CITY CHARTER OF THR- CITY OF OAKLAND, GAL ALSO GENERAL MUNICIPAL ORDINANCES OF SAID CITY IN EFFECT OCTOBER i, 1898 ANNOTATED AND INDKXED PNUER THE SUPERVISION OK W. A. DOW CITY ATTORN RY COMPILED r,Y AUTHORITY OF THE CITY COUNCIL OAKLAND: ENQUIRER PUBLISHING COMPANY 416-420 TKXTH STREET 1898 CHARTER OF THK CITY OF OAKLAND PROPOSED MARCH 8, 1888, BY THK BOARD OF FREEHOLDERS, ELECTED DECEMBER 10, 1887; ADOPTED NOVEMBER 6, 1888, AND AP- PROVED BY THK LEGISLATURE FEBRUARY 14, 1889; ALL IN PURSUANCE OF THE PROVISIONS OF SECTION 8, ARTICLE XI, OF THE CONSTITUTION OF THE STATE OF CALIFORNIA ANNOTATED AND INDEXED UNDER THE SUPERVISION OF W. A. DOW CITY ATTORNEY Board of Freeholders CHAIRMAN JOHN A. STANIA" WM. C. BARTLETT WARREN OLNE\ - Jxo. L. BROMLEY C. D. PIERCE J. T. CAROTHERS H. A. POWELL WALLACE EVERSON E. J. PR INGLE J. A. FOLGER PATRICK SCULLY JNO. R. GLASCOCK N. W. SPAULDING V. D. MOODY JOHN H. TROY SECRETARY FRED L. BUTTON Committees of the Board of Freeholders. 1. Boundary, Division into Wards and Elections MESSRS. SPAULDING, GLASCOCK AND PRINGLE. 2. Legislative Department MESSRS. BARTLETT, CAROTHERS AND SPAULDING. 3. Executive Department, etc. MESSRS. MOODY, PIERCE AND OLNEY. 4. Department of Public Works, etc. MESSRS. PRINGLE, BROMLEY AND FOLGER. 5. Public Schools and Libraries MESSRS. POWELL, BARTLETT AND PIERCE. 6. Judicial Department, etc. MESSRS. OLNEY, GLASCOCK AND TROY. 7. Police, Fire and Health Department MESSRS. GLASCOCK, BROMLEY AND EVERSON. 8. Finance, Revenue and Taxation MESSRS. CAROTHERS, FOLGER AND BARTLETT. 9. General and Miscellaneous Provisions and Schedule MESSRS. EVERSON, POWELL AND SCULLY. 10. Revision MESSRS.OLNEY, POWELL, PRINGLE AND GLAscock. CHARTER. Page. Article I Boundaries, Rights and Liabilities 7 Chapter I Rights and Liabilities - Chapter II Boundaries of the City 8 Chapter III Division into Wards u Article II Elections ,. Article III Legislative Department 15 Article IV Executive Department 25 Article V Judicