnishing of anything, for,
in, upon, or about said schools, or houses, or grounds,
agent as to ex-
penditures for
articles for use of
schools.
expenditures by
SCHOOLS.
127
janitors.
committee.
accounts open to
or fences, or out-buildings, to an amount exceeding five
hundred dollars, without an order first had from the
city council therefor; provided, however, that said Proviso, as to
committee may and shall contract with and employ v
such janitors for the said schoolhouses as the said
committee shall by vote decide to be necessary and
shall have approved, and at such compensation as
said committee may from time to time by vote direct.
Said committee on city property shall contract for and what bills may be
contracted and ap-
approve all bills for janitors' salaries, all bills for fuel, proved by com-
mittee on city
all bills for light, all bills for repairs of buildings, fix- property;
tures, and fences,- and only such bills. The school what by school
committee shall contract for and approve all other bills
for the schools and their maintenance and the occupa-
tion and use of the school buildings and grounds.
SECT. 12. Said schoolhouse agent shall keep an Agent to keep
accurate and systematic account of all work done in, inspection, etc.
upon, and about said schoolhouses, grounds, fences,
and out-buildings, and of all expenditures made, au-
thorized, or contracted for, by or through him, under
the provisions of this chapter, which said account and
books shall be at all times open to the inspection of
the mayor, the committee on city property, the super-
intendent of schools, and the auditor of accounts, and
shall, at the expiration of the municipal year, be deliv-
ered to, and shall thereafter be kept in the office of the
city treasurer.
SECT. 13. Said agent shall, on the second Monday to report annually
of December in each year, submit to the city council a
to city council.
report of his doings and of all expenditures made by
or through him as such agent, during such year, which
report shall state, in detail, the amounts which have
been expended upon or for each school, schoolhouse
grounds, fences and out-buildings under his charge.
SECT. 14. It shall be the duty of the chairman of Accounts and
the committee on city property and the superintendent whom to be ex-
of schools, either separately or together as may be
convenient, as often as once in each month, to exam-
ine and inspect the accounts and books of said agent
and, at their discretion, to report thereupon to the city
council.
SECT. 15. Citizens residing on United States grounds Terms on which
within the limits of the city, may send their children on United States
to the public schools, on payment annually to the city sent to public
collector for each child so sent, of a sum equal to the
actual cost incurred by the city for each scholar the
books of agent, by
amined.
children residing
grounds may be
schools.
128
REVISED ORDINANCES.
previous year; and this sum shall be determined by
dividing the amount of the appropriation for schools,
together with interest on the valuation of school prop-
erty, by the whole number of pupils attending the
schools. Pupils from the United States grounds shall
enjoy the same privileges and be subject to the same
restrictions as other pupils.
TRCANT CHILDREN AND ABSENTÉES · FROM SCHOOL.
129
CHAPTER 21.
TRUANT CHILDREN AND ABSENTEES FROM SCHOOL.
punished.
Section.
Section.
1. Truant children and absen- | 2. Truant school assigned as place
tees, how punished.
for instruction, etc.
SECTION 1. Any minor child residing in the city of Truant children
Springfield, between the ages of seven and sixteen from school, how
years, who shall be guilty of being an habitual truant,
or of wandering about in the streets or public places
of the city, having no lawful occupation or business,
not attending school, and growing up in ignorance,
shall, upon conviction thereof, be punished by a fine
not exceeding twenty dollars, or, instead thereof, may
be committed to the county truant school for such
having jurisdiction thereof may determine.
SECT. 2. The county truant school on Armory Truant school as-
signed as place for
street in said city is hereby assigned as an institution instruction, etc.
for instruction, house of reformation, and suitable
place for the confinement, discipline, and instruction
of such children.
130
REVISED ORDINANCES.
CHAPTER 22.
BOARD ON CLAIMS.
Section.
1. Of whom to consist; vacancies,
how filled.
2. To investigate claims for dam-
ages; may settle claims not
exceeding $500 in amount.
Section.
May agree for settlement of
claims in excess of $500, sub-
ject to ratification by city
council.
Of whom to con-
sist; vacancies,
how filled.
To investigate
claims for dam-
claims not exceed-
amount.
SECTION 1. A board on claims is hereby established
which shall consist of the mayor, the president of the
common council, and one member of the board of alder-
men. The latter shall be elected by viva voce vote by
the board of aldermen annually in the month of Jan-
uary, to serve during the municipal year, and if he
shall resign, or become disqualified, the vacancy shall
be filled by election by the board of aldermen.
SECT. 2. It shall be the duty of said board to inves-
ages; may settle tigate forthwith all claims for damages either to per-
ing $500 in sons or property that shall be made against the city,
and all facts relating thereto; said board shall be au-
thorized to settle all such claims where the sum paid
shall not exceed five hundred dollars; and their order
upon the city treasurer for the amount agreed upon in
such settlement shall be sufficient authority for him to
pay to the claimant the same from any city funds in
his hands, and the amount so paid shall be charged to
May agree for set- the contingent fund. Whenever said board shall deem
in excess of $600 it for the best interest of the city to settle any such
subject to ratifica-
tion by city claim by the payment of a sum exceeding five hundred
dollars, they may make an agreement with the claim-
ant for the payment of the sum agreed upon, but sub-
ject to ratification by the city council. Upon such
ratification, but not before, the treasurer shall pay the
amount so agreed upon, as hereinbefore provided for
the payment of claims not exceeding five hundred
dollars.
tlement of claims
council.
BOARD OF PUBLIC WORKS.
131
CHAPTER 23.
BOARD OF PUBLIC WORKS.
Section.
Section.
1. Chapter 334, Acts of 1872, “To | Act $ 5. City engineer to be clerk
establish a board of public
of the board. His duties as
works in the city of Spring-
such.
field" accepted and adopted. Act 6. City council may take or
Act § 1. Board of public works
purchase land, for laying
established; members of,
and maintaining sewers and
how elected ; tenure of
drains.
office.
Act § 7. The word “street” to in-
Act & 2. Members to be sworn.
clude highways, etc.
Act § 3. Vacancies, how filled. Act & 8. Compensation.
Act § 4. Duties of the board. | Act 9. Act to take effect, when.
of 1872, “to estab-
SECTION 1. The act of the General Court of Chapter 334, Acts
this Commonwealth entitled, “ An act to establish a lish a board of
board of public works in the city of Springfield,” ap- the city of Spring-
is field," accepted
proved May four, eighteen hundred and seventy-two, is anda
hereby accepted and adopted as follows:-
“ Be it enacted by the Senate and House of Repre.
sentatives in General Court assembled, and by the
authority of the same, as follows :-
works established;
elected; tenure of
field may within one month after the passage of this members of, how
act, elect on joint ballot, in convention, three able and offices
discreet men, being inhabitants of said city, and legal
voters, who shall constitute the board of public works
of said city; one of whom shall be chosen to hold
office until the first Monday in April, in the year
eighteen hundred and seventy-three, one to the first
Monday in April, eighteen hundred and seventy-four,
and one to the first Monday in April, in the year
eighteen hundred and seventy-five, and until others are
chosen and qualified in their stead ; and during the
month of March, in the year eighteen hundred and
seventy-three, and annually in the month of March
thereafter, the city council shall on joint ballot, in
convention, elect one man, qualified as aforesaid, to
be a member of said board to serve for the term of
three years from the first Monday of April thereafter,
132
REVISED ORDINANCES.
Members to be
Sworn.
filled.
Duties of the
board.
“ SECT. 2. Before entering upon the discharge of
their duties, the members of said board, elected under
the provisions of this act, shall be sworn to the faith-
ful discharge thereof.
Vacancies, how “SECT. 3. Should a vacancy occur on said board,
it may be filled for the remainder of the term in which
such vacancy occurs by election of the city council
by joint ballot in convention.
“SECT. 4. It shall be the duty of said board to hold
hearings, investigate and report on all matters referred
to them by the city council or mayor and aldermen,
relating to the laying out, altering, widening, discon-
tinuing, change of grade, or repairing of the streets
of the city ; also on all matters so referred to them
relating to the laying out, establishing, change of
grade, constructing, paving, altering, repairing or
repaving sidewalks therein; and also on all matters so
referred to them relating to the laying out, mainte-
nance, constructing, altering or repairing sewers and
drains therein. Said board shall also perform such
further duties relating to streets, bridges, sidewalks,
sewers, drains or other public works, parks, squares
and public places, including the estimation of damages
and betterments, as the city council shall, by city
ordinance, or order, not repugnant to law, from time to
time prescribe or direct.
City engineer to be “SECT. 5. The city engineer shall be the clerk of
His duties as such, said board. He shall make and keep a record of the
doings of said board and certify the same when there is
occasion therefor. He shall also make all plans and
surveys required for the use of said board. In case of
the absence or inability of said clerk to act, said board
may appoint a temporary clerk to act in his place, who
shall receive for his services such compensation as said
board shall determine.
“SECT. 6. Said city council may take and hold, by
for laying and purchase or otherwise, such land and water.courses
maintaining sew-
as they may deem necessary for the purpose of laying
and maintaining sewers and drains ; provided, that if
any person shall sustain damages to his property by
reason thereof, and shall fail to agree upon a settle-
ment of the same with said city council, the same
shall be assessed in the same manner as damages are
assessed in the laying out of highways.
The word “street” “SECT. 4. The word street in this act shall include
ways, etc? ghe highways, town ways, lanes and alleys.
clerk of the board.
City council may
ers and drains.
to include high-
BOARD OF PUBLIC WORKS.
133
“SECT. 8. The members of said board of public Compensation.
works shall receive such compensation for their serv-
ices as the city council may by ordinance establish.
“Sect. 9. This act shall take effect upon its accept- When to take
ance by the city council.”
When to take
effect.
134
REVISED ORDINANCES.
· CHAPTER 24. .
BOARD OF SUPERVISORS OF HIGHWAYS AND BRIDGES.
Section.
1. Who shall constitute the board; powers and duties.
Who shall consti.
tute the board.
SECTION 1. The mayor, with one member of the
joint standing committee on streets and sidewalks in
the board of aldermen, and one member of the same
committee of the common council, each to be chosen
by their respective boards, by viva voce vote, shall
constitute a board of supervisors of highways and
Powers and duties. hoidoes who shall ha.
"bridges, who shall have the general supervision of all
the public highways, streets, avenues, and bridges of
the city, and, when duly authorized by the city coun-
cil, and not otherwise, may, at their discretion, con-
tract for quarrying and crushing trap rock, and for
paving, macadamizing or otherwise improving the
streets of the city.
BOARD OF HEALTH.
135
CHAPTER 25
BOARD OF HEALTH.
sist;
Section.
Section,
1. Of whom to consist; powers Emergencies. Inspector of
and duties.
meats and provisions.
2. Election ; qualifications ; ten | 5. Annual report.
ure of office; vacancies, etc. 6. Compensation of health physi-
3. Chairman; health physician to
cian.
be clerk; his duties.
7. Compensation and duties of in-
4. Rules.' Agent and inspectors. I spectors.
SECTION 1. The board of health of the city of Of whom to con-
Springfield shall consist of three suitable citizens, one si
of whom shall be a doctor of medicine. They shall powers and duties.
possess and exercise all the powers vested in, and per-
form all the duties prescribed to, boards of health of
cities and towns, or to city councils, or mayors.
and aldermen of cities as boards of health, or in re-
lation to matters concerning or affecting the public
health, in accordance with the charter and ordinances
of the city and the statutes of the Commonwealth.
SECT. 2. The present members of the board of Election;
health shall hold their offices during the term for which
they severally were appointed. Annually, hereafter
in the month of January, the city council shall elect
by viva voce vote one member of said board for the
term of three years from the first Monday in February
in the year of such election. The members so elected qualifications;
shall not be members of the city council, and not more
than two members of said board shall be chosen from
any one political party. Each election shall be made
subject to the foregoing provisions respecting a doctor
of medicine, and each member chosen shall hold office tenure of office;
during his term, unless sooner removed, and until his
successor is elected and qualified. Any vacancy shall
be filled for the unexpired term in the same manner as
herein provided for original selection. Each member vacancies, etc.
of the board shall be subject to removal by the mayor
for cause, with the approval of the board of aldermen.
SECT. 3. The board of health shall organize on the Chairman;
first Monday of February in each year, and shall
136
REVISED ORDINANCES.
the best praznician
health physician
to be clerk ;
his duties.
Rules.
choose one of its members as chairman. That mem-
ber of the board, who is a doctor of medicine, shall
serve as clerk of the board. He shall be known as
the health physician, and shall perform all such medi-
cal and sanitary duties as may be required by the
board of health and the mayor and the city council.
He shall attend the meetings of the board; shall make
all necessary bacteriological examinations ; shall keep
a true and complete record of all the acts and proceed-
ings of the board ; and shall perform such other duties
as may be prescribed by ordinance. In case of the
prevalence or impending of any infectious or conta-
gious disease within the city, he shall give to the
mayor or either board of the city council such profes-
sional advice and assistance as may be required by
any of them.
SECT. 4. The board of health may make such rules
and regulations in regard to plumbing and house
drainage, for the protection and preservation of the
health and sanitation of the city, for the removal and
abatement of filth, garbage, rubbish, ashes, nuisances,
and the causes of disease, and for the government of
the board and of its subordinate officers and employees,
as may be considered necessary and may not be incon-
sistent with the statutes of the Commonwealth and
Agent and in-
the charter and ordinances of the city. It may ap-
point an agent and employ such inspectors or other
assistants as may be authorized by the city council, all
of whom shall be subject to the removal or dis-
charge by the board whenever it deems advisable ;
Emergencies. provided, however, that in cases of emergency de-
manding the immediate action of the board it may
employ such temporary assistants as may be necessary.
Inspector of meats It shall designate as inspector of meats and provisions
and provisions.
the inspector of animals appointed by the mayor and
aldermen.
Annual report.
SECT. 5. The board of health shall make a full re-
port of its doings to the city council annually in the
month of January, together with list of the deaths
of all persons occurring in the city during the preceding
calendar year, stating the age, sex, and cause of death
of each person, as far as ascertainable, together with
such suggestions and recommendations as may be
deemed advisable.
Compensation of SECT. 6. The health physician and the agent of the
lan. board of health shall receive such compensation as
spectors.
health physician.
BOARD OF HEALTHN-
137
.
duties of in-
salary as the city council may from time to time by
ordinance determine, which shall be in full for all
services performed.
SECT. 7. The compensation of the inspector of milk compensation and
and vinegar, and of the inspector of meats, provisions spectors.
and animals, shall be taken from the appropriation for
the board of health, and said inspectors shall respec-
tively perform their duties so far as is permissible by
existing laws, subject to the direction and approval of
said board.
138
CHAPTER 26.
RELATING TO THE REMOVAL OF NIGHT SOIL, THE CON-
TENTS OF PRIVY VAULTS AND CESSPOOLS, HOUSE
OFFAL, ASHES, REFUSE SUBSTANCES AND DEAD
ANIMALS.
Section.
Section.
1. Licenses to remove night soil,
cover removal of asbes.
contents of privy vaults and
Licenses to state under which
cesspools, and dead animals,
section issued, etc., under
how granted.
section three to be numbered.
2. Licensees may collect compen-
To be recorded. Applications
sation for services, as fixed
for services of licensees to be
by board of health.
entered with board of health.
3. Licenses to remove house offal, | 5. Only licensees to remove sub-
ashes, and refuse, how grant-
stances named in sections
ed.
one and three, except, etc.
4. Licenses to job wagons, etc., to | 6. Penalty.
ve SECTION 1. The mayor and aldermen shall, from
Licenses to remove
night soil, con-
tents of privy
time to time, license some person, or persons, to remove
vaults and cess-
night soil, the contents of privy vaults and cesspools,
pools, and dead
animals, how
granted.
and to remove dead animals, subject to the provisions
of the city ordinances, and all the rules of the board of
health relating thereto.
Licensees may SECT. 2. Every person licensed under the provisions
tion for services, of the preceding section shall be entitled to collect from
as fixed by board
the owner, occupant, or person having charge of the
premises from which he has removed any of the sub-
stances mentioned in said section, such compensation
as shall be fixed by the rules of the board of health,
whether such removal is made upon the application of
such owner, occupant or agent, or by order of the
board of health.
Licenses to remove SECT. 3. The mayor and aldermen shall, from time
house offal, ashes,
and refuse, how
es, to time, license persons to remove house offal, ashes,
and all refuse substances, subject to the provisions of
the city ordinances, and all the rules of the board of
collect compensa
of health.
.
granted.
Licenses to job SECT, 4. All licenses granted for trucks, job wagons,
wagons, etc., to
cover removal of express wagons, carts, or other vehicles, for the con-
• ashes.
veyance of wood, coal, lumber, stone, dirt, rubbish,
goods, furniture, etc., as provided by the rules and
orders of the mayor and aldermen, shall include per-
mission to remove ashes, subject to the provisions of
REMOVAL OF REFUSE.
139
Licenses to state
under which
etc., under section
bered.
services of
tered with board
the rules and regulations of the board of health, as
provided by section three. ` All licenses issued under Licenses to state
the provisions of this chapter shall state whether they section issued,
are issued under section one or section three; and, if three to be num-
under section three, they shall be numbered. All
licenses shall state that they are issued subject to the
provisions of the city ordinances and all rules of the
board of health now existing, or which shall hereafter
be made, and subject to forfeiture for any violation
thereof. All such licenses shall be recorded by the To be recorded.
board of health in a book to be kept for the purpose.
A book shall also be kept in the office of said board, Applications for
wherein applications for the services of the parties licensees to be en-
licensed herein shall be entered, and such applications of health.
shall receive attention in the order in which they are
made.
SECT. 5. No person, not licensed as herein provided, Only licensees to
shall remove or transport through any street, or pas named in sections
sageway in the city, within the district in which swine except, etc.
are not allowed to be kept, any of the substances speci-
fied in sections one and three of this chapter, except
that any person may use upon his own premises all
substances specified in section three, created or accu-
mulating thereon, provided he shall not create a
nuisance thereby; and if he transports such substances
through the city streets, he shall transport them in such
manner, at such times, and in such vessels or vehicles
as the board of health may prescribe.
SECT. 6. Any person violating any of the provisions Penalty.
of this chapter shall be punished by a fine of not less
than two nor more than twenty dollars, and by a for-
feiture of his license if the party so violating be
licensed under the provisions hereof.
Only licensees to
remove substances
one and three,
140
REVISED ORDINANCES.
CHAPTER 27.
THE KEEPING OF SWINE.
Section.
swine shall not be
Section.
1. Board of health to prescribe | 2. Penalty.
limits within which swine
shall not be kept without
licer se.
Board of health to SECTION 1. No swine shall be kept or maintained
prescribe limits
within which in the city of Springfield within the limits prescribed
kept without by the board of health, unless said board shall have
license.
granted a license therefor, prescribing the manner in
which the animals may be kept.
SECT. 2. Any person offending against the provi.
sions of this chapter shall forfeit and pay an amount
not less than five nor more than twenty dollars for
each offense.
Penalty.
PLUMBING.
141
CHAPTER 28.
PLUMBING.
blanks.
Section.
Section.
1. Sewage pipes to be installed | 3. Inspector to be notified when
only on permit authorized by
work is ready for examina-
board of health. Application
tion:
blanks. Permits.
| 4. Penalty.
2. Notice of alterations to be filed,
Ls 5. R. L., ch. 103, accepted.
and approved.
SECTION 1. No pipes, tanks, faucets, valves, or Sewage pipes to
be installed only
fixtures by and through which waste water or sewage on permit author-
ized by board of
is used or carried, shall be placed in any building ex- health
cept upon such terms and conditions as the board of
health may prescribe, and upon a permit being first
issued therefor by said board of health, or such person
or persons as the board may designate. Applications Application
for such permits shall be made to the board of health
upon blanks provided for the purpose by said board,
which shall contain a statement of the work to be
performed, location of building, and names of the
persons for and by whom the work is to be done.
Each permit issued by the board of health shall be Permits.
subject to the express conditions to be set forth in such
permit, that all work done under it shall be done in a
thorough and workmanlike manner, and that all direc-
tions of the board of health relating to such work and
all provisions of statute or ordinance relating to
plumbing shall be complied with.
SECT. 2. In all cases where the drainage system of Notice of altera-
tions to be filed,
any building is required to be or has been constructed
under a permit issued by the board of health, no per-
son shall proceed to construct, add to, or alter any
portion of the drainage system of such building (ex-
cept solely by way of repairs) until there be filed in
the office of the board of health a notice or written
description of the work to be performed. No person
shall commence work upon such drainage or plumbing
until the plans are approved by said board.
and approved.
After a plan has been approved under the provisions
of this ordinance, no alteration of the same shall be
made without permission in writing from the board of
health.
142
REVISED ORDINANCES.
Inspector to be
notified when
examination.
Penalty.
SECT. 3. An inspector of plumbing who shall be
woſk is ready for called upon to examine any work under the statutes
or ordinances relating to plumbing, shall be notified
when such work is ready for inspection, and all work
must be left uncovered and convenient for examination
until examined and approved.
SECT. 4. Whoever violates any provision of this
ordinance shall be liable to a penalty not exceeding
fifty dollars for each and every violation thereof, and
whoever being a licensee for plumbing violates any
statute, ordinance, or regulation of the board of health
relating to plumbing shall be subject to have his
license revoked by the board of health as said board
may determine.
R. L., ch. 103, ac SECT. 5. The provisions of chapter one hundred
and three of the Revised Laws are hereby accepted
and adopted.
103, ac-
cepted.
FIRE DEPARTMENT.
143
CHAPTER 29.
FIRE DEPARTMENT.
Section.
Section.
1. Board of fire commissioners, of 16. Each company to have captain,
whom to consist, appoint-
lieutenant, and clerk, how
ments, qualifications, removal
chosen, clerk's duties and
from city vacates office.
tenure of office.
2. Vacancies in board, how filled. 17. Commissioners may suspend,
Chairman to be chosen, tenure
remove, or discharge.
of office. Secretary to be 18. Chief,etc., to have power to sus-
chosen, duties, etc.
pend in certain cases. Appeal.
Board to have management of 19. Members of department must
fire department and firealarm
be citizens, and not employed
telegraph, to be responsible
otherwise by state or city.
for property of departments, 20. Running members to observe
may sell or purchase property
same rules, etc., as call mem-
worth less than $1,000. Eva-
bers.
sions forbidden, proceeds of | 21. Clerks of companies, duties of,
sale of property to be paid to
as to rolls. Rolls to be signed
city treasurer.
by captain and clerk, approv-
5. Annual estimates. Accounts.
ed by chief, and transmitted
Credit of department not to
to commissioners. Penalty
be exceeded.
for falsifying rolls.
6. Approval of bills and pay rolls. | 22. Amounts due companies, how
Treasurer to advance money
paid. Receipts to be obtain-
for contingencies. Emer-
ed by captains and filed with
gency bills to be approved,
city treasurer.
money to be returned to | 23. Apparatus not to be taken
treasury.
from city, except.
8. Fire department, of whom to 24. No person not a member of
consist. Nominations and
department, shall interfere
appointments.
at a fire. Names of persons
9. Board to prescribe compensa-
offending to be reported.
tion of companies and duties 25. No persons except policemen
of members.
and firemen to enter streets,
10. Chief, deputy chief, and assist-
etc., barricaded by fire de-
ant engineers, and superin-
partment.
tendent of fire alarm to be | 26. Pay of members fixed by city
chosen annually by board of
commissioners, tenure of 27. Superintendent of fire alarm
office, vacancies. Rank of
designated as supervisor of
assistants.
wires.
11. Board of engineers; meetings; 28. Board of commissioners may
quorum ; regulations.
grant pensions in cases of
12. Board of engineers may make
disability, and after 20 years'
certain rules.
service, in certain cases.
13. Chief engineer to report viola 29. Pensions to be payable month-
tions of building ordinances.
ly, and may be changed by
Other duties; in case of ab-
commissioners.
sence, powers devolve on City physician to examine pe-
deputy chief, etc.
titioners, and to examine pen-
14. Chief, etc., to detect and re-
sioners annually, and report.
move combustible materials. 31. Cause of disability to be stated
Penalty.
in writing by chief, when.
15. Chief, etc., to examine build 32. Commissioners to examine
ings upon request, and may
cases and decide upon pen-
require alterations. Penalty.
sions by majority vote.
council.
30.
144
REVISED ORDINANCES.
Section.
Section,
33. Limitations upon pensions of | 36. Pensions to be paid out of ap-
chief or deputy chief en-
propriation for department.
gineer.
37. No person shall, without au-
34. Pensions for disability not to
thority, interfere with fire
exceed $40.00 per month.
alarm telegraph.
35. Pensions for 20 years' service, | 38. No person shall injure appa-
etc., not to exceed $25.00 per ratus of fire alarm telegraph.
month.
39. Penalty for violations of Sects.
24, 25, 37, and 38.
missioners,
sist,
S-
appointments,
Board of fire com- SECTION 1. The present members of the board of
fire commissioners shall hold their offices during the
of whom to con- terms for which they severally are appointed. Such
appointees, together with the chairman of the com-
mittee on the fire department, who shall be ex officio a
member of the board, shall constitute the board of
commissioners of the fire department, and annually,
hereafter, in the month of April, the mayor shall
appoint, subject to confirmation by the city council by
concurrent vote, a citizen and resident of the city, to
be a member of said board for the term of four years
from the succeeding first Monday of May. In all
qualifications, appointments of members of said board the political
affiliation of the appointee shall be considered with a
view to so constituting the board as that no more than
two of its members so appointed shall be of the same
political party; and no person shall be appointed, or,
excepting said chairman of said committee, be a mem-
ber of the board, who is a member of the city council,
or holds any municipal office for which he receives
compensation; and any member removing from the
removal from city
vacates office. Y city shall thereby vacate his office.
SECT. 2. In case any person so appointed shall die,
board, how filled.
resign, or become disqualified during his term of office,
the remaining members of said board, or a majority
thereof, shall forthwith notify the mayor in writing of
the vacancy existing, who shall, as soon as may be,
appoint, subject to confirmation as aforesaid, a mem-
ber of said board to fill such vacancy for the residue of
the term.
SECT. 3. Said board shall choose by viva voce vote
one of its members to be chairman of the board, who
shall hold such position for such a term as the rules of
said board may prescribe, or if such rules do not pre-
scribe such term of service, he shall hold the position
of chairman during the official term for which he
is appointed. Said board shall in the same manner
vacates office.
Vacancies in
Chairman to be
chosen,
tenure of office.
FIRE DEPARTMENT.
145
agement of fire
for property of
chase property
$1000.
choose one of its members to be secretary of the board Secretary to be
chosen, duties, etc.
and may prescribe his duties and term of service.
SECT. 4. Said board shall, subject to the provisions Board to have man-
hereof, have the appointment, management and con- department,
trol of all officers and members of the fire department
and power to make such lawful rules and regulations
for their government and discipline, and for the regu-
lation and care of the fire alarm telegraph, and the and fire alarm
telegraph,
direction and control of the parties having the charge
and care thereof as they may deem proper ; they shall
be responsible for, and have the charge and care of, all to be responsible
property belonging to said departments, and shall see departments,
that the same is maintained in an efficient condition
by a wise expenditure of so much of the annual appro-
priation made therefor as may be necessary. When may sell or pur-
in their opinion it is desirable that any part of such worth less than
property be sold, or otherwise disposed of, or that addi-
tional property be obtained, they may sell, dispose of,
or obtain such property, provided the aggregate value
of the property so obtained or disposed of at any one
time, or for any one purpose, shall not exceed one
thousand dollars; otherwise authority therefor must
first be obtained from the city council. Said board Evasions forbid-
shall not, for the purpose of evading the provisions of
this section, divide the property so proposed to be
obtained or disposed of, into items and sell, dispose of,
or purchase such items separately at the same or dif-
ferent times. All money derived from the sale of such Proceeds of sale of
property shall be forthwith paid to the city treasurer to city treasurer.
and credited by him to said department.
SECT. 5. Said commissioners shall annually in the Annual estimates.
month of January communicate to the committee on
finance an estimate of the amount of money necessary
to be raised for the then current financial year for
the use of the fire department, stating the amounts
department, for regular and incidental expenses, and
for the alteration and repair of the property under
their control. They shall keep an accurate and de- Accounts.
tailed account of all expenditures of money, and annu-
ally, in the month of December in each year, render to
the city council an itemized and exact report of all
such expenditures, together with such information as
has been included in the annual report of the chief
engineer. They shall not expend any money, nor Credit of depart-
incur any liabilities or obligations that shall in the exceeded.
ment not to be
146
REVISED ORDINANCES.
Treasurer to ad-
vance money for
aggregate exceed the amount standing to the credit of
the department; and any obligation contracted shall
be met out of said amount.
Approval of bills SECT. 6. No bill contracted under the authority
and pay rolls.
hereof shall be paid by the city treasurer, unless the
items thereof shall be approved by the written signa-
tures of a majority of said commissioners, and also
audited and approved as otherwise required by ordi-
nance. The quarterly pay rolls of the department
shall be approved in like manner before payment.
SECT. 7. The city treasurer shall pay over to the
contingencies. commissioners of the fire department, as soon after
the tenth day of December of each year as said com-
missioners may desire, the sum of two hundred dol-
lars; the same to be paid on the written request of said
commissioners and the written order of the mayor ;
and to be charged to the appropriation for the fire
department for the then current fiscal year. Said
money shall be kept by said commissioners apart from
any money of their own, and as the money of the city,
and shall be used only for such necessary expenses as
may be called for by any emergency which must be
met at once and without the delay incidental to the
approval and payment of bills as now provided by
Emergency bills to ordinance. Whenever any expenses shall have been
paid out of said fund, the bill therefor shall be approved
and paid by the treasurer in conformity with existing
ordinances, the same as if it had not been paid out of
said funds; and the amount thereof shall be paid to
said commissioners to be placed to the credit of said
fund, and to become a part thereof, to make good the
amount used by them. Said commissioners shall annu-
turned to treasury. ally, prior to the tenth day of December, pay over to
said treasurer said sum of two hundred dollars, and
the same shall be placed to the credit of said fire
department.
Fire department, SECT. 8. The fire department for the city of Spring-
of whom to con-
field shall consist of one chief engineer, one deputy
chief engineer, one superintendent of the fire alarm
telegraph who shall perform the duties of an assistant
engineer, not to exceed two call assistant engineers,
seventy members permanently employed, seventy-
eight call members, and twenty-five running members,
all of whom shall be appointed by the board of com-
missioners of the fire department; six steam fire
engine companies, six hose companies, one chemical
be approved.
Money to be re-
sist.
FIRE DEPARTMENT.
147
composition of
duties of members,
superintendent of
engine company and four hook and ladder companies,
and as many more such engine, hose and hook and
ladder companies and members as the fire apparatus
belonging to the city, from time to time shall require,
in the opinion of the city council.
All appointments under this section, except the Nominations and
chief engineer, deputy chief, and assistant engineers, appointments.
shall be made from nominations presented to said com-
missioners by the engineers of the fire department. If
such nominations are rejected by the commissioners,
new nominations shall be made by said engineers If
at the expiration of ten days after nominations have
been called for, the engineers fail to make such nomi-
nations, the commissioners may appoint without such
nominations being made.
SECT. 9. The composition of the various companies Board to prescribe
of the fire department and the duties of all the mem- companies and
bers of said fire department shall be such as the board
of commissioners of the fire department may from
time to time determine and establish.
SECT. 10. The chief engineer, deputy chief engi- Chief, deputy
chief, and assist-
neer, superintendent of the fire alarm telegraph, and ant engineers, and
assistant engineers of the fire department shall be fire alarm to be
chosen by viva voce vote annually on the first Monday of 65
January, or within thirty days thereafter by the com-
missioners of the fire department and shall hold their
offices for one year from the first Monday in February tenure of office,
in each year, or until their successors are duly elected
and qualified, unless sooner removed by vote of said
commissioners. Vacancies in their number may be vacancies.
filled at any time, in the manner provided for an
original election. The respective rank of the assistant Rank of assistants.
engineers shall be determined in their election.
SECT. 11. The engineers chosen as provided in the Board of engi-
preceding section shall, annually, as soon as practica-
ble after their election, meet and organize as a board
of engineers. The chief engineer shall preside at the meetings;
meeting held for such organization, and at all meet-
ings of the board ; and in his absence, the deputy
chief. In the absence of the chief and deputy chief quorum;
engineer, the assistant engineer first in rank of those
present shall preside. A majority of the whole board
shall constitute a quorum. They may make such regulations.
regulations for their own government as they may see
fit, subject to the approval of the commissioners of the
fire department.
chosen annually
by board,
neers;
148
REVISED ORDINANCES.
may make certain
rules.
nances;
in case of absence,
powers devolve on
deputy chief, etc.
Chief, etc., to de-
tect and remove
combustible
materials.
Board of engineers SECT. 12. The board of engineers may, subject to
the approval of the commissioners of the fire depart-
ment, make such rules and regulations for the govern-
ment, discipline, and good order of the department
and for the extinguishment of fires as they may deem
expedient.
Chief engineer to SECT. 13. It shall be the duty of the chief engineer
report violations
of building ordi- to make a report in writing to the building inspector
and city marshal of any violations coming to his notice
of any provision of any ordinance of the city establish-
ing a fire district and regulating the construction of
buildings; and he shall perform such other duties as
the commissioners of the fire department may from
other duties; time to time prescribe. He shall devote his whole time
to the interests and business of the department. In
in case of his absence from the city or disability from any
tc. cause to perform his duties, his powers shall vest in
and his duties be devolved upon the deputy chief or, in
the absence of the deputy chief, the assistant engineer
first in rank of those present in the city.
SECT. 14. It shall be the duty of the chief engineer,
or in his absence of the deputy chief engineer, to ex-
amine or cause to be examined all buildings and other
places, where ashes, shavings, or other combustible
materials may be collected or deposited, and at all
times to be vigilant in causing the removal of the
same, whenever necessary in his opinion, to avoid
danger from fire. He shall direct the tenant or occu-
pant of any such building or place, to remove or other-
wise safely dispose of such ashes, shavings, or other
combustible materials; and in case such tenant or
occupant shall fail or refuse so to do, the chief engineer
or deputy chief engineer shall remove or cause to be
removed the same, at the expense of the said tenant or
occupant. Any such tenant or occupant who shall,
when thereto directed by said chief engineer, or deputy
chief engineer, neglect or refuse to so remove any such
ashes, shavings, or other combustible materials, shall
be liable to a penalty for each such neglect or refusal
of not more than twenty dollars.
SECT. 15. It shall also be the duty of the chief
examine buildings
& engineer, or in his absence of the deputy chief engineer,
when requested by two or more citizens, representing
that ashes or combustible materials, are kept in an in-
secure or illegal manner, or that the funnels, flues,
fireboards, or heating apparatus of any building in
Penalty.
Chief, etc., to
upon request,
!
FIRE DEPARTMENT.
149
alterations.
have captain,
clerk,
the city are in an insecure or dangerous state, to make
a personal examination of such place or building, and and may require
to give the owner or occupant thereof written notice
of the changes, alterations or repairs which in his
opinion, the public safety may require ; and any per- Penalty.
son who shall neglect or refuse to make such changes,
alterations, or repairs when so required, or shall pre-
vent the examination aforesaid, or shall obstruct the
said engineer in carrying out the provisions of this
section, shall be liable to a penalty not exceeding
twenty dollars.
SECT. 16. Every engine, hook and ladder, chemical Each company to
engine and hose company shall have a captain, lieu- lieutenant, and
tenant and clerk, who shall be elected by the board of
commissioners of the fire department from nomina-
tions presented to said commissioners by the chief
engineer and deputy chief engineer. If such nomina- how chosen,
tions are rejected by the commissioners, new nomina-
tions shall be made by said engineers. If at the
expiration of ten days after nominations have been
called for, the engineers fail to make such nominations,
the commissioners may elect without such nominations
being made. The clerk shall be one of the permanent clerk's duties,
men of the company, and shall perform the duties of
clerk without any extra compensation therefor. The
person elected shall have notice of his election by
certificate thereof, signed by the commissioners, and
shall hold the office to which he is chosen for the term and tenure of
of one year from the first day of May preceding his
election, and until another shall be duly chosen in his
stead, unless sooner removed by the board of commis-
sioners of the fire department.
SECT. 17. Any officer or member of the fire depart- Commissioners
ment may, at any time, be suspended, removed or dis-
charged by the commissioners of the fire department.
SECT. 18. Any officer or member of the fire depart- Chief, etc., to have
ment, except the deputy chief engineer or an assistant in certain cases.
engineer, who shall willfully neglect or refuse to per-
form his duty, or shall be guilty of disorderly conduct
or of disobedience of orders or disrespect to superiors
in office, may be suspended from the said department
by the chief engineer or deputy chief engineer when
in charge ; provided, however, that whenever the per-
son so suspended feels aggrieved, he may, within
thirty days from such suspension, appeal to the com- Appeal.
missioners of the fire department for an investigation
office.
may suspend, re-
move, or dis-
charge.
power to suspend
150
REVISED ORDINANCES.
Members of de-
partment must be i
citizens,
otherwise by state
to observe same
Clerks of com- .
panies, duties of
as to rolls.
of the case, and said commissioners may, if they see
fit, reinstate him in the place from which he was so
suspended.
SECT. 19. No person shall be a member of the fire
department unless he is at the time a citizen of the
city of Springfield and not less than twenty-one years
of age. No person fully or permanently employed by
and not employed the state, or by the city in any other department, shall
or city.
be a member of said fire department; and any member
of the fire department accepting a position requiring
him to be so employed or removing from the city, shall
be considered thereby to have resigned his member-
ship of said fire department.
Running members SECT. 20. Running members shall observe the same
rules, etc., as call rules, regulations, and city ordinances as govern call
members."
members and be held to like responsibilities.
SECT. 21. The clerks of the several companies of
the said department shall, on the first Mondays in
March, June, September and December in each year,
upon blanks furnished by the city, make out rolls
bearing the full names, occupations, ages, and resi-
dences, of the members of their respective companies,
specifying also the number of times the said compa-
nies have been called out and the attendance of the
members respectively for the then previous three
Rolls to be signed months; said rolls shall be filled out properly and
clerk,
signed by the captain and clerk of the company to
which they relate, and immediately delivered to the
approved by chief, chief engineer for his approval, who shall at once
commissioners." transmit them to the commissioners of the fire depart-
Penalty for falsifi- ment. Captains or clerks signing falsified rolls shall
be dismissed from the service.
Amounts due com- SECT. 22. The amounts allowed to the several com-
panies, how paid.
panies as aforesaid shall be paid to the permanent cap-
tains of the respective fire stations, to be by them dis-
bursed immediately to the members therein stationed,
Receipts to be ob- as the same may be due. Said captains shall obtain
and filed with city from said members written receipts for all money paid
them, which receipts they shall forth with file with the
city treasurer, who shall see that such receipts, cov-
ering the amount paid to the respective captains, are
so filed prior to making any subsequent payment to
them.
SECT. 23. No engine or any part of the apparatus
belonging to the said department shall be taken from
the city at any time, except for the purpose of having
by captain and
and transmitted to
cation of rolls,
treasurer.
Apparatus not to
be taken from the
city, except.
FIRE DEPARTMENT.
151
member of depart-
offending to be
US
the same repaired; provided, however, that in case of a
fire in a neighboring town or city, the chairman of the
commissioners of the fire department, or, in his absence
from the city, the chief engineer, or, in the absence of
both from the city, the deputy chief or assistant engi-
neer in charge of the department may order any
engine, or any of said apparatus to be taken to such
town or city for the purpose of assisting in the extin-
guishing of such fire.
SECT. 24. No person not a member of the said fire No person, not a
department, being present at a fire, shall assume with- ment, shall inter-
fere at a fire.
out authority to exercise control over any members of
the said department in respect to their duty, or will-
fully or unnecessarily make outcries or other loud
noises, or be guilty of disorderly conduct in any man-
ner, or promote or encourage disorderly conduct in
others then present; and it shall be the duty of the Names of persons
engineers to report to the commissioners of the fire reported
department the name of any person so offending, and
of every person who shall, contrary to law, refuse or
neglect to obey any lawful order of any engineer at
any fire occurring in the city.
SECT. 25. No person not a member of the fire depart- No persons, except
policemen and
ment or of the police department, shall, without the firemen, to enter
authority of some one of the officers of one of said caded by fire de-
departments, willfully remain or enter upon such part
of any street, lane, or alley as is by the authority of
the officers of either of said departments roped off,
barricaded, or plainly designated in any way for the
use of the fire department in extinguishing a fire, or
for the protection of persons attending any fire.
SECT. 26. The pay of the members of said depart- Pay of members
- fixed by city
ment shall from time to time be fixed by the city councit.
council.
SECT. 27. The superintendent of the fire alarm is Superintendent of
hereby designated as the officer required to be desig- nated as supervisor
nated or appointed under the provisions of section
eighteen of chapter one hundred and twenty-two of
the Revised Laws. Said superintendent shall perform
all of the duties incumbent upon him as such officer,
by reason of the provisions of said act, and of any acts
in amendment thereof, or in addition thereto.
SECT. 28. Upon recommendation of the chief engi- Board of commis-
neer of the fire department or upon his own petition pensions in cases
of disability,
therefor, any member of the fire department who by
reason of permanent disability incurred while in the
streets, etc., barri-
partment.
fire alarm desig-
nated as supervisor
of wires.
Board of commis-
sioners may grant
152
REVISED ORDINANCES.
years' service in
certain cases.
Pensions to be
and may be
ers, and to
report,
discharge of his duty as fireman, is no longer able to
perform active service as such fireman, or any member
of the fire department who has performed faithful
and after twenty service in that department for a period of not less than
twenty consecutive years, provided that he is incapaci-
tated for further useful service, or any member of the
fire department who has reached the age of sixty-five
years, and who has performed faithful service in that
department for a period of not less than twenty con-
secutive years, shall receive such a pension for such
time and to such an amount as the board of commis-
sioners of the fire department may determine and fix,
not to exceed the amounts hereafter specified.
SECT. 29. Every pension granted to a fireman shall
payable monthly
be payable monthly, and at any time may be increased,
changed by com-
missioners. diminished or revoked by the board of commissioners
of the fire department after a hearing.
City physician to SECT. 30. The city physician shall examine every
examine petition-
person recommended or petitioning for a pension be-
ers annually and cause of permanent disability or incapacity for useful
service, and shall annually thereafter furnish to the
board of commissioners of the fire department a written
statement of the pensioner's physical condition so far
as it affects permanently his ability or capacity to per-
form active service as a fireman.
Cause of disability SECT. 31. When any member of the fire department
Writing by chief, makes application for a pension because of permanent
disability incurred in discharge of his duty as a fire-
man, the chief engineer shall forth with furnish to the
board of commissioners of the fire department a writ-
ten statement of the circumstances under which the
disability of the applicant for pension was incurred
and the source of his information.
Commissioners to SECT. 32. The board of commissioners of the fire
decide upon pen- department shall examine into all the cases where
sions by majority
pensions are applied for, and a decision of a majority
of the said board shall be final.
SECT. 33. A pension granted to the chief engineer
or deputy chief or the deputy chief engineer shall not exceed one half
engineer.
of the salary received by him at the time he may be
disabled.
Pensions for dis- SECT. 34. A pension granted a member because of
permanent disability or incapacity for further useful
service shall not exceed forty dollars a month.
SECT. 35. A pension granted a member who has
reached the age of sixty-five having performed faith-
when.
examine cases and
vote.
Limitation upon
pension of chief
ability not to
exceed $40 a
month.
Pensions for
twenty years' sery-
FIRE DEPARTMENT.
153
ice, etc., not to
exceed $25 a
month.
ment.
No person shall
without authority
interfere with fire
alarm telegraph.
ful service for not less than twenty consecutive years,
shall not exceed twenty-five dollars a month.
SECT. 36. The pensions herein provided for shall be Pensions to be paid
out of appropria-
paid out of the appropriation for the fire department. tion for depart-
SECT. 37. No person shall, without authority from
the chairman of the board of fire commissioners, or the witbro
superintendent of the fire alarm telegraph, open, or in
any way interfere with, break, or injure a signal box,
wire, or anything connected with the fire alarm tele-
graph apparatus, except for the purpose of giving an
alarm in case of fire.
SECT. 38. No person shall willfully or without cause No person shall
destroy, injure, or deface a signal box, wire or any of fire ala
other thing connected with the fire alarm telegraph
apparatus.
SECT. 39. Whoever violates any of the provisions Penalty for viola-
na tions of $8 24, 25,
of sections twenty-four, twenty-five, thirty-seven and 57,38.
thirty-eight of this chapter shall be punished by a fine
of not exceeding twenty dollars.
injure apparatus
alarm tele
graph.
154
REVISED ORDINANCES.
CHAPTER 30.
FIRE DISTRICT AND CONSTRUCTION OF BUILDINGS
THEREIN.
Section.
Section,
1. Fire limits bounded.
12. Elevators to be carried above
2. Restrictions and requirements
roofs, enclosures to be of
as to buildings within limits.
metal, etc. Outside electric
3. Foundation walls, how built, switches and gas valves.
piles may be required. Con 13. No wooden building within
struction under sidewalks fire limits to be raised, recon-
and in areas.
structed, or moved, except.
4. Construction of piers in base- | 14. Wooden buildings damaged by
ments; of brick walls.
fire may be rebuilt if 60% of
5. Spaces between walls ; piers, value remains; board of al-
buttresses, etc.; thickness of derinen to determine value
walls.
and may adjudge building a
6. Requirements as to walls al nuisance if less than 60%
ready constructed. Walls to
remains.
be bonded. No wall to be | 15. Inspector of buildings, duties
carried up more than two
as to notice, etc.; if notice to
stories in advance of any
owner is disregarded, notice
other.
to be given to mayor.
7. Walls to be carried to roof. | 16. Stores, etc., more than 45 feet
Hollow walls.
high to have fireproof doors,
8. Construction of cornices, etc., blinds, or shutters.
covering of roofs; projecting 17. Inspector of buildings, how
show windows; columns.
designated. Tenure of office.
Strength of floors, of roofs.
Chief and deputy chief en-
Requirements as to timbers gineers of fire department to
entering brick walls. Writ-
be ineligible.
ten statements as to certain Openings in party walls. Fire
buildings to be filed and re-
and smoke stops. Thickness
corded. Inspector may ex-
and height of walls, how
amine buildings and order measured. Provisions as to
change of load.
walls built in part of iron or
10. Construction of chimneys; of steel. Wood lintels. Bonding
fireplaces. Chimneys to ex-
of walls built of both brick
tend 3 feet above roof. Space
and stone. Water tanks to be
over furnaces and around on brick walls and approved
stovepipes.
by inspector.
11. Certain buildings to be pro- | 19. Penalty
vided with standpipes.
18.
Fire limits
bounded.
SECTION. 1. The fire limits of the city of Spring-
field shall include all that part of the city bounded
northerly by a line one hundred and fifty feet north
of Bradford and Carew streets, easterly by a line one
hundred and fifty feet east of Chestnut and Maple
streets and extending southerly to the northerly side of
Temple street, thence along the center line of Maple
street to Central street, southerly by a line one hundred
FIRE DISTRICT—CONSTRUCTION OF BUILDINGS THEREIN.
155
requirements as to
how built,
and fifty feet south of Central and Fremont streets
and Whitney avenue, and westerly by the Connecticut
river.
SECT. 2. No building or structure shall be erected Restrictions and
or constructed within said fire limits unless the external buildings within
fire limits.
and party walls of the same are composed of brick,
stone, iron or other incombustible materials, and no
building already erected or hereafter to be built, shall
be raised, altered or built upon, unless when com-
pleted it shall be in conformity to the requirements of
this ordinance.
SECT. 3. Foundation walls shall be built of stone Foundation walls,
or brick. If built of rubblestone, they shall be at
least eight inches thicker than the wall next above
them to a depth of twelve feet or less below the curb
level, and for every additional ten feet or part thereof
in depth, they shall be increased four inches in thick-
ness. If built of brick or block stone laid in courses,
they shall be at least four inches thicker than the wall
next above them to a depth of twelve feet or less be-
low the curb level, and for every additional ten feet or
part thereof in depth, they shall be increased four
inches in thickness. The footing or base course shall
be of stone or concrete, or both, or of stepped-up brick
work on a secure foundation, and of sufficient thick-
ness and area to bear safely the weight to be imposed
thereon. If the base course be of concrete, it must be
made satisfactory to the inspector of buildings; if of
stone, the stones shall be not less than two feet cross-
wise the wall and at least eight inches in thickness for
the walls, and at least twelve inches wider than the
bottom width of the walls; and if under piers, columns
or posts, not less than ten inches in thickness and at
least twelve inches wider on all sides than the bottom
width of such piers, columns or posts. Where the piles may be
required.
nature of the ground is such that extra footings or
foundations are necessary, said inspector may require
piles or other means of securing suitable foundations.
Before the walls of buildings are carried up above the
foundation, all pipes for sewer connections must be
laid. In buildings where the space under the sidewalk Construction
is utilized, a sufficient stone or brick wall shall be built and in areas.
to retain the roadway of the street, and the side, end
or party walls of such buildings shall extend under
the sidewalk to such retaining wall, and shall be not
less than twelve inches in thickness. The covering
under sidewalks
1.
156
REVISED ORDINANCES.
used for such areas shall be of stone, brick, iron or
other incombustible materials, and of sufficient
strength to insure the safety of persons walking on
the same and to carry any load to which the same may
be subjected. Open areas shall be properly protected
with suitable railings.
SECT. 4. All piers in the basements of buildings
shall be built of stone, well bonded, or of good, hard,
well-burned brick laid in cement mortar. Brick piers
over twelve inches square, except in dwelling houses
and stables, shall have built into them for their entire
height bond stones or iron plates of the full size of the
piers and not over forty inches apart. The bond stones
to be at least four inches thick and the plates not less
than one and one-half inches in thickness. In ware-
houses, stores or other buildings over forty feet in
height, all piers built of brick and more than six feet.
in height shall be not less than twelve inches square,
and have a cap proportioned to the load to be carried
and of the full size of the pier under all girders, iron
or other columns to be supported by such pier. The
mortar shall be made of sand and cement, in the pro-
portion of not more than three parts of sand to one
part of cement, and shall be used immediately after
being mixed. All brick walls of warehouses, stores
and factories, twenty-five feet or less in width between
the walls, shall not be less than twelve inches in thick-
ness to the height of thirty-five feet. If over thirty-
five feet in height and not over sixty feet, the walls.
shall be not less than sixteen inches thick to the height
of thirty-five feet, or to the nearest tier of beams to
that height, and not less than twelve inches thick
thence to the top. If over sixty feet in height and not.
over seventy-five feet, the walls shall be not less than
twenty inches thick to the height of twenty-five feet,
or to the nearest tier of beams to that height, and from
thence not less than sixteen inches thick to the height
of fifty-five feet, and thence not less than twelve
inches to the top. If over seventy-five feet and not
over one hundred feet in height, the walls shall be not
less than twenty-four inches thick to the height of
twenty feet, or to the nearest tier of beams to that
height, thence not less than twenty inches thick to the
height of sixty feet, or to the nearest tier of beams to
that height, and thence not less than sixteen inches to
the height of eighty-five feet, and thence not less than
Construction of
piers in base-
ments;
of brick walls.
FIRE DISTRICT-CONSTRUCTION OF BUILDINGS THEREIN.
157
etc.;
twelve inches thick to the top. Walls over one hun-
dred feet high must be subject to the approval of the
board of aldermen.
SECT. 5. Whenever there is to be a clear space Spaces between
without a vertical support of over twenty-five feet be-
tween main or partition walls, the bearing walls shall
be four inches more in thickness than specified in sec-
tion four for every twelve and one-half feet or fraction
thereof that said space shall exceed said twenty-five
feet. Whenever the walls of any building are less than
twenty-five feet apart and the building is less than forty
feet deep, or there are cross walls not more than forty
feet apart, or piers or buttresses are built into the walls,
the interior walls may be reduced in thickness in just
proportion to the number of cross walls, piers or but-
tresses and their nearness to each other, and the in-
spector is empowered to decide how much such walls
may be so reduced without endangering the strength
of the building, and where either interior or exterior
walls are weakened by openings, they must be rein- piers, buttresses,
forced by piers, pilasters or buttresses, as said inspector
may direct. Churches, theaters and halls shall in
no case be less than is specified for warehouses, and
such buildings shall also have in addition thereto such
piers or buttresses as in the judgment of said inspector
may be necessary. The walls of other public buildings thickness of walls.
must be of suitable thickness, subject to the approval
of said inspector. One-story structures not exceeding
a height of fifteen feet may be built with eight inch
walls when the bearing walls are not more than nine-
teen feet apart and the length of the eight-inch bear-
ing walls do not exceed thirty-five feet. Curtain walls
of brick, built in between iron or steel columns and
supported wholly on iron and steel girders not over
eighteen feet apart, shall be not less than eight inches
thick. The upper story of outer wall and the partition
walls of dwelling houses may be eight inches thick.
SECT. 6. Exterior or party walls already erected Requirements as
may be used, if in good condition, provided the height constructed.
of the same be not increased. In case it is desired to
increase the height of the said walls, the walls must be
reinforced by additional brick work to form a com-
bined thickness with the old wall of not less than four
inches more than the thickness required for a new
wall corresponding with the height of the wall when
increased. The additional thickness shall be supported
to walls already
158
REVISED ORDINANCES.
bonded.
1
ried up more than
to roof.
on proper foundations and carried up to such height as
said inspector may require, and it shall be not less
than eight inches in thickness, laid in cement mortar,
thoroughly anchored to the old wall and subject to
the approval of said inspector. The old walls shall
first be cleaned of plaster or other coating where any
Walls to be lining is to be built against the same. The front, rear,
side and party walls shall be properly bonded to-
gether or anchored to each other every six feet in their
height by wrought-iron tie anchors not less than one
and one-half inches by three-eighths of an inch in size,
whenever said front, rear or party walls are not built
or bonded together by brickwork as the building is be-
No wall to be car- ing constructed, and in no case shall any wall or walls
two stories in ad- be carried up more than two stories in advance of any
vance of any other than
er. other wall except by permission of said inspector.
you avonnt
Walls to be carried SECT. %. All division or party walls shall be carried
up not less than twenty-four inches above the roof
and shall be capped with stone or metal securely
fastened, provided that on the fronts or steep portions
of French or Mansard roofs the party wall may be built
up to the roof boards. On exterior walls at least eight
inches of brick wall must be carried to the under side
Hollow walls. of the roof covering behind the cornices. In all walls
that are built hollow the same quantity of material
shall be used as if they were built solid, and the parts
of the same must be connected by proper ties of brick,
stone or iron placed not over twelve inches apart either
way. Recesses for water or other pipes made in walls
shall not be more than one-third of the thickness of
the walls without permission from said inspector, and
recesses around such pipes must be filled with solid
masonry at each story.
SECT. 8. Stone or brick cornices must be so con-
structed that at least two-thirds of the weight shall be
inside the outer face of the wall. The cornices and
jet, Mansard roofs and dormer windows of all build-
ings, including such as are hereafter replaced, shall be
constructed wholly of fireproof materials, and the
covering of roofs; roofs of buildings shall be covered with slate, tin or
other non-combustible materials. All cornices shall be
well secured to the walls with iron anchors, independ-
projecting show ent of any woodwork. Show windows extending be-
windows;
yond the front walls of any building shall be con-
structed of iron and glass or other non-combustible
materials. There shall be suitable columns of wood or
Construction of
cornices, etc.;
columns.
FIRE DISTRICT-CONSTRUCTION OF BUILDINGS THEREIN.
159
to timbers enter-
N
nQ
I
iron placed in all warehouses, stores and factories
where the space between the walls shall exceed
twenty-five feet, and every such column, post or ver-
tical support shall be of sufficient strength to bear
safely the weight of the portion of each and every floor
depending upon it for support in addition to the weight
of materials comprising the same.
SECT. 9. In every building used as a dwelling Strength of floors,
house, tenement house or hotel each floor shall be of
sufficient strength in all its parts to bear safely upon
every superficial foot of its surface seventy pounds.
If to be used for office purposes not less than one hun-
dred pounds to every superficial foot; if it is to be
used as a place of public assembly, one hundred and
twenty pounds, and if to be used for a store, factory,
warehouse or for any manufacturing or commercial
purpose, one hundred and fifty pounds. Roofs shall be of roofs.
of sufficient strength to support fifty pounds upon
every superficial foot. All joists, beams, and other Requirements as
timbers entering brick walls shall be separated end- ing brick walls.
wise at least four inches from each other with brick or
stone laid in lime or cement mortar, and the ends of
all such timbers shall have a bearing of at least four
inches and shall be cut and placed so that the falling
of the timber shall not destroy the wall. In all ware- Written state-
houses, storehouses, factories, workshops and stores buildings to be
filed and recorded.
where heavy materials are kept or stored, or machinery
introduced, the weight that each floor will safely sus-
tain upon each superficial foot thereof shall be estimated
by the owner, or by a competent person employed by
such owner, who shall make a written statement of the
thickness and material of walls, size, distance apart,
and material of girders, beams, columns or posts to
support floors, which shall be filed in the office of said
inspector and recorded. If said inspector has cause to Inspector may ex-
doubt the correctness of said estimate, he may revise and order change
and correct the same, and for the purpose of such
revision may enter any building and remove or cause
to be removed so much of any floor or other portion
thereof as may be required to make the necessary
measurements and examination, and he may, when he
deems it necessary, require the owner or occupant of
any building or part thereof to redistribute the load on
any floor or to lighten such load.
SECT. 10. All chimneys shall be so built that the
walls thereof shall be at least four inches in thickness
ments as to certain
amine buildings
of load.
Construction of
160
REVISED ORDINANCES.
Chimneys to ex-
tend three feet
above roof.
naces.
on each side of the flues, and the joints of the brick
work shall be well laid in cement or lime mortar struck
smooth on the inside and plastered on the outside from
foundation to under side of roofing. No woodwork of
any kind shall be placed at a less distance than one
inch from the outside of any chimney flue, hot air or
of fireplaces. steam pipe. The backs and hearths of fireplaces shall
be not less than eight inches thick of solid masonry,
and floor joists and flooring shall be placed at least
twenty inches from the front of the chimney. If
chimneys are built with a cast-iron or fire-clay lining
from the bottom of the flue, or from the throat of the
fireplace, if the flue starts therefrom, carried up con-
tinuously to the extreme height of the flue, then the
thickness of the wall of such chimney need not exceed
four inches. All chimneys shall extend at least three
feet above the roof and be capped with terra-cotta,
stone, cast-iron, or other suitable material. All fur-
Space over fur-
naces shall have a space of at least twenty inches
between the top of the furnace and the underside of
the floor timbers unless the same is protected by a
metal shield extending at least four feet in front, and
in no case shall the space be less than ten inches. No
stovepipe in any building with wooden or combustible
floors, ceilings or partitions shall enter any flue unless
the said pipe shall be at least twelve inches from either
the said floors, ceilings or partitions, or unless the
same is protected by a metal shield in which case the
distance shall be not less than six inches. In all cases
where stovepipes pass through stud or wooden parti-
tions of any kind, floors or roof, they shall be guarded
either by a double collar of metal with at least three
inches of air space and holes for ventilation, or soap-
stone not less than three inches thick extending
through the partition floor or roof and they shall be
subject to the approval of said inspector.
Certain buildings SECT. 11. All buildings over fifty feet in height
with standpipes.
es. shall be furnished with permanent standpipes attached
to the outside of the walls, to extend above the roof,
with two inlets at a convenient point from the side-
walk for attaching hose from a hydrant or steamer,
and a discharge gate and iron balcony at each floor
and a discharge gate on the roof for the use of the fire
department; the number and size of these pipes to
be approved by said inspector. Said pipes may be
placed on buildings in connection with the balcony
Spaces around
stovepipes.
to be provided
FIRE DISTRICT—CONSTRUCTION OF BUILDINGS THEREIN.
161
carried above roof,
enclosures to be of
switches.
ing within fire
fire escape ordered by the state inspector when such
balconies are built directly above each other.
SECT. 12. All elevators shall be carried above the Elevators to be
roof and covered with glass, which may be protected enclosures to be of
metal, etc.
with wire netting. All scuttles and all bulkheads used
for the enclosure of elevators and the coverings for the
machinery of the same shall be covered with metal on
all sides, including sides and edges and doors of the
same. The inner surfaces of all light and elevator
shafts unless they are built of fireproof material must
be lined with metal, and if constructed with wooden
studs the spaces between the studs must be completely
filled with some fireproof material. Electric currents Outside electric
entering buildings must have cutout switches on the
outside that are positive in their work and easy of
access. All gas service pipes entering buildings must Outside gas valves.
have a valve on the outside of the buildings located at
a convenient point, easy of access and to be kept in
perfect order by the gas company.
SECT. 13. Except by permission of the board of No wooden build-
aldermen no wooden building or part thereof within limits to be raised,
the said fire limits shall be raised unless to conform to
a change of grade of the street on which said building
may stand; and without like permission no wooden
building within said limits shall be enlarged or recon- reconstructed,
structed outwardly unless the enlargement or recon-
struction is made in accordance with the provisions of
this ordinance. Nor shall any wooden building be or moved, except.
moved from without said fire limits into the same, nor
from one place to another within said limits, except as
may be necessary to move the same across or out of the
fire limits aforesaid, or to conform to any change in
the width, or to any other alteration of the street on
which said building may stand, except by like permis-
sion of said board.
SECT. 14. Any wooden building within said fire Wooden buildings
limits that shall be damaged by fire or other casualty may be rebuilt if
60% of value re-
may be rebuilt or repaired if it shall be determined by mains;
the board of aldermen that the building damaged as
aforesaid is worth sixty per cent. of what it would cost
to build a new building of like character ; but if they
shall determine that the building so damaged is worth
less than sixty per cent. of such cost then said board
may, after due notice in writing to the owner of said value, and may
adjudge building
building or his authorized agent having charge of the a nuisance if less
than 60% remains.
same, and a hearing thereon, adjudge said building to
Wooden buildings
damaged by fire
board of aldermen
to determine
162
REVISED ORDINANCES.
ings, duties as to
be a nuisance, or dangerous to the neighborhood, and
all subsequent proceedings in relation to the same must
be in conformity to the laws and ordinances relating
to burnt and dilapidated buildings.
Inspector of build- SECT. 15. It shall be the duty of said inspector of
notice, etc.;
to buildings to examine and inspect all buildings erected
or in process of erection within said fire limits, and give
immediate written notice to the owner of any violation
of the requirements of this ordinance, and the owner
if notice to owner shall at once rectify said violation. If this notice is
notice to be given disregarded, said inspector must at once give written
notice of such violation to the mayor, who shall take
such measures as may be necessary to enforce the pro-
visions herein contained and protect the interests of
the city.
SECT. 16. All stores, storehouses, workshops and
of manufactories that are now or may hereafter be built
in said fire limits, which are more than forty-five feet
shutters.
in height, shall have fireproof doors, blinds or shutters,
which shall be hung independent of the woodwork on
to mayor.
Stores, etc., more
than 45 feet
to have fireproof
doors, blinds or
>
ings, how desig-
nated.
the same do not open on a street or unoccupied space
of twenty-five feet or more in width ; and every such
door, blind or shutter shall be closed upon the comple-
tiớn of the business of each day, by the occupant hav-
ing the use or control of the same.
Inspector of build- SECT. 17. The mayor and aldermen shall annually
during the month of January designate an officer to be
nominated by the mayor to be inspector of buildings,
as provided for in section four of chapter one hundred
Tenure of office and four of the Revised Laws. Said inspector shall
hold his office until his successor is designated, unless
sooner removed therefrom, in which case a new in-
Chief and deputy spector shall at once be designated. The city engineer
chief engineers of
fire department to and the chief and deputy chief engineer of the fire
be ineligible.
department shall be ineligible to said office.
Openings in party SECT. 18. Whenever it becomes desirable to cut a
doorway through any party wall separating two build-
ings, permission therefor shall first be obtained of said
inspector. The inspector may require such fire and
walls.
Fire and smoke
stops.
Thickness and
height of walls,
how measured.
spread of fire in the building. The thickness of every
wall as herein determined shall be the minimum thick-
ness as applied to solid walls. The height of every
external or party wall as referred to in this ordinance
shall be measured from the level of the street curb to
FIRE DISTRICT-CONSTRUCTION OF BUILDINGS THEREIN.
163
its highest point. External walls may be built in part Provisions as to
walls built in part
of iron or steel, and when so built may be of less thick- of iron or steel.
ness than is required for brick, provided such walls
meet the requirements of this ordinance as to strength,
and provided that all constructional parts are wholly
protected from heat by brick or terra cotta, or by
plastering three-fourths of an inch thick with iron fur-
ring and wire lathing. Wood lintels shall not be used Wood lintels.
for the support of brick walls over openings more than
four feet wide. Walls composed of stone facing with Bonding of walls
built of both brick
brick backing, must have bonds of stone or iron, not and stone.
more than two feet apart each way, satisfactory to said
inspector. Water tanks for fire purposes, which will Water tanks to be
contain five hundred gallons or more, erected upon the approved by in-
highest part of a building, shall be placed on brick
walls and approved by the inspector of buildings before
being filled with water.
SECT. 19. Whoever violates any of the provisions Penalty.
of this ordinance shall forfeit and pay for each offense
not exceeding one hundred dollars.
on brick walls and
spector.
164
REVISED ORDINANCES.
CHAPTER 31.
DILAPIDATED OR DANGEROUS BUILDINGS.
Section.
1. Revised Laws, chapter 101,
sections 1-5, accepted.
Laws 1. Burnt, dilapidated or
dangerous buildings, how
disposed of.
Laws & 2. Owner aggrieved may
apply for jury.
Laws $ 3. Verdict of jury, etc.
Laws § 4. Costs.
Laws Š 5. Nuisance may be abat-
ed, etc.
2. Revised Laws, chapter 104,
sections 4-12, accepted.
Section.
Laws $ 4. Inspection of buildings.
Laws § 5. Dangerous structures to
be secured or removed.
Laws $ 6. Survey of premises.
Laws Š 7. Unsafe structures to be
taken down.
Laws § 8. Appeal from order.
Laws & 9. Notice to non-residents.
Laws $10. Restraint of illegal
construction, etc.
Laws § 11. Schoolhouses in cities
to have fire escapes.
Laws § 12. Inspection of unsafe
structures.
ous buildings, how
SECTION 1. The first, second, third, fourth and fifth
R. L., ch. 101,
sects. 1-5, accepted. SecuiouS ULL
oted. Sections of Chapter 101 of the Revised Laws are hereby
accepted and adopted as follows, to wit:-
“SECT. 1. In a city or town in which the city
Burnt, dilapi.
dated, or danger- council or the inhabitants accept the provisions of this
disposed of.
low and the four following sections or have accepted the
corresponding provisions of earlier laws, the mayor
and aldermen or selectmen, after notice in writing to
the owner of a burnt, dilapidated or dangerous build-
ing, and a hearing, may adjudge it to be a nuisance to
the neighborhood, or dangerous, and may thereupon
make and record an order prescribing the disposition,
alteration or regulation thereof. The city or town
clerk shall deliver a copy of the order to a constable,
who shall forthwith serve an attested copy thereof
upon such owner, and make return of his doings there-
on to said clerk.
"SECT. 2. An owner who is aggrieved by such
Owner aggrieved
may appij foru order may, within three days after the service thereof
jury.
upon him, apply to the superior court for a jury. The
court shall issue a warrant for a jury, which shall be
impaneled by the sheriff within fourteen days after
the date of the warrant in the manner provided in
chapter forty-eight; or, instead thereof, if the appli-
cant for a jury so elects and after such notice as the
court shall order to the adverse party, it shall order a
DILAPIDATED OR DANGEROUS BUILDINGS.
165
etc.
sects. 4-12,
trial to be had at the bar of the superior court, in the
same manner as other civil causes are there tried by
jury.
“SECT. 3. The jury may affirm, annul or alter such Verdict of jury,
order; and the sheriff, if the trial is before him, shall eto
return the verdict to the next sitting of the court for
acceptance; and the verdict, whether before the sheriff
or in the superior court, being accepted, shall take
effect as an original order.
“SECT. 4. If the order is affirmed, the applicant Costs.
shall pay the costs; if it is annulled, he shall recover
damages and costs against the city or town; and if it
is altered, the court may render such judgment as to
costs as justice shall require.
“ SECT. 5. The mayor and aldermen of a city or Nuisance may be
selectmen of a town shall have the same power and a
van ona abated, etc.
authority to abate and remove any such nuisance as
is given to the board of health of a city or town by the
provisions of sections sixty-seven, sixty-eight and sixty-
nine of chapter seventy-five."
SECT. 2. The fourth, fifth, sixth, seventh, eighth, R. L., ch. 104,
ninth, tenth, eleventh, and twelfth sections of Chapter accepted.
104 of the Revised Laws are hereby accepted and
adopted as follows, to wit :-
“SECT. 4. In a city or town which accepts the pro- Inspection of
buildings.
visions of this and the eight following sections or has
accepted the corresponding provisions of earlier laws,
the superintendent of public buildings or such other
officer as the mayor and aldermen of said city or the se-
lectmen of said town may designate shall be inspector
of buildings, and, immediately upon being informed
by report or otherwise that a building or other struc-
ture or anything attached to or connected there-
with in said city or town is unsafe or dangerous to life
or limb, shall inspect the same; and if it appears to
him to be dangerous, he shall forthwith in writing
notify the owner, agent or any person having an inter-
est therein to remove it or make it safe and secure. If
it appears that such structure would be specially un-
safe in case of fire, it shall be deemed dangerous within
the meaning hereof, and the inspector may affix in a
conspicuous place upon its exterior walls a notice of
its dangerous condition, which shall not be removed or
defaced without authority from him. '
“SECT. 5. Whoever is so notified shall be allowed Dangerous
until twelve o'clock noon of the day following the serv-
structures to be
166
REVISED ORDINANCES.
secured or re-
moved.
premises.
ice of the notice in which to commence the securing
or removal of such structure, and he shall employ suf-
ficient labor speedily to secure or remove it; but if the
public safety so requires and if the mayor and alder-
men or selectmen so order, the inspector may imme-
diately enter upon the premises with the necessary
workmen and assistants and cause such unsafe struc-
ture to be shored up, taken down or otherwise secured
without delay, and a proper fence or boarding put up
for the protection of passers-by.
Survey of
“SECT. 6. If such owner, agent or person interested
in such unsafe structure refuses or neglects to comply
with the requirements of such notice within the time
limited, and such structure is not secured or taken
down as therein ordered, a careful survey of the prem-
ises shall be made by a board consisting in a city, of
the city engineer, the chief engineer of the fire depart-
ment and one disinterested person to be appointed by
said inspector, and in a town, of a surveyor, the chief
engineer of the fire department and one disinterested
person to be appointed by said inspector. If there is
no city engineer in such city or no chief engineer of the
fire department in such city or town, the mayor and
aldermen or selectmen, as the case may be, shall desig-
nate one or more officers or other suitable persons in
place of the officers so named as members of said
board. A report of such survey shall be made in writ-
ing and a copy thereof served on such owner, agent or
any interested person.
Unsafe structures “SECT. ". If such report declares such structure to
to be taken
be unsafe and dangerous, and if the owner, agent or
person interested continues such refusal or neglect, the
inspector shall cause it to be taken down or otherwise
made safe ; and the costs and charges incurred shall
constitute a' lien upon the land upon which the build-
ing is situated, and shall be enforced within the time
and in the manner provided for the collection of taxes
on land; and such owner or interested person shall,
for every day's continuance of such refusal or neglect
after being so notified, forfeit to the city or town in
which the structure is situated not less than ten nor
more than fifty dollars.
Appeal from
“SECT. 8. An owner or interested person who is
aggrieved by •such order may have the remedy pre-
scribed by sections two, three and four of chapter one
hundred and one; but the provisions of this section
down.
order.
DILAPIDATED OR DANGEROUS BUILDINGS.
167
residents.
construction, etc.
shall not prevent the city or town from recovering the
forfeiture provided in the preceding section from the
date of the service of the original notice, unless the
order is annulled by the jury.
“ SECT. 9. If an owner or interested person lives Notice to non-
out of the Commonwealth, said notices may be served
upon him by a notary public, whose certificate of serv-
ice under his notarial seal shall be sufficient evidence
thereof.
“ SECT. 10. The supreme judicial court or the su- Restraint of illegal
perior court shall have jurisdiction in equity to restrain
the construction, alteration, maintenance or use of a
building or structure in violation of the provisions of
any ordinance or by-law of a city or town and to order
its removal or abatement as a nuisance; and to re-
strain the further construction, alteration or repair of a
building or structure reported to be unsafe or danger-
ous under a survey authorized by section six, until the
determination of the matter, as provided in section
eight.
“SECT. 11. If a schoolhouse in a city has not been Schoolhouses in
provided with a safe and proper egress or other means fire escapes.
of escape from fire, as required by this chapter, within
six months after the written notice provided for in
section eighteen, the mayor, for the purpose of con-
forming to the provisions of this chapter relative to
egresses or other means of escape from fire in school-
houses, may, upon petition of one hundred citizens
or taxpayers in said city, authorize the expenditure
upon such schoolhouse of not more than fifteen per
cent. of the cost thereof, payable from any money in
the treasury of said city which is not otherwise appro-
priated.
“SECT. 12. Any member of the inspection depart- Inspection of
ment of the district police, if called upon by the mayor
and aldermen of any city, except Boston, or by the se-
lectmen of a town, shall inspect any building or other
structure or anything attached to or connected there-
with in such city or town which has been represented
to be unsafe or dangerous to life or limb.”
cities to have
unsafe structures,
168
REVISED ORDINANCES.
CHAPTER 32.
WATER DEPARTMENT.
Section.
Section,
1. Officers of water department, 7. Extensions of water service on
of whom to consist. How
city property not to be made
and wben elected ; tenure of
without application to water
office. Vacancies, how filled. registrar.
Salaries.
8. Work on street watering
2. Water registrar, his duties.
fixtures to be done by
3. Superintendentof water works,
department, on orders from
his duty.
supervisors, and at expense
4. Collector of taxes to receipt for
of street watering depart-
ment.
bills committed to him; to
9. Payment for water used by
collect; to account; to pay to
city treasurer and to re-
contractors on city contracts.
port. Collector's bond.
10. Lessees, etc., of city property
5. Bills abated or changed, pro-
to pay regular rates.
cedure. Water department | 11. City not to pay for water used,
to collect no bills.
but department to be cred-
6. Rules as to use of water, etc.
ited therewith.
Penalties for violation of rules.
Officers of water
department, of
elected; tenure of
office.
filled.
SECTION 1. The officers of the water department of
whom to consist. this city, under the direction of the board of water
commissioners, shall consist of a water registrar and a
How and when superintendent of water works, who shall both be
elected by viva voce vote by said board, in the month
of February annually, to hold their offices one year,
from the following first Monday in April and until
their successors are elected, unless sooner removed.
Vacancies, how Said board shall fill by election in manner aforesaid
any vacancy in either office for the unexpired term
only. Either officer may be removed by said board at
any time for cause. The salaries of both officers shall
be fixed by said board.
Water registrar, SECT. 2. The water registrar shall be the account-
ant officer of the department, and shall keep such
accounts, make such inspections and reports, and per-
form such other services as said board may prescribe.
He shall also make out and, on the first of every
month, commit to the collector of taxes for collec-
tion, bills for all money that shall have become due
the city on account of the water department, with a
list thereof arranged in convenient form for reference,
Salaries.
his duties.
WATER DEPARTMENT.
169
of water works,
- Collector of taxes
to receipt for bills
treasurer,
and receive the collector's receipt for the amount stated
therein. He shall also retain in his office an exact
duplicate of each list placed in the collector's hands.
SECT. 3. It shall be the duty of the superintendent Superintendent
of water works, under the direction of said board, to his duty.
have charge and care of all property, new construc-
tion, extension, repairs and management of the works
of said department, and to make such reports and
perform such further services as said board may pre-
scribe.
SECT. 4. The collector of taxes shall receive and re- Collector of taxes
ceipt for all bills and lists committed to him by the committed to him;
water registrar, as herein provided, and proceed to col. to collect;
lect the same as speedily as possible, giving such
notices and making such demands as may be prescribed
by said board ; and he shall account to the water com- to account;
missioners for the amounts stated in said lists, either
in money or certificates of abatements; on the first of
every week he shall pay over to the city treasurer all to pay to city
money collected by him on account of said department
and notify the water registrar of such payment, he
shall transmit monthly to said board a list of the un- and to report.
paid bills in his hands, which were committed to him
on the first of the month next preceding, with memo-
randa thereon, stating the reasons for their non-pay-
ment, so far as may be known to him. At the close of
each fiscal year he shall promptly transmit to said
board a complete and detailed list, or report, of all
unpaid bills in his hands at that date, with a statement
of the amount of the same. He shall also give such a Collector's bond.
bond for the faithful performance of his duties herein
prescribed as the mayor and aldermen shall approve.
SECT. 5. Whenever any bill that has been com- Bills abated or
mitted to the collector as herein provided is abated or cedure.
changed, a memorandum of such abatement or change
shall be sent to him by the water registrar, as a tem-
porary youcher for the amount of the same; and at
the close of each fiscal year a certificate for the total
amount as shown in detail on the books of the depart-
ment, of such abatements or changes made during the
year on the monthly lists committed, shall be signed
by the chairman of said board, or in his absence, by
some other member thereof, and shall be sent to the
collector and become his permanent voucher for the
amounts therein stated. Said board shall not them- Water department
selves, or by any officer or person connected with or in to
changed, pro-
to collect no bills.
170
REVISED ORDINANCES.
Rules as to use of
· water, etc.
Penalties for
violation of rules.
Extensions of
city property not
to be made with-
water registrar.
the employ of their department, collect any bill or
money due the city on account of said department.
SECT. 6. Said board may prescribe rules and regula-
tions not conflicting with any ordinance of the city, for
the introduction and use of city water and payment
therefor, and for the inspection, material, construc-
tion, alteration, or use of all water pipes and of water
fixtures of every kind through which water supplied
.by the city is used by any person or corporation, printed
copies of which rules and regulations shall be furnished
all persons taking water of the city. Any person
violating any of such rules and regulations shall be
subject to a fine not exceeding twenty dollars, to be
recovered in the police court of this city. Said board
may prohibit the use of water by any person or cor-
poration neglecting or refusing to comply with such
rules and regulations.
SECT. 7. . No extension of or addition to the present
city property not water pipes, fixtures or appurtenances, or the use of
out application to water through the same, in any building or on any
property belonging to the city or any department
thereof, shall be made except upon prior application
for the same to the water registrar, by the department,
committee or commission of the city having charge of
such property.
Work on street. SECT. 8. · All the installing, changing, relocating,
to be done by de- discontinuing, repairing and maintaining of stand-
orders from super-pipes, or other street watering fixtures and appurte-
nances, including the turning off and on of the water
as ordered, shall be performed by the water depart-
ment upon orders from the board of supervisors or
and at expense of their authorized agents; and the expense thereof shall
department. be borne by the street watering department.
Payment for water SECT. 9. All city water used by private contractors
under city contracts shall be charged for, and the
regular schedule rates for the same, collected in the
name of the city department, committee or commis-
sion making such contract, and payment therefor by
said contractor, shall be provided for in the specifica-
tions of each such contract.
Lessees, etc., of SECT. 10. Whenever any portion of the city prop-
city property to
pay regular rates. erty, with the exception of the city hall or school halls,
is leased or sub-let to private parties, and any rental or
its equivalent is charged or received for the same, then
and in such case the water department shall be entitled
to its just revenues for the use of the city water by
watering fixtures
partment, on
visors,
street watering
used by contract-
ors on city con-
tracts.
WATER DEPARTMENT.
171
water used,
but department to
be credited there-
such private parties, and shall charge the regular
schedule rates therefor and the same shall be collected
in the name of the city department, committee or
commission having charge of such city property.
SECT. 11. Except as provided in the above two sec- City not to pay for
tions, no charge shall be collected by or for the water
department for water furnished the city in its corpo-
rate capacity, or to any department thereof, which
may be used for municipal purposes, but said board
may in its annual report, and on the books of the
department, credit annually the water department þut department to
with the value of the water furnished the city for with.
municipal purposes, to be estimated as follows :
For fire protection, at twenty-five dollars for each
and every public fire hydrant:
: For street watering, at an average of one and one
half cents for each and every linear foot of surface
watered during the season:
For flushing sewers and drains, at ten dollars for
each and every flush gate or other fixture used for such
purpose:
For public watering tanks for animals, at fifty dol-
lars for each and every such tank:
For public drinking fountains for persons, at twenty
dollars for each and every such fountain:
For all other uses of city water for municipal pur-
poses, at the regular schedule rates for private takers.
172
REVISED ORDINANCES.
CHAPTER 33.
POLICE COMMISSION AND DUTIES OF THE POLICE DE-
PARTMENT.
17.
Section.
Section.
1. Police commission, appoint-
may suspend police officers.
ment and qualifications. Ten-
Proviso. “For cause” de-
ure of office. Compensation
fined.
and removal.
14. City marshal to be provided
2. Vacancies, how filled.
with money for emergency
3. Vice-chairman and clerk. Com-
expenses. Emergency bills
pensation of clerk.
to be approved. Money to
4. Powers and duties of police be returned by marshal.
commission.
15. City marshal, other duties of;
5. Police commission, meetings, es-
nuisances, etc.; offenses
timates and account. Not to
against laws, etc. ; com-
exceed credit of department.
plaints ; prosecutions; com-
6. Approval of bills.
mands of mayor, etc.
7. Police department, of whom to 16. City marshal, watchmen, du-
consist.
ties of in case of fire.
8. Police commission to elect Assistant marshal, powers and
other members of depart-
duties of.
ment. Marshal and assist 18. City marshal and other officers
ant marsbal to act as con-
to account for and pay over
stables.
fees, etc., to treasurer.
9. Sergeants, how chosen. Va- 1 19. Police signal telegraph to be
cancies, how filled.
in charge of superintendent
10. Lieutenant, how chosen and
of fire alarm. Expense to be
removed.
charged to police commis-
11. Inspectors, how chosen and
sion.
removed.
20. Revised Laws, chapter 108,
12. Certain officers to be sworn.
sections 26-28, accepted, re-
Marshal and assistant mar-
serve police force established.
shal to give bond.
Laws & 26. Reserve police force.
13. City marshal, powers and du Laws & 27. Number of members.
ties. To report breaches of Laws & 28. Powers, duties, com-
discipline. Offenders may be
pensation.
punished, when Marshal
Police commis-
sion,
appointment
SECTION 1. The police commission shall consist of
the mayor, acting ex officio, and three other persons
chosen as hereinafter provided. The present members
of the police commission shall hold their offices during
the terms for which they have been respectively ap-
pointed. Annually hereafter, in the month of April,
the mayor shall appoint, subject to confirmation by
the board of aldermen, a citizen and resident of the
city to be a member of said commission for the term
of three years from the succeeding first Monday of
May and until his successor is chosen. The mayor shall
act as chairman of said commission, but shall have no
POLICE COMMISSION, ETC.
173
power to vote. In all appointments of members of and qualifications.
said commission the political affiliation of the ap-
pointee shall be considered, with a view to so consti-
tuting the commission that not more than two of its
members so appointed shall be of the same political
party. No person shall be appointed who is a member
of the city council or holds any public office for which
he receives an annual salary. No person shall be ap-
pointed a member of said commission who has not been
a resident of the city of Springfield for at least three
years immediately preceding such appointment, or who
is, or at any time during the same period of three years
has been, directly or indirectly engaged in or directly
interested in, the manufacture or sale of intoxicating
liquor. No person shall serve as an appointed mem- Tepure of office.
ber of said commission more than two consecutive
terms of three years each. If any appointed member
of said commission shall remove from the city, or shall
accept any salaried public office, or shall become di-
rectly or indirectly engaged in or directly interested
in, the sale or manufacture of intoxicating liquor, he
shall cease thereby to be a member of said commission.
The members of said commission shall serve with- Compensation and
out compensation, and may be removed by the mayor
after due hearing, subject to approval by the board of
aldermen.
SECT. 2. In case any person so appointed shall die, Vacancies, how
resign, or become disqualified during his term of
office, the remaining members of said commission,
or a majority thereof, shall forthwith notify the mayor,
in writing, of the vacancy existing, who shall, as soon
as may be, appoint, subject to confirmation as afore-
said, a member of said commission to fill such vacancy
for the residue of the term.
SECT. 3. Said commission shall choose one of its Vice-chairman
members to be the vice-chairman of the commission,
who shall hold such position for such a term as the
rules of said commission may prescribe; or, if such
rules do not prescribe such term of service, he shall
hold the position of vice-chairman during the official
term for which he is appointed, and said commission
may appoint a clerk, who shall not be a member of
such commission, and prescribe the duties and term of
service and may remove such clerk at pleasure. Such Compensation of
compensation may be paid such clerk for the services
performed as shall be fixed by the city council.
removal.
filled.
and clerk.
Compensation of
clerk.
174
REVISED ORDINANCES.
of police com-
mission.
Powers and duties SECT. 4. Said commission shall, subject to the pro-
visions hereof, have the management and control of
the officers and members of the police department,
with power to make such lawful rules for their govern-
ment and discipline, and for the regulation and repair
of the police signal system, and the direction and con-
trol of the parties having charge and care thereof as
they may deem proper; it shall be responsible for and
have the charge and care of all property belonging to
said department, and shall see that the same is main-
tained in proper manner by a wise expenditure of so
much of the annual appropriation as may be necessary,
and in their discretion may sell, dispose of, or obtain
property used by that department; but any sale, dispo-
sition or purchase of property to an amount exceeding
five hundred dollars at any one time or for any one
purpose shall not be made without the authority of
the city council. All money derived from the sale of
such property shall be forth with paid to the city treas-
urer and credited by him to said department. The
commission shall approve all bills of the department,
including the monthly pay roll, which shall state the
number of days each member of the department has
been absent from duty during the month for which
each pay roll is made up, and shall have the power to
examine into, approve, or reject the allowance of com-
pensation to members of the police department for
absence from duty, other than the time allowed by the
ordinances of the city.
SECT. 5. Said commission shall meet at least once
sion, meetings,
a month, and shall annually, in the month of Febru-
ary, prepare and communicate to the committee on
finance of the city government an estimate of the
amount of money necessary to be raised for the then
current fiscal year for the use of the police department,
itemized as shall be desired by the finance committee.
Said commissioners shall keep an accurate and detailed
account of all expenditures, and annually, in the month
of December, shall render to the city council an item-
ized and exact account of the same. They shall not
expend any amount nor incur any liabilities or obliga-
tions that shall in the aggregate exceed the amount
standing to the credit of the department; and any
obligation contracted shall be met out of said amount.
Approval of bills. SECT. 6. Before any bill contracted under authority
hereof shall be paid by the city treasurer, the items
Police commis-
estimates
and account.
Not to exceed
credit of depart-
ment.
POLICE COMMISSION, ETC.
175
ment, of whom to
to elect other
partment.
thereof shall be approved by the written signatures of
a majority of said commissioners, by the written signa-
tures of the city auditor and by the mayor by an order
for its payment to be drawn upon the treasurer.
SECT. %. The police department of the city of Spring- Police depart-
field shall consist of the aforesaid police commission, consist.
city marshal, an assistant marshal, such a number of
night and day watchmen, as the city council shall from
time to time determine, one of whom shall be the captain
of the watch, and as many police officers as such com-
mission may deem necessary, and a reserve police
force as hereinafter provided.
SECT. 8. Such commission shall annually, in the Police commission
month of January, and whenever vacancies occur, members of de-
elect suitable persons to fill the offices of city marshal,
assistant marshal and captain of the watch, and
whenever vacancies occur elect within the limits as to
number specified in the foregoing section, night and
day watchmen, all of whom shall be also police officers,
and shall continue in office until their successors are
elected and qualified, unless sooner removed. Such
commission may also choose, from time to time and
for terms not extending beyond the end of the then
current municipal year, such police officers as they
may deem necessary, and a reserve police force as
hereinafter provided ; the city marshal and assistant Marshal and
marshal shall have the powers and be subject to the to act as consta-
duties of constables.
SECT. 9. The city marshal may, with the approval Sergeants, how
of such commission, detail and appoint not more than
four night and day watchmen, to be known as ser-
geants of police. In addition to their duties as ser-
geants, said sergeants may be detailed to act as
roundsmen. The night and day watchmen detailed
as such sergeants shall hold said office for a probation-
ary period of six months ; at the end of that period
they may be appointed to act as such sergeants, sub-
ject to removal by the city marshal on approval of
such commission. In case of the appointment of one
of said sergeants to the position of lieutenant of police
as hereinafter provided, the vacancy so created shall Vacancies, how
be filled in the same manner as an original appoint-
ment.
SECT. 10. The city marshal may also, with the ap- Lieutenant, how
proval of such commission, detail and appoint one of moved.
the aforesaid sergeants to the position of lieutenant,
assistant marshal
bles.
chosen.
filled.
Lieutenant, how
chosen and re-
176
REVISED ORDINANCES.
chosen and re-
moved.
be sworn.
assistant marshal
to give bond.
The person so appointed shall hold the office of
lieutenant for a probationary period of six months, and
at the end of that period he may be appointed lieuten-
ant subject to removal by the city marshal on approval
of such commission.
Inspectors, how SECT. 11. The city marshal may also, with the ap-
proval of such commission, detail not more than two
night and day watchmen to do special duty and
detective work as police inspectors. The city marshal
may remove said inspectors from said office at any
time, subject to the approval of such commission.
Certain officers to SECT. 12, Before entering upon his duty, each of
the officers named in the preceding sections shall be
duly sworn to the faithful performance thereof, and
Marshal and the city marshal and the assistant marshal shall also,
before entering upon the duties of their respective of-
fices, each give bond for the faithful performance
thereof, the city marshal in the sum of two thousand
dollars, and the assistant marshal in the sum of fifteen
hundred dollars, with sufficient sureties to be approved
by the mayor and aldermen.
City marshal,... SECT. 13. The city marshal shall have precedence
powers and duties.
over the assistant marshal, police officers, watchmen,
and reserve police officers, whenever engaged in the
same service, and they shall at all times, when on
duty, be subject to his command and control. He
shall, from time to time, make rules and regulations
for the government, disposition and management of
the night and day watchmen, which shall be in force,
provided they are consistent with the laws of the Com-
monwealth and the ordinances of the city, so long as
they shall stand approved by such commission, and
To report breaches not otherwise. He shall report forthwith to such
commission any violation of duty on the part of any
Offenders may be of his subordinates in the department. Such commis-
punished, when.
sion may for cause, after due hearing and except as
provided in chapter nineteen of the Revised Laws,
punish any night and day watchman, reserve or police
officer for insubordination, breach of the rules of the
department, or neglect of duty, by fine, reprimand,
suspension with or without loss of pay, or discharge,
City marshal may and said marshal may suspend from office for cause
oficers, proviso. any night and day watchman, reserve or police officer,
provided, that whenever he shall so suspend any such
officer he shall forthwith report the fact and cause
thereof to such commission, who shall forthwith pro-
of discipline.
suspend police
POLICE COMMISSION, ETC.
177
defined.
provided with
to be approved.
ceed to investigate said charge, and within two weeks
shall make known the result of their investigation, and
shall continue such suspension, reprimand, discharge
from, or reinstate in office, with or without pay during
such suspension, the person so suspended.
In continuing this section, the words “for cause ” “ For cause”
may be construed to mean “inefficiency” or “inca-
pacity.”
SECT. 14. The city treasurer shall pay over to the city marshal to be
city marshal annually, as soon after his appointment money for
emergency ex-
and qualification as said marshal shall request, the penses.
sum of two hundred dollars, the same to be paid on the
written request of said marshal and the written order
of the mayor, and charged to the appropriation for the
police department for the then current fiscal year. Said
money shall be kept by said marshal apart from his
own funds, and as money belonging to the city, and
shall be used by him only for the payment of such
traveling and other necessary expenses as any emer-
gency may call for, and which must be met at once and
without the delay incidental to the approval and
payment of bills as provided by ordinance. When- Emergency bills
ever any bill or expense shall have been paid out of
said fund, such bill or expense shall be approved and
paid by the treasurer, in conformity with the existing
ordinances, the same as if it had not been paid as
aforesaid ; and the amount thereof paid by said treas-
urer shall be paid to said marshal, and placed by
him to the credit of and shall become a part of said
fund to make good the deficiency caused by said use
thereof. Said marshal shall, annually, before the Money to be re-
expiration of his term of office, account for and pay
over to said treasurer said sum of two hundred dol-
lars, the same to be placed to the credit of said depart-
ment.
SECT. 15. It shall be the duty of the city marshal, City marshal,
from time to time, to pass through all the streets, lanes,
other duties of;
alleys and courts in the city to observe nuisances, nuisances, etc.;
obstructions and impediments, to the end that the
same may be removed; to notice all offenses against
the laws and ordinances of the city, taking the names offenses against
laws, etc.;
of offenders, to the end that they may be prosecuted;
to hear all complaints for any breach of the laws of complaints ;
the state or of the ordinances or orders of the city ; to
cause all offenders to be prosecuted as soon as may prosecutions;
be; to obey and execute all commands of the mayor
turned by marshal.
178
REVISED ORDINANCES.
commands of
mayor, etc.
of fire.
powers and
duties of.
and aldermen or such commission in relation to any
matter or thing concerning the city, and further, to
perform all such other and additional duties as may at
any time be prescribed to him by the mayor and alder-
men or such commission.
City marshal, SECT. 16. It shall be the duty of the city marshal,
watchmen, etc.,
and such of the watchmen and police officers of the
duties of in case city as may be selected for that service, on the alarm
of fire, to repair immediately to the place where the
fire may be, and there to use their best skill for the
preservation of the public peace, the prevention of
theft and of destruction of property, and for the re-
moval of all suspected persons.
Assistant marshal, SECT. 17. The assistant marshal, in the absence of
the city marshal, shall have all the powers and per-
form all the duties of the city marshal ; and he shall at
all times, under the direction of the city marshal, and
such commission, aid in the performance of any and
all the duties prescribed in the ordinances for the city
marshal.
SECT. 18. The city marshal, the assistant marshal,
the night and day watchmen, and all other members
City marshal and of the police department receiving moneys in the dis-
account for and charge of their duties shall, each, quarterly, account
for and pay over to the city treasurer all fees which
they shall receive for the service of any criminal
process, and also all fees which they shall severally
receive as witnesses in any and all criminal cases, and
all moneys received by them for services in behalf of
the city, other than that fixed as their compensation by
the city council.
Police signal tele- SECT. 19. The superintendent of the fire alarm
Charge of superin-telegraph shall, in addition to his other duties as such
superintendent, have supervision and general charge
and care of the rooms, apparatus, machinery and
fixtures of the police signal telegraph system, and
shall be responsible to the city marshal for their per-
fect order and efficiency. He shall keep an accurate
account of all extra labor and material needed for the
proper maintenance of said system, and all the expense
charged to police
commission. of said maintenance shall be charged to the account of
such commission
R. L., ch. 108, SECT. 20. Sections twenty-six, twenty-seven and
sects. 26-28,
accepted. twenty-eight of chapter one hundred and eight of the
Revised Laws of Massachusetts, relating to establish-
force established. ing a reserve police force, are hereby accepted and a
other officers to
pay over fees, et
to treasurer.
graph to be in
tendent of fire
alarm.
Expense to be
Reserve police
POLICE COMMISSION, ETC.
179
bers.
reserve police force is hereby established for the city
of Springfield, in accordance therewith, said sections
being as follows:-
“SECT. 26. Any city, except Boston, in which the Reserve police
force.
city council, with the approval of the mayor, accepts
the provisions of this and the two following sections
or has accepted the corresponding provisions of earlier
laws, may establish a reserve police force; and ap-
pointments thereto shall be made in the same manner
as appointments to the regular police force of said city,
subject to such rules as the civil service commission-
ers may prescribe.
“SECT. 27. The number of members of such reserve Number of mem-
force shall not exceed five in cities in which the num-
ber of members of the regular force does not exceed
fifteen. If the number of members of the regular force
exceeds fifteen, one member may be added to the
reserve force for every three of the regular force above
fifteen and not above thirty; one for every five of the
regular force above thirty and not above eighty; and
one for every ten of the regular force above eighty.
“SECT. 28. The mayor, chief of police or city mar- Powers,
shal of a city in which such reserve force is established
may assign the members thereof to duty in said city
whenever and for such length of time as said mayor,
chief of police or marshal may deem necessary; and duties,
when on duty the members of said reserve force shall
have all the powers and duties of members of the regu-
lar police force of said city. The compensation of the compensation.
members of said reserve force shall be fixed by the city
council.”
180
REVISED ORDINANCES.
CHAPTER 34.
PROVIDING THE MANNER OF LAYING OUT, ALTERING, AND
DISCONTINUING STREETS ; OF LAYING OUT AND ESTAB-
LISHING SIDEWALKS; OF LAYING SEWERS AND DRAINS,
AND FOR OTHER PURPOSES.
Section.
Section.
1. Applications for new streets or G. Material for roadway and
alteration of existing streets,
sidewalks, tree belts, etc.;
how and to whom made ; pro H. Curbing;
ceedings. Reference to board I. Gutters to be paved, when;
of public works.
J. Catch basins, etc.;
2. Board of public works to view
K. Treatment of corners and
premises, and hear parties
angles.
interested. Notice of hearing. 1 11. Streets constructed after Jan.
Views and hearings may be
1, 1902, not to be accepted
adjourned.
unless approved by board of
3. Proceedings after hearing.
public works.
Plans and estimates to be 12.–Streets not to be accepted un-
submitted to the city council. less sewer is constructed.
4. Before estimating damages, 13 --Avenues, lanes, alleys, places
parties interested may be
and courts, classified.
heard ; notice.
14 -Sidewalks, proceedings on
5. Parties interested may have question of laying or estab-
hearing before city council
lishing; notice of hearing,
on petition, subject of dam-
how served, returned, etc.
ages, etc.
15.-Board of public works to meet
6. Members of board of public
and hear parties interested,
works may attend such hear-
and report, etc. To cause sur-
ings, etc.
veys, plans, etc., to be pre-
pared. To fix time for con-
7. Order of action, and proceed-
ings upon reports of board of
struction, at least thirty days.
public works by city coun-
16.-Order to construct, notice of,
cil.
to be given to all abutters;
8. Betterments, proceedings on or-
how served, etc.
17. Supervisors to cause to be built
ders and petitions concerning.
sidewalks ordered, if abutters
9. No street to be less than 50
neglect. Assessment and col-
feet in width, except.
lection of expense.
10. Streets to conforın to following 18. Main drains and sewers; pro-
specifications ;
ceedings on question of lay-
A. Plan and profile to be filed ;
ing. If outside streets, not
B. Width and cross section;
to be laid without consent of
C. Stumps, etc., to be removed ;
interested parties.
D. Removal of clay, loam, etc.; | 19. Any matter relating to streets,
E. Excavation to sub-grade,
etc., may be referred to board
and slopes;
of public works.
F. Rocks, etc., to be removed; 20. "Street" includes what.
material for streets and em- | 21. Public attention to be called
bankments;
annually to certain sections.
Applications for
SECTION 1. Whenever a new street, or an altera-
alterations of ex- tion, widening, change of grade, discontinuance, or
isting streets, location anew of an existi
location anew of an existing street is wanted in the
LAYING OUT STREETS.
181
bow and to whom
made: Proceed.
board of public
works to view
parties interested.
city of Springfield, application therefor shall be made how and to whom
by petition in writing to the city council, signed by not ings.
less than six inhabitants of said city.
The mayor and aldermen shall act first on said Reference to
petition, and if they deem it best that a view or hear- works.
ing shall be had thereon, they shall refer it imme-
diately to the board of public works.
SECT. 2. As soon as may be after any petition men- Board of public
tioned in the preceding section has been referred to premises and hear
them by the mayor and aldermen, the said board shall
view the premises, and hear all the parties interested
therein, having first given notice of the view and Notice of hearing.
hearing by causing a notice thereof to be served by
the city marshal, the assistant marshal, or any
regular police officer who may be designated by the
mayor and board of aldermen for such duties, seven
days at least before the time fixed for said view and
hearing, by delivering to each of the owners of land
abutting upon such existing or proposed street, and
the owners of land upon which said new street is pro-
posed to be laid, an attested copy of said notice, or by
leaving the same at the last and usual place of abode
of each such owner as may have any such place of
abode within the city, known to the officer, and if any
such owner has no such last and usual place of abode
within the city, known to the officer, then such notice
may be left with his tenant or agent, or be posted on
or near the premises. All notices mentioned in this
section shall contain a copy of the petition, or the sub-
stance thereof, and the order of said board thereon,
and the said view and hearing may be adjourned from Views and hear-
time to time, and from place to place, at the discretion journea!
of said board.
SECT. 3. After viewing the premises and hearing Proceedings after
all parties who may desire to be heard, as provided for
in the preceding section, the said board shall report to
the city council whether in their opinion common con-
venience and necessity require the street to be laid out,
altered, widened, discontinued, located anew, or the
grade thereof changed. And if said board decide in
favor, in whole or in part, of such laying out, altering,
widening, changing of grade, locating anew, or dis-
continuing a street or way as herein before provided,
they shall, as soon as may be, cause to be prepared a Plans and esti-
plan and description of such proposed laying out, mitted to the city
altering, widening, changing grade, locating anew or
ings may be ad-
hearing.
mates to be sub-
council.
182
REVISED ORDINANCES.
damages parties
discontinuance; and except in case of discontinuance,
shall estimate the probable expense of fitting the same
for travel, and at the same time if, in the opinion of
said board, damages would be sustained by any person
or corporation in their property by reason of such lay-
ing out, altering, widening, change of grade, locating
anew, or discontinuing of any street they shall estimate
the amount thereof, and so far as practicable, the share
of each separately, damage for all land and buildings
to be estimated with reference to their value before the
laying out, altering, widening, locating anew, or dis-
continuing of the street, and such estimate shall not
include any increased value occasioned merely by such
laying out, altering, widening, change of grade, locat-
ing anew or discontinuance, and all such estimates
shall be submitted with their report to the city
council.
Before estimating SECT. 4. Before proceeding to estimate the damages
interested may be as aforesaid, the said board shall give to all parties in:
heard; notice.
terested an opportunity to be heard thereon, by caus-
ing notice of the time and place of hearing to be served
in the manner provided in the second section of this
chapter, except that said notices need not contain a
copy of the petition or substance thereof as required
by said second section.
Parties interested SECT. 5. At any time after notice of a hearing has
before city council been given by the board of public works under said
second section, and before final action by the mayor
and aldermen upon their report, any party interested
may apply in writing to either or both branches of the
city council, asking for a hearing before it upon said
petition, or upon the subject of damages, or upon any-
thing contained in said report, and thereupon shall be
heard thereon in that branch to which the application
is made at a time and place which it shall appoint, and
of which said applicant shall have due notice. Any
hearing appointed under this section shall be open to
all interested parties who appear and desire to be
heard.
Members of board SECT. 6. Any member of the board of public works
mapluattend such may attend any meeting of the mayor and aldermen
or common council, while their reports are under dis-
cussion, and may make such explanations and oral
statements of facts regarding them as he thinks fit,
SECT. 7. Action in the city council upon the report
upon reports of" of said board shall first be had by the mayor and alder-
on petition, sub-
ject of damages,
etc.
of public works
hearings, etc.
Order of action
and proceedings
LAYING OUT STREETS.
183
less than 50 feet in
men. And such order in the premises as shall be made board of public
works, by city
by the mayor and aldermen, together with the petition, council.
remonstrances, if any, and all plans, descriptions, and
estimates relating thereto, shall be transmitted to the
common council; but final action thereon shall not be
had in the common council until at least seven days after
the passage of the order by the mayor and aldermen.
SECT. 8. All orders or petitions relating to the as- Betterments, pro-
ceedings on orders
sessments of betterments by reason of the laying out and petitions con-
cerning.
of a new street, or any alteration, change of grade,
location anew, or discontinuance of an existing street
shall, at some time before final action is had thereon,
be referred to the board of public works, who shall
consider the same, either with or without a hearing;
and make report thereon to the mayor and aldermen.
The mayor and aldermen shall take such action upon
said report, and the subject matter therein contained,
as they shall deem best.
. SECT. 9. No street or way shall be hereafter laid No street to be
out, established or accepted as a public street of a less width, except.
width than fifty feet, unless the same was actually con-
structed previous to April 1, 1902.
SECT. 10. No street or way constructed on private Streets to conform
lands after September 16, 1902, shall be laid out, es- specitications :
tablished or 'accepted as a public street or recom-
mended for such acceptance as a public street, unless
previously constructed and completed in accordance
with the following specifications :
A. A plan and profile showing the location and Plan and profile to
grade of every street or way which it is proposed to
lay out and establish as a public street shall be filed
with the board of public works by the corporation or
individual proposing to open said street, at the time of
laying out as a private way and before the same is
graded or improved. Such plan and profile shall be
drawn to such scale as may be required by the city
engineer, and to his approval, and shall show the loca-
tion and grade of all connecting streets.
B. Every such street or way shall be constructed width and cross
not less than fifty feet in width, and shall have a road-
way of not less than thirty feet in width, and shall be
of such cross section as the city engineer may prescribe.
C. The entire area of every such street or way stumps, etc., to be
shall be cleared of stumps, rocks, roots and other
unnecessary material, and of all trees not intended
for preservation.
to following
be filed;
section;
removed;
184
REVISED ORDINANCES.
excavation to sub-
removed ;
material for
streets and em-
bankments;
material for road.
walks,
removal of clay, D. All clay, loam and loamy material shall be re-
loam, etc.;
moved from the limits of the roadway and of the side-
walks, to such a depth as may be approved by the city
engineer, and shall be deposited outside the limits of
such streets.
excavation to sub- E. All work in excavation and embankment shall
grade,
be brought accurately to a sub-grade, of not less than
six inches for the roadway and twelve inches for the
and slopes; sidewalk below the finished grade. All side slopes in
excavation and on adjoining land shall be at a ratio to
be furnished by the city engineer.
rocks, etc., to be F. All rocks and boulders in excavation shall be
removed from the street or used in the embankment.
All embankments shall be made of loam, clean sand,
gravel, cinders, furnace slag, rock or broken stone
only. Under no circumstances shall any perishable
material be used for the making of streets or street
embankments.
material for road. G. A good binding gravel or three grades of mac-
way and side-
adam, as may be approved by the board of public
works, shall be laid above the sub-grade on the road-
way and to the finished grade, and clean sand, or such
other materials as may be designated by the said
board, shall be laid on the sidewalks above the sub-
grade and paved to the finished grade with such
materials as may be designated by the said board.
tree belts, etc.; The tree belt and side slopes adjoining or near the
street line shall be covered with good loam at least
eight inches in depth and so applied as to insure
against slipping:
curbing;
H. The said board may at its discretion designate
such quality, length, depth and thickness of curbing
as in their opinion may be necessary to be laid on every
such street.
I. The side gutters on every street having a grade
paved, when;
of two per cent. or more shall be paved at least three
feet wide with stone, concrete or other suitable
material as may be approved by the city engineer,
catch basins, etc.; J. Every street having a continuous grade for more
than three hundred feet shall have catch basins and
grates at such locations and of such quality, kind and
dimensions and so connected with the permanent
drainage outlet, as may be approved by the city
engineer.
treatment of cor- K. All corners of intersecting streets shall be
rounded, and granite bounds shall be set at all angles,
gutters to be
ners and angles.
LAYING OUT SIDEWALKS.
185
structed after Jan.
accepted unless
curves and corners of connecting streets by the own-
ers of abutting land, and at their expense according to
the approval and direction of the city engineer.
SECT. 11. No street or way, constructed after Janu- Streets con-
ary 1, 1902 on private lands, shall be laid out, estab- 1, 1902, not to be
lished or accepted as a public street by the city of approved by board
e of public works.
Springfield, unless the location, direction and grade of
such proposed street shall have been determined by
the board of public works, previous to the construc-
tion of said street.
ŞECT. 12. No street or way shall hereafter be laid Streets not to be
out, established or accepted as a public street in the sewer is con-
city of Springfield unless the sewer or drain therein is
constructed in accordance with the directions of, or is
approved by the board of public works in regard to the
dimensions, materials and grade thereof.
SECT. 13. The name avenue shall be given only to Avenues, lanes,
alleys, places and
the longer and more important streets of the city. All courts, classified.
narrow passageways less than twenty-five feet in
width shall be called lanes or alleys according to fit-
ness; the longer and more important of them shall be
called lanes, and the shorter and less dignified ones
shall be called alleys. All blind or dead end streets
or passageways shall be known as places or courts.
SECT. 14. No sidewalk shall be laid out or estab- Sidewalks, pro-
ceedings on ques-
lished unless the question of laying out or establishing tion of laying or
establishing
shall have been first referred to the board of public
works by the city council. Said board shall, as soon as
may be, cause a notice of the time and place of the
hearing of all parties interested therein to be given to
the several owners of land in front of which said side-
walk is proposed to be laid out or established, by the
city marshal, assistant marshal, or any regular police
officer designated as provided in section two ; said Notice of hearing
notice shall be served seven days at least before the turned, etc.
time of said hearing, by leaving an attested copy
thereof at the last and usual place of abode of each
of said owners, or by delivering the same personally
to each owner or the tenant or authorized agent of such
owner; and if the owner or owners have no such place
of abode in the city, and no tenant or authorized agent
known to the officer serving said notice, or if being a
resident, he shall not be known as such by said officer,
then such copy shall be posted on or near the land in
front of which said sidewalk is proposed to be laid out
or established seven days at least before the time of
how served, re-
186
REVISED ORDINANCES.
Board of public
works to meet and
hear parties inter
ested and report,
etc.
plans, etc., to be
prepared.
construction, at
said hearing ; and said officer shall, before the time
appointed for the hearing, make a return of his doings
thereon, on the original notice, and deliver the same
to said board of public works who shall transmit the
same to the city council with their report.
SECT. 15. At the time and place appointed as
hear parties inter- aforesaid, the said board shall meet and hear all per-
sons and parties interested claiming to be heard, and
if deemed necessary or requested thereto, shall proceed
to view the premises ; and they shall thereafter report
to the city council whether common convenience and
necessity require that said sidewalk be laid out or
To cause surveys, established. If they report in favor thereof, in whole
or in part, they shall cause all necessary surveys,
plans and profiles to be made, indicating the height,
width, and grade of the proposed sidewalk, and the
materials of which it shall be constructed. And if the
said board deem it proper that the construction, as
well as the laying out of the proposed sidewalk should
To fix time for be ordered, their report shall also state the time within
least thirty days. which the same shall be completed, which time shall
be at least thirty days.
SECT. 16. When the city council have ordered a
sidewalk to be constructed and completed within a
certain time, notice thereof shall be given by the city
clerk to the owners of land in front of which said side-
walk is proposed to be constructed, which said
how served, etc. notice shall be served, returned, filed and preserved
in the office of the city clerk for future reference.
SECT. 17. Whenever any sidewalk, or any portion
sidewalks ordered, thereof, which has been laid out, established, and
ordered by the city council, to be constructed, after
notice to the owners of real estate, as is provided in
the preceding section, shall not be completed within
the time fixed in the order aforesaid, the board of
supervisors of highways and bridges shall cause said
sidewalk to be constructed according to the original
order, and the expense thereof shall be assessed by the
city council upon the persons owning the lands in
front of which said sidewalk is constructed ; and the
sums so assessed shall be a lien upon said lands, for
the term of two years from said assessment. The city
clerk shall certify such assessment to the tax collector,
who shall forthwith demand payment thereof, and
proceed to collect the same as provided for the collec-
tion of taxes or other claims due the city.
Order to con-
struct, notice of to
be given to all
abutters;
Supervisors to
cause to be built
if abutters neg-
lect;
assessment and
collection of ex-
pense.
LAYING OUT STREETS.
187
not to be laid with-
interested parties.
SECT. 18. No main drain or sewer shall be laid or Main drains and
sewers; proceed-
made, unless the question of such laying or making shall ings on question
of laying.
first be referred to the board of public works, who
shall report to the mayor and aldermen an estimate of
its cost, the materials of which, and the manner in
which the same should be laid or made and an estimate
of the damages likely to be occasioned by taking land
or water courses, and if the sewer or drain or any por- If outside streets,
tion thereof shall be outside the limits of the streets, out consent of
it shall not be laid otherwise than by the consent of
all persons interested, without the same proceedings
being had thereon as are hereinbefore provided in
cases of laying out streets.
SECT. 19. The mayor and aldermen and common Any matter relat-
council may, from time to time, as they may deem best, may be referred to
refer to the board of public works, any matter relating works.
to streets, sidewalks, bridges, sewers and drains, parks,
squares, and public places, and thereupon it shall be-
come the duty of said board, without delay, to consider
the matter so referred and make report thereon.
SECT. 20. The word street in this chapter shall “Street” includes
include highways, town ways, lanes, and alleys.
SECT. 21. The board of public works shall annually Public attention
in the month of March publicly call attention to the nually to certain
terms of sections nine to twelve inclusive of this
chapter and sections eleven and twelve of chapter.
thirty-six.
ing to streets, etc.,
board of public
6 Street” includes
what.
to be called an-
sections.
188
REVISED ORDINANCES.
CHAPTER 35.
ESTABLISHMENT OF BUILDING LINES.
Section.
1. Section 103 of chapter 48 of Re- | Laws, $ 103. Building line may be
vised Laws, accepted.
established; damages.
R. L., ch. 48, sect.
103, accepted.
Building line may
be established;
SECTION 1. Section one hundred and three of
chapter forty-eight of the Revised Laws is hereby
accepted, which section is as follows :-
"SECTION 103. If the city council of a city or if a
town accepts the provisions of this section or has
accepted the corresponding provisions of earlier laws,
a building line parallel to, and not more than twenty-
five feet distant from, the exterior line of a highway
or town way may be established in the manner pro-
vided for laying out ways, and thereafter no structures
shall be erected or maintained between such building
line and such way, except steps, windows, porticos
and other usual projections appurtenant to the front
wall of a building, to the extent prescribed in the vote
establishing such building line. Whoever sustains
damage thereby shall have the same remedies there-
for as for damages sustained by the laying out of a
town way."
damages.
establishing such to the extent urtenant to the
SEWERS.
189
CHAPTER 36.
SEWERS.
Section.
Section.
1. Superintendent of streets to be 10. Private drains in streets when
superintendent of sewers.
connected with public, to be
2. To have superintendence of
city property; prerequisites
main drains, common sewers,
to such connection.
and charge of building same; | 11. Sewers to be laid only in cer-
to make contracts.
tain streets; Exception on
3. To keep account of cost and
recommendation of board of
make report of work and ex-
public works.
penditures annually.
12. Private sewers in private
4. To build or lay common sewers.
streets.
City engineer to determine 13. Private drains in streets and.
grade and make measure-
entrances into mains, by
ments.
whom to be constructed, etc.
5. Opening of streets, not to inter- | 14. Land owner, etc., may be com-
fere with common sewers.
pelled to enter sewer, when ;
Removal of pipes interfering
owner, etc., to be notified.
with sewers.
Penalty for neglect to com-
6. No one to dig up streets, etc., ply.
for sewer purposes, except | 15. Private connecting with main
superintendent, etc. Penalty.
drains, how built, etc.
7. City engineer to inform super 16. Private drains not to be en-
intendent as to grades of
tered into main without per-
sewers.
mit from mayor and alder-
8. Plans of common sewers to be
men.
made and kept by city engi 17. Steam, not to be exhausted in-
neer; entries to be minuted
to main drains, etc. Penalty.
thereon.
18. Superintendent to inspect
9. Common sewers to be laid in
buildings, cause to be prose-
center of streets ; materials
cuted, etc.
and dimensions.
streets to be super-
intendent of
sewers.
To have superin-
tendence of main
drains, common
of building same;
SECTION 1. The superintendent of streets shall be Superintendent of
superintendent of sewers.
SECT. 2. The superintendent of sewers shall, under
the direction of the mayor and aldermen, take the gen-
eral superintendence of all main drains and common sewers and charge
sewers, built or permitted to be built or owned by the
city, and of all connections built under provisions of
this chapter, and take charge of the building, repairs,
and keeping in order of the same, and shall, when in-
structed to do so by the mayor and aldermen, make all to make contracts.
contracts for the supply of labor and materials there-
for.
SECT. 3. The superintendent of sewers shall keep To keep account of
and submit to the mayor and aldermen an accurate port of work and
account of the cost of constructing each main drain or annually.
common sewer, and of all other expenses in relation
cost and make re-
expenditures
190
REVISED ORDINANCES.
To build or lay
common sewers.
urements.
with common
sewers.
thereto, and he shall annually, in December, submit a
report of all work performed, and the amount of all
expenditures for sewers and drains.
SECT. 4. The superintendent of sewers shall build
or lay all common sewers or drains to the grade deter-
mined by the city engineer, and before connecting any
private drain with any main drain or sewer he shall
notify the city engineer of his intention so to do, and
of the time when he will have the same in proper con-
dition for the necessary measurements to be taken to
City engineer to locate the connection; and it shall be the duty of the
determine grade
and make meas- city engineer to take said measurements so as not to
hinder the work.
Opening of streets SECT. 5. Whenever any street shall be opened for
not to interfere
the laying of pipes for water, gas, or other purposes, or
for the prosecution of any works of construction or re-
pairs, said laying of pipes and repairs and work con-
nected therewith, or such work of construction shall
be executed so as not to obstruct the course, capacity,
or construction of a common sewer or drain, and when-
ever pipes for any purpose or any work of construction
shall hereafter be found to exist at such depth or in
such location as to interfere with any existing sewer
or with the building of any common sewer of the re-
quired size and at the proper depth and grades, the
department, corporation, company, or individual, as
the case may be, maintaining the same shall, upon
Removal of pipes notice thereof, at once remove, change, and alter said
pipe or pipes, or other works in such manner as the
superintendent of sewers may direct. If such depart-
ment, corporation, company, or individual neglects to
immediately remove, change, or alter such pipe or
pipes in accordance with the terms of notification,
then the superintendent of sewers may make such
removal, change, or alteration, and the cost there-
of shall be paid by such corporation, company, or in-
dividual.
No one to dig up SECT. 6. No person other than the superintendent
streets, etc., for
sewer purposes, of sewers, or his employees acting under his directions,
shall be allowed to dig up any street or open any main
drain or sewer for any purpose whatever, connected
with any sewer, or connect the same with a private
drain ; and any person who shall violate the pro-
visions of this section shall forfeit and pay a penalty
of not more than twenty dollars for each and every
offense.
interfering with
sewers.
except superin-
tendent;
penalty.
SEWERS.
191
inform superin-
grades of sewers.
engineer;
minuted thereon.
be laid in center
mensions.
streets when con-
lic, to be city
SECT. %. The city engineer shall furnish the super- City engineer to
intendent of sewers with suitable information of the tendent as to
proposed grade of sewers at points not over fifty feet
apart on the line of the sewers.
SECT. 8. The city engineer, whenever any common Plans of common
sewer is built, shall make a plan of the same, showing and kept by city
the form, mode of construction, depth below the sur-
face, relation of the grade line to the city base, and
the general direction of the sewer relatively to the
street lines or neighboring property; and insert said
plan in a book to be kept in his office for that purpose;
and shall also minute on said plans all entries into entries to be
any common sewer of which a plan exists.
which shoulhe ordered.com
SECT. 9. All common sewers which shall be ordered common sewers to
by the mayor and aldermen in any street or highway of streets;
shall be laid out as nearly as is practicable in the center
of such highway, and shall be built of such materials materials and di-
and of such dimensions as the mayor and aldermen
shall direct.
SECT. 10. All sewers and drains laid by private Private drains in
parties in any street, court, or way, opened or pro- nected with pub-
posed to be opened for public travel and accommoda- property;
tion, shall be the property of the city when connected
with a public sewer, and no such sewer or drain shall
hereafter be connected with a public sewer unless it
be of such size, material, construction, and depth, and
in such location as the city engineer may direct so far prerequisites to
as it is within the lines of such street, court, or way;
nor until the owners thereof shall, in writing, convey to
the city exclusive control over the same with the right
to enter such court, street, or way, and dig up the same
so far as necessary for repairing and controlling said
sewer or drain, and making connections therewith.
SECT. 11. . No sewer or drain, except a trunk sewer Sewers to be laid
when required by the conformation of the land, shall Streets;
be laid by the city of Springfield in any street or way,
unless such street or way has been or is to be laid out
and constructed in accordance with the provisions of
sections nine to twelve, inclusive, of chapter 34 ;
provided, however, that on recommendation of the Exception on rec-
board of public works, setting forth that public neces- board of public
sity requires the building of a sewer or drain in a pri-
vate street or way not so laid out and constructed, the
city council may, if such sewer or drain has been peti-
tioned for as required by the ordinances of the city,
order such sewer or drain laid in such street or way.
prerequisites to
such connection.
only in certain
ommendation of
works.
.
192
REVISED ORDINANCES.
private streets.
streets and
mains, by whom
etc.
may be com.
sewer, when;
Private sewers in SECT. 12. No connection shall be made between
any private drain or sewer in any private street or
way and any sewer of the city of Springfield, unless
such street or way has been or is to be laid out and
constructed in accordance with the provisions of sec-
tions nine to twelve inclusive of chapter 34; provided,
however, that on recommendation of the board of
public works setting forth necessity therefor the
board of aldermen may order a sewer or drain, in a
street or way not so laid out or constructed to be con-
nected with a sewer in a public street on such terms
and conditions as said board of aldermen may deem
advisable.
Private drains in SECT. 13. The construction of all private drains
entrances into within the street limits, and all entrances into any
to be constructed, main drain or common sewer shall be performed by
the superintendent of sewers, and all material therefor
shall be furnished by the city, and the cost thereof
and of the labor of laying the same shall be included
in the sum paid for the permit of entry.
Land owner, etc., SECT. 14. The mayor and aldermen and the board
pelled to enter of health shall each have power, in all cases where
there is a public sewer in any street or highway of the
city, to cause every owner of land adjoining such
street or highway, his agent or tenant, to make, sub-
ject to the provisions of this chapter, a sufficient drain
from his house, yard, or lot, to and into such sewer,
whenever, in the opinion of either of said boards, the
same shall be necessary for the protection of the pub-
owner, etc., to be lic health ; and shall, thereupon, give such owner,
notitied.
agent, or tenant notice in writing, specifying the time
within which such drain shall be constructed, its size
and form, and the materials of which it shall be con-
structed, and either of said boards may, whenever,
in their opinion, the protection of the public health
requires, prohibit the maintenance of any privy or
cesspool on any premises connected with a public
Penalty for neg. sewer, Any person who neglects to build a drain
under the provisions of this section within the time
specified in said notice to do so, or maintains a privy in
violation of such prohibition, shall forfeit and pay a
penalty of not more than twenty dollars for each and
every offense.
Private connect SECT. 15. All private drains hereafter connected
drains, how built, with any main drain or sewer must be built and con-
structed, and all private drains connected with any
lect to comply.
ing with main
etc.
SEWERS.
193
to be entered into
permit from
men.
exhausted into
main drain or sewer must be maintained and the sewer
protected, according to the rules and regulations for
sewers and drains.
SECT. 16. No private drain shall be entered into Private drains not
any main drain or common sewer without a permit in main without"
writing from the mayor and aldermen, which permit mayor and alder-
and application therefor must be of the form prescribed
in the rules relating to sewers and drains adopted by
the mayor and aldermen, and all persons to whom
such permit shall be granted shall pay therefor such
sum, not less than fifteen dollars, as the mayor and
aldermen shall determine.
SECT. 17. It shall be unlawful for any person or Steam not to be
corporation, or the employee of any person or corpo- main drains, etc.
ration, to use any main drain or sewer as a place into
which to exhaust steam from any boiler, engine, or
heating apparatus, or to exhaust steam therein by
allowing steam to pass directly or indirectly from any
boiler, engine, or heating apparatus into any main
sewer or drain. Any person who shall violate the penalty.
provisions hereof shall be punished by a fine of not
more than twenty dollars for each and every offense.
SECT. 18. It shall be the duty of the superintend- Superintendent to
ent of streets and sewers to inspect all buildings in cause to be
which steam is used for power or for heating purposes,
prosecuted, etc.
and to cause to be prosecuted all persons who shall be
found violating the provisions of this chapter.
inspect buildings,
194
REVISED ORDINANCES.
CHAPTER 37.
FOR THE PREVENTION OF INJURIOUS PRACTICES IN
THE STREETS.
Section,
1. Streets, etc., not to be dug upor
obstructed without license;
statement to be filed an-
nually, showing work pro-
posed to be done.
2. When streets, etc., are dug
up or obstructed, railings or
fences and lights to be put
up and kept around the places
obstructed. Streets to be
afterward repaired.
3. Awnings over streets and side-
walks not to be maintained
unless eight feet above side-
walk, etc.; nor without per-
mission of mayor, etc.; per-
mission revocable.
4. Signs, flags, merchandise, etc.,
not to be suspended over
sidewalks or streets, unless,
etc.; nor without permission
of mayor; permission revo-
cable.
5. House dirt, etc., not to be
placed in streets; handbills,
etc., not to be distributed in
streets, except.
6. Articles liable to puncture tires
or impede vehicles, not to be
in streets.
7. Firewood, etc., not to remain
on sidewalk over night, etc.;
if necessarily left, light to be
kept.
8. Certain animals not to be at
large, or depastured, in the
streets, etc.
9. Driving in streets, restrictions
as to; exceptions.
10. Vehicles for conveyance of
articles for hire, not to stand
for orders in streets, etc., ex-
cept in places assigned by
mayor and aldermen. May-
or and aldermen may license
and assign stands for. Li-
cense revocable.
11. Vehicles for conveyance of
persons for hire, not to stand
for orders in streets, etc., ex-
cept in places assigned. City
marshal shall assign stands
for such vehicles ; license
revocable.
Section.
12. Vehicles used for selling goods,
etc., where may not and may
stand. With wood, person
in charge must have certifi-
cate of quantity.
13. Vehicles not to be driven on
sidewalks, etc.; except chil-
dren's hand carriages.
14. Teams not to obstruct by
standing across streets, side-
walks, or crosswalks, nor to
stop on crosswalks.
· 15. Cattle not to be allowed to go
on sidewalks, except to cross.
16. Sidewalks, etc., not to be ob-
structed.
17. Buildings not to be moved
through streets without li-
cense from supervisors, and
filing agreement to comply
'with license and indemnify
city.
18. Snow and ice not to be thrown
into streets unless broken up,
etc.
19. Wood sawing or piling on side-
walk prohibited.
20. Gaming tables, etc., and gam-
ing in streets prohibited.
21. Booths, etc., for sale of any-
thing in streets prohibited.
22. Firearms not to be discharged
in streets, etc., except.
23. Fireworks, bonfires, etc., set-
ting fire to without license
prohibited.
24. Fences, guideposts, signboards,
awnings, etc., not to be
defaced.
25. City lamps not to be lighted or
extinguished without permis-
sion.
Trees not to be cut down, etc.,
without permission ; animals
not to be fastened to.
27. Street dirt, etc., restriction as
to removal of.
28. Disorderly conduct, indecent
or profane language in streets
forbidden.
Indecent exposure in bathing,
etc., prohibited.
30. Sink or impure water not to be
allowed to run into streets, etc.
26.
29.
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
195
Section.
Section.
31. Gates or doors not to swing | 42. Snow, collected by drifting,
over streets, etc.
etc.,' to be removed from
32. Auction sales, restriction as to
sidewalks.
holding on sidewalks, etc. | 43. Ice, encumbering sidewalks,
33. Ringing bells, uttering boister-
to be removed or covered
ous outcry, etc., prohibited
with sand.
in street without license. 44. Water from eaves or leader
34. Privy vaults and cesspools, pipes not to be discharged
restrictions as to carry-
upon street or sidewalk.
ing contents of through
Water from washing win.
streets.
dows or walls not to be dis-
35. Restrictions as to congregating
charged on street within cer-
to the obstruction of side-
tain hours.
walks, etc.
| 45. No person to sprinkle streets
36. No person to obstruct steps or
with wagon or cart without
passages of churches, etc.,
license; mayor and aldermen
by standing thereon. Per-
may issue such licenses ;
sons so obstructing to move
revocable.
on when ordered.
| 46. Coverings in sidewalks to be
37. Ball playing, kite and balloon
licensed. Bond to be given.
flying, and missile throwing 47. Conditions under which cov.
in streets prohibited.
verings may be maintained ;
38. Missiles, projecting by . air
revocation of license.
pipes, in or into streets, etc., | 48. Children under 16 not to loiter,
prohibited.
etc., on streets, etc., after
39. Coursing, coasting, etc., on
9.30 P. M., except.
any sidewalk forbidden.'
Alarm to be sounded at 9.30
Coasting, etc., in certain
P. M.
streets prohibited.
49. Penalty for violation of sect.
40. Wheeled vehicles, restrictions 48, and powers of police
• as to use of in streets, named
thereunder.
in section 39. Bicycles, tri | 50. Penalty for violations of pro-
cycles and automobiles ex-
visions of this chapter.
cepted in certain cases. | 51. Limitation of prosecutions.
41. Snow to be removed from side- / 52. City marshal, etc., to enforce
walks.
provisions of this chapter.
SECTION 1. No person, except the superintendent Streets, etc., not to
of streets, in the performance of his duties, shall break structed without
or dig up the pavement or ground in any public street,
or any sidewalk or ground in any public street, or any
sidewalk or common in the city, or erect any staging
for building thereon, or place any materials or rubbish
thereon, without first obtaining from the board of
supervisors of highways and bridges a written license
stating the space in the street or other public place
that may be occupied, and the time allowed for such
occupancy, and such other provisions as they may
deem best, and filing with the city clerk a written
agreement under seal, approved by said supervisors,
to comply strictly with the terms of the license and
indemnify the city from all loss, cost, or expense that
it may suffer by reason of such occupancy. And all Statement to be
persons or corporations shall, on or before May first showing work pro-
of each year, file a statement with the superintendent
of streets showing the work proposed to be done by
them during the ensuing year.
structed without
license.
filed annually
posed to be done.
196
REVISED ORDINANCES.
are dug up or ob-
or fences and
obstructed.
Streets to be after-
ward repaired.
1
When streets, etc., SECT. 2. Whenever any street, lane, alley, or side-
structed, railings walk or other public place in the city, shall, under any
lights must be put license granted as provided in the preceding section,
up and kept
around the places be dug up, obstructed, encumbered, or otherwise
thereby rendered unsafe or inconvenient for travel,
the person so licensed shall put, and at all times keep
up, a suitable railing or fence around the section of
the street, lane, alley, or other public place so ob-
structed, so long as the same shall be or remain unsafe
or inconvenient as aforesaid, and shall also keep one
or more lighted lanterns fixed to such fence or fixed in
some other proper manner, every night from twilight
in the evening through the whole night, so long as
such railing or fence shall be kept standing or obstruc-
ertion remain. He shall also within such reasonable
time as the board of supervisors of highways and
bridges shall direct, amend and repair such street,
lane, or alley, sidewalk, or public place, to the accept-
ance of the superintendent of streets.
SECT. 3. No person shall place or maintain any
awning or shade over any part of any street or side-
ss walk, unless the same be safely and securely fastened,
and so located and constructed as in no wise to incom-
mode passengers, the lowest part thereof to be at least
seven feet above the sidewalk, and in no case to extend
nor without per-
beyond the line thereof. No such awning or shade
mission of mayor shall be placed or maintained without written permis-
sion from the mayor and aldermen, which permission
cable.
shall be revocable, and any person having such
permission, so placing or maintaining the same, shall
in all respects conform to any direction in relation to
the location, extent, materials, construction, and
maintenance thereof which shall be given by the
mayor and aldermen.
Signs, flags, mer- SECT. 4. No person shall suspend or display, or
chot cause to be suspended or displayed, any sign, flag,
streets, unless,
or article of merchandise or any other thing over any
sidewalk or street in the city, unless the lowest part
thereof be at least eight feet above the sidewalk or
street, and no such sign, flag, article of merchandise
or other thing shall be so suspended or maintained, or
nor without per- displayed or maintained on any street or sidewalk
without written permission from the mayor and alder-
mayor, etc.;
permission revo-
men, which permission shall be revocable, and any
person having such permission and so suspending or
displaying the same, shall in all respects conform to
Awnings over
streets and side-
walks not to be
maintained unless
seven feet above
sidewalk, etc.;
and aldermen;
permission revo-
to be suspended
etc.;
mission of the
cable.
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
197
not to be placed in
streets, except.
not to remain on
any directions in relation to the location, extent, con-
struction and maintenance thereof which shall be
given by the mayor and aldermen.
SECT. 5. No person shall put or place, or cause to House dirt, etc.,
be put or placed, in any street, lane, or alley, or other streets; handbills,
public place in the city, any house dirt, ashes, filth, distributed in
shells, or other kind of rubbish, or distribute or cause
to be distributed, or throw or cause to be thrown, any
handbills, circulars, pamphlets, advertisements, or
other papers except newspapers to purchasers thereof.
SECT. 6. No person shall put, place or throw, or Articles liable to
cause to be put, placed or thrown, in any street, lane impede vehicles
not to be in
or alley, or other public place in the city, any nails, streets.
tacks, broken glass or other articles or substances
which may in any way be liable to puncture the tire
of any vehicle, or which may in any way impede or
obstruct the passage of any vehicle over said street,
lane, alley or place.
SECT. %. No person shall suffer his firewood, coal, Firewood, etc.,
or other fuel to remain unnecessarily on any sidewalk, sidewalk over
in night, etc.;
or in any street, lane, or alley in the principally in-
habited parts of the city, over night or after twilight
in the evening, and in case it must of necessity so re- if necessarily left,
main after twilight or through the night, the said i
owner shall place and keep a sufficient light over or
near the same through the night, to prevent injury
therefrom.
SECT. 8. No person shall permit any sheep, goat, Certain animals
swine, mule, ass, horse, or neat cattle belonging to him or depastured in
or under his control, to go at large or depasture in any
street, lane, or alley, or on any common in the city.
SECT. 9. No person shall drive any horse or horses Driving in streets,
in any street, lane, or highway in the city, at a rate of
speed exceeding eight miles per hour, except at such exceptions.
times and places as the supervisors of highways and
bridges may direct, said supervisors to notify the police
department of the time and place selected, nor in such
manner as to endanger or unreasonably incommode
any person passing therein.
SECT. 10. No owner, driver, or other person hav- Vehicles for con-
ing charge or control of any vehicle used for the for
purpose of conveying from place to place within said in
city, for hire, any wood, coal, lumber, stone, brick,
sand, gravel, clay, dirt, rubbish, goods, wares, furni- and aldermen.
ture, or merchandise, shall stand or wait with any
such vehicle, for orders or employment, or permit any
light to be kept.
streets, etc.
veyance of articles
for hire, not to
stand for orders
in streets, etc.,
except in places
assigned by mayor
198
REVISED ORDINANCES.
men may license
for.
veyance of persons
stand for orders in
streets, etc., ex-
cept in places
assigned.
such vehicle, so under his charge or control, to stand
for orders in any street, square, lane, court, or public
way or public place within said city, other than such
stands as may be assigned by the mayor and aldermen.
Mayor and alder. And the mayor and aldermen may from time to time
and assign stands grant licenses to such persons and upon such terms as
they may deem proper, to employ or use any such
vehicle, for the purpose aforesaid, and may designate
places within the city as public stands for such vehi-
cles to occupy while awaiting orders or employment.
License revocable. Whoever being so licensed wantonly violates the pro-
visions of this section shall in addition to the penalty
hereinafter, in this chapter, provided, have his license
forthwith revoked by said mayor and aldermen.
Vehicles for con- SECT. 11. No owner or driver or other person hav-
for hire, not to ing the charge or control of any vehicle licensed for
" the conveyance of persons, for hire, shall permit such
vehicle to stand or wait, except when waiting for the
return of a passenger temporarily absent, on any part
of any street, square, lane, court, or public way or
public place, within said city, other than the stand
which may be assigned therefor under the provisions
City marshal shall of this section. The city marshal shall from time to
time assign to the owners or persons having the charge
or control of such licensed vehicles stands in such
streets or public places as he may select, for the occu-
pation of such vehicles while awaiting hire ; and any
person violating the provisions of this section, shall, in
addition to the penalty hereinafter in this chapter pro-
license revocable. vided, have his license forthwith revoked by the
mayor and aldermen.
Vehicles used for SECT. 12. No person shall stand with any wagon,
where may not, - cart, or other vehicle, for the purpose of selling goods,
wares, merchandise, or produce therefrom upon Main
street between Central street and Carew street, or
within five hundred feet of said Main street upon any
street leading therefrom between said Central street
and Carew street. Provided, however, that any per-
son may stand with such cart, wagon, or other vehicle
loaded with fruit, provisions, wood, hay, or straw, for
such purpose on the southerly side of Court street, the
northerly side of Elm street, and the easterly side of
the street west of Court square, as said square existed
prior to the extension thereof to Water street, in such
order and in such manner as the city marshal or as-
sistant marshal may direct; and, provided further,
assign stands for
such vehicles;
and where may
stand.
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
199
son in charge
driven on side-
children's hand
sidewalks, or
stop on cross-
walk.
that no person shall stand in said streets, with any With wood, per-
such cart, wagon, or other vehicle loaded with wood must have certif-
icate of quantity.
for the sale thereof, without first having procured a
certificate from a competent measurer of wood and
bark, of the quantity of his load.
SECT. 13. No person shall drive, wheel, draw, or Vehicles not to be
push any cart, wheelbarrow, or other vehicle of bur- Walks, etc., except
den or of pleasure, upon or along any sidewalk in the carriages
city, except for the purpose of crossing such sidewalk
to go to or out of some adjoining inclosure; provided,
this section shall not apply to children's carriages
drawn by hand.
SECT. 14. No person shall stand with or permit any Teams not to ob-
struct by standing
team under his care or control to stand across any across streets,
public highway or street in such a manner as to ob- cross-walks ; nor to
struct the travel over the same, and no person shall
stop with any team in any public street at the side of
or so near to another team as to obstruct public travel,
and no person shall stop with any team or carriage
upon or across any crosswalk in any street or high-
way in the city.
SECT. 15. No person shall permit any goat, sheep, Cattle not to be
swine, horse, mule, ox, or cow, under his care, to go sidewalks, except
upon any sidewalk in the city, except for the purpose
of crossing such sidewalk to go to or from some ad-
joining inclosure.
SECT. 16. No person shall place or cause to be Sidewalks, etc.,
placed in or on any public way or street, or on any structed.
sidewalk, or footwalk, or crosswalk in the city, any
article or thing whatsoever, so as to interfere with
the convenient use of the same by any person travel-
ing thereon.
SECT. 17. No person shall move or cause to be Buildings not to
moved any building through any public street in the
city, without first obtaining from the supervisors of
supervisors,
highways and bridges a written license therefor, stat-
ing the streets through which, and the time within
which, the building may be moved, and any other
provisions they may deem best, and filing with the and Aling agree-
city clerk a written agreement under seal, approved with license and
indemnify city,
by said supervisors, to comply with the terms of the etc.
license and indemnify the city for all loss, cost, or ex-
pense it may suffer by reason of the moving of such
building.
SECT. 18. No person shall throw or put, or cause to Snow and ice not
be thrown or put, any snow or ice into any street, lane,
allowed to go on
sidewalks, except
to cross.
not to be ob-
be moved through
streets without
license from
and filing agree-
ment to comply
rse
LI
UN
to be thrown into
200
• REVISED ORDINANCES.
streets unless
broken up, etc.
piling on side-
in streets pro-
hibited.
discharged in
streets, etc.,
except.
streets unless or alley in the city, unless the same shall be broken up
and spread evenly over the surface of such street,
lane, or alley.
Wood sawing or SECT. 19. No person shall saw any wood or pile the
walk prohibited. same on the sidewalk of any street or way in the
city.
Gaming tables, SECT. 20. No person shall expose in or upon any
etc., and gaming
street, lane, alley, public place, or common in the city,
any table or device of any kind, by or upon which any
game of hazard or chance can be played ; nor shall
any person play any such game at such table or de-
vice, in or upon any street, lane, alley, public place,
or common in the city.
Booths, etc., for SECT. 21. No person shall place, or keep any table,
streets prohibited. stall, booth, or other erection, in any street, lane, alley,
or public place, or on any square or sidewalk, in the
city, for the sale of fruit or other things.
Firearms not to be SECT. 22. No person shall discharge any gun, pis-
tol, or other firearm, in any of the streets, highways,
public squares, or commons in the city ; provided, this
section shall not apply to the use of such weapons in
the lawful defense of the person, family, or property
of anyone, or in the performance of any duty required
by law, nor to the firing of a salute of cannon or artil-
lery by permission of the mayor and aldermen.
SECT. 23. No person shall set fire to any rocket,
ng cracker, squib, serpent, or other fireworks, or make
any bonfire in any street, lane, highway, public square,
or common in the city, without a license from the
mayor and aldermen.
Fences, guide-
SECT. 24. No person shall wantonly mar, injure,
posti, signboards, deface, or destroy any fence, guidepost, signboard,
to be defaced, or awning, lamp-post, lamp, or lantern in any street,
placarded.,
square or public place in the city, or affix any sign,
card, or other advertising matter, or attach any iron
ring to any such lamp-post.
City lamps not to SECT. 25. No person shall light or extinguish any
extinguished city lamp in any street, square, or public place in the
city, except by permission of the mayor and alder-
men.
SECT. 26. No person shall cut down, remove, injure,
without permis- or destroy any fruit, shade, or other tree, growing or
being in any public street, lane, alley, common, or
other public ground in the city, without the permission
animals not to be of the mayor and aldermen. And no person shall
fasten any horse or other animal to any such tree.
Fireworks, bon-
fires, etc., setting
fire to without
license, pro-
hibited.
without permis-
sion.
Trees not to be
cut down, etc.,
sion;
fastened to.
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
201
restriction as to
Disorderly con-
17
in streets for-
bidden,
not to be allowed
streets, etc.
not to swing over
SECT. 27. No person shall remove any street dirt Street dirt, etc.,
or manure from any public street, lane, or alley in the removal of.
city, without authority from the superintendent of
streets.
SECT. 28. No person shall loiter or behave himself Dust, indecent or
in a rude and disorderly manner, or use any indecent in streets hommage,
or profane language in any street, lane, alley, or other
public place in the city.
SECT. 29. No person shall swim or bathe in any Indecent expos-
pond, stream, or river in the city, divested of clothing etc., prohibited.
so as to be indecently exposed to the view of any per-
son lawfully passing or being in or upon any street,
lane, alley, common, square, railroad, or other public
place within the city.
SECT. 30. No person shall allow any sink water or Sink water, etc.,
other impure water, to run from any house, barn, or to run into
lot occupied by him or under his control, into any
street or highway in the city.
SECT. 31. No person shall allow any gate or door Gates or doors
belonging to premises owned or occupied by him or streets, etc.
under his control, to swing on, over, or into any street
or sidewalk in the city.
SECT. 32. No auctioneer shall hold his sale upon Auction sales,
any sidewalk or other thoroughfare in the city, so as holding on side-
to obstruct or prevent the free and convenient use of
the same by foot passengers traveling thereon.
SECT. 33. No person shall ring or cause to be rung Ringing bells,
any bell, or use or cause to be used any horn or other ous outéry, etc.;
uttering boister.
instrument, or utter any boisterous outcry in any street street without
in said city to give notice of any business or calling,
or to call attention for the purpose of making sale of
any article, unless thereto duly licensed by the mayor
and aldermen.
SECT. 34. No person or persons shall at any time Privy vaults and
whatsoever carry into or through any public street of restrictions as to
the city, any part of the contents of any privy vault of through streets.
or cesspool, in any cart, wagon, or other vehicle, or
utensil which shall not be closely covered, water-tight
and kept clean upon the outer surface.
SECT. 35. Three or more persons shall not stand Persons, restric-
together or near each other in any street, or on any gregating to the
foot walk or sidewalk in the city, so as to obstruct the sidewalks, etc.
free passage for foot passengers, and any person or
persons so standing shall move on immediately after a
request so to do, made by the mayor, city marshal, or
any police officer, or watchman.
restriction as to
walks, etc.
prohibited in
license.
carrying contents
tions as to con-
obstruction of
202
REVISED ORDINANCES.
No person to
obstruct steps or
passages of
churches, etc.,
by standing
thereon.
structing, to move .
and balloon fly
throwing in
streets, prohib-
ited.
in or into
streets, etc., pro-
hibited.
Coursing, coast-
SECT. 36. No person shall be or remain upon the
steps of, or other projection from, any church, hotel,
hall, or public building, nor in any hall, space, or way
leading thereto, so as to incommode or obstruct the
passage to and from such church, hall, hotel, or
Persons so ob- building. And every person so being or remain-
on when ordered. Ⓡing, when ordered by the mayor, city marshal, po-
lice officer, watchman, owner, agent, or other person
having charge of said church, hotel, hall, or other pub-
lic building, shall immediately depart therefrom.
Ball playing, kite SECT. 37. No person shall, within the limits of any
and missile"> street or highway in the city, play at any game of ball,
or fly any kite or balloon, or throw any stone or other
missile, or engage in any other game, amusement,
or exercise interfering with free, safe, and convenient
use of such street or highway by any person traveling
or passing along the same.
Missiles, project- SECT. 38. No person shall project by means of any
ing by air pipes,
air pipe, blow pipe, air gun, pop gun, spring gun, bow
gun, or cross bow, any missile or substance whatsoever
in or into any public street, highway, court, square,
park, avenue, or place within the city.
SECT. 39. No person shall course, coast, or slide
sidewalk forbid- upon any sled, board, or other thing, upon any side-
Coasting, etc., in
walk or footwalk in the city. No person shall course,
coast, or slide on any sleigh, sled, or any other vehicle,
in, along, or upon the streets and portions of streets
hereinafter named, to wit: State street; Maple
street, from State street to Pine street; Chestnut
street; High street ; Union street ; Central street, east
of Maple street; Mill street; Fort Pleasant avenue;
Locust street; Belmont avenue; Pearl street, from
Byers street to Chestnut street; Harrison avenue;
Sharon street about five hundred feet westerly from
Chestnut street; and Worthington street; nor upon
portions of streets at Indian Orchard, hereinafter
named, to wit: Oak street, from Berkshire street to
Main street; Hampden street, from Myrtle street to
Oak street; Worcester street, from Myrtle street to
Oak street.
SECT. 40. No persons, except invalids, or lame, or
otherwise disabled persons, shall put in motion, or use
in motion, any wheeled vehicle, in, along, or upon any
of the streets, or portions of streets designated in sec-
tion thirty-nine of this chapter unless such vehicle
shall be propelled by some beast attached thereto, or
den.
certain streets,
probibited.
Wheeled vehicles,
restrictions as to
use of in streets
named in sec-
tion 39.
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
203
motor cycles and
be removed from
by drifting, etc.,
to be removed
from sidewalks.
drawn or pushed by some person on foot. This sec- Bicycles, tricycles,
tion shall not apply to the use of bicycles, tricycles, automobiles ex-
cepted.
motor cycles or automobiles.
SECT. 41. The tenant, occupant, and in case there Snow, falling, to
be no tenant the owner or person having the care of sidewalks.
any estate abutting upon any street, lane, court, or
square within the city, where there is a sidewalk which
now is or may hereafter be established or set apart as
such, shall, after the ceasing to fall of any snow
thereon, within twenty-four hours cause the same to
be removed therefrom.
SECT. 42. Whenever any snow shall be collected Snow
or deposited upon any sidewalk mentioned in the pre-
ceding section, either by falling from some adjoining
building or by drifting upon said sidewalk, the tenant,
occupant, and in case there be no tenant the owner or
person having the charge of the estate abutting upon
said sidewalk, shall within twenty-four hours after its
being so collected or deposited cause the same to be
removed therefrom. .
SECT. 43. . Whenever any sidewalk mentioned in Ice encumbering
the forty-first section of this chapter shall be encum-
bered with ice, it shall be the duty of the tenant,
occupant and in case there be no tenant the owner or
person having the care of the estate abutting thereon,
to cause such sidewalk to be made safe and convenient
for travel, by removing the ice therefrom, or by cover-
ing the same with sand or some other suitable
substance, within twenty-four hours after such side-
walk shall have become so encumbered.
SECT. 44. No person shall permit water from the Water from eaves
eaves or leader pipes of any building owned or cared not to be disa
for by him to be discharged upon any public street or Stret
charged upon
sidewalk in the city, and no person, between the hours
walk.
of eight o'clock in the morning and ten o'clock in the Water from wash-
evening, shall wash or allow to be washed any win- walls not to be
dows or wall of a building owned or cared for by him in street within cer-
such a manner as to cause the discharge of water upon tain be
any public sidewalk or walk devoted to the public use.
SECT. 45. No person shall sprinkle any of the public No person to
streets of the city by the use of street-sprinkling with wagon or
wagons or carts unless he or his employer shall have license;
first obtained a license as hereinafter provided. The mayor and alder-
mayor and aldermen shall issue such licenses to such such licenses;
parties and on such terms and conditions as they may
deem proper, and a record shall be kept of all licenses
sidewalks to be
removed or
covered withi
sand.
or leader pipes
street or side-
ing windows or
tain hours.
sprinkle streets
cart without
men may issue
204
REVISED ORDINANCES.
revocable,
Coverings in
sidewalks to be
licensed.
Conditions under
which coverings
may be main-
tained.
so issued. Such licenses may be revoked at any time,
and if not revoked shall expire on the first day of April
following their date.
SECT. 46. No person or corporation shall place or
sidewalks to be
maintain in the sidewalk of any public street in the
city any covering made of metal or the combination
of metal and any other material, without first having
been authorized so to do by a written license from the
supervisors of highways and bridges, which license
shall not be valid until recorded by the city clerk in a
Bond to be given. book to to be kept for the purpose ; and no such license
shall be given except on condition that the licensee
give to the city a bond, to be approved by the mayor,
conditioned to protect said city from loss by reason of
any injuries any party may suffer from the breaking
of such covering or the slipping or falling thereon by
any traveler in the street.
SECT. 47. Said board shall not authorize the plac-
ing or maintaining in said sidewalks of any such
covering except upon the express condition to be stated
in said license, that the same shall be so constructed
as not to present a smooth surface on which travelers
may slip, or a surface so rough as to be an obstruction
to public travel. Any license granted by said board
may be revoked at any time by a written revocation
to be filed with said clerk, who shall note the filing
thereof on the recorded copy of the license, and each
license shall state that it is subject to such revocation.
Children under 16 SECT. 48. No child under sixteen years of age,
on streets, etc.," shall be, loiter, or remain upon any street, highway,
park or other public way or place, in the city, after
the hour of nine thirty o'clock in the afternoon of any
day, unless accompanied by or under the control or
care of a parent, guardian, or other adult person ; or
unless in some employment, or in the performance of
some duty directed in writing by said parent, guard-
ian, or other adult person; and no such child, while in
such employment or performance of such duty, shall
loiter upon any such street, highway, park or other
public way or place.
The chief engineer of the fire department shall
sounded at 9.30
cause three blows to be sounded on the fire alarm sig-
nals at nine thirty o'clock each evening.
SECT. 49. Any person violating any of the provi-
sions of section forty-eight shall be liable to a penalty
not exceeding five dollars for each offense.
Revocation of
license.
after 9.30 P. M.,
except:
Alarm to be
P. M.
Penalty for vio-
lation of sect. 48
PREVENTION OF INJURIOUS PRACTICES IN STREETS.
205
tion of provisions
In enforcing section forty-eight, a police officer and powers of
police thereunder.
may, in his discretion, warn and send home any child
who for the first time violates the provisions of said
section, and notice thereof shall be sent the parent,
guardian or other person having the care of such child.
SECT. 50. Except as provided in the preceding sec- Penalty for viola-
tion, whoever shall offend against or fail to comply of this chapter.
with any of the provisions of this chapter, shall for
each and every offense forfeit and pay a penalty of not
less than two nor more than twenty dollars.
SECT. 51. No person shall be prosecuted for any Limitation of
offense against any of the provisions of this chapter,
unless complaint for the same shall be instituted and
commenced within six months from the time of com-
mitting such offense.
SECT. 52. The city marshal, assistant marshal, and City marshal, etc.,
all police officers and watchmen are especially charged visions of this
to see that the provisions of this chapter are enforced.
prosecutions.
chapter.
206
REVISED ORDINANCES.
CHAPTER 38.
PROTECTION AGAINST SNOW-SLIDES.
Protections
against snow-
erected.
Section.
Section.
1. Protections against snow-slides,
4. Snow encumbering roofs, en-
board of supervisors to cause
dangering travel, to be re-
to be erected.
moved by owners, etc.;
2. Board may prepare order for
supervisors may remove
such protection; if order is
twenty-four hours after snow-
adopted to give notice there-
storm, at owner's expense.
of. Notice to contain copy of | 5. Account of expenses, to be kept
order; how served, upon
by supervisors ; and to be
owner, etc. ; owners to obey
collected as provided in
order.
chapter 4.
3. Supervisors to execute order, if | 6. Penalty for violation of provi.
owner, etc., neglects.
sions of section 2.
SECTION 1. The board of supervisors of highways,
slides, board of in addition to the duties heretofore devolving upon
supervisors to
cause to be them, are hereby authorized and empowered to cause
to be erected such balustrades or other protections
(for security against snow-slides) upon the roofs of all
buildings now standing, or that may hereafter be
erected within the city of Springfield, as in their judg-
ment the public safety requires.
SECT. 2. Whenever in the judgment of said board
the public safety requires the erection of such balus-
trade or other protection upon the roof of any build-
ing then standing or in process of erection in said city,
they shall prepare an order calling for such an erection
as they may deem sufficient and proper, and if said
notice thereof. order shall be adopted by the city council, said board
shall then give notice thereof to the owner of such
building or buildings or authorized agent of such
owner, if either reside in the city, and if not, then a
copy of such notice shall be posted on the premises.
Notice to contain Such notice shall contain a copy of such order, and
copy of order;
bow served upon shall be served, returned, filed, and preserved in the
owner, etc.;
same manner as is provided for the service of notices
in the fourteenth section of chapter thirty-four, and
the owner or owners of such buildings shall imme-
diately cause such erections to be made as are called
for by the order, and to the acceptance of said board.
SECT. 3. If such order shall not be complied with
execute order, if
to the acceptance of said board within the time that
Board may pre-
pare order for
such protectior
if order is
adopted to give
owners to obey
order.
Supervisors to
PROTECTION AGAINST SNOW-SLIDES.
207
lects.
Snow encumber-
remove twenty-
snowstorm, at
shall be therein limited, said supervisors shall proceed owner, etc., neg-
immediately to cause such erections to be constructed
or completed as are called for by the order.
SECT. 4. Every occupant of a building, and every Snow encumber-
owner of an unoccupied building standing upon or so gering travel, to
near the line of a street that snow-slides from the roof owners, etc.;
be removed, by
may endanger public travel, shall, within a reasonable
time after the termination or abatement of a snow-
storm, cause the snow to be removed from the roof
thereof, in such manner as will not endanger travelers.
And whenever any building so situated, shall, for the supervisors may
space of twenty-four hours after the termination or four hours after
abatement of a snowstorm, be encumbered with snow owner's expense.
upon the roof, which, in the judgment of said super-
visors, endangers public safety, said board may cause
it to be removed at the expense of such occupant or
owner.
SECT. 5. It shall be the duty of said board to keep Account of
expenses, to be
an accurate account of all the expenses incurred in kept by super-
carrying into effect any of the provisions of this chap-
ter and report the same without delay to the city au-
ditor with the names of the persons from whom the
same are due and the amount due from each person,
and the same shall be collected as provided in chapter as provided in
four.
SECT. 6. Any person who shall offend against or Penalty for
fail to comply with the provisions of section second of visions of section
this chapter shall pay a penalty of not less than ten
nor more than twenty dollars, which shall inure to the
use of the city and be turned over to the city treasurer.
visors;
and to be collected
visions of section
second.
208
REVISED ORDINANCES.
CHAPTER 39.
TRANSPORTATION OF EXPLOSIVES.
Section.
1. Transportation of explosives
through streets regulated.
į Section.
2. Penalty.
Transportation
of explosives
through streets
regulated.
SECTION 1. No person shall transport through any
street or way within the city of Springfield, gunpow-
der in quantities of twenty-five pounds or over, nitro-
glycerine, dynamite, guncotton, or any other fulmi-
nate or substance which is intended to be used by
exploding or igniting it, unless permission shall have
been obtained from the city marshal, who shall pre-
scribe the manner and method of such transportation.
SECT. 2. Any person violating the provisions of
this chapter shall be punished by a fine not exceeding
fifty dollars for each offense.
Penalty.
DOGS.
209
CHAPTER 40.
DOGS.
Section.
Section.
1. Metallic tags to be attached to
and notice, dog to be re-
collars of dogs. Description
moved or destroyed.
of tag.
3. Penalty ; proviso.
2. On complaint to city marshal
SECTION 1. The owner or keeper of any dog owned
or kept within the city of Springfield shall, except
Metallic tags to be
where such owner or keeper has a special license to attached to
collars of dogs.
keep dogs for breeding purposes, attach to the collar
of such dog a metallic tag, to be worn on the collar and
to be furnished by the city clerk without charge, when
the license is issued for such dog. Such tag shall have
upon it the word “ Springfield,” and the year in which
Description of
the license is issued, together with the number of the tag.
license as registered for that year.
SECT. 2. On complaint being made to the city mar-
shal, that any dog owned or kept within the city, by
On complaint to
barking, biting, howling, or in any other way or man- city marshal and
ner disturbs or has disturbed the quiet of any person removed
destroyed.
or persons within the city, the marshal shall give no-
tice thereof to the person owning or keeping such dog,
and such owner or keeper shall thereupon cause such
dog to be forthwith removed and kept beyond the
limits of the city or destroyed.
SECT. 3. Any owner or keeper of a dog who shall
fail to comply with the provisions of the preceding
sections shall forfeit and pay a penalty of not more
than ten dollars, provided that the court before which
the complaints shall be tried shall be satisfied that the
tag required by section one had not been attached to
the collar as provided by said section, or that the dog
complained of had in the manner described in section
two disturbed any person or persons.
notice, dog to be
Penalty;
proviso.
210
REVISED ORDINANCES.
CHAPTER 41.
PAWNBROKERS.
Section.
1. Pawnbrokers to be licensed.
Section.
. 2. Not to receive articles from
minors.
3. Penalty.
licensed.
Not to receive
articles from
minors.
Pawnbrokers to be SECTION 1. No person shall carry on the business
of a pawnbroker in this city unless he is duly licensed
therefor by the mayor and aldermen, pursuant to the
provisions of chapter one hundred and two of the
Revised Laws.
SECT. 2. No pawnbroker shall, directly or indi-
rectly, receive any article in pawn of any minor or
apprentice, knowing or having reason to believe him
to be such.
Penalty.
SECT. 3. Whoever violates the provisions of the
preceding section, shall be punished by a fine of not
more than twenty dollars for each offense.
JUNK DEALERS.
211
CHAPTER 42.
DEALERS IN JUNK AND SECOND-HAND ARTICLES.
Section.
1. Licenses.
2. Record book to be kept.
3. Powers of police officers.
Daily report to city marshal.
4. Not to deal with minors. Ar-
ticles sold to be traced, when.
5. Sign.
6. Inspection.
Section,
7. Hours for transaction of busi-
ness.
8. Licenses confined to places
designated.
9. Penalty.
10. Dealers in second-hand books
and furniture exempt.
License to contain provisions
of this chapter.
SECTION 1. No person shall be a dealer in or keeper Licenses.
of a shop for the purchase, sale or barter of junk, old
metals, or second-hand articles in this city, unless
he is duly licensed therefor by the mayor and alder-
men and shall exhibit his license when requested
so to do.
SECT. 2. Every person dealing in said articles or Record book to
be kept.
keeping such a shop, shall keep a book in which he
shall record in the English language at the time of
every purchase by him of either of the articles men-
tioned in the preceding section a description of the
articles so purchased, the name, age, and residence of
the person from whom, and the day and hour when he
so purchased it. No entry made in such book shall be
erased, obliterated or defaced and the form of such
book shall be prepared by the city marshal. Said book
shall at all times be open to the inspection of the mayor
and aldermen, or of any person by them authorized to
make such examination.
SECT. 3. Any police officer may, when authorized
by the city marshal, enter the shop of any such dealer in
junk or second-hand articles and examine the books
and property in said shops, and all articles purchased
or held by said dealers in junk or second-hand articles
shall be exhibited to any police officer whenever a de-
mand shall be made for such exhibition. Every such a
h Drajky report to
licensed dealer shall make out and deliver to the city city
marshal every day before the hour of twelve o'clock,
noon, a legible list, containing an accurate description
Powers of police
officers.
Daily report to
y marshal.
212
REVISED ORDINANCES.
Not to deal with
minors.
traced, when.
of all articles purchased during the preceding twenty-
four hours, and the time when such articles were
purchased.
SECT, 4. No keeper of such shop shall directly, or
indirectly, either purchase or receive by way of barter
or exchange, any of the articles aforesaid of any minor
or apprentice, knowing or having reason to believe him
Articles sold to be to be such; and no article purchased by such shopkeeper
shall be sold by him until a period of at least one week
from its purchase or receipt by him shall have elapsed,
without entering on his book the name and address of
the purchaser, with other facts sufficient to enable him
to keep trace thereof.
Sign,
SECT. 5. Every keeper of such shop shall put, in
some suitable and conspicuous place on his shop, a
sign having his name and occupation legibly inscribed
thereon in large letters.
Inspection.
SECT. 6. Every such shop, and all articles of mer-
chandise therein, may be examined at any time by the
mayor and aldermen, or by any person by them au-
thorized to make such examination.
SECT. %. No keeper of such shop shall have the
same open for transaction of business, except during
the time between the rising of the sun and nine o'clock
of the afternoon of each week day.
SECT, 8. All licenses granted under this chapter
fined to places
shall designate the place where the person licensed
may carry on his business, and he shall not engage in
or carry on his business under his license in any other
place than the one so designated.
Penalty.
SECT. 9. Any person offending against any of the
provisions of this chapter shall forfeit a sum not ex-
ceeding twenty dollars for each offense.
Dealers in second- SECT. 10. Persons who buy or sell no second-hand
articles except books or furniture shall be exempt from
the provisions and conditions of section four.
License to contain SECT. 11. All the provisions of this chapter shall
be incorporated into every license which shall be
granted under it.
Hours for
transaction of
business.
Licenses con-
designated.
hand books and
furniture
exempt.
provisions of
this chapter.
RAG PICKERS AND JUNK COLLECTORS.
213
CHAPTER 43.
IN RELATION TO LICENSING RAG PICKERS AND JUNK
COLLECTORS.
Section.
Section.
1. Rag pickers, etc., must be li-
without permission, nor buy
censed.
from minor, etc.
2. Mayor and aldermen may grant 6. Fee.
licenses and revoke same. 7. Bags, etc., may be examined by
Record to be kept by city
marshal. Information to be
marshal.
given.
3. When licenses shall expire. 8. Rags, etc., to be stored in fire
4. Licensee to display badge with
district only in certain build.
number.
ings.
5. Restrictions as to hours. Li. | 9. Penalty.
censee not to enter building
must be licensed.
revoke same.
kept by city
ce with
SECTION 1. No person shall go about picking up or Rag pickers, etc.,
collecting by purchase or otherwise, rags, paper, junk,
old metal, or other waste matter, in this city, unless he
is duly licensed by the mayor and board of aldermen.
SECT. 2. The mayor and aldermen may grant Mayor and alder.
men may grant
licenses to such persons and upon such conditions as licenses and
they may deem expedient, and may revoke the same Record to be
at their discretion, and a record of the licenses so marshal.
granted shall be kept by the city clerk.
SECT. 3. All licenses so granted shall expire on the When licenses
shall expire.
first day of May next after the date thereof, unless
sooner revoked.
SECT. 4. Every person so licensed shall display con- Licensee to display
spicuously upon his person and upon his vehicle if number.
using one, a badge giving the number of said license,
in plain, legible figures of a size provided in said license.
SECT. 5. No person licensed as above described Restrictions as to
shall pursue said business between the hours of six at
night and seven in the morning, nor upon the Lord's
day. No person so licensed shall enter any building Licensee not to
without having first obtained the consent of the owner without per-
mission,
or tenant, nor take anything from any premises with-
out the consent of its owner; nor buy anything from nor buy from
minor, etc.
any minor or apprentice, knowing or believing him to
be such.
SECT. 6. For every license so granted there shall Fee.
be paid to the city treasurer the sum of three dollars.
hours.
enter building
214
REVISED ORDINANCES.
Bags, etc., may
be examined by
marshal, etc.
Information to
given.
SECT. 19 The bags, baskets, vehicles, or other con-
veyance used for carrying said matter by a person
licensed in accordance with the provisions of this chap-
ter may be examined at any time by the city marshal,
assistant marshal, captain of the watch, or any police
officer, and any person so licensed shall at all times
give full information to such officers concerning any
goods or articles which may be in his possession.
Concerning any goods or articles on which distinguish-
ing marks have been destroyed or obliterated, or con-
cerning any goods or articles which may have been
stolen and so changed, marred, broken, or mutilated
as to prevent ready identification, such information
shall include an accurate statement as to the party
from whom, the time when and all other circumstances
under which the same were obtained. The city mar-
shal shall report to the mayor and aldermen any failure
to obey the requirements of this chapter.
SECT. 8. Rags and waste paper collected by junk
dealers, junk collectors, or rag pickers shall not be
kept or stored within the limits of the fire district, ex-
cept in substantial brick or stone buildings.
SECT. 9. Whoever shall offend against or fail to
comply with any of the provisions of this chapter shall,
for every offense, forfeit and pay a penalty of not less
than five nor more than twenty dollars.
Rags, etc., to be
districtſonly in
certain buildings.
Penalty.
.
PROVIDING FOR THE LICENSING OF BOOT BLACKS.
215
CHAPTER 44.
PROVIDING FOR THE LICENSING OF BOOT BLACKS.
Section.
Section.
1. Boot blacks must be licensed. 4. Record of licenses to be kept by
2. City marshal may license. Mi-
city marshal.
nor to apply by parent, etc. / 5. Licensee to file consent of
License revocable.
owner, etc., adjoining place
3. When license to expire. Li where he intends to work.
censee must wear badge; to 6. Penalty.
pay cost of badge.
be licensed.
may license.
by parent, etc.
ble,
SECTION 1. No person shall follow the calling of Boot blacks must
boot or shoe black in any of the streets, alleys, or pub-
lic places, in the city of Springfield, without first
having obtained a license so to do.
SECT. 2. The city marshal is authorized, at his dis- City marshal
cretion, to license any person who may apply to him
therefor to black boots and shoes in the streets, alleys,
and other public places in the city. Such application, Minor to apply
if by a minor, may be made in his behalf by parent,
guardian, or next friend ; and the city marshal shall License revoca-
have the right to revoke, at his pleasure, any license
granted as aforesaid.
SECT. 3. Every license granted under the pro- When license to
visions hereof shall expire on the first day of May after expire.
the date thereof; and every person licensed as afore- Licensee must
wear badge;
said shall wear, while exercising his vocation, con-
spicuously on the left breast, a metallic badge with
the words “Boot black” and the number of his license
inscribed thereon, the same to be procured of the city to pay cost of
marshal, who shall provide and deliver it upon pay.
ment of the cost thereof when the license is granted.
SECT. 4. It shall be the duty of the city marshal to Record of licenses
keep a record of all licenses granted under this chap- city marshay.
ter in a book provided for the purpose, giving the
number and date of each license, and the name, age
and residence of the person licensed; also the date of
all licenses revoked.
SECT. 5. No person so licensed shall adopt or use Licensee to file
as a regular place for exercising his vocation any part etc., adjoining
place where he
of the streets, alleys, or other public places in the city, intends to work.
without first having filed with the city marshal the
badge.
to be kept by
consent of owner,
216
REVISED ORDINANCES.
Penalty.
consent in writing of an owner or tenant of the build-
ing or premises adjoining such place where he intends
to exercise his vocation.
SECT. 6. Any person who shall violate or fail to
comply with any of the provisions of this chapter,
upon conviction thereof, shall be subject to a fine of
not less than one dollar nor more than three dollars
for each and every offense.
DEALERS IN COAL AND COKE.
217
CHAPTER 45.
DEALERS IN COAL AND COKE.
Section.
| Section.
1. License for one year. License | 4. Appointment of inspector of
fee.
coal, tenure of office and com-
2. Statement of weight, etc., to
pensation ; qualifications.
be furnished with each load, | 5. Duties of inspector.
etc. Statement to be certi- | 6. Each wagon, etc., to be num-
fied by official weigher.
bered, and the weight thereof
3. False statements.
to be displayed.
7. Penalty.
SECTION 1. Licenses granted by the secretary of License for
one year.
the Commonwealth to dealers in coal and coke, under
and pursuant to chapter four hundred and eighty-four
of the Acts of nineteen hundred and three, shall be for
License fee.
the period of one year, and the license fee therefor Lic
shall be one dollar.
· SECT. 2. Each and every person, firm or corpora- Statement of
weight, etc., to be
tion engaged in or carrying on the business of selling furnished with
each load, etc.
coal or coke, at retail, in the city of Springfield, and
either as principal or agent, shall deliver to the cus-
tomer with each separate load, lot or delivery of coal,
a slip or card of appropriate size and form to be pre-
scribed by the inspector of coal hereinafter mentioned,
upon which shall be printed or written in plain and
legible letters and figures a statement of the weight of
each and every load, lot, or separate delivery of coal
sold at retail within said city, and the number or other
specific description of the wagon, vehicle or other re-
ceptacle in which coal shall be delivered, and the true
weight thereof, and the net weight and the variety of
coal actually delivered therein to said customer. And Statement to be
the statement so made by the dealer shall be sub- official weigher.
scribed and certified to by an official weigher of coal
and coke as correct, and such statement shall there-
upon be delivered to the customer or purchaser with
every separate load, lot or delivery of coal,
SECT. 3. If any such statement so made and fur- False
nished by a dealer in coal or coke as aforesaid, or his
agent, shall be false or incorrect, within the knowledge
of the person making such statement, such person
shall be punished as hereinafter provided."
statements.
218
REVISED ORDINANCES.
Appointment of
inspector of
coal,
tenure of office
and compensa-
tion;
qualifications.
Duties of
inspector.
SECT. 4. There shall be appointed by the mayor,
annually on the second Monday of September, or
within thirty days thereafter, and subject to confirma-
tion by the board of aldermen, an inspector of coal,
whose duties shall be as hereinafter prescribed. He
shall hold office for the period of one year and shall
receive such compensation as, may be fixed by the
board of aldermen, but not exceeding four hundred
dollars per year for executing the duties of his office.
No person shall be appointed inspector of coal who is
not at the time of his appointment a sealer of weights
and measures in said city.
SECT. 5. It shall be the duty of said inspector of
coal from time to time to test in the manner provided
by section eighty-nine of chapter fifty-seven of the
Revised Laws, or otherwise, as he may determine, the
actual weight and variety of coal being delivered to
customers in the city of Springfield, by retail dealers
in coal and coke therein, and the accuracy of the state-
ments thereof submitted to customers as aforesaid.
And at least three times each year such examination
shall be made of deliveries from each retail dealer in
coal and coke. The result of such examination shall
be reported monthly to the city marshal, and shall be
open to the inspection of the public at all proper times.
Each wagon, etc., SECT. 6. Each dealer as aforesaid shall separately
number in plain and conspicuous letters and figures
each separate wagon, vehicle or receptacle used by
said dealer in making deliveries of coal and coke to
and the weight retail customers, and shall have plainly printed thereon
to be displayed.
the weight thereof as actually used and equipped in
making deliveries of coal or coke.
Penalty,
SECT. 7. Whoever shall violate any provisions of
this chapter shall be punished by a fine of not more
than twenty dollars.
to be
numbered,
TELEPHONE LINES, CONDUITS, AND POLES.
219
CHAPTER 46.
RELATING TO TELEPHONE LINES, CONDUITS AND DIS-
TRIBUTING POLES.
Section.
Section.
1. Mayor and aldermen may au 5. Not to disturb street railway,
thorize telephone company to
or wires, pipes, etc.
construct underground con 6. Necessary changes to be at ex-
duits, cables, and wires, etc.;
pense of company.
to be subject to future regu 7. When work to be commenced ;
lations and ordinances.
how continued.
2. Conduits to be of suitable ma 8. Conduits not to be removed
terial and subject to approval
without permission.
of supervisors of highways 9. Conduits to be removed when
and bridges. Poles to be sub-
ordered by board of alder-
ject to approval of board of
men.
aldermen.
10. No permit to be granted or
3. Surface of street not to be dis-
valid until bond has been ex-
turbed without permit from
ecuted. Conditions of bond.
supervisors. Exception. 11. Authority granted may be re-
4. Street to be restored to condi-
voked. In case location is
tion satisfactory to superin-
revoked, substitute to be
tendent; to be kept in condi-
granted.
tion for one year; may be
done at expense of company.
SECTION 1. The board of mayor and aldermen may Mayor and alder-
men may author-
authorize any telephone company to construct and ize telephone
company to con-
maintain underground conduits, cables, and wires for struct under
the conduct of its business in such of the streets of the cables. ana duits,
wires, etc;
city as said board may deem advisable, and to con-
struct therein and maintain the necessary manholes
and house connections; also to erect and maintain
distributing poles at the termini of such said conduits
and at suitable distributing points; all of which shall to be subject to
future regula-
be done in accordance with the regulations hereinafter tions and ordi-
rtions and ordi-
pances.
provided and subject to such ordinances in addition to
or amendment hereof as may hereafter be passed.
SECT. 2. The said conduits shall be of suitable kind Conduits to be of
suitable material
and construction such as said board shall approve, and and subject to
the work shall be done in a thorough manner, and to supervisors of
af him word ond highways and
the approval of the supervisors of highways and
bridges. The said distributing and other poles shall Poles to be sub-
be of such height and other dimensions, and of such a cara pemainder-
form and material, and so located as to be satisfactory
• to the board of aldermen, and shall be subject to their
approval or the approval of any person or persons
whom the board of aldermen may select.
lages.
men.
220
REVISED ORDINANCES.
not to be dis-
permit from
supervisors.
Street to be
restored to con-
tory to superin-
dition for one
year;
may be done at
expense of com-
Not to disturb
street railway, or
Surface of street SECT. 3. The surface of a street shall not be dis-
turbed without turbed for the purpose of laying, repairing, or remov-
ing wires or conduits, or erecting or removing distrib-
uting or other poles, without a permit from the
supervisors of highways and bridges, indicating the
time, manner, and place of opening such streets, and
the time within which such work shall be completed.
Exception. But this provision shall not be construed as requiring
any permit for the opening of manholes for the purpose
of drawing in, removing,or repairing wires and cables.
SECT. 4. When an opening is made in a street for
dition satisfac-1 any of the purposes aforesaid, the portion of the street
tendent; so opened shall be restored to a condition satisfactory
to be kept in con- to the superintendent of streets, and shall be kept in
such condition for one year thereafter, and, if not so
restored and maintained by the company performing
the work, said superintendent of streets may cause the
pany.
same to be done at the expense of such company.
SECT. 5. Any such company in laying, repairing,
wires, pipes, etc. or removing its wires or conduits shall not disturb or
in any way interfere with the street railway or electric
light wires or any gas or water pipes, or sewers, or
pipes therewith connected.
SECT. 6. In case the city of Springfield finds it
expense of com necessary to construct or enlarge sewers or other pub-
lic works in streets where conduits are laid, which
shall require the changing the location of said con-
duits, said changing shall be at the expense of the
company owning the conduits, which shall forthwith
carry out the same.
When work to be SECT. %. Such company shall commence the work
contemplated by any authority granted to it within six
months from the granting of the authority, unless re-
strained by process of law, and shall continue the said
work with reasonable diligence until suitable conduits
have been laid in the location designated in its appli-
cation for authority, and duly granted by the board of
mayor and aldermen.
SECT. 8. Any such company shall not remove its
out permission. conduits unless permitted to do so by the board of
aldermen.
SECT. 9. Any such company shall remove its con-
ordered by board duits to other suitable locations whenever ordered to
do so by the board of aldermen.
SECT. 10. No permit shall be granted, or if granted
shall be valid, to disturb the surface of a street for any
Necessary
changes to be at
pany.
commenced ;
how continued.
Conduits not to
be removed with-
Conduits to be
removed when
,
of aldermen.
No permit to be
granted or valid
TELEPHONE LINES, CONDUITS, AND POLES.
221
been executed.
bond.
of the purposes aforesaid until such company has until bond has
executed an agreement in a form satisfactory to and
approved by the mayor, providing :-
First: That in every underground conduit con- Conditions of the
structed by such company sufficient and necessary
space shall be reserved and maintained, free of charge,
for the use of the fire, police, and other signal wires
belonging to the city and used exclusively for muni-
cipal purposes, and that the fire and police departments
by their electrical superintendents shall be allowed ac-
cess to said conduits at all times ; and that said
departments shall be allowed facilities and privileges
in putting in or taking out wires equal in all respects
to those of such telephone company.
Second : That such company will indemnify and
save harmless the said city against all damages, costs,
and expense whatsoever to which the said city may be
subjected in consequence of the acts or neglect of such
company, its agents or servants, or in any manner
arising from the rights and privileges granted it by the
city.
Third: In addition to the aforesaid agreement,
such company shall, before a street is disturbed for the
laying of its wires or conduits, execute a bond with
surety or sureties, to be approved in writing by the
mayor, or in penal sum of not less than ten thousand
(10,000) dollars, conditioned to fulfil all its agreements
with the city and its duties under this ordinance, and
a new bond of like import may at any time be required
by the board of mayor and aldermen, which new bond
shall be a strengthening bond unless the surety or
sureties on former bonds are expressly released from
further liability by vote of the city council.
Fourth: That the company will, as soon as a con-
duit is constructed, remove thereto such wires as it is
intended to accommodate, and remove all wires from
any conduit the license to use which has been revoked
by the board of mayor and aldermen.
Fifth : That the company will at once comply with
any changes in their conduits, manholes, or poles that
the board of mayor and aldermen may, after hearing
duly appointed, order.
SECT. 11. Any authority granted by said board Authority
of mayor and aldermen may, after notice and hearing, fevoked.
be revoked or altered at any time without liability on
the part of the city therefor ; but in case any location
granted may be
222
REVISED ORDINANCES.
In case location
is revoked, sub-
stitute to be
granted.
in any street shall be revoked, a substitute location in
some other street that will in the opinion of the said
board accommodate the service shall be granted.
CHAPTER 47.
IN RELATION TO THE EXECUTION OF DEEDS, LEASES, AND
OTHER INSTRUMENTS.
Section.
Section.
1. Deeds, etc., given by city, how | 2. Mortgages, how discharged ;
executed.
mayor may assign mortgages,
etc.
Mortgages, how
discharged.
Deeds, etc.,
SECTION 1. All deeds,conveyances, leases, and other
given by city,
how executed. instruments, which shall be given by the city, and
which to be valid in law must be signed, sealed, and
acknowledged, shall be signed and acknowledged by
the mayor, on behalf of the city, and shall be by him
sealed with the common seal of the city.
SECT. 2. Whenever the amount due and payable
on any mortgage belonging to the city shall be paid to
Mayor may the city treasurer, he shall certify the same to the
assign mortgages,
mayor, who shall thereupon discharge the mortgage;
or may assign the same; and for that purpose the
mayor shall execute and deliver all necessary deeds
and instruments.
etc.
WARRANTS FOR CITY MEETINGS.
223
CHAPTER 48.
WARRANTS FOR CITY MEETINGS.
Section.
Section.
1. General meetings, form of war- | 3. Notice in two or more papers,
rant for calling.
officer serying warrants to
2. How issued, signed, served, and publish.
returned.
calling.
SECTION 1. The form of warrants for calling gen- General meet-
ings, form of
eral meetings of the citizens qualified to vote, shall be warrant for
as follows, to wit :-
CITY OF SPRINGFIELD.
To the city marshal, or the assistant marshal of the
city of Springfield-Greeting :-
In the name of the Commonwealth of Massachu-
setts, you are hereby required forthwith to warn the
citizens of Springfield, qualified to vote as the law
directs, to assemble in general meeting at the
signed, served,
Hereof fail not, and have you there this warrant
with your doings thereon.
Witness,
Mayor of our city
of Springfield, on this day of
[Seal.] in the year of our Lord one thousand
nine hundred and
By order of the mayor and aldermen.
City Clerk.
SECT. 2. All warrants for calling general meetings How issued,
of the citizens shall be issued ten days at least before and returned.
the time of holding the meetings, shall be signed by
the city clerk, and in case of his absence or incapacity,
by the mayor; and shall be served by the marshal or
assistant marshal of the city by posting a copy thereof
in two public places in each ward or precinct, and said
officer therein specified shall return the same to the
city clerk on or before the time for such meeting.
SECT. 3. The officer who shall serve said warrants Notice in two or
shall also publish a notice in one or more newspapers officer serving
in this city, seven days at least before the time of lish.
more papers,
warrants to pub-
224
REVISED ORDINANCES.
holding said meetings, stating the time, place, and
general objects of said meetings, said notice to be
signed by order of the mayor and aldermen.
CHAPTER 49.
DIRECTING THE MANNER OF PASSING AND PUBLISHING
CITY ORDINANCES.
Section.
Section.
1. By-laws to be termed ordi- | 3. To be published, how.
nances; enacting style. 4. To take effect, when.
2. To be recorded by city clerk in
order of passage.
By-laws to be
termed ordi-
pances;
enacting style,
To be recorded
by city clerk in
order of passage.
SECTION 1. All by-laws passed by the city council
shall be termed ordinances, and the enacting style
shall be, “Be it ordained by the city council of the city
of Springfield as follows:”
SECT. 2. All ordinances which shall be passed by
the city council of said city shall be engrossed or re-
corded by the city clerk, in a fair, legible hand, or by
a typewriter, in the order in which they shall pass to
be ordained, in a book to be kept for that purpose.
SECT. 3. All the ordinances of the city council shall
be published by causing the same to be inserted in such
newspaper printed and published in the city of Spring-
field as the board of aldermen shall by order direct.
SECT. 4. Every ordinance which does not expressly
prescribe the time when it shall go into operation, shall
take effect from and after its passage.
To be published,
how.
To take effect,
when.
REPEAL.
225
CHAPTER 50.
REPEAL.
Section.
1. Ordinance to take effect Dec.
31, 1904; repeal of previous
ordinances. Proviso as to
effect of repeal; not to re-
vive ordinances repealed,
etc., or affect rights accrued,
etc.; or affect penalty, etc.,
Section,
incurred; or prosecution,
etc., pending; or limita-
tions, begun, for acquiring
or barring rights; or tenure
of office, except; continua-
tion of existing ordinances.
Ordinance to
take effect Dec.
repeal of pre-
Proviso, as to
effect of repeal;
not to revive ordi-
nances repealed,
SECTION 1. This ordinance shall take effect from to
and after the thirty-first day of December, in the year 31, 1904 ;
of our Lord nineteen hundred and four; and all ordi- vious ordinances.
nances and parts of ordinances heretofore passed and
ordained by the city council are hereby declared to be
and are hereby repealed from and after said day.
Provided, however, that such repeal shall not revive
any ordinance heretofore repealed or superseded nor
any office heretofore abolished ; it shall not affect the etc., or affect
rights accrued,
acceptance and adoption of any act of the legislature etc;
heretofore lawfully accepted and adopted, and it shall
not affect any act done or any right accruing, accrued,
or established, or any proceedings, doings, or acts rati-
fied or confirmed, or any suit or proceedings had or
commenced before the repeal takes effect; but the
proceedings therein shall, when necessary, conform to
the provisions of this ordinance ; it shall not affect any or affect penalty,
etc., incurred;
penalty or forfeiture, incurred before it takes effect,
under any of the ordinances repealed; it shall not of prosecution,
affect any suit or prosecution, pending at the time of
the repeal for an offense committed, or for the recovery
of a penalty or forfeiture incurred under any of the
ordinances repealed, except that the proceedings
therein shall, when necessary, conform to the pro-
visions of this ordinance; and when a limitation or
begun, for
period of time prescribed in any of the ordinances re acquiring or bar-
ring rights;
pealed, for acquiring a right or barring a remedy or
any other purpose, has begun to run and the same or
similar limitation is prescribed in this ordinance the
term of limitation shall continue to run, and shall have
like effect as if the whole period had begun and ended
or limitations,
226
REVISED ORDINANCES.
or tenure of
office, except;
continuation
of existing
ordinances.
under the operation of the ordinance hereby ordained.
All persons who at the time when said repeal takes
effect hold any office under any of the ordinances re-
pealed shall continue to hold the same according to
the tenure thereof, except those offices which have
been abolished, and those as to which a different pro-
vision has been lawfully made. The provisions of this
ordinance, so far as they are the same as those of ex-
isting ordinances, shall be construed as a continuation
thereof and not as new enactments.
Approved, Dec. 21, 1904.
Attest,
E. A. NEWELL,
City Clerk.
RULES AND ORDERS OF THE MAYOR
AND ALDERMEN,
FOR THE REGULATION OF HACKNEY CARRIAGES, DRAYS,
TRUCKS, ETC.
able
Section,
Section.
1. Rules established.
with passenger; addition-
RULE 1. HACKNEY CARRIAGES,
al, charge for fixed; appli-
what shall be deemed to be.
cations for conveyance not
RULE 2. Not to be set up, used,
to be neglected, etc., un-
or driven, without license.
less carriage is engaged,
RULE 3. Licenses for, mayor and
etc., if fee be tendered on
aldermen may grant; rec-
demand.
ord of, to be kept by city | RULE 12. DRAYS, TRUCKS, JOB
marshal.
WAGONS, etc.; must be li-
RULE 4. Fee for license, one dol-
censed; must be numbered
lar to the city treasurer for
and marked, how
use of the city.
RULE 13. Licenses for: mayor
RULE 5. Terms of license for:
and aldermen may grant,
to expire April 1, after its
etc.; revocable at discre-
date; revocable at discre-
tion; record of, to be kept
tion, etc.; not transfera
by city marshal.
without consent of mayor, RULE 11. Terms of license: to
etc.; city marshal to record
expire April 1 after its date,
transfer of licenses.
unless sooner revoked ; not
Rolg 6. Carriages must be num-
transferable without con-
bered and marked, how;
sent of mayor, etc.; city
card, with name, num-
marshal to record trans-
ber, and rates thereon, to
fers of.
be placed and kept con RULE 15. Fee for license, one
spicuously inside of.
dollar to the city treasurer
RULE 7. Number, no carriage to
for use of the city.
be used with any other than RULE 16. Driving of, through
that designated in license.
streets, ni ust be at moderate
RULE 8. Obstruction of streets,
pace.
not to be caused by stopping RULE 17. Passing through streets,
carriages abreast, etc.
to take the right as near
RULE 9. Badges, drivers to wear
as may be; to be driven
what and when.
abreast of other vehicles
RULE 10. Carriages waiting for
only long enough to pass. :
passengers ; mayor, etc., 2. Owners or drivers only, of li-
may direct as to standing of.
censed vehicles, to solicit
RULE 11. Rates of fare, within
passengers, baggage or mer-
certain limits prescribed ;
chandise.
reasonable may be charged | 3. · Penalty, for any violation of
beyond prescribed limits;
these rules and orders, fine
double, when may be charg-
not more than twenty dol-
ed. Luggage, what free
lars.
STREET MUSICIANS.
Rule.
| Rule.
1. Begging by street musicians. | 5. Licenses to be granted by mar-
2. No performances after 10 P. M.
shal; expiration and fee.
3. No performances on Sunday; 6. Licenses for two or more.
proviso.
7. Musicians to desist on notice,
4. Licensee to receive tag and
when.
copy of rules.
1 8. Penalty.
228
RULES AND ORDERS.
REGULATIONS FOR PUBLIC AMUSEMENTS.
|
Section.
1. Licenses for public exhibitions;
how granted. When to ex-
pire.
2. License fee.
3. Marshal to approve posters.
4. Inspection.
Section.
5. Exits.
6. Fire apparatus.
Detail of firemen and police-
men.
Hackney car-
used, or driven,
without license.
Be it ordered by the mayor and board of aldermen of
the city of Springfield, as follows, to wit:-
Rules and orders. SECTION 1. That the following rules and orders be,
and the same are, hereby established for the regula-
tion in said city of omnibuses, stages, hackney car-
riages, wagons, trucks, carts, drays, and other vehicles
used and employed for hire in said city.
HACKNEY CARRIAGES, OMNIBUSES, ETC.
RULE 1. Every vehicle drawn by one or more
riages; what shall
be deemed to be. horses or other animal power, which shall be used for
the conveyance of persons for hire from place to place
within said city, shall be deemed a hackney carriage
within the meaning of these rules and orders.
Not to be set up, RULE 2. No person shall set up, use, or drive any
hackney carriage, for the conveyance of persons for
hire within said city of Springfield, without a license
for said carriage, duly obtained as hereinafter pro-
vided.
Mayor and alder- RULE 3. The mayor and aldermen of said city may
men may grant
from time to time grant licenses to set up, use, or
drive hackney carriages, for the conveyance of per-
sons for hire within said city, upon such conditions as
Marshal to keep they may deem expedient, and a record of all licenses
so granted shall be kept by the city marshal.
License fee.
RULE 4. For every license so granted there shall
be paid to the city treasurer, for the use of the city,
the sum of one dollar.
RULE 5. All licenses shall expire on the first day
of April next after the date thereof, and may be re-
voked by the mayor and aldermen at their discretion ;
and no license shall be transferable without the con-
sent of the mayor endorsed thereon; and such trans-
fer shall be recorded by the city marshal.
Carriages, how · RULE 6. Every hackney carriage licensed as afore-
said shall be conspicuously marked and numbered on
the outside on the right and left sides thereof, with
the number of the license in figures not less than one
and one-half inches in length, and such figures shall
licenses for.
record of.
When license to
expire; revoca-
tion; transfer.
marked and num-
bered;
HACKNEY CARRIAGES, DRAYS, AND TRUCKS.
229
with number,
to be used.
to obstruct street.
badges.
be of a light color on a dark ground or dark color on
light ground, and placed either on the driver's seat or
on the sills of the carriage. A card with the name of to contain card
the owner and the number of the license and the rates rates, etc.
of fare fixed by these rules and orders printed thereon
shall be placed and at all times kept in a conspicuous
place inside of all such carriages; and no owner or
driver of any hackney carriage shall use or drive such
carriage, or permit the same to be used or driven, un-
til each and all of the foregoing regulations have been
fully complied with.
RULE %. No owner or driver of any hackney car- No other number
riage shall use or suffer such carriage to be used with
any number upon the same other than that designated
in his license.
RULE 8. No owner, driver, or other person having Carriage not to be
stopped abreast of
charge of any hackney carriage shall stop his carriage other carriage or
abreast of any other carriage in any street within the
city, nor stop his carriage in any street, lane, square, or
alley, so as to obstruct the same or any crossing thereof.
RULE 9. Every owner, driver, or other person hay. Drivers to wear
ing charge of any hackney carriage, while standing at
any railroad depot, shall wear a badge upon his hat or
cap with the number of his carriage thereon, so placed
that the same may be distinctly seen and read.
RULE 10. In every place where hackney carriages Carriages waiting
for orders; mayor
attend for passengers, the mayor, or any person by him to direct as to
authorized, may give directions respecting the stand-
ing of such carriages while waiting for their passen-
gers; and if any owner, driver, or other person having
the care of such carriage shall neglect or refuse to obey
such order or direction of the mayor, or other person
by him authorized, he shall forfeit and pay the penalty
hereinafter provided.
RULE 11. The prices or rates of fare to be taken by Rates of fare.
or paid to the owner, driver, or other person having
charge of any hackney carriage, shall not exceed the
following rates, viz. : For the conveyance, between the
hours of six o'clock in the morning and ten o'clock in
the evening, from any point to any point within that First limit;
part of the city which is bounded southerly by Mill
river from its mouth as far easterly as Walnut street;
thence easterly by Walnut street as far north as its
intersection with Hancock street; thence easterly and
northeasterly by Hancock and Thompson streets to
Worthington street; thence northeasterly by a straight
standing.
230
RULES AND ORDERS.
rate;
cab or herdic.
Second limit;
-
line extending from the intersection of Thompson and
Worthington streets to the southwesterly corner of
Chestnut and Calhoun streets ; thence northerly by a
straight line extending due west from the point last
named to the Connecticut river; thence westerly by
the Connecticut river to the place of beginning, -of a
single passenger forty cents, and when two persons
belonging to the same party are carried to the same
place, seventy-five cents for both, and for each addi-
tional person belonging to the same party, twenty-five
cents. By a cab or herdic, without trunk, each passen-
ger twenty-five cents. For the conveyance, between
the hours aforesaid, to or from any point beyond the
above described limits, and within that portion of the
city bounded southerly by the northerly and westerly
boundary of Forest park to Sumner avenue; thence
easterly by Sumner avenue to the junction of Belmont
avenue and Dickinson street; thence northerly in a
straight line to the Hickory street crossing of the New
York and New England railroad; thence easterly by
said railroad to where it crosses Bay street; thence
northerly by a straight line from the last named point
to the southwesterly corner of Fisk and Demond
avenues, Brightwood; thence continued westerly
through Demond avenue to the Connecticut river,
westerly by the Connecticut river between the last
named point and a point due west from the junction
of Calhoun and Chestnut streets,-of a single passen-
ger fifty cents, and when two persons belonging to
the same party are carried to the same place, ninety
cents for both, and for each additional person belong-
ing to the same party, and carried to the same place,
thirty-five cents; and the rates for herdics for the
same limits shall not exceed thirty-five cents for each
passenger. For the conveyance, between the hours
aforesaid, to or from any point beyond those portions
of the city above described, but within the two mile
circuit of Court square, and south of the Boston and
Albany railroad,-of one passenger, seventy-five cents,
and for each additional person belonging to the same
party, and carried to the same place, fifty cents; and
the rates for herdics within this last circuit shall be
forty cents for each passenger. For the conveyance of
children between the ages of four and twelve years, if
more than one, or if accompanied by an adult, half of
the above named rates only is to be charged.
rate.
Third limit;
rate.
Children.
HACKNEY CARRIAGES, DRAYS, AND TRUCKS.
231
hour.
be carried.
refuse to carry
For the conveyance of persons beyond the above
named limits special reasonable rates may be charged.
The charge for hackney carriages, when hired by the Rates by the
hour between the hours aforesaid, shall not exceed two
dollars for the first hour, and one dollar and one-half
per hour after the first hour, and for parts of hours
after the first hour a proportional part of one dollar
and one-half.
For the use of hackney carriages within the above Night rates.
named limits, or when hired by the hour, between the
hours of ten o'clock in the evening and six o'clock in
the morning, double the above established rates may
be charged.
Every owner, driver, or other person having charge What baggage to
of any hackney carriage shall convey if requested, with
each passenger, one trunk, and the valise, carpet-bags,
portmanteaus, bundles, and baskets which may be used
by such person in traveling, without charge or compen-
sation therefor, but for every additional trunk so con-
veyed by him he shall be entitled to demand and receive
the sum of ten cents; and no owner, driver, or other Driver not to
person having charge of any hackney carriage shall passengers, etc.
neglect or refuse the application of any person for con-
veyance within his carriage, if such carriage be not
occupied, engaged, or employed at the time of making
such application, and if, on demand, the legal fare be
tendered.
TRUCKS, DRAYS, ETC.
RULE 12. Every truck, wagon, dray, cart, or other Trucks, drays,
vehicle whether drawn by one or more horses, or other licensed and
animal power, which shall be used within said city of nu
Springfield, for the conveyance within the said city for
hire of wood, coal, lumber, stone, brick, sand, gravel,
clay, dirt, goods, wares, furniture, merchandise, build-
ing materials, or any article or thing whatsoever, shall
be licensed, and shall have placed upon the outside and
upon each side of the same the number of the license
in plain, legible figures of not less than one and a half
inches in length, and the name of the person taking
out the license in plain characters, so that the same
may be distinctly seen and read.
RULE 13. The mayor and aldermen may grant Mayor and alder-
licenses to use and to drive any such vehicle as afore- licenses and
said within said city upon such conditions as they may
deem expedient, and may revoke the same at their dis-
cretion; and a record of the licenses so granted shall records
etc., must be
numbered.
men may grant
revoke same;
marshal to
232
RULES AND ORDERS.
When licenses to
expire.
Fee.
To drive at mod.
erate pace.
Rule for driving
and stopping.
be kept by the city marshal. But no license shall be
granted for any such vehicle to stand for business on
any street around Court Square, and every license
granted shall specify that such vehicle shall not stand
for business either on Court Square avenue or on Main
street, Court street, or Elm street, around Court square.
RULE 14. All licenses so granted shall expire on
the first day of April next after the date thereof, unless
sooner revoked; and no license shall be transferable
without the consent of the mayor indorsed thereon ;
and such transfer shall be recorded by the city mar-
shal.
RULE 15. For every license so granted there shall
be paid to the city treasurer, for the use of the city, the
sum of one dollar.
RULE 16. Every driver or other person having the
care of any such vehicle shall, when passing through
the streets, squares or lanes of said city, drive his horse
or beast at a moderate pace.
RULE 17. Every driver or other person having the
care of any vehicle licensed in accordance with the pro-
visions of these rules and orders shall guide and drive
the same as near as may be to the right hand side of
the street or highway through which the same may be
passing; and no such driver or other person having the
care of any such vehicle shall guide or drive the same
alongside of or abreast of any other carriage or vehicle
which may be passing any street or highway in the
same direction longer than may be necessary to pass
the same.
SECT. 2. No person other than the owner or driver
of a licensed hackney carriage or other licensed vehicle
shall solicit passengers, baggage, or merchandise to be
conveyed for hire within said city.
SECT. 3. Every owner, driver, or other person who
shall violate either of the provisions, or any of the
rules and orders aforesaid, or neglect or refuse to obey
the same in the manner provided, shall pay for each
and every violation, neglect, or refusal as aforesaid, a
fine of not more than twenty dollars.
Owners or
drivers only of
licensed vehicle
to solicit passen-
gers, etc.
Penalty.
STREET MUSICIANS.
Ordered, That all the powers and duties now devolv-
ing upon the city clerk in relation to the licensing of
musicians be and the same are hereby transferred to
and made a part of the duties of the city marshal, and
STREET MUSICIANS.
233
after 10 P. M.
on Sunday.
ny
the order passed by the board of aldermen, October 23,
1899, and approved by the mayor, October 24, 1899, estab-
lishing rules and orders for the regulations of musicians,
is hereby amended so as to read as follows :-
RULE 1. No person shall, except at a religious ser- Begging by street
vice, solicit or receive compensation in the streets or
public out-of-door places, or by a house to house collec-
tion for singing, playing, or performing on any musical
instrument in said streets or public out-of-door places
of the city of Springfield, except as hereinafter pro-
vided, unless licensed therefor by the city marshal as
hereinafter set forth.
RULE 2. No person or persons shall sing or perform No performances
in the streets or public out-of-door places of the city
after ten o'clock at night, except as a part of a military
or civic parade or funeral procession, or at a concert
authorized by the mayor.
RULE 3. No person or persons shall sing or perform No performances
in the streets or public out-of-door places of the city on
Sunday, except as a part of a religious service, or a
military or civic parade, or a funeral or religious pro-
cession, or at a concert given by the city, and then not
within six hundred feet of any place of worship while
services are being held therein, excepting in the cases proviso.
of said parades or processions, when the musicians may
play while passing such place of worship.
RULE 4. When the applicant receives a license, he Licensee to re-
shall be furnished with a metal tag by the city marshal of rules.
with the applicant's license number thereon, and also
with a printed copy of these rules. The licensee shall
display said tag on his person or instrument where it
can be plainly seen.
RULE 5. Licenses shall be granted by the city mar- Licenses to be
shal to any person or persons to sing or play or perform marshal;
on musical instruments in the streets or public out-of-
door places and to solicit and receive compensation
therefor, provided the entertainment given by the
applicant is not, in the city marshal's opinion, suffi-
ciently discordant and undesirable to be unpleasant to
the public, or the past conduct of the applicant known
to be such as to make him or them undesirable licen-
sees. Every license herein provided for shall expire expiration and
on the first day of October next succeeding its date;
the fee for such license shall be twenty-five cents.
RULE 6. When there are two or more persons per- Licenses for two
forming or singing together, one person may obtain a
1 ceive tag and copy
granted by
fee.
or more.
234
RULES AND ORDERS.
sist on notice,
when.
lic exhibitions,
license for himself and those performing or singing
with him. The license shall not be transferable and
shall be revocable for cause by the city marshal at his
discretion, and in case of revocation, no portion of the
license fee shall be refunded.
Musicians to de- RULE %. No licensee shall sing, play, or perform on
any musical instrument within one hundred feet of
any dwelling house, any occupant of which notifies
him to desist, nor within three hundred feet of any
dwelling house in which any person is sick and the
licensee is informed thereof.
Penalty.
RULE 8. Any person violating any of the foregoing
rules shall be punished by a fine of not exceeding
twenty dollars for each offense.*
REGULATIONS FOR PUBLIC AMUSEMENTS.
Ordered, That, until otherwise ordered, the follow-
ing regulations be and are hereby established for the
government of public amusements within the city of
Springfield :-
Licenses for pub- SECTION 1. Licenses for theatrical exhibitions,
how granted, public amusements and exhibitions of any description
granted by the mayor and board of aldermen shall be
subject to the terms and conditions contained in the
following sections, and to such other terms and con-
ditions as said board may, from time to time, adopt;
and any failure to observe the same will be deemed
sufficient cause for the revocation of such license.
During vacation, or between the sessions of the board,
the committee on exhibition licenses may grant such
licenses, and the city clerk shall make record thereof,
and such licenses, when recorded, shall have the full
authority of and be subject to the terms and conditions
of a regular license, All licenses for a theatrical season
when to expire.
shall expire on the first day of March, next, after the
date of the license.
License fee
SECT. 2. Every licensee before he receives any li-
cense for a theatrical exhibition, public show, public
amusement, or other performance or exhibition of any
description to which admission is obtained by the pay-
ment of money or the delivery of any valuable thing,
or by any ticket or voucher obtained for money or any
* NOTE.--The main part of this order was adopted January 14, 1867.
Parts of rule 11 were amended June 6, 1887, July 6, 1887, and May 31,
1898.
Rule 13 was amended January 12, 1897.
The order as to Street Musicians was adopted in its present form,
March 6, 1900.
PUBLIC AMUSEMENTS.
235
prove posters.
valuable thing, shall pay to the city treasurer for such
license covering performances or exhibitions for one
day, three dollars ($3.00); for a term exceeding one day
and not exceeding six dạys, six dollars ($6.00); for a
term exceeding six days and not exceeding thirty
days, one dollar ($1.00) per day; for a term exceeding
thirty days and not exceeding one year, one hundred
dollars ($100); provided, however, that for a license for
any athletic entertainment the licensee shall pay one
dollar ($1.00) per day and for a license for a circus he
shall pay such sum as the committee on exhibition
licenses may determine. The above does not apply to
exhibitions or performances in the city hall, when the
license fee will be included in the rental of same.
SECT. 3. Every such licensee shall prevent his Marshal to ap-
place of amusement and any performance or exhibition pro
therein from being advertised by means of pictorial
posters or placards which have not been approved by
the city marshal, or some person designated by him.
And the marshal or person so designated shall exclude
such placards or posters as are lewd, indecent or vul-
gar, or which pictorially represent the commission or
attempt to commit any crime or bodily violence.
SECT. 4. The mayor and board of aldermen reserve Inspection.
the right of entering and inspecting all places of
amusement at all times, either individually or collec-
tively.
SECT. 5. All exits of every place of public amuse- Exits.
ment shall be marked with the word “EXIT”in large
letters over the same and be so constructed as to be
easily opened by anyone from within.
SECT. 6. Every such licensee shall keep in good Fire apparatus.
condition and so as to be easily accessible in such
place such standpipes, hose, water pails, axes, chem-
ical extinguishers and other apparatus as the commis-
sioners of the fire department may require.
SECT. 7. Upon the request of the licensee one or Detail of firemen
more firemen to be detailed by the commissioners of
the fire department, and one or more policeman to be
detailed by the police commissioners, may be furnished,
and, if in the judgment of the board of aldermen or the
committee on exhibition licenses the same is deemed
necessary, shall be furnished at the licensee's place of
amusement, the expense to be paid by the licensee.
Adopted by the Board of Aldermen, February 24, 1903, and amended
December 21, 1904.
and policemen.
JOINT RULES AND ORDERS OF THE
CITY COUNCIL
Section.
Section.
1. Committees, joint standing, except minority, not to be re-
list of; of whom composed. ceived unless agreed upon in
2. Committees, joint, number of committee actually assem-
from common council to be bled.
one greater than from alder 12. Committees, joint, when to
men.
report.
3. Chairmen of committees, who 13. Chairmen not to audit or ap-
to be.
prove bills or accounts for
4. In votes, commands to be ex-
supplies or services not or-
pressed by " Ordered”; opin-
dered or authorized by their
ions, principles, facts, and
respective committees.
purposes by “Resolved.” 14. Reports, etc., submitted, re-
5. Non-concurrence, notice and
quirements as to writing of
proceedings in case of.
etc.; clerks of boards to
6. Disagreement, committee of
make copies of papers to ac-
conference to be appointed
company, when requested,
in case of, etc.
etc.
7. Papers in matters before either | 15. In convention, restriction as
board, as to transmittal of, to business to be transacted.
etc.; papers on their pas 16. Resolutions, joint, method and
sage to be signed by clerks
stages of passage of.
or presiding officers.
17. Ordinances before second
Messages from one board to reading to be referred, etc.
the other to be in writing.
Ordinances, method and
9. Proposal to fix time of next
stages of passage of.
meeting, question on to have 19. Expenditures, restrictions
precederce.
upon authorizing after an-
Reports of committees may
nual appropriations; city
be made to either board.
debt, restrictions as to creat-
11. Committees not to act by
ing.
separate consultation; re- | 20. Election of salaried officers.
ports of,
18.
10.
Joint standing
committees;
list of;
SECTION 1. At the commencement of the municipal
year, the following joint standing committees shall be
chosen or appointed by their respective boards.
1. A committee on finance, to consist of the mayor,
one alderman, the president and two members of the
common council.
A committee on streets and sidewalks.
A committee on city property.
A committee on the pauper department.
A committee on fire department.
6. A committee on lighting streets.
. A committee on education.
8. A committee on printing, to consist of the mayor,
the president and one member of the common council.
i cs i 20. saio
RULES AND ORDERS OF CITY COUNCIL.
237
posed.
tees, how consti-
committees, who
" resolved."
Each of said committees shall consist of two alder- of whom com-
men and three members of the common council, except
when it is otherwise ordered.
SECT. 2. In all joint committees, the number of Joint commit-
members from the common council shall be one greater tuted.
than the number from the board of aldermen.
SECT. 3. The mayor shall be ex officio chairman of Chairmen of
any joint committee of which he is a member, and of to be.
other joint committees the first named member of the
board of aldermen; and in case of his resignation or
absence, the next named member of the same board ;
and afterwards the member of the common council first
in order shall call the meetings of the committee, and
act as chairman.
SECT. 4. In all votes in which either or both branches In votes, when to
use " ordered”;
of the city council express anything by way of com- when
mand, the form of expression shall be “Ordered”
(except only in the case of ordinances), and whenever
either branch or both branches express opinions, prin-
ciples, facts or purposes, the form of expression shall
be “Resolved.”
SECT. 5. When either board shall not concur with Non-concur-
the other in any ordinance, order or resolution, sent to be sent other
from such other, notice of such non-concurrence shall
forthwith be given, and the paper returned.
SECT. 6. In every case of disagreement on any Committee of
matter requiring the joint action of the two boards, case of disagree-
if either board shall request a conference, and ap-
point a committee for that purpose, the other board
shall appoint a committee to confer with them, and
said committees shall meet and state to each other
the reasons of their respective boards for or against
the proposed action, and report to their respective
branches.
SECT. %. Each board shall transmit to the other all What papers to
papers on which any ordinance, joint order or resolu- from one board
tion shall be founded, and all papers, on their passage
between the two boards, shall be under the signature of
their respective clerks or presiding officers.
SECT. 8. Whenever messages between the two Messages
boards are transmitted by the messenger, they shall be to be in writing.
in writing.
SECT. 9. Either board may propose to the other for Proposal for
its concurrence a time for the next meeting of the city meeting.
council, which subject shall have precedence over other
business.
to be sent other
board.
conference in
ment.
be transmitted
to the other.
Proposal for
time of next
238
RULES AND ORDERS.
Committees may
report to either
board.
Committees not
to act by sepa-
rate consulta-
tion, etc.
Report to be
made on matters
referred within
two weeks;
who may call
meeting of com-
mittee.
Chairman not to
audit or approve
bills.
Reports, etc.,
how written;
copies.
In convention,
restriction as to
business trans-
acted.
SECT. 10. The reports of all committees may be
made to either board.
SECT. 11. No committee shall act by separate con-
sultation, and no reports, except minority reports, shall
be received, unless they shall have been agreed to in
committee actually assembled.
SECT. 12. It shall be the duty of every joint com-
mittee to whom any subject shall be specially referred,
unless otherwise ordered, to report thereon within two
weeks, or at the next regular meeting, or ask for fur-
ther time. If the chairman shall neglect to call a meet-
ing of the committee within two weeks, any other
member may call such meeting.
SECT. 13, No chairman of any committee shall
audit or approve any bill or account against the city
for any supplies or services which shall not have been
ordered or authorized by the committee.
SECT. 14. All reports and other papers submitted to
the city council shall be written in a fair hand, properly
indorsed, and the clerks of the boards respectively shall
make copies of any papers to be reported by commit-
tees at the request of the respective chairmen thereof.
SECT. 15. No business shall be transacted by the city
council in convention, except such as shall have been
previously agreed on, unless by unanimous consent.
SECT. 16. Every joint resolution shall have as many
readings in each board as the rules of that board
require, after which the question shall be on passing
the same, and when the same shall have been passed,
it shall be sent to the other board for concurrence, and
when such resolution shall have so passed in each
board, the same shall be enrolled by the clerk of the
common council and examined by a committee of that
board ; and on being found by said committee to be
correctly enrolled, without further reading or question,
shall be signed by the president of the common council
and sent to the other board, where a like examination
shall be made by a committee of that board, and, if
found correctly enrolled, the same shall be signed by
the mayor.
SECT. 17. All ordinances, before being read a sec-
ond time, shall be referred to the committee on or-
dinances, and, after being reported upon by said com-
mittee, shall be again read, after which several read-
ings the question shall be on passing the same to be
enrolled.
Resolutions,
joint; method
and stages of
passage of.
Ordinances
before second
reading to be
referred.
RULES AND ORDERS OF CITY COUNCIL.
239
method and
of.
SECT. 18. Every ordinance shall have as many Ordinances,
readings in each board as the rules of that board stages of passage
require, after which the question shall be on passing
the same to be enrolled, and when the same shall have
passed to be enrolled, it shall be sent to the other board
for concurrence; and when such ordinance shall have
so passed to be enrolled in each board, the same shall
be enrolled by the clerk of the common council, and
examined by a committee of that board, and on being
found by said committee to be correctly enrolled, the
same shall be reported to the council, when the ques-
tion shall be on passing the same to be ordained ; and
when said ordinance shall have so passed to be or-
dained, it shall be signed by the president of the com-
mon council, and sent to the other board, where a like
examination shall be made by a committee of that
board, and, if found correctly enrolled, the same shall
be reported to the board, and the question shall be on
passing the same to be ordained ; and when the same
shall have passed to be ordained it shall be signed by
the mayor.
SECT. 19. After the annual appropriations shall Expenditures
and city debt,
have been made, no subsequent expenditure shall be restrictions, etc.
authorized for any object, unless provision for the
same shall be made by a special transfer from some of
the annual appropriations, or by expressly creating
therefor a city debt; but no such debt shall be created
unless the order authorizing the same pass by the
affirmative votes of two-thirds of the whole number of
each branch of the city council, voting by yeas and
nays.
SECT. 20. All salaried officers which the city council Election of sala-
have a right to choose, shall be chosen by viva voce
vote.
ried officers.
RULES AND ORDERS OF THE BOARD
OF ALDERMEN.
Rule.
Rule.
1. Order of business: 1--Roll call. 4. Standing committees, what
2-Reading journal. 3
to be appointed.
Petitions, remonstrances,me 5. Conduct of members during
morials. 4 – Nominations,
debate prescribed.
appointments, elections. 5 6. Suspension of rules must be
Orders of the day, i. e.,
unanimous.
unfinished business and com 7. Committees, mayor to ap-
munications from common
point all, unless board other-
council. 6—New business.
wise determine.
2. Ordinances, stages of passage 8. Speakers, conduct of in ad-
prescribed ; to have but one
dressing board and in debate
reading on same day.
prescribed.
Orders and resolutions impos- | 9. Speaking, limitation as to
ing penalties or authorizing
times of, by members in de-
expenditures to have two
bate.
readings; but only one on 10. Reconsideration, motion for,
same day.
when to be in order for con-
sideration.
3.
Order of busi-
ness.
FIRST. The order of business shall be as follows :-
1. The mayor shall, at the hour appointed for the
meeting, call the board to order, and shall forthwith
cause the roll to be called, and the names of the
absentees recorded.
2. The journal of the previous meeting shall be read.
3. Petitions, remonstrances, memorials and all
other business requiring the concurrence of the com-
mon council shall next be considered and disposed of.
4. Such nominations, appointments and elections,
as may be in order, shall be considered and disposed of.
5. Unfinished business and such communications
as may have been sent up from the common council
shall be taken up.
6. New business may be introduced by any mem-
ber of the board.
SECOND. Every ordinance shall pass through the
Stages in passage
following stages before it shall be considered as hav-
Only one reading ing received the final action of this board, viz. : First
reading, second reading, passage to be enrolled, pas-
sage to be ordained, and shall not have more than one
reading on the same day.
Imposing penal-
THIRD. All orders or resolutions imposing penalties,
ing expenditure, or authorizing the expenditure or payment of money,
Ordinances,
stages in passage
of.
same day.
ties or authoriz.
RULES AND ORDERS OF BOARD OF ALDERMEN.
241
days.
mittees, list of.
bers during
rules must be
unanimous.
'appointed and
shall have two several readings before they shall be orders, etc., to
finally passed by this board, and shall not have more ings on different
than one reading on the same day, except orders to
authorize the printing of city documents.
FOURTH. Standing committees shall be appointed Standing.com
on enrollment, on elections and returns, on ordinances,
and on sewers and drains.
FIFTH. No member shall be interrupted while Conduct of mem-
speaking, but by a call to order, or for a correction of debate.
a mistake, nor shall there be any conversation among
the members while a paper is being read, or a question
stated from the chair.
SIXTH. The foregoing rules and order of business Suspension of
shall be observed in all cases, unless suspended by a u
unanimous vote of the members present, for a specific
purpose.
SEVENTH. All committees shall be appointed and committees to be
announced by the mayor, unless the board shall deter- announced by
mine otherwise.
EIGHTH. When any member is about to speak in Speakers, con-
debate, he shall rise in his place and respectfully
address the presiding officer ; shall confine himself to
the question under debate, avoid personality, and sit
down when he has done speaking.
NINTH. No member shall speak more than twice Speaking, limita-
to the same question without leave of the board ; nor of.
more than once till all other members choosing to
speak shall have spoken.
TENTH. A motion for the reconsideration of a vote Reconsideration,
shall be in order for immediate consideration, if made to be in order.
by a member voting with the majority; or if notice be
given by any member at the meeting at which the vote
passed, it shall be in order at the next meeting, and
not afterward, and a vote deciding a motion to recon-
sider shall not be reconsidered.
mayor.
duct of.
tion as to times
motion for, when
RULES AND ORDERS OF THE COM-
MON COUNCIL.
Hi voi
co
Section.
Section.
1. President to take the chair, etc.; calls to order, how
call to order, cause roll to be
decided, etc.
called, and names of absen 16. Speaking, limitation as to
tees recorded ; if quorum be
number of times and dura-
present, to cause minutes to
tion of; priority of busi-
be read and proceed to busi-
ness, questions as to, not
ness.
debatable.
2. To preserve order; may 17. Members not to stand while
speak to points of order and
another is speaking, or pass
decide them, subject to ap-
before speaker, etc.
peal by any two members ; 18. Motions, all to be reduced to
to appoint all committees
writing if required.
not elective.
19
Motions during debate, what
3. To rise in addressing the in order; order of priority of;
council, but may read sitting.
restrictions as to renewal of
4. To put no question except
certain.
upon motion seconded. 20. Reconsideration, motion for,
5. To declare all votes; if when to be in order for con-
doubted, to require a count sideration.
and announce result.
21. Voting; members, unless ex-
6. May call a member to the
cused from, or privately in-
chair, and participate in de-
terested, must vote.
bate; not to resume chair 22. Amendments foreign to the
while question so debated is
subject under consideration
pending ; to appoint chair-
not to be admitted.
man of committee of the | 23. Motions and reports may be
whole.
committed and recommitted
7. Questions, order of propound-
at the pleasure of the coun-
ing; on fixing sums and cil; order of taking ques-
times, largest sum and long-
tion on motions to refer, etc.
est time to be first put. 24. Division of questions; if di-
8. Questions stated, to be dis-
visible, majority may order.
posed of by vote, unless | 25. Reading of papers; when
withdrawn before amend-
called for and objected to,
ment, etc.
council may determine as to.
9. Motion to adjourn always in 26. Rules, as to suspension, alter-
order; what motions not
ation, or amendment of.
debatable.
27. No member to be obliged to
10. Previous question, form of;
serve on more than three
when admissible; effect of.
committees, nor as chairman
11. Yeas and nays, to be taken
of more than one, or to be on
on request of one-fourth of
any having charge of matter
members present.
of personal interest to him.
12. Right to the floor, president 28. Order of business at regular
to determine, when two or meetings: 1-Petitions, re-
more rise at once.
monstrances, and memorials.
13. In absence of president, who
2--Papers from the board of
to preside, etc.; conduct of
mayor and aldermen.3--Un-
members during debate,
finished business of preced-
requirements as to.
ing meetings. 4-Motions,
14. Members not to be mentioned orders, or resolutions. 5-
by name in debate; how may
Reports of committees. 6--
be designated.
Communications and reports
15. No member to interrupt an-
from city officers.
other while speaking, except, 29. Memorials and papers ad-
o
o
ai sens
RULES AND ORDERS.
243
38.
Section.
Section.
dressed to the council, how 36. Seats of members to be num-
presented, etc.
bered and determined by lot;
30. Standing committees, what to
not to be changed without
be appointed.
permission of president.
31. Committees, not to sit during
| 37. Committees to consist of three
sitting of council, without
members unless otherwise
special leave, except com-
ordered; no report to be
mittee on enrollment.
received unless agreed upon
in committee actually assem-
32. Committee of the whole,
bled ; reports to be in writ-
these rules to govern, except
as to limitation of times of
ing.
speaking.
Committees must report with-
33. Chairman, of appointive com.
in two weeks after appoint-
mittees, member first pamed
ment of, or, etc.
to be; of elective, the one
39. Meetings of committees;
having highest number of
other members of council
votes at election; in case of
may attend, but may not
tie vote at election, members
vote at.
of committee to choose. 40. Elections of salaried officers.
34. Ordinances, stages of passage 41. To keep minutes of proceed.
of; to have only one read-
ings, enter thereon accepted
ing on same day.
resolutions, notice reports
35. Orders and resolutions im-
and memorials, etc., by title
posing penalties or author-
only or brief description, etc.
izing expenditures to have | 42. To notify, in writing, chair-
two readings, but only one men, of appointment of their
on same day.
committees.
meeting of coun-
RIGHTS AND DUTIES OF THE PRESIDENT.
SECTION 1. The president shall take the chair pre- Duties at opening
cisely at the hour appointed for the meeting, call the cil.
members to order, and within ten minutes, or sooner
if a quorum be present, he shall cause the roll to be
called, and the names of the absentees recorded. The
first business after the roll call shall be the approval of
the records of the last meeting, which shall be ap-
proved without reading unless their reading be called
for by some member.
SECT. 2. He shall preserve order and decorum, may Preservation of
speak to points of order in preference to other mem-
bers, and shall decide all such questions subject to an
appeal to the council by any motion regularly seconded appoint commit-
and no other business shall be in order until the ques-
tion on the appeal shall have been decided. He shall
appoint all standing committees, and all other com-
mittees not required to be elected by ballot, or which
the council shall not vote so to elect.
SECT. 3. He shall rise to address the council, to Shall rise to
state facts or to put a question, but may read sit- etc., may read
ting,
SECT. 4. He shall put no question to vote, except Shall put no
upon motion of some member, duly seconded. Pro- og
vided, that in all matters coming down from the upper tipo de
order, points of
order, appeal
from decisions;
president shall
tees.
address council,
sitting.
question except
on motion sec-
onded; excep-
244
RULES AND ORDERS.
To declare all
votes, if doubted
to require a
count and
May call mem-
bers to chair and
debate; shall
board requiring concurrent action, the question shall
be on concurring, and it may be put to a vote without
motion.
SECT. 5. He shall declare all votes, but if a mem-
ber doubt the vote he shall require the members voting
announce result. in the affirmative and in the negative without any
further debate, successively to rise and stand until
they are counted, and shall then announce the result;
but no decision shall be declared unless a quorum of
the council shall have voted.
SECT. 6. He may call any member to the chair for
participate in a period of time not extending beyond an adjourn-
appoint chair- ment; and when out of the chair the president may
tee of the whole. participate in any debate, but shall not resume the
chair while the same question is pending; and on go-
ing into a committee of the whole, he shall appoint
the chairman. The president may state facts and give
his opinion on questions of order without leaving his
place.
Questions, order SECT. 7. Questions shall be propounded in the
of propounding;.
naming sums and order in which they are moved, unless the subsequent
fixing times.
motion be previous in its nature ; except that in nam-
ing sums and fixing times, the largest sum and the
longest time shall be first put.
Motion stated to SECT. 8. After a motion is stated by the president,
it shall be disposed of by a vote of the council, unless
withdrawn by the mover before an amendment or de-
cision.
SECT. 9. A motion to adjourn shall always be in
order; that, and the motion to lay on the table, and
questions of the order of business, shall be decided
without debate, Whenever a subject is laid on the
table it may be taken therefrom at any time thereafter.
SECT. 10. The previous question shall be in this
form : “Shall the main question be now put ?" It
only shall be admitted when demanded by a majority
of the members voting, if a quorum be present; and,
until it is decided, shall preclude all amendment and
debate of the main question; and after the adoption of
the previous question, the sense of the council shall
forthwith be taken upon amendments reported by a
committee, upon all pending amendments in their
order, and then upon the main question.
Yeas and nays SECT. 11. The yeas and nays shall be taken on any
question or motion upon the request of one of the
members present.
be disposed of
unless with-
drawn, etc.
Motion to
adjourn; what
motions not
debatable.
Previous ques-
tion.
shall be taken on
request of one
member.
RULES AND ORDERS OF COMMON COUNCIL.
245
president to
SECT. 12. When two or more members rise at the Right to floor,
same time, the president shall name the member who determine.
is entitled to the floor.
In absence of
president who to
bers during
debate.
interrupt
debate; excep-
RIGHTS AND DUTIES OF MEMBERS.
SECT. 13. In the absence of the president the senior In absence of
member in point of service, present, shall call the preside;
council to order, and preside until a president pro
tempore shall be chosen by ballot; and if an election
is not effected on the first trial, on a second ballot a
plurality of votes shall elect. When any member is conduct of mem-
about to speak in the council, he shall rise in his place debate.
and respectfully address the presiding officer, confin-
ing himself to the question under debate, avoid per-
sonality, and sit down when he is finished. No
member shall speak out of his place without leave of
the president.
SECT. 14. No member shall be mentioned in debate Members not to
be mentioned by
by his name, but may be described by the place he oc- name during
cupies, or such other designation as may be intelligible
and respectful.
SECT. 15. No member speaking shall be interrupted no member to
by another, but by a call to order, or to correct a mis- another during
take. If any member in speaking or otherwise, tion.
transgresses the rules of the council, the president
shall, or any member may call him to order. The
member called to order shall thereupon immediately
sit down, unless permitted to explain, and the council,
if appealed to, shall decide the case. If the decision
be in favor of the member called to order, he shall be
at liberty to proceed ; if otherwise he shall not proceed
without the leave of the council.
SECT. 16. No member shall speak more than twice Speaking, limita-
to the same question, or more than once until other and duration of,
members choosing to speak shall have spoken, or more priority of busi-
than ten minutes at each time, without obtaining leave
of the council.
SECT. 17. While the president or any other mem- No member to
ber is speaking, no one shall stand up or pass unneces- another is speak-
ing, etc.
sarily before the person speaking.
SECT. 18. Every motion shall be reduced to writing, Motion to be
if the president directs or any member requests it.
ing if requested.
SECT. 19. When a question is under debate, no Motions, what
te on the allowable; pri-
motion shall be received but to adjourn, to lay on the a
table, for the previous question, to postpone to a certain
day, to commit, to amend, or to postpone indefinitely-
tion as to times
questions as to
ness.
stand while
reduced to writ-
ority of.
246
RULES AND ORDERS.
Motion for recon-
sideration, when
in order.
vote unless
excused, etc.
foreign to subject
Motions to com-
mit, order of pro-
cedure.
which several motions shall have precedence in the
order in which they are arranged, and no motion to
postpone or commit shall be allowed twice on the same
day, in the same stage of the ordinance or proposi-
tion.
Motion for recon- SECT. 20. A motion for the reconsideration of a
vote shall be in order for immediate consideration if
made by a member voting with the majority; or if
notice be given by any member at the meeting at which
the vote passed, it shall be in order at the next meeting,
and not afterward, and a vote deciding a motion to
reconsider shall not be reconsidered.
Every member to SECT. 21. Every member who shall be in the coun-
cil when a question is put shall give his vote, unless
the council, for special reasons excuse him, or unless
1 his private interests are involved therein.
Amendments · SECT. 22. No motion or proposition on a subject
not admissible. different from that under consideration shall be ad-
mitted under color of an amendment.
SECT. 23. All motions and reports may be com-
mitted or recommitted at the pleasure of the council.
And when a motion is made to refer the subject, and
different committees are proposed, the question shall
be taken in the order following :-
A standing committee of the council.
A select committee of the council.
A joint standing committee.
A joint select committee.
SECT. 24. All questions shall be divided when the
sense will admit of it, if called for by any member of
the council.
Reading of
SECT. 25. The reading of a paper, when called for
and objected to, shall be determined by a vote of the
council.
Suspension,
SECT. 26. No rule or standing order of the council
amending of shall be suspended, unless all of the members present
consent thereto ; nor shall any rule or order be repealed
or amended unless notice of the proposed repeal or
amendment was given at the next preceding meeting,
nor unless a majority of the whole council concur
therein.
SECT. 27. No member shall be obliged to serve on
more than three committees at the same time, nor be
chairman of more than one, nor be on any committee
having in charge matter touching his individual inter-
est.
Division of
question,
papers.
repealing, or
rules.
1
.
No member
obliged to serve
on more than
three commit-
tees, etc.
RULES AND ORDERS OF COMMON COUNCIL.
247
ness.
SECT. 28. At each regular meeting of the council Order of busi-
the order of business shall be as follows :-
1. Presentation of petitions, remonstrances and
memorials.
2. Papers from the board of mayor and alder-
men.
3. Unfinished business of preceding meetings.
4. Motions, orders or resolutions.
5. Reports of committees.
6. Communications and reports from city officers.
mittees, what to
to sit during ses-
sion of council;
observed in com-
whole.
COMMUNICATIONS, COMMITTEES, REPORTS, RESOLUTIONS,
ETC.
SECT. 29. Memorials or any other papers addressed Memorials and
to the council shall be presented by the president or by Farounail. howed
a member in his place who may explain the subject p
thereof; they shall be read by the president, clerk, or
other such person as the president may request, and
shall be taken up in the order in which they were pre-
sented, unless the council shall otherwise direct.
SECT. 30. Standing committees shall be appointed Standing com.
on ordinances, on enrollment and on elections and be appointed.
returns.
SECT. 31. No committee shall sit during the sitting Committees not
of the council without special leave, except the com- sion of council;
exception.
mittees on ordinances and enrollment.
SECT. 32. The rules of proceeding in the council Rules to be
shall be observed in the committee of the whole, so far mittee on the
as they may be applicable, except the rule limiting the
times of speaking.
SECT. 33. When a committee is nominated by the Chairman of
president, the person first named shall be the chair- to be.
man unless the president himself is a member of that
committee, in which case he shall be chairman. In
elections of committees by ballot when the chairman
is not especially chosen, the person having the high-
est number of votes shall act as chairman; and in
case of an equality of votes between two or more
members of a committee, the members thereof shall
choose a chairman.
SECT. 34. Every ordinance shall pass through the Ordinances,
following stages before it shall be considered as hay- sag
ing received the final action of this board, viz. : First and
reading, second reading, passage to be enrolled, pas-
sage to be ordained ; but no ordinance shall have more
than one reading on the same day.
committee, who
stages of pas-
nly one
reading same
248
RULES AND ORDERS.
ing expenditures
to have two
one same day;
exception.
Seats of mem-
bers, how deter-
mined.
Committees to
consist of three;
reports of com-
mittees.
Committees to
report in two
weeks.
Orders, etc., SECT. 35. All orders and resolutions imposing
imposing penal-
ties or authoriz- penalties or authorizing the expenditure or payment
of money whether the same shall have been appro-
readings; only
priated or not, and all orders or resolutions authoriz-
ing loans shall have two several readings before they
shall be finally passed by this board ; but they shall
not have more than one reading on the same day, ex-
cept orders to authorize the printing of any documents
relating to city business.
SECT. 36. The seats of the common council shall
be numbered and determined by lot, and no member
shall change his seat but by permission of the presi-
dent.
SECT. 37. All committees of the council shall con-
sist of three members, unless a different number shall
be specially ordered, and no report shall be received
from any committee unless agreed to in committee
actually assembled ; and all reports shall be in writ-
ing.
SECT. 38. It shall be the duty of every committee
of the council, to whom any subject may be specially
referred, to report thereon within two weeks, or at the
next regular meeting, or ask further time.
SECT. 39. Members of the council may attend meet-
attend meetings ings of any of its committees, but shall not vote thereat.
ELECTIONS.
SECT. 40. All salaried officers shall be chosen by
viva voce vote. In all elections for salaried officers a
time shall be assigned for such election at least one
day previous thereto.
DUTIES OF THE CLERK, ETC.
Clerk, duties of.
SECT. 41. The clerk shall keep brief minutes of
the votes and proceedings of the council, entering
thereon all accepted resolutions, shall notice reports
and memorials, and other papers submitted to the
board, only by their titles, or a brief description of
their purport.
Clerk to notify
SECT. 42. The clerk shall notify in writing the
chairman of com- chairman of each committee of the council of the ap-
pointment of such committee.
Members of
council may
of committees.
Officers, how'
chosen.
mittees.
APPENDIX.
APPENDIX.
ACTS OF 1872, CHAPTER 130.
AN ACT TO ESTABLISH A FREE BRIDGE ACROSS THE CONNECTICUT
RIVER, BETWEEN SPRINGFIELD AND WEST SPRINGFIELD.
= 0
19.
Section.
Section.
1. County commissioners may construct
and West Springfield ; award of com-
highway and bridge across Connecti-
missioners to be binding upon all
cut river.
parties named therein ; compensation
2. May provide that portion of bridge
and expenses of commission.
may be used for street railway.
8. Springfield and West Springfield to
3. To give notice of time and place for a have care of bridge, and Spring-
hearing, before laying out, etc.
field care of highway; cost of repairs,
Damages.
etc., to be apportioned by commis-
Expense of maintaining and keeping
sioners.
in repair, to be borne by Springfield Liability for defects in bridge and
and West Springfield.
highway.
6. County commissioners to file in the 10. County commissioners may borrow
clerk's office of S. J. C. the amount $150,000 on the credit of the county;
of cost of bridge.
bridge not to be traveled upon, until
7. Three commissioners may be appointed expiration of right of Springfield
to apportion cost between Springfield
Bridge Co. to take tolls.
Be it enacted, etc., as follows:-
SECTION 1. The county commissioners of Hampden county
may, if in their opinion the public convenience and necessity
require the same, lay out and construct a highway and bridge,
with suitable approaches thereto, across the Connecticut river,
from the easterly end of the common in West Springfield to some
point in Springfield opposite thereto; and may also lay out and
construct a public highway, to connect the said bridge with the
Plainfield road, so called, in said Springfield.
SECT. 2. Said commissioners may, if they deem it expedient,
in constructing said bridge provide for the use of a portion thereof
for street railway purposes, and shall at all times after the com-
pletion of said bridge have authority to determine upon what terms
and under what conditions street railways may be laid and used
upon and across said bridge.
SECT. 3. Before proceeding to locate said bridge and to lay out
and establish said highway, the said commissioners shall give
notice of the time when and the place at which they will meet to
hear all parties interested, by causing a notice of such time and
place to be published for two successive weeks in some newspaper
published in said county.
1
252
APPENDIX.
SECT. 4. The said commissioners shall estimate and award
damages, occasioned by the location of said bridge, and the laying
out of said highway, in the same manner as is now provided by
law in the case of laying out highways, and any person aggrieved
by the award of said commissioners shall have a like remedy by
application for a jury as in the case of laying out highways under
the provisions of the General Statutes.
SECT. 5. All expenses incurred under this act, including all
expense of maintaining and keeping in repair said bridge, its
approaches and the said highway, shall be borne and paid by the
city of Springfield and the town of West Springfield, in such pro-
portions and in such manner as shall be determined under the
following provisions.
SECT. 6. When such bridge and highway are completed and
the full cost thereof ascertained, including therein all land damages
awarded or assessed, said county commissioners shall file a report
of the fact, together with the amount of such cost, in the office of
the clerk of the supreme judicial court of the county of Hampden,
whereupon, and upon the application of the county commissioners
or any party interested, and after such notice as the court may
order, said court may appoint a board of three commissioners, who
shall be sworn to the faithful discharge of duties hereunder, to
said county and to the cities and towns interested, served in such
manner as the court may direct, and a hearing of such of said
parties as may desire to be heard, shall award and determine what
proportional part of the cost so reported, and what proportional
part of the cost of maintaining and keeping said bridge and
highway in repair, and all other expenses incurred under this act,
shall be borne and paid by the city of Springfield and town of
West Springfield as they shall award and determine will be specially
benefited thereby, and they shall also award how and by whom
and to whom such proportional amounts shall be paid.
SECT. 7. The determination and award of said commissioners,
or a majority of them, shall be by them reported in writing to the
supreme judicial court for said county, and upon the acceptance
thereof by said court and judgment and decree entered thereon,
shall be binding upon all parties named therein, and such proceed-
ings may be had upon such judgment and decree to enforce and
carry the same into effect as is provided by law in civil cases in
said court.
The compensation and expenses of said commission shall be paid
in such manner as they shall by their award determine, subject to
the approval of the said court; and all matters and things provided
by this act to be done in and by said court, except the final judg-
ment and decree, may be done by any justice thereof as well in
vacation as in term time.
NORTH END BRIDGE.
253
SECT. 8. After the completion of said bridge and highway, the
city of Springfield and the town of West Springfield shall have the
care and superintendence of the said bridge, its abutments and
piers, and the city of Springfield of the highway leading from said
bridge to the Plainfield road, and shall cause them to be kept in
good repair and safe and convenient for travel ; the cost of the
said repairs, care and superintendence to be borne by such parties
as the said board of commissioners shall determine under the
authority herein before granted.
SECT. 9. Liability for defects in the bridge, its piers and abut-
ments, shall exist on the part of the town of West Springfield
and the city of Springfield, in such proportions as by the award of
said commission they severally pay towards the cost of keeping
the same in repair ; liability for defects in the highway leading
from said bridge to the Plainfield road shall exist only upon the
part of the city of Springfield.
SECT. 10. The county commissioners of said county may borrow
on the credit of said county a sum not exceeding one hundred and
fifty thousand dollars for the purpose of carrying into effect the
provisions of this act.
The said bridge shall not be open for travel, and no travel shall
be permitted thereon, until the expiration of the right of the
Springfield Bridge Company to take tolls, as provided by its
charter.
ACTS OF 1872, CHAPTER 131.
AN ACT TO MAKE FREE THE EXISTING BRIDGE OVER THE CONNECTI-
CUT RIVER, BETWEEN SPRINGFIELD AND WEST SPRINGFIELD.
Section.
1. Bridge between Springfield and West 3. Appeal to jury to be made to and acted
Springfield to be free, July 1, 1872.
upon by Worcester county commis-
2. Commissioners to award damages to
sioners ; jurors; jury to report award
be paid to proprietors of the Spring-
to S. J. C. for Hampden county.
field Bridge, to be appointed by S. J. 4. Bridge to be kept in repair, and cost
C.; commissioners to determine how
thereof to be apportioned by commis-
sioners.
how and by whom cost of repairs, 5. Liability for defects in bridge.
etc., shall be borne ; proprietors of 6. Fee simple in toll-house, land, etc.,
bridge may appeal to a jury.
vested in Hampden county.
Be it enacted, etc., as follows:-
SECTION 1. The bridge over the Connecticut river, between
Springfield and West Springfield, including its piers and abutments,
is hereby laid out and shall become a public highway on the first
day of July next, and no tolls shall be demanded or received for
passing thereon on or after that date.
254
APPENDIX.
SECT. 2. The supreme judicial court sitting in any county, or any
justice thereof, after such notice as it may order upon the applica-
tion of the proprietors of the Springfield Bridge, or of ten legal
voters of Springfield or of West Springfield, shall appoint a board
of commissioners consisting of three disinterested and suitable per-
sons, not residents of the county of Hampden, and said commis-
sioners, having been duly sworn to the faithful and impartial dis-
charge of their duties, shall, after due notice to all the parties
interested, and a hearing, determine and award the amount to be
paid to the said proprietors of the Springfield Bridge as damages
for the laying out of said bridge, piers and abutments and way
as a public highway, and for the land, toll-house and all appur-
tenances thereof belonging to the said company. Said commis-
sioners shall also determine and decree what cities and towns in
the county of Hampden are or will be specially benefited by the
provisions of the first section of this act, and shall determine and
decree what proportions of the damages aforesaid shall be paid by
the said cities and towns, and by the county of Hampden, respect-
ively. Said commissioners shall also determine in what propor-
tions and manner the said county of Hampden, and cities and
towns benefited as aforesaid, shall defray the expenses of the main-
tenance and repairs of said bridge, abutments, piers and way, and
all other expenses properly incurred under the provisions of this
act; and their determination and decree, or that of a major part of
them, shall be made in writing, and reported to the supreme judi-
cial court for the county of Hampden, and also to said proprietors of
the Springfield Bridge, and to each of said cities and towns, and to
the county commissioners of Hampden county; and the same shall
be binding upon all the parties interested therein, except that the
said proprietors of the Springfield Bridge may appeal to a jury from
the award of the commissioners. And if the said corporation shall
not appeal to a jury within sixty days after receiving the award
and decree of said commissioners as aforesaid, then the same shall
be absolutely binding upon all the parties interested therein.
When the same shall have been accepted and judgment entered
thereon by the supreme judicial court, the just fees and expenses
of said commissioners shall be paid by such of the parties interested
as the said commissioners may decree : provided, that no part
thereof shall be assessed upon said bridge corporation.
SECT. 3. If the said bridge corporation shall appeal to a jury from
the award of the said commissioners as aforesaid, their application
for a jury shall be made to and acted upon by the county commis-
sioners of Worcester county, and the jurors shall be drawn from
said county, but the hearing may be had before said jury in the
county of Hampden. In all other respects the same proceedings
shall be had, and the same liability shall exist in regard to costs
OLD TOLL BRIDGE.
255
incurred as is provided by law in the case of laying out highways by
the county commissioners. The said jury may, revise the award of
said commissioners, so far as relates to the amount to be paid to
the said bridge corporation, and shall report their award to the
supreme judicial court for the county of Hampden, and when the
same shall have been accepted final judgment shall be entered
upon the award of the commissioners aforesaid as modified by the
award of said jury. All damages awarded and costs incurred
under this section, shall be paid by the same parties and in the same
proportions as provided in relation to the payment of damages in
section second.
SECT. 4. Upon the said bridge, piers, abutments and way
becoming a highway as aforesaid, the city council of Springfield
and the selectmen of West Springfield shall have the care and
superintendence of the same, and cause them to be kept in good
repair and safe and convenient for travel; the cost of repairs, care
and superintendence of said bridge, its abutments and piers, shall
be borne by such parties as the board of commissioners shall deter-
mine under authority hereinbefore granted.
SECT. 5. Liability for defects in the bridge, its abutments and
piers shall exist on the part of Springfield and West Springfield, in
such proportions as the county commissioners of the county of
Hampden shall determine.
SECT. 6. Upon the bridge becoming a public highway, as herein
provided, the fee simple in the toll-house, land and appurtenances
thereof, belonging to the aforesaid bridge corporation, lying east
of said bridge, shall be vested in the county of Hampden, and the
income thereof, or the proceeds, in case of a sale thereof, shall be
used in paying for said bridge.
SECT. 7. This act shall take effect upon its passage.
Approved, March 23, 1872.
256
APPENDIX.
ACTS OF 1873, CHAPTER 200.
AN ACT TO ESTABLISH A FREE BRIDGE ACROSS THE CONNECTICUT
RIVER, BETWEEN SPRINGFIELD AND AGAWAM.
Section.
Section.
1. County commissioners may construct 14. Expenses to be apportioned among
highway and bridge across Connecti.
cities and towns by commissioners
cut river, between Springfield and
appointed by S. J. C.
Agawam.
5. Liability of Springfield and Agawam
2. Estimation of damages.
for defects in bridge.
3. Expenses of building and repairing 6. County commissioners may borrow
bridge.
$100,000.
Be it enacted, etc., as follows:-
SECTION 1. The county commissioners of Hampden county, if
in their opinion the public convenience and necessity so require,
may lay out and construct a highway and bridge, with suitable
approaches thereto, across the Connecticut river, at or near the
ferry between the city of Springfield and the town of Agawam.
The provisions of section twelve of chapter seventeen of the Gen-
eral Statutes, shall also apply to said commissioners, and before
adjudication on the necessity of constructing such bridge, they
shall give notice of a hearing to all parties interested, as in the
case of laying out highways under the provisions of the General
Statutes.
SECT. 2. The said commissioners shall estimate and award
damages occasioned by the location of said bridge and the laying
out of said highway, in the same manner as is now provided by
law in the case of laying out highways; and any person aggrieved
by the award of said commissioners shall have a like remedy, by
application for a jury, as in the case of laying out highways under
the provisions of the General Statutes.
SECT. 3. All expenses incurred under this act, including all
expense of maintaining and keeping said bridge in repair, shall
be paid by such parties and in such proportions as shall be deter-
mined under the following provisions.*
SECT. 4. When such bridge and highway is completed, and the
full cost thereof ascertained, including therein all land damages
awarded or assessed, said county commissioners shall file a report
of the fact, together with the amount of such cost, in the office of
the clerk of the supreme judicial court of the county of Hampden,
* Cost of maintaining bridge apportioned by Acts of 1898, ch. 386, sect. 1, post.
SOUTH END BRIDGE.
257
whereupon, and upon the application of the county commissioners
or of any party interested, and after such notice as said court may
order, said court or a justice thereof in any county shall appoint a
board of commissioners, consisting of three disinterested and suit-
able persons, not residents of the county of Hampden; and said
commissioners having been duly sworn to the faithful and impar-
tial discharge of their duties, shall, after due notice to all the parties
interested and a hearing, determine and decree what cities and
towns in the county of Hampden are or will be specially benefited
by the laying out and construction of said bridge and highway, and
shall also determine and decree what proportions of the cost and
expenses aforesaid shall be paid by said cities and towns respect-
ively. Said commissioners shall also determine in what proportions
and manner the said cities and towns, benefited as aforesaid, shall
defray the expenses of maintaining and repairing said bridge and its
appurtenances, not including any portion of the highway, which
lies easterly of the abutment of the bridge in Springfield, or west-
erly of its abutment in Agawam, and also all other expenses prop-
erly incurred under the provisions of this act, including their own
fees; and their determination and decree, or that of a major part
of them, shall be made in writing and reported to the supreme judi-
cial court for the county of Hampden; and when the same is
accepted and judgment entered thereon by the court, it shall be
binding upon all the parties interested therein.
SECT. 5. Liability for defects in the bridge and its abutments
shall exist on the part of the city of Springfield and the town of
Agawam, in such proportions as by the award of said commis-
sioners they severally pay toward the cost of keeping the same in
repair. Such portions of the highway laid out and constructed
under this act as lie easterly of the abutment of the bridge in
Springfield, and westerly of its abutment in Agawam, shall be
maintained and kept in repair by the city or town in which they
are, and said city or town shall be liable for defects upon the same,
in the same manner as upon other highways within their limits.*
SECT. 6. The county commissioners of said county may borrow
on the credit of said county, a sum not exceeding one hundred
thousand dollars, for the purpose of carrying into effect the pro-
visions of this act.
Approved, April 15, 1873.
* Provision as to liability for damages changed by Acts of 1898, ch. 386, sect. 2, post.
25 8
APPENDIX.
ACTS OF 1880, CHAPTER 236.
AN ACT RELATIVE TO THE APPORTIONMENT OF THE COST OF CON-
STRUCTING AND MAINTAINING A BRIDGE OVER CONNECTICUT
RIVER, BETWEEN AGAWAM AND SPRINGFIELD.
Section.
1. Commissioners to be appointed to ap-
portion cost of constructing bridge
over Connecticut river.
Section.
2. If special benefits do not equal the
amounts paid, excess to be paid by
county.
Be it enacted, etc., as follows:-
SECTION 1. At any time within six months from the passage
hereof, the supreme judicial court or any justice thereof, upon the
written application of the city of Springfield or town of Agawam,
shall appoint a board of commissioners consisting of three suitable
and disinterested persons, not residents of Hampden county, who
having been duly sworn to the faithful and impartial discharge of
their duties, shall after due notice to all parties interested and after
a hearing determine and decree the amount of special benefits said
city and town receive from the bridge over the Connecticut river
constructed under the provisions of chapter two hundred of the acts
of the year eighteen hundred and seventy-three.
SECT. 2. If said commissioners shall find that the special bene-
fits of said bridge to said city and town do not equal the cost
of the bridge including all land damages and expenses as they
appear in the report of the county commissioners on file in the
office of the clerk of the supreme judicial court for said county,
then they shall determine and decree that said Hampden county
shall pay to said city and town the amount that each has paid or
become liable for on account of the construction of said bridge in
excess of the benefit it receives therefrom; and their determination
and decree or that of the major part of them shall be made in
writing and reported to the supreme judicial court or any justice
thereof; and when the same is accepted and judgment entered
thereon by the said court it shall be binding upon all parties
interested therein. Said commissioners shall also determine and
decree who shall pay their reasonable fees and expenses.
SECT. 3. This act shall take effect upon its passage.
Approved, April 23, 1880.
SOUTH END BRIDGE.
259
ACTS OF 1898, CHAPTER 386.
AN ACT RELATIVE TO THE APPORTIONMENT OF THE COST OF MAIN-
TAINING A BRIDGE OVER THE CONNECTICUT RIVER BETWEEN
AGAWAM AND SPRINGFIELD.
Section.
Section.
1. Apportionment of expense of main- | 2. Liability for damages.
taining bridge.
Be it enacted, etc., as follows:-
SECTION 1. The expenses of maintaining and repairing the
bridge and its appurtenances constructed under the provisions of
chapter two hundred of the acts of the year eighteen hundred and
seventy-three shall hereafter be paid by the city of Springfield and
the town of Agawam in the following proportions, namely:
Eighty-five per cent. by the city of Springfield and fifteen per
cent. by the town of Agawam.
SECT. 2. Said city and town shall be respectively liable, under
the limitations of the law, for damages resulting from defects in
said bridge and its appurtenances, in the same proportions as they
respectively pay towards the cost of maintaining and keeping the
same in repair,
SECT. 3. This act shall take effect upon its passage.
Approved, April 29, 1898.
260
APPENDIX.
ACTS OF 1872, CHAPTER 345.
AN ACT TO SUPPLY THE CITY OF SPRINGFIELD WITH WATER.
Section.
Section.
1. Springfield to be supplied with water 7. Rents for use of water to be fixed by
from Connecticut or Chicopee rivers.
commissioners.
2. To file in registry of deeds, description 18. If water is taken from Chicopee river,
of land taken.
some reliable method for measuring
3. May build aqueducts, erect dams and
water must be provided.
reservoirs, and regulate the use of 9. Penalty for unlawfully using water,
water
wantonly diverting the same, or ren-
4. Liability for damages ; parties dissatis-
dering it impure.
fied'may have a trial by jury.
10. Occupant of tenement liable for water
5. Rights to be exercised by water com-
rent.
missioners ; compensation of com 11. City may take franchise held by
missioners.
Springfield Aqueduct Co.
6 Springfield Water Bonds" may be 12. Water may be used to generate steam.
issued, not exceeding $1,000,000 at 13. Existing rights not affected.
seven per cent. interest.
| 14. Subject to acceptance by vote of city.
Be it enacted, etc., as follows:-
SECTION 1. The city of Springfield may take, hold and convey
into and through said city from the Connecticut river, at any con-
venient point within the limits of said city, or from the Chicopee
river, at any convenient point within the limits of said city or the
town of Wilbraham, sufficient water for the use of said city and
inhabitants, for the extinguishment of fires, domestic and other
purposes ; and may also take and hold by purchase or otherwise
any lands or real estate necessary for laying and maintaining
aqueducts or pipes, constructing or maintaining reservoirs, dams
and such other works as may be necessary or proper for raising,
forcing, retaining, distributing, discharging or disposing of said
water.
SECT. 2. The city of Springfield shall, within sixty days from
the time they shall take any lands for the purposes of this act, file
in the registry of deeds of the county and district in which such
lands lie, a description of the lands so taken as certain as is required
in a common conveyance of lands, and a statement of the purposes
for which they were taken, which description and statement shall
be signed by a majority of the water commissioners hereinafter
named.
SECT. 3. The said city may make, build and lay down aque-
ducts and pipes from said sources to, into, through and about said
city, and secure and maintain the same by any works suitable
therefor; may erect and maintain dams to raise and retain the
WATER SUPPLY.
261
water taken ; may construct and maintain reservoirs within or
without said city; and may make, erect and maintain, and carry
on such other works as may be necessary or proper for raising the
water into the same, and forcing and distributing the water
through and about said city ; may make and establish such public
hydrants and fountains in such places in said city as may, from
time to time, be deemed proper, and may prescribe the purposes
for which the same may be used, and may change or discontinue
the same ; may distribute the water throughout said city, and for
this purpose may lay down pipes to any house or building in said city,
the owner or owners thereof having notice and not objecting there-
to; may regulate the use of said water, and establish, receive and
collect the prices or rents to be paid therefor; and said city may, for
the purposes aforesaid, carry and conduct and maintain any aque-
ducts, pipes or other works, by them to be made, laid down or con-
ducted over, under, through or across any water course, canal,
street, bridge, railroad, highway or other way, in such a manner
as not to obstruct the travel or free use thereof; may enter upon
and dig up any such road, street or way for the purpose of laying
down pipes beneath the surface thereof, and for maintaining and
repairing the same, and in general may do any other acts and
things necessary or convenient and proper for carrying out the pur-
poses of this act.
SECT. 4. [S. *Said city of Springfield shall pay all damages to
which any persons or corporations are entitled, by reason of the
taking of any lands, water, or water-rights, or by the construction
or repairing of any dams, aqueducts or other works, for the pur-
poses aforesaid. If any person or corporation sustaining damages
as aforesaid, cannot agree with the city upon the amount of such
damages, they may have them assessed by the county commis-
sioners for the county of Hampden, by making a written applica-
tion therefor within one year after sustaining such damages ; and
either party aggrieved by the doings of said commissioners in the
estimation of said damages may have the same settled by a jury;
and if the damages are increased by the jury, the city shall pay all
legal costs ; but otherwise, the said costs shall be paid by the party
claiming damages; and the said commissioners and jury shall have
the same powers, and the proceedings shall in all other respects be
conducted in the same manner as provided in case of taking land
for highways.]
SECT. 5. The rights, powers and authority granted to the city
of Springfield by this act, shall be vested in and exercised by a
board of water commissionerst, consisting of five citizens of said
city, who shall be elected by the legal voters of said city at an elec-
* Section 4 is superseded by Acts of 1873, ch. 75, $ 3, post page 265.
† See Acts of 1873, ch. 75, $ 6, post page 266.
262
APPENDIX.
tion which shall be legally ordered and held at the same time and
date that the said city shall vote upon the acceptance of this act.
The said commissioners shall serve until the first day of January
of the year eighteen hundred and seventy-five. Thereafter the
rights, powers and authority granted to the said city by this act
shall be vested in and exercised by a board of water commission-
ers, consisting of three citizens of said city, who shall be chosen by
the city council of said city, one for the term of one year from the
first day of January in the year eighteen hundred and seventy-five,
one for the term of two years, one for the term of three years, and
annually thereafter one water commissioner shall be so chosen to
serve for the term of three years.
Said commissioners shall receive such compensation as the city
council of said city may prescribe, and a majority of said commis-
sioners shall be a quorum for the exercise of the powers and duties
prescribed by this act.
SECT. 6.* For the purpose of paying all necessary expenses and
liabilities incurred under the provisions of this act, said city shall
issue coupon bonds, signed by the treasurer of said city, to be de-
nominated “Springfield Water Bonds,” to an amount not exceed-
ing one million dollars, payable at periods not exceeding thirty
years from the date thereof, with interest payable semi-annually
at a rate not exceeding seven per centum per annum; and said
city may sell said bonds at public or private sale, or pledge the
same for money borrowed for the purposes of this act, upon
such terms and conditions as it may deem proper, and may raise
money by taxation to pay said bonds and interest thereon when
due ; but said city shall not raise more than twenty-five thou-
sand dollars in any one year towards payment of the principal
of said bonds, except the year in which the same may become
lue.
SECT. 17.7 The said water commissioners shall establish such
prices or rents for the use of the water, as to provide annually, if
practicable, from the net income and receipts therefor for the pay-
ment of the interest on said water bonds, and also after three years
from the introduction of the water into said city, for the further
payment of not less than one per centum of the principal of said
bonds. The net surplus income and receipts, after deducting all
expenses, interest and charges of distribution, shall be set apart as
a sinking fund, and applied solely to the payment of the principal
of said bonds until the same are fully paid and discharged. [R.
The said water commissioners shall be trustees of said fund, and
* Powers under this section taken from commissioners and vested in city council. See
Acts of 1873, ch. 75, $ 6, post.
† Provisions as to sinking fund changed by Acts of 1891, ch. 152, post.
WATER SUPPLY.
263
shall annually, and as often as the city council may require, render
an account of all their doings in relation thereto.]*
SECT. 8. If the said city shall elect to take water from the
Chicopee river, it shall be the duty of the water commissioners to
provide some reliable means or method of measuring and register-
ing the amount of water taken, as soon as they commence taking
the same, such register or record to be accessible at all times to
any interested parties; and if the owners of any water-rights in
the waters of said river and said city, shall fail to agree upon the
mode of measurement, the method shall be fixed by one or more
engineers, to be appointed upon the application of either party, by
any justice of the supreme judicial court.
SECT. 9. If any person shall use any water taken under this
act without the consent of said city, or shall wantonly or
maliciously divert the water, or any part thereof, taken or held by
said city, pursuant to the provisions of this act, or corrupt the
same or render it impure, or destroy or injure any dam, aqueduct,
pipe, conduit, hydrant, machinery or other works or property held,
owned or used by said city under the authority of and for the pur-
poses of this act, he shall forfeit and pay to said city three times the
amount of damage assessed therefor, to be recovered in an action
of tort, and on conviction of either of the wanton or malicious
acts aforesaid may be also punished by fine not exceeding three
hundred dollars, or by imprisonment in jail not exceeding one
year.
SECT. 10. The occupant of any tenement shall be liable for the
payment of the rent for the use of water in such tenement, and the
owner shall also be liable, if, on being notified of such use, he does
not object thereto.
SECT. 11. The said city of Springfield shall take, hold and use,
the franchise and all of the reservoirs, dams, pipes, hydrants and
other property now owned and held by the Springfield Aqueduct
Company, upon the payment by the said city to the said Springfield
Aqueduct Company of such a sum as shall be mutually agreed
upon by and between them; and in case they shall not so agree
upon the sum to be paid, the same proceedings may be had as is
provided in the fourth section of this act, for the payment of dam-
ages to any person or corporations injured by the taking of their
lands, water or water-rights.
[R. SECT. 12. The water taken under this act shall not be used
in any way as a motive power, except for generating steam.]t
* Clause inclosed in brackets repealed by Acts of 1873, ch. 75, $ 6, post. Trustees to be
chosen by city council when necessary.
† Sect. 12 is repealed by Acts of 1890, ch. 368, $4.
Note.-The board of water commissioners as established by this act abolished and new
board established by Acts of 1880, ch. 30, ante page 54.
264
APPENDIX.
SECT. 13. Nothing in this act shall be construed to affect any
existing right of said city of Springfield to draw water from said
rivers.
SECT. 14. This act shall take effect upon its passage, and shall
become void unless accepted by a majority of the legal voters of
the city of Springfield, present and voting thereon, at a legal
meeting which shall be called in their several ward-rooms for that
purpose, by the mayor and aldermen of said city, within sixty days
from the passage of this act, at which meeting the check-list shall
be used.*
Approved, May 6, 1872.
* Accepted by a vote of 1,292 yeas to 569 nays, at meetings May 28, 1872.
ACTS OF 1873, CHAPTER 75.
AN ACT TO AMEND AN ACT TO SUPPLY THE CITY OF SPRINGFIELD
WITH WATER.
Section.
Section.
1. Springfield may take water from brooks Falls if water is taken from Chicopee
in Ludlow.
river.
2. May make reservoirs for collecting and | 5. Vacancy in board of commissioners to
storing water ; may unite with other
be filled by city council.
parties in making structures for joint | 6. Powers granted in 1872, 345, $ 6, to be
use.
exercised by city council; income,
3. Liability for damages; parties dissatis-
etc., from rents to be paid' into city
fied may have a trial by jury.
treasury ; sinking fund to be held by
4. May supply Chicopee and Chicopee
trustees.
| 7. Repeal.
Be it enacted, etc., as follows :-
SECTION 1. In addition to the sources of water-supply named
in section one of chapter three hundred and forty-five of the acts
of eighteen hundred and seventy-two, the city of Springfield may,
in accordance with the provisions of said act, take, hold and con-
vey from Higher brook and Broad brook, so called, in the town of
Ludlow, through Ludlow, Wilbraham and Springfield, sufficient
water for the purposes mentioned in said act and the acts in
addition thereto.
SECT. 2. The city of Springfield, by and through its board of
water commissioners, if said board shall deem it expedient, may,
for the purpose of collecting and storing water and equalizing the
flow of water in the Chicopee river, make and maintain, upon or
near said river or the streams flowing into the same, any reservoirs,
dams or other suitable structures, and may take and hold, by pur-
chase or otherwise, such real estate, water, water-rights or ease-
ments as may be necessary or convenient for that purpose ; and
WATER SUPPLY.
265
UL
said city may unite and agree with other parties interested in the
water of said river in making and maintaining suitable works and
structures for their joint use and benefit.
SECT. 3. Said city of Springfield shall pay all damages to which
any persons or corporations are entitled by reason of the taking of
any lands, water or water-rights, or by the construction or repair-
ing of any dams, aqueducts or other works connected with its
water-supply. In estimating such damages, allowances shall be
made for any advantage which such persons or corporations may
receive from the water supplied by means of compensating dams
and reservoirs as herein provided.
If any persons or corporations sustaining damages as aforesaid
cannot agree with said city upon the amount of such damages,
they may have them appraised by the county commissioners for the
county of Hampden, by making a written application therefor
within one year after sustaining such damages ; and either party
aggrieved by the doings of said commissioners in the estimation of
said damages, may have the same settled by a jury; and if the
damages are increased by the jury, the city shall pay all legal
costs; but otherwise, the said costs shall be paid by the party
claiming damages ; and the said commissioners and jury shall
have the same powers, and the proceedings shall in all respects be
conducted in the manner provided in the case of taking land for
highways. If any persons or corporations suffer damage by reason
of the failure of said city at any time to maintain the compensating
dams and reservoirs originally provided, they may, upon applica-
tion to the county commissioners, have a new appraisal of damages,
subject to a like appeal to a jury.
SECT. 4. In case the Chicopee river, or any of its branches
is selected as the source of water-supply for the city of Springfield,
said city, with the written consent of the selectmen of Chicopee,
duly authorized thereto, by a vote of the town, at a meeting called
for that purpose, may supply the villages of Chicopee and Chicopee
Falls, or either of them, with water, upon such terms and conditions
as may be agreed upon by and between the water commissioners
of said city and the selectmen of said town; and for that purpose
may take and hold real estate necessary therefor, and extend its
pipes, and with such consent, dig up and open any street or way
in said town for placing and maintaining such pipes and aqueducts
as may be necessary for the purposes set forth in this section.
SECT. 5. In case a vacancy at any time exists in the board of
water commissioners of said city of Springfield, by reason of death,
resignation or otherwise, a citizen of Springfield shall be elected
by a joint vote of the city council of said city to fill such vacancy.
Note.-The board of water commissioners referred to in this act abolished and new
board established. Acts of 1880, ch. 30, ante page 54.
266
APPENDIX.
SECT. 6. The rights, power and authority granted in section
six of chapter three hundred and forty-five of the acts of eighteen
hundred and seventy-two, shall be exercised by the city council of
the city of Springfield, and not by the board of water commission-
ers; and all moneys expended and liabilities incurred under
authority of said chapter and of this act, shall be paid from the city
treasury upon proper vouchers, approved by said board of water
commissioners. The income and receipts from rents for the use of
water, shall be paid by the water commissioners, from time to time,
and as often as once in six months, into the city treasury, and the
surplus thereof, after paying all necessary expenses of maintaining
the aqueduct and conducting the business, shall be used for the same
purposes as provided in section seven of said chapter. The sink-
ing fund created by said section shall be held by three trustees, to
be chosen by the city council at such times and for such terms as
said city council may determine, and said trustees shall annually,
and as often as said city council shall require, render an account
of all their doings in relation to said fund.*
SECT. 4. All acts and parts of acts inconsistent herewith, are
repealed.
SECT. 8. This act shall take effect upon its passage.
Approved, March 14, 1873.
NOTE.-See Acts of 1880, ch. 30, ante page 54.
* Sinking fund to be held by sinking fund commissioners. See Acts of 1891, ch. 152,
post.
ACTS OF 1874, CHAPTER 208.
AN ACT TO AMEND AN ACT TO SUPPLY THE CITY OF SPRINGFIELD
WITH PURE WATER.
Section.
1. Springfield may convey water from
Belchertown and Ludlow.
Section.
2. City to pay damages for taking land or
water-rights ; see 1873, ch. 75, $ 3.
Be it enacted, etc., as follows:-
SECTION 1. In addition to the sources of water-supply named
in section one of chapter three hundred and forty-five of the acts
of eighteen hundred and seventy-two, and chapter seventy-five of
the acts of eighteen hundred and seventy-three, the city of Spring-
field may, in accordance with the provisions of said acts, take, hold
and convey from Broad brook within the limits of the town of Bel-
chertown, the water of said brook to any pond or reservoir of the
said city in the town of Ludlow or elsewhere.
WATER SUPPLY.
267
And they may in the manner aforesaid take or hold any lands
within the limits of the town of Belchertown aforesaid needed for
reservoir-dams and canals, to store and convey the waters from said
brook to said reservoir, and in addition thereto, they may take so
much land upon both sides of said brook within the limits of said
town of Belchertown as the board of water commissioners of the
city of Springfield may deem expedient, for the purpose of preserv-
ing the purity of the waters of said brook,
SECT. 2. Said city shall pay all damages to which any person
or corporation is entitled by reason of the taking of any land,
water, or water-rights, under the provisions of this act, the same
to be estimated and determined in the same manner, and subject
to the like limitations as are provided for the estimate and pay-
ment of the like damages, by the provisions of said chapter
seventy-five of the year eighteen hundred and seventy-three.
SECT. 3. This act shall take effect upon its passage.
Approved, April 28, 1874.
ACTS OF 1874, CHAPTER 243.
AN ACT TO AUTHORIZE THE CITY OF SPRINGFIELD TO ISSUE ADDI-
TIONAL WATER FUND BONDS.
Section.
1. Springfield may issue additional water bonds, not exceeding $200,000. See 1873,
ch. 75, $ 6.
Be it enacted, etc., as follows :-
SECTION 1. The city council of the city of Springfield may for
the purpose mentioned in chapter three hundred and forty-five of
the acts of eighteen hundred and seventy-two, and chapter seventy-
five of the acts of eighteen hundred and seventy-three, issue bonds
to an amount not exceeding two hundred thousand dollars, in addi-
tion to the amount therein authorized to be issued, upon like terms
and conditions and with like powers in all respects as are provided
in said acts for the issue of bonds of said city.
SECT. 2. This act shall take effect upon its passage.
Approved, May 18, 1874.
268
APPENDIX.
ACTS OF 1879, CHAPTER 147.
AN ACT TO PRESERVE THE PURITY OF THE WATER SUPPLY OF THE
CITY OF SPRINGFIELD.
Section.
Section.
1. Fish not to be taken from reservoir 2. Boats not to be put in reservoirs with-
without consent of commissioners.
out consent, etc.
| 3. Penalties.
Be it enacted, etc., as follows :-
SECTION 1. No person shall take any fish from any reservoir or
canal held or owned by the city of Springfield for the purpose of
supplying the inhabitants of said city with water, without the per-
mission of the board of water commissioners of said city.
SECT. 2. No person shall put or place any boat in or upon the
waters of any of the reservoirs or canals aforesaid, without the per-
mission of said board of water commissioners.
SECT. 3. Whoever violates any provisions of this act shall be
punished by a fine of not less than two nor more than fifty dollars,
to be recovered on complaint before any court of competent juris-
diction.
SECT. 4. This act shall take effect upon its passage.
Approved, March 25, 1879.
---
-
ACTS OF 1889, CHAPTER 368.
AN ACT TO AUTHORIZE THE CITY OF SPRINGFIELD TO ISSUE ADDI-
TIONAL WATER BONDS AND TO SUPPLY THE TOWN OF LUDLOW
WITH WATER FOR CERTAIN PURPOSES.
Section.
Section,
1. May issue coupon water bonds; sink 15. If water main is laid in Ludlow, the
ing fund.
city of Springfield shall not interfere
2. Subject to a two-thirds vote of the city with use of streets, etc , further than
council.
necessary to perform the work.
3. To raise by taxation, etc., sufficient for
Towns to take water for watering
payment of interest, etc. New dis-
troughs, cemeteries, hydrants, etc.
tribution mains.
Water facilities to be furnished along
4. Repeal of Acts of 1872, ch. 345, sect. 12. line of works.
Be it enacted, etc., as follows :-
SECTION 1. The city of Springfield, acting by its city council,
is hereby authorized to issue coupon water bonds, to be signed by
WATER SUPPLY.
269
its treasurer and its mayor, to an amount not to exceed four hun-
dred and fifty thousand dollars, payable at a period not to exceed
forty years from their date, with interest payable semi-annually at
a rate not to exceed four per centum per annum, for the purpose of
raising money with which to pay for a new and additional water
main from its source of water supply in Ludlow, in the county of
Hampden, to and into said city. The sinking fund provisions of
chapter three hundred and forty-five of the acts of the year eight-
een hundred and seventy-two and of all acts in amendment thereof
shall, so far as applicable, apply hereto.
SECT. 2. Said main shall not be constructed, nor any contract
relating thereto made, until the said city council shall by a two-
not be authorized in excess of the amount which said city council
shall determine to be necessary for the construction of a main of
such a size as said council shall by such vote authorize the board
of water commissioners of said city to lay.
SECT. 3. The city council of said city shall annually include in
the appropriation of money to be raised by taxation such a sum as
it shall determine will be required during the then municipal year
to meet the interest on the Springfield water bonds and on bonds
issued under the authority hereof, that shall not be met by the esti-
mated net income of the water department; and in estimating said
net income, all expenses of said department, including the esti-
mated cost of new distribution mains to be laid during such year,
shall be taken into account; and said city council shall annually
determine what sum of money shall be expended by the water com-
missioners for new distribution mains.
SECT. 4. Section twelve of said chapter three hundred and
forty-five is hereby repealed.
SECT. 5. If the water main authorized to be laid by this act
shall be laid in said town of Ludlow, said city of Springfield shall
not interfere with the use of the streets or public ways in said
town, by taking up the same or otherwise, further than is neces-
sary to the performance of said work, and said city shall leave
settling of any ditches or excavations made in the course of said
work, in as good condition and repair as the same were in before
said work was begun; and shall be liable to the same extent that
said town might be held liable for any damage caused by any
defect created by said city in such streets or ways; and shall fur-
nish such police protection as is necessary to the preservation of
the public order and security along the line of said works during
the prosecution thereof; and said city shall allow said town to
take from said main sufficient water for the supply of a watering
trough at Ludlow Center and at Ludlow Village, so called, and
270
APPENDIX.
for the supply of the two cemeteries in said town to the extent
heretofore used therein, without charge ; and shall provide at the
expense of said town for connections for hydrants, not exceeding
six in number, to be used for fire purposes only, and to be erected
by said town at such places on the line of its works as may be des-
ignated by the selectmen before the laying of said pipe, and shall
furnish a supply of water for the same without charge ; and said
city shall also furnish to residents of said town along the line of
its works, and may furnish in any place where connection with
said works now exists, the same privileges and facilities in and for
the use of its water that are furnished to the residents of said city
of Springfield, so long as it can do so without injury to said city.
The provisions of this section may be enforced by injunction or
other appropriate process by any court possessing equity jurisdic-
tion.
SECT. 6. This act shall take effect on the first day of January
next.
Approved, May 24, 1889.
ACTS OF 1890, CHAPTER 303.
AN ACT TO PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE CITY
OF SPRINGFIELD.
Section.
Section.
1. City may increase its water supply, determined by actual quantity of
water from Jabish brook in Belcher-
water taken. Deduction for waste
town, etc. May erect dams and res-
of water.
ervoirs, lay down conduits, etc.
5. Water compensation for mills on Chic-
2. A description of land taken to be re-
opee river. City to pay damages for
corded in registry of deeds. Method
taking land.
of measuring water. Amount of 6. City may erect storage reservoirs
water decided to be taken to be re 7. Rights of riparian owners on brook
corded.
above land taken not to be affected.
3. May take all water below Dorman's | 8. City may issue bonds.
mill. When city changes its method 9. Taxation of lands acquired in Belcher-
of taking water, new certificate to
town. Collection and abatement of
be recorded.
taxes.
4. Value for manufacturing purposes to be
Be it enacted, etc., as follows:-
SECTION 1. The city of Springfield, acting by its board of water
commissioners, may, from time to time by purchase or otherwise
and for the purpose of increasing its water supply, take, hold and
convey to and into its system of water supply at any point thereof
the water of any or all of the ponds, with the land thereunder, and
the springs, surface and underground currents tributary thereto,
which are located in said Springfield northerly of the north branch
of Mill river, so called ; and may, for the purpose of increasing its
WATER, SUPPLY.
271
water supply during the months of June, July, August, September
and October in each year, take, hold and convey as aforesaid dur-
ing such.months from any convenient point on Jabish brook below
Dorman's mill in the town of Belchertown, to an amount to be
established in the way hereinafter provided, such a part of the
water of said brook as shall be determined by said board to be nec-
essary for the supply of said city with water during all of the said
months for the purposes now authorized by law; and may by pur-
chase or otherwise, for the purpose of increasing said water supply
during all said months, take all of said water of said brook below
said Dorman's mill, and may by purchase or otherwise take any
and all lands, property, rights of way and easements that may be
necessary for holding, storing, preserving and conveying any of
said water as aforesaid and for carrying out the objects of this act;
and may erect on any lands so taken proper dams, reservoirs, fix-
tures, structures, machinery and apparatus, may make such exca-
vations and provide such other means as may be necessary or advis-
able for said purpose ; and may construct and lay down such con-
duits, canals, pipes or other works, under, through or over any
lands, water-courses, railroads and public and private ways, as may
be necessary or advisable for said purposes ; and for all proper
purposes of this act may dig up any such lands and, under the
direction of the board of selectmen of said town, may enter upon
and dig up any such public ways in said town, and may dig up any
such ways in said Springfield, in such a manner as to cause the
least hindrance to public travel ; and shall hold the town in which
such ways are located harmless from all liability to parties claim-
ing damages from any cause resulting from its acts.
SECT. 2. Said city of Springfield shall, within sixty days after
taking any rights of way, easements, land or property for any of
the purposes herein authorized, or taking the water of all or any of
said ponds with the land thereunder or the springs and currents
tributary to such ponds, file and cause to be recorded in the regis-
try of deeds for the county in which any such land, rights of way,
easements, ponds or property taken are situated, a description of
such land, rights of way, easements, ponds or property sufficiently
accurate for identification; which description shall be signed by
said board; and if said city shall elect to take by measurement as
herein provided any of the water of said Jabish brook for the sup-
ply of said city during said five months it shall file in the registry
of deeds for the county of Hampshire, within sixty days after it
shall have so elected, a statement in writing, signed by said board,
setting forth that it has elected to take such water by measure-
ment under the provisions of this act and in the way herein pro-
vided ; and upon the filing of said statement as aforesaid said city
may proceed, under the authority herein before given, to take any
272
APPENDIX.
and all land, rights of way, easements and property, and to erect
any and all structures, machinery and apparatus, and do any and
all acts necessary or advisable for the diversion and use of the
water of said Jabish brook by measurement as herein authorized ;
and it shall provide a suitable method of measuring any water that
it shall divert from said brook, which method shall be open to the
inspection of any party interested and may be fixed by one or
more civil engineers to be appointed, upon the application of any
party interested, after due notice and hearing, by any justice of
the superior court, Said city, if it takes said water by measure-
ment, shall, by the vote of its board of water commissioners, before
diverting any of the water of said brook, determine annually the
daily quantity of water it elects to divert from said brook during
said period of five months; and shall, before diverting the same,
file in the registry of deeds for Hampshire county a certificate
signed by said board stating the daily quantity of water said city
has determined to take and divert as aforesaid ; and the filing of
said certificate shall be deemed to be the taking and appropriating
of the quantity of water therein stated for the period therein
named ; but said city shall not be liable for damages by reason of
the taking and appropriation as aforesaid nor shall any proceed-
ings for the recovery of such damages be maintained until such
period of five months shall have expired.
SECT. 3. Said city, acting by said board, may, for said purpose
at any time, take all of the water of said brook at any convenient
point below said Dorman's mill during all of said months in each
year; and may, at any time, take all of the water of said brook
and its tributaries at any convenient point below said mill for the
permanent and constant increase of its said water supply ; and
any election which shall be made by said city, as to the quantity
of water it will take and the time during which it will take the
same, shall not deprive said city of the right to thereafter take said
water in any way authorized by this act and differing from that
under which said city may have been taking said water; but when-
ever said city shall change its method of taking said water and
make a new election under the authority thereof, or if it shall take
all of the water of said brook, it shall file in the registry of deeds
for said county of Hampshire a new certificate as aforesaid, set-
ting forth what quantity of water and for what time it has decided
to take the same, and the filing of said certificate shall be deemed
to be the taking of the water therein determined; but no damages
therefor shall be recovered until the water has actually been
diverted.
SECT. 4. In estimating the value for manufacturing purposes
or the creation of power, of any water taken hereunder by said
city, the actual quantity of water to be diverted, withdrawn and
WATER SUPPLY.
273
"
conveyed away from said brook only shall be considered ; and in
no event shall said city be held liable for the value for manufac-
turing purposes of more water than is actually diverted if the same
is taken by measurement as herein provided, or for more water
than the construction of the works provided for the conveying of
said water will admit of being diverted and withdrawn from the
natural flow of said brook, if said water is not taken by measure-
ment as aforesaid. Such quantities of water as may be taken from
said brook by said city in times of freshet or flood, or whenever
there is a wastage or surplus of water flowing over the dams in
the course of said brook below the point of intaking of said city,
shall not be charged against said city in estimating and determin-
ing damages caused to mill owners and manufacturing corpora-
tions by the diversion of said water by the said city of Springfield
under the authority of this act, unless actual damage resulting
therefrom is shown. If any measurable portion or part of the
water withdrawn from said brook by said city at the point of intak-
ing shall at any time during its conveyance through the towns
of Belchertown and Ludlow or after its reception in any storage
reservoir or basin of said city, or if any measurable quantity or
quantities of water from any source or sources owned and con-
trolled by said city shall be wasted or discharged from the works
of said city and restored to any water-course through which the
water diverted and withdrawn from said Jabish brook would have
naturally flowed had it not been withdrawn and diverted, such
quantity or quantities of water shall be deducted from the amount
withdrawn from said Jabish brook at the point of intaking in esti-
mating the damages to which any persons or corporations below
the point of restoration of said water may be subjected ; and the
quantity of water being drawn during the different hours of the
day shall be taken into consideration.
SECT. 5. Said city shall, for the purpose of a water compensa-
tion to any parties owning or operating mills or mill privileges on
Chicopee river for any water of which they may be deprived by
the taking of any of the water of Jabish brook as aforesaid, cause
to be released daily, wherever the same can be done without det-
riment to the supply of water required for its own uses, from
Cherry valley reservoir into the old bed of Broad brook, a quan-
tity of water not less than that being taken from said Jabish brook,
and the value thereof shall be considered in the estimation of any
damages claimed by said parties ; and said parties may by appro-
priate remedy compel said city to thus release said water. Said
city shall pay all damages suffered by any person in his property
by the taking of any land, rights of way, easements, water rights
or property as hereinbefore provided, or from any other acts done
under the authority hereof, but no damages shall be recovered
274
APPENDIX.
from the taking of water until the water is actually diverted. Any
damages suffered shall be assessed and determined in the way and
manner provided by law when land is taken for the laying out of
highways, and all proceedings for the recovery of damages shall
be brought within and not later than three years after the right of
action accrues; and if said city shall take said water by measure-
ment as hereinbefore provided, any depreciation in the value of the
property of any person by reason of any uncertainty in the flow of
said brook that shall result from such taking, shall be considered
in the first petition brought by any person for damages.
SECT. 6. Said city is authorized to erect at any point on said
Jabish brook below the point from which it shall divert any of the
water thereof and above the junction of said brook with Swift
river, so called, storage reservoirs for the storage of water to com-
pensate any owner of mills or mill privileges for any water of
which such owner may be deprived by reason hereof; and the ben-
efit such owner may receive thereby shall be taken into considera-
tion in estimating any damages he may suffer under any acts done
under the authority hereof; and for the purpose of the erection of
said reservoirs said city may, in the way hereinbefore provided for
the taking of other lands, take any and all lands, ways and other
property necessary therefor, and erect thereon any and all dams
and other structures required for the construction of such reser-
voirs.
SECT. %. The provisions hereinbefore contained shall not be
construed to affect or restrict the right of riparian proprietors on
said Jabish brook above the land taken and used for the purposes
of this act to use said brook for any purpose authorized by law;
nor as preventing the use of the water of the brook for the purpose
of supplying the town of Belchertown with water for fire and
domestic purposes.
SECT. 8. Said city, acting by its city council, is hereby author-
ized, for the purpose of raising money with which to meet any part
of any expense or liability which may hereafter accrue by reason
of any acts done under the authority of this act, to issue coupon
water bonds, to be signed by the treasurer and the mayor, to an
amount not to exceed the sum of two hundred and fifty thousand
dollars, payable at a period not to exceed forty years from their
date, with interest payable semi-annually at a rate not to exceed
four per centum per annum; to which bonds the sinking fund and
water bond provisions of chapter three hundred and forty-five of
the acts of the year eighteen hundred and seventy-two and of all
the acts in addition thereto and in amendment thereof shall apply.
SECT. 9. All lands in Belchertown which shall be 'acquired by
said city under the authority hereof shall continue liable to taxa-
tion by said town at a valuation not exceeding the assessed value
WATER SUPPLY.
275
thereof by the assessors of said town for the year eighteen hundred
and eighty-nine, and the valuation of such lands for the purposes of
taxation shall not be affected by the flowage thereof or their use
for the purposes of this act. Taxes assessed on said lands shall
not constitute a lien thereon, but if the same shall remain unpaid
for a period of thirty days after written demand for the payment
thereof the collector of taxes for said town may bring suit to
recover said tax. Said city may at any time prior to the bringing
of such suit apply to the county commissioners for Hampshire
county in the way and manner provided by statute in other cases
of application for abatement of taxes; and if such application
is made such suit shall not be brought until such application is
decided. Such suit shall be brought within two years after the
tax is committed to the collector for collection.
SECT. 10. This act shall take effect upon its passage.
Approved, May 20, 1890.
ACTS OF 1891, CHAPTER 152.
AN ACT RELATING TO THE SINKING FUND FOR THE PAYMENT OF THE
WATER BONDS OF THE CITY OF SPRINGFIELD.
Section 1. Sinking fund may be held by commissioners.
Be it enacted, etc., as follows :-
SECTION 1. The sinking fund required by section seven of
chapter three hundred and forty-five of the acts of the year
eighteen hundred and seventy-two and by any acts in amendment
thereof or in addition thereto may, at the election of the city
council, be held by any commissioners of the sinking funds of
said city that shall be established and elected under the provisions
of chapter twenty-nine of the Public Statutes instead of being held
by trustees as is provided in section six of chapter seventy-five of
the acts of the year eighteen hundred and seventy-three; and if
so held the provisions of said chapter twenty-nine relating to such
commissioners and to the care, custody and management of the
fund shall apply thereto.
SECT. 2. This act shall take effect upon its passage.
Approved, March 30, 1891.
♡
APPENDIX.
276
ACTS OF 1902, CHAPTER 242.
AN ACT TO AUTHORIZE THE CITY OF SPRINGFIELD TO REFUND A PART
OF ITS WATER DEBT.
Section.
1. City of Springfield may issue bonds to
refund its water debt.
| Section.
2. Payment of loans, etc.
Be it enacted, etc., as follows:-
SECTION 1. The city of Springfield, by vote of its city council, is
hereby authorized to issue bonds to an amount not exceeding two
hundred and fifty thousand dollars, for the purpose of refunding a
part of its indebtedness at present existing as a water loan, and
maturing on the first day of April in the year nineteen hundred
and three. The bonds issued under the provisions of this act shall
be made payable not more than ten years from the date of issue,
shall bear interest at a rate not exceeding three and one half per
cent per annum, and shall not be reckoned in determining the limit
of indebtedness of the city fixed by law. They shall be signed by
the treasurer and countersigned by the mayor and auditor of the
city, and may be sold or negotiated at public or private sale, and
the proceeds shall be used in payment of water bonds of the city
falling due on the first day of April in the year nineteen hundred
and three ; but no purchaser shall be responsible for the application
of said proceeds.
SECT. 2. The city council of said city shall include each year
in the appropriation of money to be raised by taxation such a sum
as it shall determine will be required during that municipal year
to meet the interest on the Springfield water bonds and on bonds
issued under authority hereof, which will not be met by the esti-
mated net income of the water department; and in estimating
such net income all expenses of said department, including the
interest upon its bonds and the estimated cost of new distributing
mains to be laid that year, shall be taken into account. The sink-
ing fund provisions of chapter three hundred and forty-five of the
acts of the year eighteen hundred and seventy-two and of all acts
in amendment thereof shall, so far as they may be applicable,
apply to the indebtedness hereby authorized.
SECT. 3. This act shall take effect upon its passage.
Approved, March 27, 1902.
INDEX.
A
....88
......86
....
ABATEMENTS
PAGE
on bills due the city, effect of......
of taxes. See ASSESSORS.
of water rents. See WATER DEPARTMENT.
• ABUTTERS
along water pipe line in Ludlow, may be supplied with water...........270
assessments for betterments upon .....
.....48, 49, 183
assessments upon, for sewers and drains.....
............23
assessments upon, for sidewalks.....................
...23, 186
consent of, to laying sewers through their lands......... ...........187
damages of, in case of laying out streets..................23, 45, 48, 51, 182
rights of, in cases of street changes and betterments ........
....50
See OWNERS.
ACCOUNTS
against city, not to be acted upon by auditor, unless certified ..
of city treasurer, when to be made up and how kept....................103
of expense of protection against snow slides, supervisors to keep.........207
of expenditures on streets, superintendent of streets to keep .........
of fire department.............
........145
of receipts and expenditures to be published annually by city council. ...19
of schoolhouse agent....
..........127
See CITY AUDITOR.
ACTING MAYOR
chairman of aldermen to be, when......
....17 note, 102
may draw orders on city treasurer..................................86, 87
to serve during vacancy .............. ................................17
ACTIONS
committee on finance may order, for collection of claims due city.........89
pending when ordinances repealed, not to be affected...
.225
ACTS OF LEGISLATURE
acceptance of......
1852, 94-charter ...
1853, 175-addition to charter.....
1861, 151-construction of wooden buildings.......
1863, 107_authorizing the city to construct certain drains
1863, 192—sidewalks .....
1863, 204—relocation of streets and ways.............
1864, 142–City Library Association incorporated..
1866, 174-streets, etc.............
1867, 94. 1866, 174—extended to Springfield......
1872, 130—north end bridge. .......
1872, 131-old toll bridge......
253
1872, 243—prevention of fires in cities and towns.
1872, 334—board of public works.
.......131
I.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
..
.
.
.
.
..
.225
ea.....................
...............
278
INDEX.
PAGE
....................................
266
......267
53
.............................
.
268
0
61
.
.
.
.
.
.................................
.
.
.
275
.
.
.
ACTS OF LEGISLATURE, continued.
1872, 345—Water supply............
1873, 75-water supply...
.......264
1873, 126-amending charter....
......35
1873, 200-south end bridge......,
256
1874, 208—water supply ...
1874, 243—water fund bonds........
1878, 97-city physician to be overseer of the poor
1879, 147—purity of water supply..
1880, 30-board of water commissioners...
1880, 236-cost of south end bridge,
1882, 154—public parks.........
.....
........56
1883, 25—mayor, ex officio, a member of school committee..
1883, 130—Springfield, West Springfield, and Agawam relieved from
certain forfeitures,
1885, 65—election of aldermen......
1887, 54-plumbers ...
1888, 136—water commissioners..
1889, 368-water supply............
.268
1890, 74—public health .............
1890, 303—additional water supply.......
270
1890, 356—part of Longmeadow annexed...
.66
1891, 152-sinking funds for water bonds.
1893, 97—fire department.......
1893, 301-river line established..
1898, 386_cost of south end bridge.
1900, 236—smoke nuisance ..............
1900, 276—wires and electrical appliances.....
1901, 95—City Library Association to hold additional estate..
1901, 147-election of aldermen and councilmen.....
1902, 134-police department.....
1902, 155—City Library Association to hold additional estate.
1902, 242-refunding water debt.............
Rev. Laws, ch. 26, sects. 31-35-city officers.....
101
Rev. Laws, ch. 48, sect. 103—building line....
......188
Rev. Laws, ch. 101, sects. 1-5—dilapidated buildings..........
Rev. Laws, ch. 103—supervision of plumbing, accepted........
. 142
Rev. Laws, ch 104, sects. 4-12--construction of buildings....
Rev. Laws, ch. 108, sects. 26-28—reserve police force.........
.......178
ADVERTISING MATTER
not to be affixed to lamp posts in streets..........
............200
not to be placed in streets, etc........
AGAWAM
See BRIDGES.
AGENT
See HEALTH, BOARD OF.
See OVERSEERS OF THE POOR.
See SCHOOLHOUSE AGENT.
ALDERMEN, BOARD OF
charter provisions as to manner of election....
committees of, to be appointed by mayor.....
.......241
committees, standing committees of..........
confirmation of nominations, etc...
...20
...............................
.
.
.
.
.
.
.
.
.....164
.
165
.....16
..........................
.241
INDEX.
279
PAGE
......................
....
.....
........
..
............
...
.........
ALDERMEN, BOARD OF, continued.
election and qualification.......
...38
election of city officers, procedure.........
..........101
established ...............
........ .14
may call meetings to vote upon park laws....
..60
may order connection between private and public sewers..
may permit raising, alteration or moving of wooden buildings in fire
district .....................................................
may prescribe duties of city clerk........
may remove buildings on land taken for streets, at expense of owner.....
may take whole of abutting estate in case of alteration, etc., of street...
member of, to be member of board on claims...........
...............
members to be sworn, quorum, compensation, powers...
conduct of during debate.........
from wards of even numbers to be elected in even years, etc....
may hold other office, when.............
not more than two to reside in one ward.
to serve for two years...
no' election, warrants for new election...........
nominations, city auditor.........
appointment and compensation of inspector of coal.
assistant city clerk......
assistant superintendent of streets..
city forester .....
members of police commission.....
of city physician........
of whom to consist and how elected......
order of business..
powers of, as to removal of telephone conduits...........
president of to perform duties of mayor, in case of no election...........102
rules and orders of..
...240, 241
statutory powers as to laying out streets and assessing betterments....48, 49
to approve height, dimensions, location, etc., of telephone poles; may
select agent .....
..........219
to choose member of board of supervisors........
to choose presiding officer in absence of mayor .....
to declare vacancy in office of mayor ......
...........17
to determine value of wooden buildings in fire district damaged by fire. ...161
to meet first Monday in January....
........17
to provide for publication of ordinances.
vacancies in, how filled...........
..........102
See MAYOR AND ALDERMEN, CITY CỌUNCIL.
ALLEYS
provisions as to streets to apply to........
....51, 132, 187
See STREET.
ALMSHOUSE
master of, how elected, term of office, duties.......
services of city physician at...........
........119
AMENDMENTS
right of legislature to make, reserved in charter......... .........32
to charter
.........33-40
See RULES AND ORDERS.
SS..........
...134
· .224
.......104
vel
......
...........................................
......00-7
280
INDEX.
...................................................
.136
197
39
..........
II...............
....................
•19
.....
..........
...
..
.........
........................................
146
ANIMALS
PAGB
inspector of ..
not allowed upon sidewalks....
199
not to be fastened to trees in the streets..............
200
not to go at large in streets.
transportation of dead animals through streets regulated
watering tanks for...............
APPEALS
from city council on question of construction of certain drains, etc....42, 43
from city council on question of damages........
..........
from order as to dilapidated building.
from order of removal of unsafe building........
on question of damages occasioned by taking land for water supply......
APPOINTMENTS
how made by mayor and aldermen........
of city officers, on first Monday of February........
ALLA101
of members of fire department, how made........
.....147
APPROPRIATIONS
city library, authorized for........
for any department exhausted, city council to be notified.................86
for any department exhausted, no further expenditure to be made..
for board of health ......
for each department, not to be exceeded..............
for engineering department, not to be exceeded...
for fire department, pensions to be paid from...
.153
for fire department, to include emergency money........
for salaries of public school teachers..
made by city council, not to be exceeded..
.......87
money not otherwise appropriated may be used for fire escapes on
schoolhouses ...
no money to be drawn from treasury unless under...
parks, authorized for............. ..............
restrictions upon ..
to cover certain items on account of water department...
to include provision for water bonds, etc.
.269
AREAS
See BUILDINGS.
ASHES
duties of chief engineer as to......
..........148
not to be placed in streets, etc.....
removal of, licenses, etc............
rules of board of health as to.....
transportation through streets, regulated.....
......139
ASS. See ANIMALS.
ASSESSMENTS
for betterments ...
for certain drains from Garden brook to Connecticut river...............
for sewers and sidewalks, how collected, charter provisions..............23
for sidewalk construction: how collected...
for taxes. See ASSESSORS AND ASSISTANT ASSESSORS.
See DAMAGES.
ASSESSORS AND ASSISTANT ASSESSORS
duties and liabilities of.....
..125
.
.276
.197
.138
20
........20
INDEX.
281
..................
ASSESSORS AND ASSISTANT ASSESSORS, continued.
duties of, as to Garden brook sewers....
election and tenure of office.....
salary, may be fixed by city council...
to be elected annually by city council. ....
assessors, board of, abatement of taxes, powers and duties.......
duties of secretary .......
records of ......
report of taxes abated..
salary of ........................
to commit assessments to collector of taxes........
to complete assessments by September first.
to organize by choice of chairman and secretary.....
........110
assistant assessors, election, tenure of office, duties, and compensation..35, 110
not to exceed eight...
..35, 110
salary of ................
...........91
ASSIGNMENTS OF WAGES
duties of assistant city clerk..
ASSISTANT CITY CLERK
See CITY CLERK.
ASSISTANT ENGINEER (CIVIL)
See ENGINEER, CITY.
ASSISTANT ENGINEERS OF FIRE DEPARTMENT
See ENGINEERS OF FIRE DEPARTMENT.
ASSISTANT MARSHAL
See MARSHAL, ASSISTANT.
ASSISTANT SUPERINTENDENT OF STREETS
See STREETS, SUPERINTENDENT OF.
AUCTIONS
not to be held on sidewalks, etc......
.......201
AUDITOR OF ACCOUNTS
14
............
........185
AVENUE
defined
See STREETS.
AWNINGS
in streets, not to be injured..........
over sidewalks, how placed and maintained...,
.........200
..........196
B
.213
.......229
.215
...........202
BADGE
to be carried by rag pickers and junk collectors......
to be worn by drivers of hackney carriages..........
to be worn by licensed bootblacks.....
BALL PLAYING
in streets, regulated.........
BALLOON FLYING
in streets, regulated
BARK
survey, inspection and sale of.............
BATHING
indecent exposure of person forbidden.......
........
202
..........23
........201
282
INDEX.
PAGE
BEGGING
by street musicians..
........233
BELCHERTOWN
See WATER SUPPLY.
BELLS
not to be rung in streets without license.......
........201
BETTERMENTS
board of public works to estimate....
........132
growing out of street changes : proceedings....
...183
may be apportioned.........
portioned............................
....50
may be assessed by board of aldermen (Act of 1866).
........49
may be assessed by park commissioners.............
.........58
Revised Laws, provisions of......................... ........48 Note
.............50
BILLS
correctness of, to be certified by heads of departments, approved and
forwarded to auditor.
.........87
of departments, to be forwarded to auditor on or before fourth of
month ....
..........87
BOARD of aldermen. See ALDERMEN, and MAYOR AND ALDERMEN.
of common council. See COMMON COUNCIL.
of health. See HEALTH, BOARD OF.
of overseers of the poor. See OVERSEERS OF THE POOR.
of park commissioners. See PARK COMMISSIONERS, BOARD OF.
of public works. See PUBLIC WORKS, BOARD OF.
of supervisors of highways and bridges. See SUPERVISORS OF HIGHWAYS
AND BRIDGES.
of water commissioners. See WATER DEPARTMENT.
on claims. See CLAIMS.
BOATS
not to be used on water supply reservoirs, without permission..........268
BOISTEROUS OUTCRY
not to be made in streets without license.....
............ 201
BONDS
city council shall require, of officers intrusted with money ................19
of city, how paid.. ......
...........87
of collector of taxes...
...................89, 169
of indemnity to be given by persons licensed to maintain coverings in
sidewalks ...................
..................204
of marshal and assistant marshal...
of telephone company when opening streets....
.........59
to accompany building contracts in excess of five hundred dollars........97
water bonds, authority for.....
.......... 262, 267, 268, 274
BONFIRE
not to be made in streets without license..
.............200
BOOKS
second-hand, dealers in..........
. . . . . . . . . . ..212
BOOT BLACKS
penalty for violation of ordinance.....
to wear badge with number .......
working in streets, etc., to be licensed: provisions....
.215
working in streets, to obtain consent of owner of abutting property......215
i
...176
221
216
INDEX.
283
..............................
.
.......66
...............................
.............................can...............
....................
.................
......
.
....
......
....
........................
.251
BOOTHS
PAGE
for sale of fruit, etc., not to be erected in streets, etc.........
cued in streets, etc....................200
BOUNDARIES
between Springfield and Longmeadow....
Connecticut river line established.
.........69
of fire district.....
....155
of wards, defined ......
.82-84
BRIDGES
North End ........
251
North End—may be used by street railways....
Old Toll .................
.253
Old Toll-expense of repairs, how paid........
..........255
questions may be referred to board of public works, powers and du-
ties .................
........132, 187
South End ........
..........................................256
South End-cost of apportioned between Springfield and Agawam........ 258
South Endexpense of maintaining, apportioned. .....................259
care of and liability for defects.........................252, 253, 255, 257
duties of superintendent of streets as to.................. ........122
to be examined annually by city engineer: report........... ...........117
to be under general supervision of board of supervisors.............116, 134
BROKEN GLASS
not to be thrown in streets, étc...........
..........197
BUILDING COMMISSIONER
statute powers of...
See BUILDINGS, INSPECTOR OF.
BUILDING DISTRICT
established how ..
..........37, 41
may be prescribed.
See FIRE DISTRICT.
BUILDING LINE
how established: damages........
.........188
BUILDING MATERIALS
not to encumber streets or sidewalks........
........195, 196
BUILDINGS .
CHARTER AND SPECIAL STATUTES.
construction of, may be regulated by ordinance. .......
erected in violation of law, may be declared nuisances...
inspection of ..........................................
not allowed on public parks..............................
provisions as to, within building district....
statute as to, not to be in force till accepted by city council.
statute provisions as to construction of...
to be numbered....
upon land taken for streets to be removed by owner.
violations of law as to, may be enjoined.........
· violating ordinances to be nuisances.........
CONSTRUCTION AND REPAIRS.
appeals from orders as to dilapidated buildings...................164, 165
burnt, dilapidated or dangerous, proceedings to condemn............164, 165
chief engineer to report violations of ordinance regulating construction of 148
............................................
.........................
..........................
......52
284
INDEX.
PAGE
...........
.........
1
CUIwweys
..................................
61
......
................
............
..
..
58
.
.
00
.
.162
.
.
.
BUILDINGS, continued.
construction of, within fire district, regulated......
.155-163
chimneys ....
.159
columns, to be placed in certain buildings
cornices .......
158
dormer windows ..
158
elevators ....
fireplaces, how constructed.
furnaces, space around,
in areas ........
jet .......................
.158
piers .......
.156
sewer connections to be made before walls are carried above
foun-
dations
. 155
show windows ..........................
standpipes on buildings over fifty feet high....
stovepipes, how protected..
160
timbers, entering brick walls, requirements as to..... .... ......159
woodwork, to be at least one inch from chimney.....
.160
dilapidated or dangerous, general provisions.......................164-167
drainage system of, not to be changed without permit..................141
fireproof doors, shutters, etc., to be attached to certain buildings in
fire district ...
.........162
factories to have, when.....
storehouses to have, when.....
.162
stores to have, when..........
162
to be closed at end of each business day......
workshops to have, when
fire stops may be required by inspector of buildings.
floors, strength of......
assembly halls, in fire district..
dwelling houses .........
factory, in fire district.
hotels, in fire district........
59
office buildings, in fire district.....
159
stores, in fire district...
warehouses, in fire district............
heating apparatus of, to be examined by chief engineer on request. ...148, 149
in fire district, not to be raised, reconstructed or moved, except..........161
in fire district, to have outside electric switches, and gas valves ......
inspection of ...
.. ......165
in violation of ordinances, to be enjoined how.............. .....167
lien upon land, for costs of removing unsafe buildings..................166
may be declared nuisances, when.....
.164
may be examined by chief engineer on request of two citizens......148, 149
occupant of, to make alterations required by chief engineer, penalty...... 149
powers of chief engineer, etc., as to combustible materials, penalty......148
removal of, by owner or inspector ................................165, 166
roofs of buildings to be covered with incombustible materials. ... ...158
construction of mansard........
in fire district, strength of....
sewage pipes in, subject to rules of board of health.
..........141
to be inspected by district police, upon request of mayor and aldermen....167
162
.
.
62
.
.
59
.
59
.
.
.
.
.
. 159
..........159
......
.
............
INDEX.
285
155
BUILDINGS, continued.
PAGD
walls, construction of, regulated..
156-158
brick and stone, how built and bonded..
163
doorways through party walls.....
162
foundations, how built....
height of ..........
may be built of iron and steel.....
163
thickness of .....
. 162
water tanks erected on buildings in fire district.,
when deemed dangerous, proceedings........
165
wood lintels not to be used over openings over four feet wide.........
wooden, damaged by fire in fire district, may be declared nuisances......161
in fire district, damaged by fire........
in fire district, general provisions..
..161
See BUILDINGS, INSPECTOR OF.
163
163
.
.........
. 206
13
MISCELLANEOUS PROVISIONS.
belonging to city, contracts for, exceeding five hundred dollars, to have bond 97
building line may be established. ......
...........188
declared unsafe, non-resident owners, how notified....
167
encroaching on street, duties of city engineer...,
117
impure water from, not to be allowed to run into streets................201
in which steam is used, to be inspected by superintendent of sewers..... 193
may be numbered by city engineer at expense of owner ...,
118
near street line, roofs to be cleared of snow.
not to be erected in streets without license.
not to be moved through streets without license.....
numbering of, penalty......
occupant of, to remove combustible materials, when; penalty......
owner of, must consent to boot black working in street......
owner of, to make alterations required by chief engineer; penalty.....
protection against snow slides may be ordered........
rag pickers and junk collectors not to enter without permission.......
repair of buildings belonging to city, in excess of five hundred dollars,
to be authorized by city council............
taken for street purposes, value estimated......
to be numbered.....
See FIRE DISTRICT, and PLUMBING.
BUILDINGS, INSPECTOR OF
appointment, tenure of office........
.........162
chief and deputy chief engineer ineligible...
..162
duties as to removal of dangerous structures.
duties of, as to doorways and fire stops.......
.162
how chosen, duties..
..165
may regulate thickness of certain walls..
salary of ...
to approve construction of water tanks.
..163
to approve foundations.......
to approve standpipes.........
to examine all buildings erected in fire district.
to file and record statements as to strength of floors........
BY-LAWS
city council may make.........
...........23
...107
182
.117
166
..............................
157
..91
TANKS..............................,
125
286
INDEX.
T TY
PAGE
BY-LAWS, continued.
survey, etc., of lumber, wood, coal, and bark, etc.............
...............23
to be published.
to be termed ordinances..
..........224
See ORDINANCES.
.........268
CALL MEN
See FIRE DEPARTMENT.
CANALS
fishing or boating in, prohibited, without permission.........
CANNON
firing of in streets, regulated........
.............200
CAPTAIN OF THE WATCH
See POLICE DEPARTMENT.
CARRIAGES
licenses and stands for...
.........198
See VEHICLES.
CARTS
not allowed upon sidewalks........
............199
See TRUCK.
CATCH BASINS
See STREETS.
CATTLE
See ANIMALS.
CESSPOOLS
contents of, how removed.
138
may be prohibited, when; penalty....
192
transportation of contents regulated..
201
See NIGHT SOIL.
CHAIRMAN
of board of aldermen. See ALDERMEN.
of board of overseers of the poor, mayor to be........
of board of assessors, assessors to choose........
.................110
of school committee, mayor to be.....
...........61
of committee on city property, to examine accounts of schoolhouse agent..127
of committees of city council. See RULES AND ORDERS.
of board of engineers of fire department, chief engineer to be............147
of board of health. See HEALTH, BOARD OF.
of board of water commissioners, compensation of......
CHARTER
..13-32
adoption of................
...32
may be amended by legislature.
..........32
amendments to..........
..........33-40
revision attempted in 1877........
............32, note
CHICOPEE
may be furnished with water......
...........265
CHICOPEE RIVER
use of, for water supply ....................
.260
flow of, may be equalized by water commissioners.
...264
CHIEF ENGINEER OF FIRE DEPARTMENT
See ENGINEERS OF THE FIRE DEPARTMENT.
..........
61
.....92
INDEX.
287
.....
....181
.109
.
CHILDREN
PAGE
care of, committed to almshouse.......
..............104
of residents on United States grounds, privileges in public schools........127
habitual truants, how punished....
129
under sixteen, not to be in streets after 9:30 p. m., penalty
...204
in streets after 9:30 p. m. may be sent home...
.205
CHURCHES
entrance to, not to be obstructed by loiterers....
.........202
CIRCULARS
not to be placed in streets, etc.........
...197
CITIZENS
general meetings of, how called, etc........
......15, 26, 223
may petition for fire escapes on schoolhouses....
........167
petitions for changes in streets..
CITY AUDITOR
appointment, duties and powers of.....
...........108
to be sworn....
........108
salary of
.90, 109
vacancy in office, how filled.......
books of ..................................
..........88
reports of .....................................................108, 109
to audit accounts of water department...
..........55
to notify mayor and city council when appropriation for any department
is exhausted .....................
.......86
no claim to be paid by treasurer unless approved by, except..
not to act upon accounts or claims unless certified.........
to receive department bills on or before fourth of month..
to approve payment of weekly employees.......
to receive bills due the city on or before tenth of month.
bills due city to be forwarded to collector and reported to treasurer
before twentieth of month .........
may require information from city treasurer..
to prescribe system of treasurer's accounts. ......
...103
may inspect accounts of schoolhouse agent.......
...127
approval of bills of police department...
....175
duties as to expenses of preventing snow slides....
.............207
CITY CLERK
CHARTER AND SPECIAL STATUTES.
charter provisions for election of..
charter provisions as to manner of election.....
failure to choose and vacancy........
duties of, and tenure of office; vacancy to be filled by city council........20
term of office to be three years......
to be sworn.....
salary ......
not eligible as park commissioner...
may administer oath to mayor...
duties of, when no mayor has been elected
to certify oaths in journal.........
to be clerk of board of aldermen..
powers and duties as to jury list...
to record election returns....
103
.........
288
INDEX.
PAGE :
90
.186
195
.
.
. 234
.
S...........................
.223
.
..114
CITY CLERK, continued.
ORDINANCES.
custodian of city seal....
salary of ....................
to have copy of all written contracts.......
to nominate assistant city clerk...
....114
to determine term of office and removal of assistant city clerk......
vacancy, duties may be performed by assistant..
dilapidated buildings, duties..............
to give notice to land owners of construction of sidewalks....
to certify sidewalk assessments to the tax collector.
86
agreements to indemnify city for use of streets, to be filed with.......
to have custody of agreement of indemnity in case of moving buildings. .199
to record licenses for metal coverings in sidewalks
.204
to keep record of licenses of rag pickers and junk collectors...
.213
to record licenses for public amusements...
to sign warrants for meetings of citizens...
to record ordinances....
.............224
of aldermen and council, to make copies of reports of committees when
requested
............238.
assistant-how chosen; tenure of office and removal. .....
...................114
to be sworn; duties and compensation.
CITY COUNCIL
IN GENERAL.
composed of board of aldermen and common council........
0011 council......................14
charter powers of, as to revision of wards and apportionment of councilmen 14
compensation, powers, manner of voting...........
quorum, a majority of each board to be. ......
each board to judge election of own members.
may declare vacancy in office of mayor, when....
special meetings, how called .....
to make report annually....................
to have control of city property..........
powers of .
sittings to be public when not in executive session
may make by-laws and attach penalties.......
may alter school districts...
to have powers of board of health....
fire department, powers as to.................
may make ordinances as to safeguards against fire.....
may establish a building district...
may require buildings to be numbered....
may establish fire district and regulate construction of buildings...
.........41
may remove members of board of park commissioners...
may delegate powers as to fire department to a board..........
may control police department through agency of a board...
to provide office for collector of taxes....
may require information from city treasurer...........
committees of, appointed annually in January.......
meetings, to be prepared for and attended by messenger..
notices issued by, to be served by city messenger......
may require plans, etc., from city engineer.........
may remove superintendent of streets....
..........122
...........
..
...........
..
............
....
.
.
.
.
.
.
106
.112
.
112
.
.116
.
.
INDEX.
289
...............
.147
175
...188
126
132
.
.........
..............
...
.
CITY COUNCIL, continued.
PAGE
may authorize board of supervisors to make certain contracts.......... .134
may require services of health physician.............
......136
to regulate number of members of fire department...
to determine number of night and day watchmen.
may establish and regulate building lines...
ordinances of, to be published...........
to exercise certain powers of water commissioners...
convention of, mayor to preside.....
presiding officer in absence of mayor ...,
oaths to be administered.......
to determine representatives to general court.
to elect acting mayor......................
.........17
to elect assessors, collector, overseers of poor, chief engineer and
assistants, etc., and fix their compensation.
.........19
to elect, etc., vacancies in offices of clerk and treasurer, and in
school committee....
to elect assessors and assistant assessors
to elect overseers of the poor........
to elect water commissioners by ballot..
to elect assistant assessors........
to elect schoolhouse agent........
to elect board of public works....
131
vacancies in board of public works.......
See CITY COUNCIL, ELECTIONS AND APPOINTMENTS.
ELECTIONS, APPOINTMENTS, ETC.
subordinate officers not otherwise provided for..........
.......19
city officers to be elected, etc., on first Monday of February..
101
city officers, procedure.....
appointment of park commissioners.........
officer to remove wires from streets.
commissioners of sinking fund...
messenger ............................
city engineer, annually............
superintendent of streets, annually...
member of board of health, annually...........
board of water commissioners under act of 1873..
262
vacancies in board of water commissioners...........
See CITY COUNCIL, CONVENTION OF
FINANCES.
to fix salary of mayor......
certain salaries by concurrent vote......
salary of election officers by order
salaries not provided for.......
etc., board of public works..........
etc., members of fire department
etc., clerk of police commission..
care of treasury.....................
annual account to be published...
to require bonds in certain cases....
powers as to collection of taxes....
may appropriate money for parks.......
..........57
to be notified when appropriation for any department is exhausted.......
135
.......
268
290
INDEX.
es ............
.................
269
.276
.
.
.
.
.144
.....20
CITY COUNCIL, continued.
payments authorized by......
to fix interest on unpaid taxes..
may require report from commissioners of sinking fund....
to authorize repairs on city buildings in excess of $500.....
to authorize printing contracts in excess of $200..
authority of, as to contracts for schools of over $500......
to ratify settlements of claims over $500............. .......... .130
to approve sale or purchase of property by police commission over $500..174
duties of as to water bonds, etc...............
to annually determine amount of construction of new water mains........269
powers as to sinking funds for water bonds...
275
may vote to refund water debt, provisions for payment of bonds........
MEMBERS.
members, to be sworn.........
member, absent at organization......
members, failure of election...
vacancies in ........... .....................
members,' ineligible to certain offices....
member, not to be eligible to election as water commissioner....
not to be park commissioner ..
members, may hold other city office except of emolument
member, to be member of board of health.....
....135
not to be fire commissioner, except...........
not to be member of police commission.....
.....173
members, not to contract with city or receive presents........
member, not to have private interest in city contract.........
STREETS, SIDEWALKS, SEWERS.
streets and ways, powers......
sidewalks and drains and assessments therefor.......................
may require private drains to be conducted into public sewer..
highways, may alter or discontinue......
not to act upon streets, sidewalks or sewers without recommendation of
board of public works.
certain drains may be constructed .....
.............42
may establish sidewalks, and compel abutting owners to remove snow
and ice..
.44
may relocate streets, etc...........
.45
may refer matters to board of public works ....
132
may take land and water courses for sewers and drains....
132
to give hearing to parties interested in laying out streets, etc....
proceedings after report of board of public works...
..182, 183
to refer questions as to sidewalks, to board of public works.....
to assess cost of sidewalks upon land owners, when.....
......186
may order construction of sewer in private way..
action to prevent snow slides ........
......206.
RULES AND ORDERS.
joint rules and orders of......
..236-239
standing committees ...........................
.236
original papers passing between boards..............
messages between two boards, to be in writing, when..
.237
proposal for time of next meeting....
non-concurrence, action upon......
36
..........
.197
.237
.237
n
......................................
.237
INDEX.
291
PAGE
..................................
.239
CITY COUNCIL, continued.
commands of, to be in form of “ORDERS”.
.237
“RESOLVES,” when proper......
..........237
in convention, shall transact only business previously agreed on..........238
to choose salaried officers by viva voce vote....
See ALDERMEN, BOARD OF.
See MAYOR AND ALDERMEN.
See COMMON COUNCIL.
CITY , ENGINEER. See ENGINEER, CITY.
CITY FARM. See ALMSHOUSE."
CITY FORESTER. See FORESTER.
CITY GOVERNMENT
how organized in first instance by charter........
.........14, 30
See CITY COUNCIL.
CITY HALL
care of grounds, etc.....
..........113
renting of rooms in........
..........113
See MESSENGER and CITY PROPERTY, COMMITTEE ON.
CITY HALL CLOCK
care of ........
........113
CITY HOSPITAL. See HOSPITAL.
CITY LAMPS
not to be lighted or extinguished without permission....... .....
CITY LIBRARY
city may make appropriations for, under certain conditions....
CITY LIBRARY ASSOCIATION
Act of incorporation............
may hold real and personal estate. ........
may receive bequests, etc.............
authorized to hold estate not exceeding $600,000...
may hold estate not exceeding $1,500,000.......
CITY MARSHAL. See MARSHAL.
CITY MESSENGER. See MESSENGER.
CITY OFFICERS. See OFFICERS.
CITY PHYSICIAN. See PHYSICIAN.
CITY PROPERTY
buildings and property of city.............
city council to have care and management of.....
city council may sell and purchase, when....
schedule of, to be published annually................
private sewers and drains, how may become......
schedule of, to be reported annually by finance committee....
schedule of certain, to be reported annually by superintendent of streets.
leased, water rates to be charged....
extensions of water service upon............
............170
committee on, of whom to consist and how chosen....
... 106, 236
duties of, limit as to expenditures by....
...107, 127
may allow assistance to messenger.............
.........113
to approve certain contracts of schoolhouse agent.................
authority to make contracts in behalf of schools....
chairman to inspect accounts of schoolhouse agent, monthly....... .127
what bills may be approved by........
authority in employment of janitors of public schools............
.................................................4
.
.
.
.
36
.
.
........120
126
127
292
INDEX
PAGE
"................
..17
. 17
..90
....
CITY SEAL. See SEAL.
CITY TREASURER. See TREASURER.
CIVIL SERVICE. See POLICE DEPARTMENT.
CLAIMS
against city not to be paid by treasurer unless approved by auditor .......86
against city, to be examined by auditor ........
.............108
against city, not to be acted upon by auditor unless certified..............86
against city, heads of departments to certify, have approved and for-
ward to auditor ............
............87
against city, reduced to judgment, how paid............. .............87
due city, how collected.....
.........88, 89
board on, of whom to consist, how chosen, powers and duties............130
claims settled by, need not be examined by auditor..
....... 108
CLERK
of board of public works, city, engineer to be, duties, vacancy............132
of board of water commissioners, how chosen and sworn..................64
CLERK OF BOARD OF HEALTH. See HEALTH, BOARD OF.
CLERK OF CITY. See CITY CLERK.
CLERK OF COMMON COUNCIL
how chosen, and tenure of office. ....
to be sworn.............
to certify oaths in journal...
.17
salary of .....
duties .......
.............248
CLOCK
city hall, messenger to have care of.........
..........113
COAL
inspection, measurement and sale of........
not to remain over night in streets, etc...........
.197
and coke, dealers in, etc.......
217, 218
dealers in, to furnish statement with each load.....
official weigher to certify to weight of load......
false statements as to weight. ...................
...217
dealers in, to have number and weight printed on each wagon, etc..
weight and variety to be tested by inspector of coal..
.218
inspector of ..
........................
appointment, compensation, qualifications...
..218
duties and report....
.......218
COASTING
upon sidewalks and in certain streets, forbidden........
202
COKE
weight and variety to be tested by inspector of coal.........
dealers in, to have number and weight printed on each wagon.........
official weigher to certify to weight of load.
dealers in, to furnish statement with each load...,
false statements as to weight..
COLLECTION
of claims due city.......
..88, 89
COLLECTOR OF TAXES
to be elected annually by city council...
salary of ...
19, 34, 90
powers of .....
............
.........99
office to be provided by city council..
..........99
23
.217
......217
.218
...217
218
218
21
217
217
.....19
INDEX. i
293
PAGE
.103
.103
....99
COLLECTOR OF TAXES, continued.
to pay weekly to city treasurer.......
collection of taxes, when to be completed.........
to collect interest on overdue taxes and account for same. ...
to file weekly statements with treasurer.......
..........88
accounts of, to be examined by auditor....
to collect water bills.........
........168, 169
to pay receipts from water bills, weekly...
..169
bond of, to cover collection of water bills.....
.169
to transmit list of unpaid water bills to commissioners
.................
official bond to cover duties in collecting bills due city....
to collect sidewalk and sewer assessments .........
duties as to collection of sidewalk assessments.............
.23
186
166
..207
.....89
collection of certain expenses in preventing snow slides...
to furnish list of unpaid bills to finance committee.........
COLLECTORS
of junk, rags, etc., to be licensed, provisions....
COMBUSTIBLE MATERIALS
duties of chief engineer as to..
..........148
COMMISSIONER OF HIGHWAYS
mayor may be appointed as such...
COMMISSIONS
contracts in excess of $1,000 to be signed by majority of.
members of, not to have private interest in city contract.............
hiring labor, to give preference to residents. .........
to apply to water registrar for extension of water service...
See TITLES OF COMMISSIONS.
COMMITTEES
appointed by city council in January.........
........106, 236
joint standing, of city council.......................................236
joint standing, membership and chairmen.........
..........237
to be appointed by presiding officer of each branch of city council...241, 243
of common council......................
........247
meetings of, to be notified by city messenger......
majority of, to sign certain contracts...............
hiring labor, to give preference to residents. ..........
of city council, may require plans of city engineer....
.........116
to apply to water registrar for extension of water service on city property 170
to make estimates................
reports of .
.........238
rules and orders concerning......
.........236-248
of conference, provisions as to.......
........237
See TITLE OF COMMITTEE.
COMMON
See STREETS.
COMMON COUNCIL
established .........
........14
organization of ......................................................17
17
to keep record of proceedings and judge of election of members....
to declare vacancy in office of mayor......
.
...98
........106
294 .
INDEX.
.....
.
...
COMMON COUNCIL, continued.
PAGE
sittings to be public. ........
of whom to consist, and how elected......
salary of clerk..........................
election of city officers, procedure..................
to choose member of board of supervisors.....
may refer to board of public works any matter relating to streets,
public places, etc. .........
.......187
shall hear board of public works in defense of report..
........182
action on report of board of public works.......
Wsi......183
rules and orders of.........
242-248
order of business of.......
..247
motions and votes........
orders, when suspended, repealed or amended.............
246
members to be sworn; quorum; compensation; powers.....
.............................
.
244
.
14
•
.... 16
.
L
32.
reapportionment of......................
apportioned among wards..
removal of from ward after election shall not disqualify.
charter provisions as to manner of election of.
manner of election...
terms of two years.....
vacancies in, how filled................
elect to meet first Monday in January
........17
may hold other office, when..
..........102
ineligible to certain offices...
.........20, 54, 102
conduct of, during debate....
.245
COMPENSATION
of members of city council. ........
of city officers, charter provisions..
of certain officers, to be fixed by concurrent vote..
board of public works to fix, of temporary clerk..
262
See SALARIES.
CONDUITS
for telephone wires..............
must be relocated when required by changes in sewers
when to be laid, how and when removed.
openings in streets regulated........................
of telephone company may be used by city wires....
CONFERENCE
committee of..........
......237
CONNECTICUT RIVER
river line established..
...69
no structure or filling to be done without license.
use of, for water supply..
...........260
CONSTABLE
appointment and removal of .
......18
may be required to give bond................
city marshal and assistant marshal to be.....
to serve orders as to dilapidated buildings..
CONSTRUCTION
.........52
219
220
220
.220
.221
..71 .
.
INDEX.
295
PAGD
IL
,
· ·
·
·
..
CONTAGIOUS DISEASE
duties of city physician......
.120
duties of health physician....
........136
CONTINGENT FUND
: orders of board on claims may be charged to.............. .........130
CONTRACTS .
of city exceeding $1,000 to be in writing, etc., and not to be altered, except..97
building contracts in excess of $500 to have bond approved by mayor......97
not to be made with person who has broken previous contract...........
with city, officers of city government not to have private interest in.....
city engineer to measure work done under......
....117
copies to be deposited with city clerk and city treasurer................
for city work, to contain provisions for water used by contractors.......
city engineer to make, in certain cases.....
superintendent of streets may make, when.....
made by schoolhouse agent.......
..............126
in behalf of schools, authority divided between city property committee
and school committee........
.........126, 127
made by board of supervisors.... .............................134
for sewers may be made by superintendent......
.........189
CONVENTION
See CITY COUNCIL, CONVENTION OF.
COUNTY COMMISSIONERS
powers of, as to laying out streets, etc.......
......23
powers of, as to North End bridge..
COWS
See ANIMALS.
CROSSWALKS
travel upon, not to be obstructed...............
.199, 232
not to be obstructed by standing teams............................199, 229
CURBING
. See STREETS.
CURFEW ......
. 204-205
..
..............
.........
..
.....
....251
EIS............................
.
.
.
.
.
.
DAMAGES
claims for, to be investigated by board on claims......
to be estimated by park commissioners..
board of public works to estimate.....
for laying out streets, how assessed..
for relocation of streets, etc...........
for laying out streets, etc., to whom paid...
land, etc., taken for streets......
for laying out streets, etc., how estimated.
for taking of sewers, etc., how recovered......
for taking of land, etc., for sewers and drains...
from construction of main sewers......................
............
for land, etc., taken for water supply...... ..........265, 267, 272, 273
caused by defects in streets of Ludlow, due to laying water pipes........ 269
for diversion or malicious use of city water.......
..............263
to clothing of police officers, may be reimbursed........
for removal of dilapidated buildings....
165
.
.
.
187
....................
.93
296
INDEX.
PAGE
..................
.........
.......
......
.................................
.100
.239
.276
.74
DAMAGES, continued.
caused by establishment of building line............
to be borne by telephone company when..............
221
caused by defects in Old Toll bridge, how paid........
.255
caused by defects in North End bridge, how paid.....
. 253
resulting from defects in South End bridge, how paid..
....257, 259
DEATHS
certificate of, executed by city physician.....
.120
list of, to be reported by board of health.
.136
list of, to be reported by city physician........
..119
DEBT
annual statement of...
107.
of city, provisions for sinking funds........
order for, to require a two thirds vote...
provisions for refunding water debt...
DEEDS
given by the city, how executed..
......... .222
DEFINITIONS
"avenue”
...........185
"fire duty” .......
..........95
“for cause” ......
177 -
"lanes and alleys”.....
"long distance telephone wire'
"places and courts”,
.......185 .
“street” .....................
.......51, 132, 187
DEPARTMENTS
appropriations for, not to be exceeded.........
appropriations exhausted, city council to be notified...
not to make expenditures beyond appropriations, unless...,
bills of, to be approved by committee or board...........
heads of, to certify to correctness of bills.......
.......87
to file itemized bills with auditor of claims due on or before tenth of month 88
employees of ash department, how paid.................
...................87
contract work, may be measured by city engineer..
city engineer to furnish plans, specifications, and contracts for ..........116
to apply to water registrar for extension of water service...
See TITLES OF DEPARTMENTS.
DEPUTY CHIEF ENGINEER
See ENGINEERS OF THE FIRE DEPARTMENT.
DILAPIDATED BUILDINGS......
........164
See BUILDINGS.
DISORDERLY CONDUCT
in streets, etc., forbidden............
at fires to be reported to fire commission..
DISTRICT POLICE
may be called upon to inspect dangerous buildings........... ......... 167
DOGS
keeping of regulated: penalty .........
complaints of disturbances caused by.
DOORS
not to swing over streets or sidewalks....
.........201
·
·
·
·
116
... 170
..20
.209
INDEX.
297
PAGE
..171
DRAINS
See SEWERS AND DRAINS, PLUMBING.
DRAY
See TRUCK.
DRINKING FOUNTAINS
annual credit for, to water department.......
DRIVERS
See FIRE DEPARTMENT.
DRIVING
in streets, regulated..
of, trucks, drays, etc., at moderate pace...........
DYNAMITE
transportation of..........
..............232
.........208
...........
....
..
.
..
...
..
..
...
..
...
.
..
..
............................
..........................
EDUCATION
committee on, of whom to consist and how chosen........ .........236
ELECTIONS
charter provisions...............
........15, 16
of members of city council, validity of, how determined. ..... .........17
of city officers...
..........19
of city officers by viva voce vote..........
...19 Note
for county, state, etc., officers, how held....
........25
aldermen and councilmen......
........39, 40
of city officers, on first Monday of February............ .........101
of city officers, after time fixed by ordinance, to be valid..... .......101
warrants for, how issued, signed, served and returned...
of salaried officers by city council......
.........239
committee on....
....... .............241
See CITY COUNCIL; TITLE OF OFFICER.
ELEVATORS
See BUILDINGS.
EMERGENCY EXPENSES
of overseers of the poor.......
of superintendent of schools....
.............125
of board of health ......
of fire commissioners..
146
of police department...
EMPLOYEES
of city, eight hours to be day's work..
.79
weekly, paid upon approval of certain officers...
...............87
ENGINEER, CITY
to have charge of engineering department.
appointment, term of office, removal......
salary of.........
to have charge of plans of streets, etc.......
115
plans made by, to remain property of city.
115
duties of...........
may employ assistants and procure materials
.........116
duties as to numbering streets.............
....117, 118
to report annually in December....
.........118
to make plans for board of public works..
........,132
:..........................................
104
136
177
.
...................
......................
.
115
.........
...116
298
INDEX.
........92
95
...........................
162
ENGINEER, CITY, continued.
PAGE
to be clerk of board of public works........
.........132
to be a member of board of survey ........
.......166
powers and duties as to construction of new streets on private lands.. 183-185
to take measurements of sewer connections, when notified....
to inform superintendent of sewers as to grades....
........191
to make and keep plans of common sewers and entries.....
191
assistant city engineers, salary of....
ENGINEERING DEPARTMENT........
.......115-118
to be in charge of city engineer.........
.................115
reports of city engineer....
........117, 118
assistants in, compensation, etc.........
..........116
ENGINEERS OF THE FIRE DEPARTMENT
to have authority of fire wards....
.....33, 34
board of engineers, meetings, quorum, rules, nominations... ....147, 148
excuses, to pass upon sufficiency of....
.............94
chief engineer, how chosen, tenure of office, vacancies.... ...146, 147
charter provisions .......
.....19, 33
salary of .............
...:.19, 93
absence or disability of, pay, how apportioned.
.....94
salary of, during absence or disability...
absence or inability of.........
.148
injuries of, as affecting compensation...
general duties of...
, 149
to be member of board of survey.........
166
ineligible as inspector of buildings......
to approve payment of permanent men....
claims for pay, to approve.............
report of ....
to preside over board of engineers........
147
to report violations of building ordinance..
may order changes in buildings, etc.; penalty...
to make nominations, when...
may suspend member for neglect of duty, etc...
to approve rolls......
may order apparatus to neighboring town or city, when
duties as to application for pensions.........
to cause fire alarm to be sounded at 9.30 p. m...
deputy chief engineer, how chosen, tenure of office, vacancies.
to perform duties of chief engineer, when....
salary of ..........................................
salary of during absence or disability......
absence or disability of, pay how apportioned
injuries of, as affecting compensation..
to make nominations, when........
may suspend in certain cases...........
to approve payment of permanent men.
.87
.152
• 146, 147
94
149
ineligible as inspector of buildings......
assistant engineers, charter provisions.....
salary of ....................................................19, 93
how chosen, tenure of office, vacancies and rank................146, 147
performing duties of chief or deputy chief, to have their pay.........95
to report disorderly conduct at fires.........
..........151
''..19, 33
INDEX.
299
PAGE
.247
ENGINEMEN
See FIRE DEPARTMENT, MEMBERS OF.
ENROLLMENT
duties of clerk of common council as to...
238
committee on......
.241
committee of, in .common council...
ESTIMATES
See APPROPRIATIONS, BOARD OF PUBLIC WORKS, COMMITTEES.
EXHIBITION LICENSES
committee on, may grant licenses, when...........
.234
" may order firemen and policemen at theaters, etc...................235
EXPENDITURES
city council to see that none are made unless granted.
report of, to be published annually....:......
not to be made by any department beyond appropriations.
treasurer to report to city council, when....
committee on finance to report annually..
auditor to make annual report of......
of superintendent of streets....
of superintendent of schools..
restrictions on schoolhouse agent..............
order authorizing, to have two readings on different days..
restrictions on committees. See TITLE OF COMMITTEES.
EXPLOSIVES
transportation of, regulated.........
.........208
EXPRESS WAGONS
licenses, what to include...........
....138
.........197-198
..240
star
FARE
rates of, to be posted inside hackney carriages; rates and limits of, fixed. .229
FEES
received by members of police department, to be accounted for..........178
See LICENSES.
FENCES
in streets, not to be injured..........
...........200
FILTH
rules of board of health as to.....
.....136
not to be placed in streets, etc......
.....197
See NIGHT SOIL.
FINANCE COMMITTEE
of whom to consist and how chosen....
....106, 236
general powers and duties.....
.... 106, 107
unpaid claims due city, treatment of..
..88, 89
to present estimates to city council.........
........106
other committees to furnish estimates to, of money needed..........106, 125
duties of, as to accounts and securities of treasurer, etc...................107
to report annually, receipts, expenditures, city property and city debt....107
may prescribe form of auditor's accounts. .....
estimate of police department. ...
109
....................................
174
300
INDEX
•
•
•
•
...
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•
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...............................
........
.
...
............
...
...
...............................
FINES
PAGE
to be recovered before police court.......
24
to be paid to city treasurer.....
.24
payment of, how enforced....
to be accounted for by justice of police court........
incurred not affected by repeal of ordinance.......
...........225
See PENALTIES.
FIREARMS
not to be discharged in streets, etc.........
..........200
FIRE ALARM
to be sounded at 9.30 p. m...................
............204
FIRE ALARM TELEGRAPH
regulation of, by fire commission......
..........145
not to be injured or defaced; penalty.....
...........153
wires may be placed in telephone conduits.............. ...........221
superintendent of, how chosen, tenure of office, vacancies, rank......146, 147
salary of........
..........93
to be supervisor of wires.............
.........151
to have charge of police signal telegraph...,
.178
to have access to telephone conduits.......
..........221
FIRE DEPARTMENT
IN GENERAL.
charter provisions...............
.....................26
as established under Acts of 1853.
general alarms to be answered by members during three days’ vacation....94
"fire duty" defined....................
............95
in general
...........143-153
estimates of......
.........145
to be under general control of fire commission
....145
rules of............................
..145
report of.........
145
credit of, not to be exceeded.
145
of whom to consist..
146
rolls .........................
apparatus not to be taken from city, except..
investigation of suspensions.
suspended persons, may appeal. .......
streets barricaded by, to be kept clear..
disorderly conduct at fires..
151
pensions of firemen, act acceptód.......
in fire department....
151-153
members incapacitated, to be examined by city physician
...120
examination of members for.......
......152
to be paid from appropriation......
.................................153
committee on, of whom to consist and how chosen..................106, 236
member of board of fire commissioners.....
..........144
FIRE COMMISSIONERS, BOARD OF.
authorized by statute........
chosen by city council, to serve without compensation..
of whom to consist, appointment, removal from city, vacancies..
to notify mayor of vacancy existing .............
............144
general powers and duties.
estimates, accounts, report......
........145
.............
...
.........
...
.
.150
.150
.........................
.149
151
Pal.............................
...................................
..79
.....................
.........
...................................
................................
auUDUITZEN DY Sud uute.................................................00
.................
...144
....................................145
INDEX.
301
.144
145
95
93
94
93
52
49
96
...149
157
.......
235
FIRE DEPARTMENT, continued.
PAGE
to choose chairman and secretary........
. 144
chairman of fire commission, appointment, tenure of office.....
secretary of fire commission......
.145
powers to sell and purchase property for less than $1,000......
to approve bills......
146
to have emergency.fund of $200....
146
may order compensation paid to chief or deputy chief, while disabled...
discretion as to salary of first assistant call engineer.
may grant vacations with pay........
to fix salaries of captains............
powers as to pay of call members. .
claims for pay, to approve..................
may fix pensions......
may change pensions, after a hearing........
powers in choosing captains, lieutenants, and clerks....
may appoint and fix compensation of extra call men...
may suspend, remove or discharge any officer or member of department... 149
to investigate appeals by persons suspended. ..........
to approve rules of board of engineers.
..........147, 148
chairman may order apparatus to neighboring town or city..
may detail firemen at theaters, etc.....
.....235
may require fire apparatus in theaters, etc.
OFFICERS AND MEMBERS.
officers, authority of.................................
...................33
members of, how appointed...
.............33
members of, how chosen, number of, to be fixed by city council. ....146, 147
members of, may be suspended, removed or discharged by fire commis-
sioners ..............
members of, age, residence, occupation........
candidates to be examined by city physician...
.120
members of, neglect of duty, how punished........
companies to have captain, lieutenant, and clerk...
............149
nominations ...
..................149
officers of, may be suspended, removed or discharged by fire commissioners 149
suspension of officers and members......
.........149
removal of officers and members.....
49
discharge of officers and members.........
149
officers of, neglect of duty, how punished....
...149
captains, how chosen.....
49
captains, duties of, as to rolls...........
captains, to disburse pay to members.
50
captain, may excuse members..
lieutenant ...................................
lieutenants, how chosen..
149
clerks, how chosen, duties and tenure of office...
49
clerks, duties of, as to rolls.......
members to answer general alarms during three days' vacation
.94
members absent without excuse to pay penalty......
composition of companies, how fixed...
quarterly pay rolls to be approved ........
....146
extra call men, appointment and compensation...
running members..
.............149
...150
...149
150
94
..93
...........
94
96
150
302
INDE
PAGE
To. 5................
................................
............................
.151
FIRE DEPARTMENT, continued.
Salaries and Vacations
engineers ...
.94
captains .....
, 94
call captains..
drivers
enginemen ...
hydrantmen
laddermen
linemen ......
tillermen ....
call members......
running members.......
salary of members of Hose Co. No. 5.
salaries in, how fixed...
permanent men, how paid...
salaries of members...
members may have two weeks' vacation with pay..
members of, disabled, to have full pay, when....
claims for pay to be made within three days from injury......
claims for pay to be approved by commissioners and chief engineer....95
compensation of extra call men....
..........96
compensation of members not serving between pay days, to be forfeited 96
members of, how paid........
.............150
pay to be fixed by city council.
FIRE DISTRICT
act authorizing cities to regulate construction of buildings..
courts may restrain unlawful construction of buildings within........52, 167
bounded ........
..................154
storage of rags and waste paper in.......
...214
See BUILDINGS.
FIRE DISTRICTS
of town of Springfield .....
.............26, 27
may be established ................................................37, 41
FIRE ESCAPES
upon schoolhouses...
..........167
See BUILDINGS.
FIRE HYDRANTS
annual charge for.
..........171
FIRES
extinguishment of.........
rules as to construction of buildings. ......
duties of police department as to.........
178
FIRE WOOD
survey, inspection and sale of.....
.........23
not to reřain over night in streets, etc....
wagons for sale of, where may stand. ...
persons selling from team on street must have load measured .......... ..199
not to be sawed or piled on sidewalk or street..
FIREWORKS
not to be discharged in streets, without license.......
.200
•33
.....197
.....198
INDEX.
303
PAGE
. 103
121
FISCAL YEAR
to end December tenth........
FISH
not to be taken from water supply reservoir without permission.........268
FLAGS
suspended over sidewalks.............
..........196
FOOTWALKS
travel upon, not to be obstructed....
“FOR CAUSE” defined ....................................................177
FORESTER
appointment, tenure of office, duties..
salary of............
removal from office.....
to act under board of supervisors....
to approve payment of employees in forestry department...
may order electric fixtures removed from trees; penalty.
FORFEITURES
to be recovered before police court.....
to be paid to city treasurer......
...............24
city relieved from...
See PENALTIES.
FRUIT
wagons for sale of, where may stand. ........
.........198
FUEL
not to remain over night in streets.........
See FIRE Wood.
FULMINATES
transportation of.........
..........208
FURNITURE
second-hand
..........212
197
CU
Sew
ers............................................
.........220
GAMES
of chance, not to be played in streets........
.........200
in streets, regulated ................
....202
GARBAGE
powers of board of health. ..........
.......136
GAS PIPES
not to obstruct sewers.....
..........190
not to be disturbed by telephone company..
GATES
not to be allowed to swing over streets or sidewalks...................201
GOATS
See ANIMALS.
GRADE
of sewers, streets, etc. See STREETS, SEWERS, and ENGINEER, CITY.
GUIDEPOSTS
in streets, not to be injured........
.........200
GUNCOTTON
transportation of............................
208
GUNPOWDER
transportation of.........
........208
304
INDEX.
.
...........
35
35
36
136
36
ΕΙ
HACKNEY CARRIAGES
PAGE
rules and orders as to: to be numbered, and licensed...... .....228
to stand where ordered by mayor, etc...
......229
not to obstruct streets..
.229
drivers to wear badges........
......229
rates of fare..
......229-231
to convey baggage, when..
...........
..........231
persons other than driver, etc., not to solicit passengers...
HALLS
entrance to, not to be obstructed by loiterers............ ...........202
HANDBILLS
not to be placed in streets, etc...................... ..........197
HAY
wagons for sale of, where may stand.........
HEALTH, BOARD OF
charter provisions............
election, qualifications, tenure of office, vacancies, and removal.........
of whom to consist; powers and duties.
report of........
inspectors of.....
may appoint agent and inspectors..
........136
rules of....
136, 138, 139
to choose chairman....
..........136
health physician to be clerk of
salary of clerk.......
......91
plumbing rules.
records of...................
may supervise plumbing.......
powers as to privy vaults....
may command city physician in case of contagious disease...
applications to, for certain services...
to record certain licenses.....
139
to regulate keeping of swine..............
to make rules for plumbing, issue permits...
141
may revoke plumbing licenses...
powers of, as to dilapidated buildings...........
may order landowner to connect with public sewer: notice: penalty...... 192
agent of.........
..........136
compensation of.........
...............91, 136
to approve payment of employees of scavenger and ash departments. .87
See HEALTH PHYSICIAN.
HEALTH PHYSICIAN
duties of........
..........136
compensation of....
.............91, 136
See HEALTH, BOARD OF.
HIGHWAY DEPARTMENT
employees of, how paid.........
........
HIGHWAYS
city council may alter or discontinue.............
provisions as to streets to apply to...........
See STREETS.
............................................
140
....142
.....165
.............35
INDEX.
305
PAGE
Race..............................33
.........201
........197
HOOK AND LADDER..
See FIRE DEPARTMENT.
HORNS
not to be blown in streets without license.................
HORSES
speed in streets not to exceed eight miles per hour.........
See ANIMALS.
HOSEMEN
See FIRE DEPARTMENT.
HOSPITAL, CITY
appropriations may be made for.......
HOTELS
entrance to, not to be obstructed by loiterers......
See BUILDINGS.
HOUSE DIRT
not to be placed in streets, etc............. ........
HYDRANTMEN
See FIRE DEPARTMENT.
.........37
.........197
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t
t
ICE
to be removed from sidewalks........
not to be put in streets unless spread evenly.....
upon sidewalks to be removed or sanded .........
INDECENT EXPOSURE
from streets, etc., prohibited.....
........201
INDECENT LANGUAGE .
in streets, forbidden........
..........201
INFECTIOUS DISEASES
See CONTAGIOUS DISEASES.
INJUNCTIONS
to prevent illegal erection or use of buildings........ ..........52, 167
INN HOLDERS
licenses of.........
................19
INSANE PERSONS
to be attended by city physician........
INSPECTION
of lumber, coal, wood, bark, ordinances may provide for.......
of buildings by district police........
INSPECTOR OF ANIMALS. See ANIMALS.
INSPECTOR OF BUILDINGS. See BUILDINGS, INSPECTOR OF.
INSPECTOR OF COAL. SEE COAL, INSPECTOR OF......
INSPECTOR OF MEATS. See MEATS, INSPECTOR OF.
INSPECTOR OF MILK. See MILK, INSPECTOR OF.
INSPECTOR OF POLICE. See POLICE DEPARTMENT.
INTEREST
· upon unpaid taxes.
.........99
IRON RINGS
not to be affixed to lamp-posts in streets .......
....
............
..
.........
.....
.
..............217
.........
306.
INDEX.
J
.238
............238
JABISH BROOK -
PAGE
water supply from......
.271
JANITORS
of schoolhouses, employment and compensation of....... ........
.........127
JOINT RESOLUTIONS
readings and passage of..........
JOINT STANDING COMMITTEES
See COMMITTEES.
JUNK
collectors of, to be licensed, provisions.....
..........213
to carry badge; hours; not to enter building without permission....213
bags, vehicles, etc., of may be examined; information to be given....214
to give information to police, etc.; rags, etc., how stored in fire
district ................
dealers in; licenses; records; inspection; report.
not to receive from minors.......
to keep trace of certain articles....
sign; inspection; hours; licenses; penalty.
rags, etc.; how stored in fire district.......
214
JURORS, LIST OF .......
.
...
..
..
.
12
212
212
...22
K
KITE FLYING
in streets, régulated.......
........202
L
... . . . . . . . . . ...187
LABOR
residents to have preference........
.........98
LADDERMEN
See FIRE DEPARTMENT.
LAMP-POSTS
in streets not to be injured or defaced by advertising matter, etc.........200
LAMPS
in streets, not to be lighted or extinguished without permission.........200
LANES
provisions as to streets to apply to........
See STREET.
“LANES AND ALLEYS”
defined ...........
........185
LANTERNS
in streets, not to be injured.........
............
LAYING OUT STREETS, SIDEWALKS, SEWERS, ETC.
See STREETS, SIDEWALKS, SEWERS, PUBLIC WORKS, BOARD OF.
LEASES
given by the city, how executed....
.......222
LEGISLATURE
may amend charter...................
........32
See ACTS OF THE LEGISLATURE. .
INDEX.
307
PAGE
.
I
.
.
.
140
.
42
.
LIBRARY
See CITY LIBRARY ASSOCIATION.
LICENSES
mayor and aldermen to have exclusive power, etc., in certain cases........19
forfeiture of......
for filling, etc. in Connecticut river ..........
for trucks, etc., to include removal of ashes...
to remove night soil, dead animals, etc...
to remove ashes, etc., form of......
for keeping of swine...........
for plumbing, may be revoked by board of health
to dig up and occupy streets, etc.....
for express wagons, etc.................
to move buildings through streets....
for fireworks and bonfires in streets..
for use of bells, horns, etc., in streets....
for sprinkling streets............
to place metal coverings in sidewalks; terms; revocation....
for dealers in junk, old metals and second-hand articles
..211
for dealers in junk, etc...............................
to rag pickers, junk collectors, etc., revocation: record: expiration..
to boot blacks: general provisions.....
to dealers in coal and coke; term: fee..........
.
198
.
190
.
200
.
201
.
33
..234
.......
for trucks, drays, etc., conditions, expiration, transfer; fee...
for street musicians; expiration; fee...
for street musicians, may include several persons.
fee for, public amusements, theatrical exhibitions, circuses, etc... .......
LIEN
assessment under acts of 1866, ch. 174, for altering, etc., streets to be a 49, 50
upon land, of costs of removing unsafe structures.....................166
of sidewalk assessments....
LIEUTENANT
See POLICE DEPARTMENT.
LIGHTING STREETS
committee on, of whom to consist and how chosen .... .........106, 236
to report estimates annually to finance committee.................106
LIGHTS
to be placed around obstructions in streets ................ .........196
to be kept over fuel, etc., left in streets after twilight........ ..........197
in streets, not to be lighted or extinguished without permission..........200
LOITERING
in streets, forbidden.
LONGMEADOW
part of, annexed .................
.........66-68
LUDLOW
duties of Springfield in laying water mains in......... ...........269
water to be supplied to, free, for certain purposes.................. 269, 270
See WATER SUPPLY.
LUMBER
survey and sale of.........
not to be deposited in streets without license.......... ..........195
308
INDEX.
.134
176
..92
.
.
.....
. 179
.
87
.
185
.
.
198
M
MACADAMIZING .
PAGE
board of supervisors may contract for.
MANHOLES
for telephone conduits...............
..219
may be opened without permit..
.220
MANURE
disposal of.......
...............123
not to be removed from streets without authority
MARSHAL, CITY
appointment, and removal of.....
18, 175
may be required to give bond......
to give bond of $2000..........
salary of.....
absence from duty with full pay......
to act as constable........
...........175
powers and duties...............................................176, 177
to have $200 for emergency expenses....
.........177
to approve absence from duty of members of police department.
.........93
may appoint and remove lieutenant.
...175
may appoint and remove sergeants....
...175
may detail and remove inspectors.........
176
may assign duty to reserve police..
may serve notices for board of public works.
may serve sidewalk notices......
to assign stands for wagons selling provisions, etc..
to assign stands for public carriages..............
198
may order loiterers in streets to move on...
.201
may order loiterers away from certain buildings......
duties of, enforcing chapter 37 (injurious practices in streets)
to control transportation of explosives in streets........
to order certain dogs to be removed...............
.209
dealers in junk, etc., records, inspection: report.......
........ .211
may examine bags, etc., of rag pickers, etc.; may receive information, etc. .214
reports to, of inspector of coal............
.218
service of warrants for general meetings.......
to approve posters, when......
.235
may license boot blacks; application: revocation: record........ ....215
to record licenses for hackney carriages etc., transfers.....
to keep record of licenses of trucks, drays, etc., and of transfers..... 232
.
.
.202
.
.
.205
208
.
.
.
.222
...........
228
. 233
to license street musicians, and furnish tag and copy of rules......,
MARSHAL, ASSISTANT
appointment and removal of......
annual election....................
powers and duties..
to have powers and duties of constables
salary of................
to give bond of $1500...
to act as constable........
may serve notices for board of public works .......
may serve sidewalk notices...
may assign stands for wagons selling provisions, etc.........
198
duties in enforcing chapter 37 (injurious practices in streets)..
...205
INDEX.
309
...........16
MARSHAL, ASSISTANT, continued.
PAGE
rag pickers, etc., inspection of bags, etc., and examination: report......214
service of warrants for general meetings....
..........223
MASTER OF ALMSHOUSE. See ALMSHOUSE, MASTER OF.
MATERIALS
officers of city not to furnish in private capacity........ ...........97
MAYOR
CHARTER AND SPECIAL STATUTES.
to be principal executive and administrative officer... .........14,
charter provisions as to manner of election........
tenure of office.......
to be notified of election by aldermen..............
absence of, aldermen to choose presiding officer ......
..........17
in case of decease, resignation, absence or physical inability of, acting
mayor to be chosen .......
..........17
vacancy in office of .........
17, & Note
when no election..
oaths administered to...........
may administer oaths to members of city council...
duties of.....................................
salary of; not to be changed during term....
may remove officers..............................
may call special meetings of city council....
to preside in board of aldermen and in convention ...
information and recommendations to city council
to have casting vote.......
to cause laws and ordinances to be enforced
.....1
as commissioner of highways...
veto power of.....
nominations by.........
to be chairman of overseers of the poor .........
to certify dissolution of school districts.....
to be ex officio member of board of water commissioners.
may appoint board of park commissioners. .............
ex officio member and chairman of school committee. ....
to designate officer to enforce law against smoke nuisance.
GENERAL PROVISIONS.
to draw orders on the treasurer.....
..............86
absence or inability of.................
........86, 87
not to draw orders on treasury beyond appropriation for each department..86
to be notified when appropriation for any department is exhausted........86
to approve payment of weekly employees ...... ........................87
may draw orders upon city treasurer for certain payments, within ap-
propriations ..................................................
salary of, not to be changed during term .......................
to approve amount and sureties on certain building contracts...
contracts in excess of one thousand dollars, to be signed by......
may hold other office, when..
102
no election, warrants for new election...
102
no election of, president of aldermen to perform duties .......
102
to be member of finance committee....
notices, etc., issued by, to be served by city messenger..
.112
may require city engineer to measure work done by contract............116
....106
310
INDEX.
136
162
.175
179
222
.237
. 108
MAYOR, continued.
PAGE
may request city physician to examine persons injured, when city may
be liable....................
.........120
to be member of committees on finance, and on printing............106, 236
may inspect accounts of schoolhouse agent......
........127
to be member of board on claims.......
.......130
to be member of board of supervisors..
.134
may require services of health physician..........
duties of, in respect to violations of building ordinance.
may provide fire escapes for schoolhouses, when
167
to be member and chairman of police commission.
172
to approve bills of police department.........
may assign duty to reserve police......
may order loiterers in streets to move on.....
201
may order loiterers away from certain buildings...
.202
to approve certain bonds....
204
to approve sureties on bond of telephone company....
to sign, seal and acknowledge deeds, etc., in behalf of city.
222
may assign or discharge mortgages..........
may sign warrants for city meetings in absence of clerk..
may order hackney carriages where to stand...
229
ex officio chairman of joint committees
APPOINTMENTS, REMOVALS, ETC.
to appoint city auditor .......
may appoint auditor pro tempore....
may remove city physician..
to appoint city physician..
to appoint and remove city forester ......
.....121
may remove member of board of health.
to appoint fire commissioners..............
to appoint members of police commission......
to appoint inspector of coal.....
.218
to appoint all committees of board of aldermen...
See MAYOR AND ALDERMEN, ACTING MAYOR.
MAYOR AND ALDERMEN
CHARTER AND SPECIAL STATUTES.
charter provisions for election of.
to issue warrants for meetings of citizens..
to notify aldermen of election.......
shall record failure to elect mayor..
executive powers of city vested in....
to have powers of selectmen.......
powers as to licenses..
sittings to be public. ................... ....... ................
appointments by, to be made on nominations of mayor
powers and duties as to jury list...
charter powers as to streets and ways........
to compare election returns.........
........ 25
duties as to list of voters. ..........
to warn general meetings of citizens upon request.....
may appoint enginemen, hoseinen, and hook and ladder men.........
sewers and drains, may vote to appropriate..................
135
.241
1
INDEX.
311
PAGD
.......
102
106
..165
165
166
....168
MAYOR AND ALDERMEN, continued.
not to act upon streets, sidewalks or sewers without recommendation
of board of public works........
to appoint a building commissioner........
buildings, powers as to.............
to be board of appeal, in cases of removal of wires........
powers of as to police department transferred to city council...
not elected, warrants for new election...
GENERAL PROVISIONS.
to issue warrants for elections to fill vacancies in city offices.
to appoint committee on sewers and drains.....,
may require plans, etc., from city engineer ......
may order a street renumbered...
may assess expense of numbering buildings....
to designate inspector of buildings.
powers as to dilapidated buildings...
may designate inspector of buildings........
powers to remove certain dilapidated, etc., buildings
may choose member of board of survey..
may order immediate removal of unsafe buildings...
166
may request district police to inspect buildings.....
167
may permit firing of artillery ........
to approve bond of collector of taxes.......
169
to approve bonds of marshal and assistant marshal...
176
commands of, to be obeyed by city marshal...
action upon petitions for changes in streets........
may designate police officer to serve notices for board of public works....181
shall hear board of public works in defense of report........ .........182
action upon betterment cases. .......
.........183
may refer to board of public works any matter relating to streets,
public places, etc..............................................187
powers of, as to sewers and drains......
sewers and drains, general authority, to receive report..............189, 190
to prescribe materials and dimensions of common sewers. ...........
may order landowner to connect with public sewer; notice; penalty......192
to issue permits for sewer entrances.........
..............193
to adopt rules and regulations for sewers and drains.....
awnings, powers as to.....
..............196
may permit and regulate suspension of articles over streets and sidewalks 196
may assign stands for express wagons, etc..........
.......198
permission of, to light or extinguish city lamps........
.200
authority of, as to trees in the streets...
may examine shops of dealers in junk, etc...........
.212
may authorize underground wires and distributing poles.
may order changes in telephone conduits, poles, etc.
may revoke authority given to telephone company, when.....
may require new bond from telephone company, when..
221
notice of general meetings of citizens.....
rules and orders as to hackney carriages.
may inspect places of public amusement.........
177
.........181
181
.200
219
.221
221
..........................
235
LICENSES.
to remove night soil, etc.......
to remove ashes, etc.................................................
138
312
INDEX.
........198
.
.
• 198
.
.
.
.210
136
......137
MAYOR AND ALDERMEN, continued.
PAGE
for public carriages......
express wagons, etc...................
fireworks and bonfires in streets......
200
use of bells, horns, etc., in streets.....
.201
for street sprinkling, record, revocation.
.203
pawnbrokers
dealers in junk, etc., and inspect their records
.211
to rag pickers, junk collectors, etc......
.213
to drive hackney carriages, etc....
.228
for trucks, drays, etc...........
...231
for public amusements.....
.234
See ALDERMEN, BOARD OF; MAYOR and CITY COUNCIL.
MEATS AND PROVISIONS
inspector of......
salary of ....
...91
MEATS, PROVISIONS AND ANIMALS
inspector of......
compensation of.........
MEETINGS
to vote upon park laws, how held.........
.........60
of committees, to be notified by city messenger.
...112.
of citizens, how called, etc..........
......... 223
MEETINGS OF CITIZENS
charter provisions.....
......25, 26
MERCHANDISE
suspended or displayed in sidewalks or streets.............. .........196
MESSENGER, CITY
election, term of office, duties
....112, 113
salary of..
..................................................90
fees ...............................
..................113
may have assistance, when...
...........113
messages transmitted between boards of city council by, to be written....237
MILK AND VINEGAR
inspector of.....
compensation of....
.....................................91, 137
entire time to be given..
............91
MINOR
rag pickers and junk collectors not to deal with ........... ...........213
MINORS
pawnbrokers not to receive articles from....
...210
dealers in junk, old metals and second-hand articles, not to purchase from 212
licenses to, as boot blacks..
.......215
MISSILES
not to be thrown or projected in or into streets............
...............202
. MONEY
of city, bonds to be required of persons entrusted with....... ..........19
not to be taken from treasury unless granted or appropriated........19
how and when drawn from treasury, restrictions.............86, 87, 130
not to be drawn from treasury without mayor's order................86
MORTGAGES
duties of assistant city clerk..
how discharged or assigned............
........222
...........137.
....114
INDEX.
313
PAGE
MOTIONS. . See RULES AND ORDERS.
MULES. See ANIMALS.
MUNICIPAL REGISTER
published annually by city council.......
to include annual report of board of water commissioners................55
MUSICIANS. See STREET MUSICIANS.
19
.197
........105
U
139
.201
...........237
...........
CT
......en
.
.
NAILS
not to be thrown in streets..
NEGLECTED CHILDREN.......
NIGHT SOIL
licenses to remove. ........
138
not to be transported through streets, when.....
restriction as to carrying through streets.......
NITRO-GLYCERINE
transportation of............
............208
NOISES
certain, in streets, regulated..
NOMINATIONS
mayor has exclusive power............................................20
NON-CONCURRENCE
of boards in city council, proceedings upon............
NON-RESIDENTS
NORTH END BRIDGE. See BRIDGES.
NOTES
of city, how paid...............
.........87
NOTICES
in case of laying out streets, sidewalks, sewers, etc...........
messenger to serve....
to mayor, by city engineer, of encroachments on streets.....:
of violation of building ordinances.........
162
to owner, of violation of building ordinances.
of dilapidated building.......
of unsafe buildings.........................
to non-resident owners of unsafe buildings..............
of hearing by board of public works, how served ......
of hearing on damages caused by laying out streets, etc.......
to landowners, of construction of sidewalks, how served, etc...
of construction of sidewalks, how served, returned, etc.....
186
to owner of underground pipes, to remove same..
190
to landowner, to connect with public sewer...
requiring protection against snow slides ......
.206
of general meeting of citizens...
NUISANCES
certain buildings, to be.....
may be.......
privy vault may be...........
smoke nuisance regulated........
powers of board of health...
creation of, upon private premises...
certain buildings may be. ...........
.
•117
.
162
.
164
.
165
.
167
.
181
.
.
.
192
.
224
.
.
.
.
.
.
.
.
...164
314
INDEX.
PAGD
NUISANCES, continued.
buildings which àre, may be enjoined. .......
in streets to be investigated by city marshal...
· NUMBERING STREETS
record to be kept by city engineer ........
..............167
........
...263
..101
101
..............
101
................
. 102
12
.97
...........211
.213
OATHS
of city officers, when and by whom administered....... .........10, 17
OCCUPANT
of tenement, when liable for water rent...........
OFFICERS, CITY
charter provisions as to election of: tenure of office.
5, 16
election of by city council on first Monday of February..........
manner of election by city council. ......
election of, by city council, to be by viva voce vote..
239
election of, after time fixed by ordinance, to be valid......
terms of office........
removal from one ward to another not to disqualify......
vacancies, how filled ..........
not to have private interest in city contract....
hiring labor, to give preference to residents.....
city officer, not to be fire commissioner.
........ 144
See TITLES OF OFFICERS.
OFFICERS, ELECTION
salary of, to be fixed by order of city council......... .........91
OLD METALS
dealers in; licenses; records; inspection; report.....
collectors of, to be licensed, provisions......
OMNIBUSES
rules and Orders as to.....
........ 228-231
ORDERS
for payment of money from treasury, how drawn.......................86
drawn by mayor upon city treasurer within appropriations..............87
authorizing penalties or expenditures to have two readings on differ-
ent days............
.........240, 248
for printing may have two readings on same day....... ..........241, 248
as to dilapidated buildings, procedure...
....164, 165
on treasurer. See TREASURER.
See RULES AND ORDERS.
ORDINANCES
table showing disposition of Revised Ordinances of 1890..
table showing disposition of Ordinances passed 1898-1904....
charter provisions, penalties, etc.........
to be enforced by mayor..............
to be published...
need not be set forth in complaint..........
may regulate construction of buildings.....
may prescribe mode of collecting water rents, etc....
may regulate business of plumbing.............
may regulate board of fire commissioners...........
designating officer to place wires underground.....
........7
......
5
INDEX.
315
...77
...
..
.
...
..
..
.
.......................
..................................................
..................
..............
..........
....
.225
.241
................................
20
......... 19
........................
........................
ORDINANCES, continued.
PAGE
may regulate police department.......
provisions of, as to time of election to be directory......... .....101
duties of board of public works may be prescribed by.
compensation of board of public works......
violation of, as to buildings, may be enjoined. ......
violation of, how prosecuted..
177
how engrossed, and published.
224
enacting style......
224
when to take effect....
224
certain, repealed.................
.225
repealed, effect of...
readings and reference to committee..
............238
method and stages of passage of..........
...............239, 247
passage of, not to have more than one reading on same day.
240
committee on........
committee on, in common council..
...247
OUTCRY, BOISTEROUS
not to be uttered in streets without license. .......
...........201
OVERSEERS OF THE POOR
to be elected annually by city council. ......
election and tenure of office............
compensation of, to be fixed by city council.
powers and duties of.......
city physician to be member of board, and to be sworn
to serve without compensation..
salary of clerk or agent..................
meetings of................
accounts and claims to be approved, when.
master of almshouse elected by, annually.........
emergency fund, how paid, used and returned...
104
annual report....
OWNERS
of buildings, to affix numbers.........
of buildings, failure of to affix numbers. ,
of premises, to pay for removal of night soil, etc...
....138
of dilapidated building, may appeal from order....
of unsafe buildings to be notified.....
of building ordered removed, etc., may appeal............
of building, declared unsafe, to secure same at once; penalty...
non-resident, of unsafe buildings, how notified...
to have notice of proposed changes in streets....
. . 181
of land, may be required to connect with public sewer, when; penalty....192
of certain buildings, may order loiterers away..........
...............202
to remove snow from sidewalk in front of premises . .
of buildings may be required to place guards against snow slides ........206
of premises, when liable for water rents.....
See ABUTTERS.
OXEN. See ANIMALS.
.
.
..........................
.
...............
.........
. 104
......................
..104
.117
118
.......203
..........263
P.
PAMPHLETS
not to be placed in streets, etc.....
........197
316
INDEX.
PAGD
.......56-61
.......................
PAPER
collectors of, to be licensed, provisions..
.213
PARK COMMISSIONERS, BOARD OF
tenure of office, qualifications..........
vacancies, how filled..................
members of, how removed ............
members to serve without compensation.........
.........
to have power to locate parks, take lands, make rules, employ offices, etc...
money not to be expended until appropriated by city council. .....
to file in registry, a description of land taken......
damages to be estimated by........
may assess betterments........
to report receipts, expenditures, etc., annually to city council.
to construct a park road from Long Hill street to Stickney road.......
chairman of, to approve payment of employees...
PARKS
statutory provisions.....................
to be laid out by park commissioners....
........57
shall belong to city.......................
fee of land, taken for, to be in city....
land taken for, description to be recorded...
how paid for .....
gifts and bequests for, may be accepted..
city may appropriate money for..........
“Public Park Loan”.....
buildings not allowed upon..............
no street or railroad to cross, except with consent of commis
military encampment upon, not allowed.......
...........59
statute to be accepted by voters................
statute accepted ..............
...61 Note
park road through Forest Park established..
........67, 68 - .
questions may be referred to board of public works
.....187
use of air pipes, pop guns, etc., prohibited..........
.202
superintendent of, to approve payment of employees.
police, to be appointed by park commissioners. ......
department, employees of, how paid..........
See STREETS.
PARLIAMENTARY RULES. See RULES AND ORDERS.
PARTY WALLS. See BUILDINGS.
PASSAGEWAYS
how designated by names.....
..........185
PAUPER DEPARTMENT
committee on, of whom to consist and how chosen ..................106, 236
committee to report estimates annually to finance committee............106
See OVERSEERS OF THE POOR.
PAUPERS
may be vaccinated........
.........120 .
PAVING
board of supervisors may contract for..
annual report of ....................................................123
PAWNBROKERS
to be licensed; regulations; penalty.....
........210
I'S....
..60
..87
.....57
..87
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
IO
T
INDEX.
317
.
.
.
.
LAL225
.
.
.
.....94
.
.
.
139
.
.
.
..........................
.190
.
.
ewers..................................
.205
.............
.268
PAYMENT
PAGE
of claims against the city........
...........86
PENALTIES
for breach of by-laws................
to be recovered before police court......
to be paid to city treasurer.............
may be affixed by park commissioners. ........
not affected by repeal of ordinance........
order imposing, to have two readings on different days.....
for smoke nuisance................
absent members of fire department.......
for attaching electric fixtures to trees...
truant children ...
night soil, dead animals, ashes, etc.....
for neglect to remove combustible materials. ......
for neglect to make alterations in buildings, when ordered.
for failure to remove unsafe building..........
166
for opening streets or sewers, without authority..
for failure to connect with sewer after notice........
for exhausting steam into sewers..,
.............193
for injurious practices in streets, prosecutions must be within six
months after offense......................
for failure to make alterations to prevent snow slides
for diversion or malicious injury to city water supply.....
.263
for fishing or boating in water supply reservoirs..
for violation of building ordinances..
.........+1, 163
of building laws........
...............52
of plumbing ordinance.......
......63, 142
of rules as to street numbering........
of swine ordinance...................
.140
of provisions of chapter on fire department.
of rules of water department...........
of ordinance as to public carriages....
198
of ordinance as to express wagons, etc........
198
of curfew ordinance...................
. 204
of chapter 37 (injurious practices in streets)
of ordinance as to explosives.........
.208
of ordinance as to dogs..
of ordinance as to pawnbrokers.....
of ordinance as to dealers in junk and second-hand articles
of ordinance as to rag pickers and junk collectors.....
of boot black ordinance.
of ordinance as to dealers in coal and coke........
of rules as to hackney carriages, trucks, etc.....
of rules as to street musicians........
PENSIONS
for firemen, act accepted.....
........79
See FIRE DEPARTMENT.
PETITIONS
for laying out, altering, etc., streets, action on by city council. .......181-183
for laying out, altering, etc., streets, to be signed by six inhabitants ......181
See RULES AND ORDERS.
..........117
153
................................
170
.205
209
La
......................................2
10
218
234
318
INDEX.
n
.119
....152
PHYSICIAN, CITY
PAGE
appointment, term of office, qualifications, duties.....
removal of, and vacancy in office...
..........119
duties of....
..........120
salary of.....
............91, 120
to be member of board of overseers of poor, and to be sworn
53
ex officio member of board of overseers of poor..
19,
persons injured by accidents to be examined by..
....120
to examine firemen who apply for and receive pensions.....
report of............
..........119
PHYSICIAN, HEALTH. See HEALTH PHYSICIAN.
PIPES
interfering with sewers, to be removed by owners...... .........190.
interfering with sewers may be changed by superintendent, expense to .
be paid by owner......
.........190
PISTOLS
not to be discharged in streets, except..
“PLACES AND COURTS”
defined ......
PLANS
made by city engineer, to be property of city..........................115
city engineer to have charge of....
...........115
for drainage systems to be approved by board of health, and not to be
altered ..........
..........141
of proposed changes in streets and sidewalks to be made by board of
public works....
....181, 186
See ENGINEER.
PLUMBING .......................
............141, 142
may be regulated by ordinance...
S.......63
form of applications to board of health, for plumbing permits...
..........141
form of permits issued by board of health for.....
..........141
inspector of, to be notified when work is ready ..........
...142
to be left open until inspected..............
.........142
POLICE COURT
charter provisions......
to have jurisdiction of breaches of by-laws, ordinances and orders.........24
POLICE DEPARTMENT
POLICE COMMISSION.
of whom to consist; how appointed..........
72
tenure of office, compensation and removal; vacancies..
.173
qualifications of members......
political affiliations of members.
powers and duties, in general...
meetings ...
74
mayor to be chairman..........
mayor has no power to vote.............
vice-chairman, tenure of office...
clerk, not to be member of commission, duties, compensation.
estimates and account............
............
74
account of, to be charged with pay of officer in charge of police signal
telegraph ................
..........93
account of, to be charged with expense of police signal telegraph.........178
approval of bills..
...................174
30
...............................
72
73
.173
73
INDEX.
319
.........174
14
74
174
..93
120
POLICE DEPARTMENT, continued.
TAGE
to choose members of department annually.......
175
may suspend, discharge, etc., members of police department...
176
may reimburse police officers for damages to clothing......
may detail policemen at theaters, etc.....
report of...........
GENERAL PROVISIONS.
administration of, vested in mayor and aldermen.
may be governed by board....
of whom to consist...
rules and regulations....
salaries of members........
to be under control of police commission.....
officers of, to be sworn.
bills to be approved by police commission.......
credit of, not to be exceeded....
to be notified of times when, and places where, fast driving is allowed. ...197
assistance at fires......
.........178
pay rolls to state absences of members...
powers of police commission as to compensation of members..
members of, to account for all fees received ...
178
members, suspension and discharge of...
176
insubordination, how punished............
176
absence from duty with full pay......
candidates to be examined by city physician...
120
members incapacitated, to be examined by city physician
officers injured, to be treated by city physician...
captain of the watch, annual election....................
salary of ...........
absence from duty with full pay.....
..........93
rag pickers, etc., examination of, and inspection of bags; report..
lieutenant of police, how chosen and removed...
salary of......................................... .............92
sergeants of police, how appointed and removed, duties, vacancies..... 175
salary of ...........
..92
police inspectors, how chosen and removed..
salary of..............
special policemen, salary of .........................
police matron, salary of....
police signal telegraph, to be in charge of superintendent of fire alarm....178
salary of officer in charge...
...........93
expense of, charged to account of police commission.
wires may be placed in telephone conduits....
221
See MARSHAL.
POLICE OFFICERS.
appointment and removal of ........
how chosen.
number of, fixed by commission.........
reimbursed for damages to clothing.....
duties of, in case of fire........
may serve notices for board of public works.
may serve sidewalk notices.........
may order loiterers in streets to move on...
. 120
175
92
................................
...214
..........
.. 175
176
12
..93
..................................
.178
......................................
320
INDEX.
PAGE
205
.175
...............................................
175
.175
de
....
179
. 201
POLICE DEPARTMENT, continued.
may order loiterers away from certain buildings..........
.202
may send home children found in streets after 9.30 p. m......... .205
duties in enforcing chapter 37.................
may examine records and property in shops of dealers in junk, etc...... 211
rag pickers, etc., examination of, and inspection of bags, etc.; report.....214
WATCHMEN.
number of, fixed by city council........
vacancies among ........
.175
salary of .................
..92
to be also police officers....
may order loiterers in streets to move on.
. 201
may order loiterers away from certain buildings....
.202
duties in enforcing chapter 37.....
205
RESERVE POLICE FORCE.
how chosen ...................
established ............
salary of members...
.93
number of members.......
.179
powers; duties; compensation....
appointments to; subject to civil service rules
PONDS
swimming in, etc., regulated...
POOR. See OVERSEERS OF THE POOR.
POSTERS
city marshal to approve....
.........235
PRESIDENT OF COMMON COUNCIL
how chosen and tenure of office....
to issue warrants for new election, when....
........102
to be member of committees on finance and on printing
......106, 236
to be member of finance committee.......
106, 236
to be member of board on claims...
......130
notices, etc., issued by, to be served by city messenger
..........112
rules and orders concerning........
243-245
to appoint-standing committees ........
.243
president pro tempore............
in absence of, senior member to preside.....
PREVIOUS QUESTION
in common council..
.....244
· PRINTING
contracts for, in excess of $200 to be authorized by city council..........107
order authorizing, may have two readings on same day..............241, 248
committee on, of whom to consist and how chosen....
....106, 236
duty of ......................................
..........107
to contract for and oversee city printing, etc......
...107
PRIVY
may be prohibited, when; penalty.........
· vaults, regulated .......
contents of, how removed....
transportation of contents regulated..
PRODUCE AND PROVISIONS
wagons for sale of, where may stand. .....
..17
...245
.245
-
.........
IT
192
..201
INDEX.
321
.-
.
.235
.
......
....
.........................
.......
PROFANE LÁNGUAGE
PAGE
in streets, forbidden......
.201
PROPERTY
of fire department........
.........145
.sale or purchase of, by police commission............ ...........174
See CITY PROPERTY.
PROPOSALS
not to be accepted from person who has broken previous contract.........97
PUBLIC AMUSEMENTS
regulated .......
234
provisions as to escits; and fire apparatus....
.235
places of, may be inspected by mayor and aldermen.....
detail of policemen and firemen.....
235
PUBLIC BUILDINGS
to be under care, etc., of city council................
.........19
superintendent of, may be inspector of buildings...
..........165
entrance not to be obstructed by loiterers.........
..........202
PUBLIC LIBRARY. See CITY LIBRARY. ·
PUBLIC PLACES, SQUARES, GROUNDS, ETC. See STREETS.
PUBLIC PROPERTY. See CITY PROPERTY.
PUBLIC WORKS, BOARD OF
election, tenure of office.
members of, to be sworn.....
132
vacancies, duties .....
city engineer to be clerk of.
compensation of ...
records and plans..
hearings ..........
to give hearing on damages to parties interested
report of .............
recommendations of, as to streets, sidewalks and sewers..
to act upon petitions for street changes; view; hearing; report.
to prepare plans and estimates of street changes...........
powers as to construction of new streets on private lands.
183-185
powers as to laying out, etc., of sidewalks.....
sidewalks, hearings and report.......
powers as to laying out sewers and drains.................
.187
may recommend construction of sewer in private way...
may recommend connection of private with public sewer..
duty of, to consider matters referred by either branch of city council...
action of city council upon report of.......
may be heard in city council in defense of report....
action upon betterments.......
to advertise annually certain ordinances..
131
................................................
.132
........................................
132
133
...............................................
CU
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
..185
..186
.....
ooooo 00
Ices............................
QUORUM
of city council. ........
4
..............
....
R
RAGS
to be stored in fire district only in brick or stone buildings..............214
322
INDEX.
PAGE
..
....
......
....
...
....
.....
....
....
....31
.
..
.
RAGS, continued.
collectors of, to carry badge; hours; not to enter building without ..
permission .........
............213
to be licensed, provisions......
.....213
RAG PICKERS
and junk collectors not to do business upon Lord's day.................213
bags, vehicles, etc., of, may be examined; information to be given........214
to give information to police, etc.; rags, etc., how stored in fire district. . 214
RAILROADS
bathing without clothing within view of, forbidden....... .........201
not to be laid out across parks.......
........59
RECONSIDERATION
in board of aldermen..
...241
in common council..
council...................................................246
RECORDS
of town of Springfield, charter provisions.
of city council....
.17
city clerk to deliver to successor...
of common council...........................
248
of ordinances, to be kept by city clerk.
224
in clerk's office, duties of assistant city clerk.....
...114
of board of public works......
........
.......132
of licenses kept by board of health.......
.............139
of licenses to boot blacks to be kept by marshal...
...........215
of licenses for hackney carriages and trucks to be kept by marshal 228,231, 232
REFUSE
substances, removal of.......
........138
disposal of .....
.......123
REPEAL
charter provisions .......
.................32
of ordinances, effect of...........
.........225
REPORTS
of committees. See RULES AND ORDERS.
of various officers, boards and committees. See TITLES.
REPRESENTATIVES TO GENERAL COURT
number of, how determined .....
.........25
how elected .....
........25
RESERVOIRS
of water supply, fishing and boating prohibited; penalty........
RESIDENTS
of city to have preference in hiring of labor...
RESOLVES. See RULES AND ORDERS.
RETAILERS
licenses of ............
REVISED ORDINANCES
when to take effect.
RIVER
swimming in, etc., regulated........
........201
ROCKET. See FIREWORKS.
RUBBISH
powers of board of health. .......
not to be placed in streets, etc......
.........197
........................................
..
..
...
..
...
...
..
..
...
...
..
...
..
...
..
...
..
..
..
..
.
..
LI
.........268
INDEX.
323
PAGE
RULES AND ORDERS
of city council.......
.236-239
of the board of aldermen..
.240, 241
of common council.......
.242-248
of mayor and aldermen; as to hackney carriages, etc..............227-235
........
...
...
..
...
......
..124
103, 104
..87
SALARIES
of mayor, not to be changed during year.....
how paid ....
when due and payable....
not provided for, how fixed..........
SCAVENGER DEPARTMENT
employees of, how paid...
..........87
SCHOOL COMMITTEE
CHARTER AND SPECIAL STATUTES.
charter provisions as to number and election of....
.........15
charter provisions as to manner of election.........
salary .........
failure to choose, and vacancies....
powers and duties of....
of whom to consist and how chosen; tenure of office.
mayor, member and chairman ex officio....
ORDINANCES.
of whom to consist and how chosen; tenure of office.
election of, ballots, how marked.....
125
meetings of ....
103
to give public notice of times and places of meetings
to certify compensation of school teachers...
accounts and claims, to be approved,, when.
. 104
what bills may be contracted and approved by.........
127
not to fix salaries of teachers to exceed appropriations..
125
to present estimate to finance committee...
.........125
to appoint superintendent of schools..................................125
superintendent and schoolhouse agent to be under direction of.......125, 126
SCHOOL DISTRICTS
abolished ...
SCHOOL TEACHERS
compensation paid upon certificate of school committee...
SCHOOLHOUSE AGENT
election, duties, restrictions upon......
salary of...............
to keep account of expenditures, etc..
books of, to be examined. .........
to have charge of schoolhouses.....
report of..
SCHOOLHOUSES
janitors of, employment and compensation..........
.......... 127
fire escapes, etc......
SCHOOLS
general provisions....
.........124-128
to be under supervision of superintendent of schools....................125
..
..
..........................................................
..........91
5
324
. INDEX.
129
20
...212
........................
212
.......................
SCHOOLS, continued.
PAGD
tuition to be charged for children living on United States grounds...
provisions as to children living on United States grounds.....
...128
provisions for truants...
pupils may be vaccinated.........
superintendent of, appointment, powers, emergency expenses...
to assent to certain contracts of schoolhouse agent......
to inspect accounts of schoolhouse agent, monthly......... 127
See SCHOOL COMMITTEE.
SEAL
of city, design and custody of......
of city, upon deeds, etc......
222
SECOND-HAND ARTICLES
dealers in: to keep trace of certain articles ......
not to receive from minors........
........212
licenses: records: inspection: report.........
..211
sign: inspection: hours: licenses: penalty.......
SERGEANT
See POLICE DEPARTMENT.
SERPENT
(See FIREWORKS)..
SEWERS AND DRAINS
CHARTER AND SPECIAL STATUTES.
Charter provisions..........
not to be established, etc., without recommendation of board of public
works ............
in the streets, to belong to city........
may be appropriated by the city..............
from Garden brook to Connecticut river...
Garden brook, assessments, costs, appeal, etc.............
premises connected with, not to have privy vaults........
sewer outfalls may be extended beyond river line, when
ORDINANCES.
in general.........
land and water courses may be taken for...
materials and dimensions to be prescribed by mayor and aldermen.....
to be built only in properly constructed streets..
account of cost, to be kept and reported by superintendent....
board of public works, powers and duties.........
duties of board of public works as to laying out........
187
dimensions, materials and grade to be approved by board of public works.. 185
sewers, duties of city engineer as to laying out.....
.........116
plans of common sewers to be made and kept by city engineer ...........191
information as to grades to be furnished by city engineer, when.........191
rules and regulations........
192-193
common sewers to be built in center of street........
land may be taken for.....
.....132
land taken for......
....187
not to be obstructed by laying of pipes, etc......
190
not to be disturbed by telephone company....
report of superintendent of sewers............
flushing, annual credit to water department for.
steam not to be exhausted into; penalty.......
........
..132
.191
.......
.
.
.
.
.
.
....191
.....
.
.
.
INDEX.
325
.141
187
185
.....192
UNU
......148
SEWERS AND DRAINS, continued.
PAGE
public notice of certain provisions to be given annually.......
.187
sewage pipes in buildings, subject to rules of board of health.....
laid across private property, consent and proceedings................
to be laid in new streets before accepted............................
not to be opened or connected with private drain, except: penalty...... . 190
connections with private drains to be measured by city engineer.........190
connections between private drains and common sewers, when made......191
private sewers to be connected with public only under certain conditions..191
in private streets, to be city property when connected with public sewer...191
private sewers not to be connected with public, except....... ..........192
private drains, permit of entry..
owners of land may be ordered to connect with public sewers; penalty....192
private drains connected with main sewers, how constructed.............192
permits for sewer entrances...
.193
committee on, of whom to consist and how chosen..................106, 241
to report estimates annually to finance committee..
.......106
superintendent of. See STREETS, SUPERINTENDENT OF.
SHADES. See AWNINGS.
SHAVINGS
duties of chief engineer as to....
SHEEP. See ANIMALS.
SIDEWALKS
CONSTRUCTION.
charter provisions ............
may be established by city council. ........
owners of abutting lands may be compelled to construct....... .........44
not to be constructed, etc., without recommendation of board of public
works .......
expenditures for, to be reported by superintendent of streets.
board of public works, powers and duties.......
board of public works, hearing and report..
proceedings in laying out and establishing.......
plans, etc., and construction of....
notice of construction to be given by city clerk to all abutting owner .186
may be constructed by city at expense of landowners, when.....
in private streets, materials to be used for.......
curbing ................................................
lands, lien for sidewalk assessments.....................
assessments for, to be a lien upon lands for two years.....
USE.
snow and ice to be cleared from, by abutting owners...... .........
not to be dug up or obstructed by building material, without license....
obstructions in, to be guarded by railings and lights......
signs suspended over............
awnings over, how placed and maintained....
articles suspended over, regulations...
not to be encumbered with firewood, coal, etc., over night.
197
travel upon, not to be obstructed.....
carts, wheelbarrows, etc., not allowed upon...
certain animals not allowed upon.........
.199
wood not to be sawed or piled upon....
....200
booths, etc., for sale of articles not allowed upon.
gates and doors not allowed to swing over.........
.201
ets .........
..........
.........................
95
196
96
........
.199
.200
326
INDEX.
.201
.201
.203
.....................................
..2013
.203
..........
SIDEWALKS, continued.
PAGD
three or more persons not to obstruct travel upon..
auctions not to be held upon, when......
coasting upon, forbidden......
202
snow to be removed from..........
ice upon, to be removed or sanded.......
water from eaves and leader pipes not to be discharged
.203
washing windows, regulated........
metal coverings in, regulated.........
..204
injuries caused by metal coverings in.
.204
SIGNS
not to be affixed to lamp-posts in streets....
.200
in streets, not to be injured..
.200
SINKING FUNDS
established; duties of commissioners.......
for “Public Park Loan”....
report of commissioners of........
commissioners of, how elected, tenure of office, vacancies, duties
of water department................
for water bonds, may be held by sinking fund commissioners.
.275
provisions as to refunding of water debt....
276
SLIDING
on certain streets and on sidewalks prohibited.........
202
SMOKE
emission of, declared a nuisance......................... ......72
SNOW
not to be put in streets unless spread evenly......
..........199
removal of, from sidewalks...
........44, 203
to be removed from the roofs of certain buildings........ ...............207
slides, prevention of........
..........206-207.
SOLICITOR, CITY
may require plans, etc., from city engineer.........
may request city physician to examine persons injured, when city may
be liable ...
..........120
SOUTH END BRIDGE. See BRIDGES.
SQUARES
questions may be referred to board of public works.......
See STREETS.
STAGES
rules and orders as to.....
STATUTES. See ACTS OF THE LEGISLATURE.
STEAM
not to be exhausted into a main sewer or drain; penalty................193
STONES
or other missiles not to be thrown in streets.
STORES AND STOREHOUSES. See BUILDINGS.
STREET DIRT
disposal of ......
........123
not to be removed from streets without authority...
..........201
STREET LIGHTING
committee on .
..........106
STREET MUSICIANS
rules as to....
..232-234
.....
.......116
87
.........
..........................................
...
..
...
........
INDEX.
327
233
...220
STREET MUSICIANS, continued.
to be licensed; to have tag and copy of rules....
several may be included in one license.
233
not to perform after 10 p. m. or on Sunday......
..233
to stop playing when ordered, in certain cases......
234
STREET RAILWAY
telephone lines or conduits not to interfere with........
use of north end bridge by......
STREET WATERING
fixtures, to be in control of water department......... .........170
certain expenses of......
..........170
annual credit for, to water department.....
.........171
STREETS, etc.
defined ......
.51, 132, 187
charter provisions ........
.........22
mayor may be appointed commissioner of highways.....................18
CONSTRUCTION.
changes in must be recommended by board of public works........
relocation of ......
.....
CO
....................................
alteration of, value of land and buildings, how estimated.
laying out, etc., damages to whom paid........
land upon, altered, etc., may be surrendered to city...
......
.....
.................
person aggrieved in highway cases may have jury.
not to be laid out across parks.......
wires not to be hereafter erected in.....
electric wires to be removed from....
laying out, etc., in general................
petitions for changes in...
181
petitions to be acted upon by mayor and aldermen
........181
board of public works, powers and duties......
land taken for street purposes, value to be estimated
to be under general supervision of board of supervisors...... .........134
changes in, párties interested may have a hearing before city council.....182
plans and estimates of...........
surveys of, to be made by city engineer.....
.......116
specifications for construction of public.
183-185
sprinkling of, regulated..................
203
city may dig up, to lay water pipes.....
261
common sewers to be laid in center of ............
opening of, not to interfere with sewers........
sewers not to be constructed in, when...
sewers in private streets not to be connected with public sewers.
construction of sewer entrances and private drains in...
private drains in, to be city property when connected with sewer.
.
.
.
.
n...............................
. 122
statements as to work proposed, to be filed on or before May 1........
public notice of certain provisions, to be given annually.......
to be made, repaired and cared for by superintendent of streets.
cleaning of ....
123
numbering of ..........
.......37, 117
barricaded at fires to be kept clear..........
.......2......151
328
INDEX.
.
.........
.........
84
LOG
.219
vrsnal................
196
STREETS, etc., continued.
PAGE
buildings within lines of.....
117
building line may be established.
...........188
designations classified.........
.............185
constructed on private lands, not to be accepted unless constructed
according to specifications...
..........183
plan and profile to be furnished before new street is constructed.....183
width and cross section of..
..........183
surface of new streets to be cleared....
.............183-184
corners and angles. .........
.....184
catch basins and grates...
84
tree belts; curbing; gutters.........
excavation, embankment and side slopes.......
material of finished grade........ ........................... ..184
not to be accepted, unless sewer is laid................
....185
location, direction and grade of streets constructed after Jan. 1, 1902 185
constructed after Jan. 1, 1902, not to be accepted, when............185
underground conduits for telephone wires in......
INJURIOUS PRACTICES IN
trees in, not to have electric fixtures attached; penalty..
transportation of offensive substances, regulated....
nuisances, etc., in, to be investigated by city marshal.
not to be opened, except; penalty.......................
not to be dug up or obstructed without license....
.195
staging not to be erected in, without license........
. 195
articles suspended over.....
dug up, or obstructed, to be guarded by railings and lights, and repaired..196
horses not to be driven faster than eight miles per hour... ..........197
animals not to go at large in..........
......... 197
stands for express wagons, etc............
197 -
not to be obstructed by standing teams....
199
not to be encumbered with firewood, coal, etc., over night........ .197
wood not to be sawed or piled in... ......... ...................200
persons acting as boot blacks in, must be licensed. ....... ...........215
boot blacks working in, to obtain consent of owner of abutting property...215
shells not to be placed in, etc...........
.........197
house dirt, ashes, rubbish, handbills, etc., not to be thrown in....
articles liable to puncture tires not to be in.......
.197
snow and ice not to be placed in unless spread evenly...
impure water from buildings, not to be allowed to run into......
water from eaves and leader pipes not to be discharged upon...
. 203
gates and doors not allowed to swing over........
firearms not to be discharged in...
.......200
bells, horns, outeries, etc., for advertising, not to to be used without license 201
trees in, not to be injured, etc., without permission......
animals not to be fastened to trees in....
.........200
travel upon, not to be obstructed....
199
buildings not to be moved through.
199
games of chance not to be played in......
200
city lamps in, not to be lighted or extinguished without permission......200
fences, guideposts, awnings, lamp-posts, etc., in, not to be injured........200
fireworks, bonfires, etc., in, without license, prohibited......... ...200
booths, for sale of fruit, etc., not allowed......... ..............200
I usvill, CuO. •••••••••••••••••••••••••
.197
............
.199
. 201
.........
...............201
200
INDEX.
329
.201
. 201
201
202
204
.207
STREETS, etc., continued.
PAGE
street dirt and manure not to be removed without authority....
bathing without clothing within view of, forbidden........
disorderly conduct and indecent, etc., language, forbidden....... 201
vehicles for carrying contents of privy vaults, etc., regulated...
three or more persons not to obstruct travel upon.....
ball playing, kite flying, etc., regulated...
use of certain vehicles forbidden......
coasting in certain, prohibited.....
use of air pipes, pop guns, etc., prohibited........
202
children under sixteen not to be in, after 9.30 p. m.; penalty..
roofs of buildings near street line, to be cleared of snow...
transportation of explosives in, regulated..
.........208
surface not to be disturbed for laying conduits, etc., without permit
from supervisors
.........220
disturbed by telephone company to be restored.....
conduits in, may be changed to ineet changes in sewers...... ....220
surface of, disturbed by telephone company, on what terms.. 220-221
not to be obstructed by hackney carriages, etc....
.........229
trucks, drays, etc., to be driven at moderate pace......................232
trucks, drays, etc., to be driven on right hand side of streets...
STREETS AND SIDEWALKS
committee on, of whom to consist and how chosen .................106, 236
member of, to be member of board of supervisors. .....................134
STREETS, SUPERINTENDENT OF
election, tenure of office, vacancy......
.........122
removal of....
.........122
duties of............
....122, 123
to be superintendent of severs.....
...........189
may appoint and remove assistants....
..........122
compensation of.....,
..........90, 122
accounts to be kept and filed with board of supervisors
annual report of, to city council.........
123
to approve payment of employees...
duties of, as to steam exhausted into sewers..........
statements of proposed street work to be filed before May 1, with.........195
streets dug up, to be repaired to satisfaction of.
.....196, 220
authority of, as to removal of street dirt and manure..................201
powers and duties when streets are disturbed by telephone company...... 220
assistant, salary of.............
...91
appointment, compensation and removal............
122
SUPERINTENDENT OF SEWERS.
superintendent of streets to be....
..189
to have charge of sewers, connections, repairs........
.189
to make contracts for sewers and keep account of construction.
may direct change of pipes, interfering with sewers...
..190
to notify, and obtain grades from city engineer.......
....190
to construct sewer entrances and private drains in streets........ ...192
to inspect buildings where steam is used.....
....193
SUPERINTENDENT OF FIRE ALARM.
See FIRE ALARM TELEGRAPH, SUPERINTENDENT OF.
SUPERINTENDENT OF PARKS. See PARKS, SUPERINTENDENT OF.
..123
.87
193
..............
.............
89
330
INDEX.
PAGD
.
.
.
.
...............
.....
........
.
.
............................
SUPERINTENDENT OF PUBLIC BUILDINGS.
See PUBLIC BUILDINGS, SUPERINTENDENT OF.
SUPERINTENDENT OF SCHOOLS. See SCHOOLS, SUPERINTENDENT OF.
SUPERINTENDENT OF STREETS. See STREETS, SUPERINTENDENT OF.
SUPERINTENDENT OF WATER WORKS.
See WATER WORKS, SUPERINTENDENT OF.
SUPERVISOR OF WIRES. See WIRES, SUPERVISOR OF.
SUPERVISORS OF HIGHWAYS AND BRIDGES.
of whom to consist, powers and duties...
..134
to supervise engineering department.
.........116
to approve employment of assistants and purchase of materials by
city engineer .
......116
to oversee superintendent of streets....
.122
to allow accounts of superintendent of streets..
to oversee city forester .....
to order work done on street watering fixtures..
powers as to construction of sidewalks.
may license use of streets...
to fix time for repairing streets after digging, etc...
may designate times and places for fast driving...
.197
may license removal of buildings through streets......
..199
licenses for metal coverings in sidewalks.....
........204
duties of, in ordering constructions to prevent snow slides... ....206, 207
report of expense of protection against snow slides....................
.207
may remove snow from certain roofs; expenses; report.
.207
to approve construction of underground wire conduits in streets........ .219
to issue permits for opening streets for wire conduits, etc............
SURVEY
of lumber, wood, coal and bark, may be regulated by ordinance...........23
of unsafe buildings.........
..........................166
report of, of unsafe buildings, to be served on owner..
SUSPENSION OF RULES. See RULES AND ORDERS.
SWIMMING
indécent exposure of person forbidden.........
SWINE
not to be kept within limits prescribed by board of health. . ...........140
See ANIMALS.
.
.
.
.
220
.
168
....201
.........197
........20
........111
TACKS
not to be thrown in streets, etc........
TAX COLLECTOR. See COLLECTOR OF TAXES.
TAXES
how assessed and collected....
assessment of, to be completed by September first.....
abatement of, how made and reported. ..........
when and how collected........
See COLLECTOR OF TAXES and ASSESSORS.
TEAMS
used for sale of articles, where may and may not stand..
not to stand in streets to obstruct them........
not to be driven on sidewalk...
............................111
..............99
.......198
....199
.............199
INDEX.
· 331
220
...
...
17
...................................
TELEPHONE COMPANY
PAGE
conduits and distributing poles for.......
..219
conduits: changes in; removal of; time for construction.............. ..220
not to disturb street railway or light wires, or pipes or sewers.......
to make changes in conduits, manholes or poles when ordered by mayor
and aldermen .......
..........221
to give bond before disturbing surface of streets; provisions of bond......221
locations of, may be revoked, and substitutes granted................. .221
TENEMENTS
to be numbered.
...................117
TENURE OF OFFICE
charter provisions...........
............15, 16
not affected by repeal of ordinance.
...............226
THEATERS. See PUBLIC AMUSEMENTS.
TILLERMEN. See FIRE DEPARTMENT.
TIRES
of vehicles, puncturing of, by articles in streets.......
........197
TOLL BRIDGE. See BRIDGES.
TOWN WAYS
provisions as to streets to apply to.........
TRANSPORTATION
of explosives regulated.......................
............
TRAVEL
upon streets, sidewalks, crosswalks, etc., not to be obstructed.........
TREASURER, CITY
. CHARTER AND SPECIAL STATUTES.
charter provisions for election of.........
charter provisions as to manner of election.....
failure to choose and vacancy.............
tenure of office...
salary .........................................
fines, forfeitures and penalties to be paid to....
not eligible as park commissioner..................
GENERAL PROVISIONS.
duties of, in general...................
salary of..............
.......90
books of...
report of........
duties of, as to accounts, etc., due the city....
collector to pay over to, moneys collected, when..
to receive certain fees.....,
to receive penalties for violation of chap. 38, sect. 2.
207
to receive fee for licenses of rag pickers and junk collectors
not to pay claims unless approved by auditor....
not to pay money without written order from mayor...
orders upon for certain payments, within appropriations....
approval necessary for payment of city employees..
to pay orders of board on claims, for less than $500......
not to pay bills of fire department unless approved by fire commission....146
payment of members of fire department.
..............150
bills of police department to be approved by commission, auditor and
mayor .................
.............174
duties of, as to payment of mortgages belonging to city.................222
.......24
.57
.......
.
.
.
•88
.
103
178
............
.
ct.
2..................
•
V2
332
INDEX.
...........
....
...........
88
...98
.............................
103
..127
...107
.103
S......................
145
...262
266
.....
..............
...125
.
.
................
...
........
........
..
.....
TREASURER, CITY, continued.
PAGE
collector to file with, monthly statement......
to have copy of all written contracts.....
to keep accounts as directed by auditor.....
custody of account of schoolhouse agent...............
notes and securities to be inspected by finance committee.
accounts, etc., to be examined quarterly by city auditor...
to make statements to city council of condition of treasury, etc.
to credit fire department with proceeds of sales.
duties of, as to water bonds..............
provisions as to expenses and income of water department.
to furnish emergency fund to overseers of the poor..
104
to superintendent of schools.....
to fire commissioners..
S............................................
46
to city marshal.....
TREE BELT
in streets constructed on private lands, how arranged.
.....184
TREES
in streets, 'not to have electric fixtures attached; penalty................121
not to be injured without permission from mayor and aldermen......200
animals not to be fastened to........
..........200
TRUANT CHILDREN
how punished ....
.........129
school ...............................
....... 129
TRUCKS, DRAYS, etc.
to be licensed, and carry number....
rules for driving and stopping.....
to be driven at moderate pace...
where may not stand........
persons other than driver, etc., not to solicit merchandise.......
....177
231
..................................
.....................................
232
.......................................
..................
UNDERGROUND CONDUITS. See CONDUITS.
UNITED STATES
citizens residing on grounds of, may send children to public schools
upon payment of tuition.....
........127
V
VACANCIES
in elective offices, how filled....
......102
See TITLE OF OFFICER.
VACCINATION
by city physician.....
........120
VEHICLES
for hire, to stand only in places licensed.........
...197
passage of, in streets, not to be obstructed....
used for selling goods, where may stand in streets.
.198
use of in certain streets regulated...............
See HACKNEY CARRIAGES, TRUCKS AND DRAYS, EXPRESS WAGONS, TEAMS.
VICTUALERS
licenses of ......
..........19
.......................
197
........202
INDEX.
333
PAGD
VINEGAR. See MILK AND VINEGAR.
VOTING LIST ....
........ 26
W
. 25
.85
......................
.170
WAGON
See TRUCK, VEHICLES, EXPRESS WAGONS.
WARD
clerk, duties of, as to elections.....
officers, vacancies, how filled.....
WARDS
division into, by charter; to be altered once in five years.................14
boundaries defined .................................................82-84
members of common council apportioned among...
each to have member of school committee....
............124
candidates for school committee, from, how indicated on ballots...
WARRANTS
for meetings of citizens, charter provisions........
for new election, when and by whom issued..
for election of representatives to General Court......
for new election, in case of failure to elect mayor or aldermen..
for elections to fill vacancies in city offices....
102
for city meetings; form; service and return....
......... .223
WASTE
collectors of, to be licensed, provisions.......
213
paper, to be stored in fire district only in brick or stone buildings........214
WATER
used by contractors on city contracts; how paid for......
.170
used on leased property of city, how paid for..............
used for municipal purposes not to be paid for..
impure, not to be allowed to run into streets..
..201
from eaves, etc., not to be discharged upon streets or sidewalks........ .203
bonds. See Bonds.
courses, may be taken for sewers and drains...
.........132
WATER DEPARTMENT
BOARD OF WATER COMMISSIONERS.
election, powers, etc., of, under act of 1872, ch. 345.....
former board abolished..
members, how chosen .........
powers and duties of; to be elected by ballot...
vacancies in, how filled...
city engineer to be clerk, ex officio (repealed)...
to elect a clerk........
member of city council not eligible...
to serve without compensation............
may make rules and regulations..
chairman of, to sign list of water bills abated, annually
salary of chairman.....
to elect officers of water department by viva voce vote...
report of to city council, to be printed in register....
may have services of city engineer....
powers and duties as to collection of water bills...
may shut off water, in case of violation of rules...
.171
........
334
INDEX.
.269
...........
.270
.168
S
.171
.171
..........171
WATER DEPARTMENT, continued.
PAGD
duties of, as to lands taken....
260
powers of, as to fishing and boating in reservoirs.........
.268
amount annually expended for new mains, how determined.........
may take additional water supply....
GENERAL PROVISIONS.
general provisions ......
168-171
officers of, appointment and duties..
not to collect water bills, etc...
....170
accounts, etc., to be kept by registrar.
.168
rules, how made, published, and enforced...
170
accounts of, to be examined quarterly by city auditor
accounts to be audited by city auditor...
receipts of, how collected and accounted for...
bills due city, not to be filed with auditor...
bills of, not to be examined by auditor.....
108
how approved and paid.....................
266
to have charge of street watering fixtures.....
170
water used, on city contracts to be paid for....
..170
to charge for water used on city property, leased to private parties....
city not to be charged for water used for municipal purposes. .
to be credited with water furnished the city.......
water bills, collection of, may be regulated by ordinance.....
...........55
duties of registrar and collector of taxes..
....168, 1.69
abated or changed....
.......169
unpaid, treatment of..
169
not to be collected by any officer of water department.
...170
how fixed ...
who liable for..........................................
263
WATER PIPES
on city property..............
.170
not to obstruct sewers....
not to be disturbed by telephone company.........
WATER REGISTRAR
election, tenure of office, vacancy, salary, duties........ ........168
duties of, as to abated water bills...........
..........169
to receive applications for extension of service on city property.........170
WATER SUPPLY
statutes as to...........
............260-276
lands taken for, description to be recorded.
.260, 271
additional sources of..
....264, 266, 270
may be furnished to Chicopee......
water fund bonds.....
267
additional bonds .......
268
penalty, etc., for diversion of water and injuries to.
purity of ......
268
to be furnished to Ludlow.....
.270
WATER TAKERS
to have copy of rules of water department...,
........170
WATER WORKS, SUPERINTENDENT OF
election, tenure of office, vacancy, salary......
duties of ............
.........169
WEST SPRINGFIELD. See BRIDGES.
262
.190
220
...265
.263
168
.............168
INDEX.
335
...
WHEELBARROWS
not allowed upon sidewalks............
........199
WINDOWS
washing of, on sidewalks, regulated..........
.....
WIRES
removal from streets, within certain district............
not to be hereafter erected in streets in certain district...,
removal of from streets, how enforced...
removal of, persons aggrieved may appeal...
not to be attached to trees; penalty..................
electric fixtures not to be attached to trees; penalty.....
121
cost of removal from trees, to be charged to owner..
electric, entering buildings in fire district to have outside switches.......161
electric light, not to be disturbed by telephone company...... ........220
telephone, etc., may be underground......
........219
inspector of, salary of.............................
supervisor of, designated under act 1900, ch. 276....
...105
superintendent of fire alarm, designated as.....
to remove electric fixtures from trees, when......
See TELEPHONE.
121
....91
151
Y
YEAR
fiscal to end Dec. 10........
.......103
Silmed
1986
Preservation.
9115

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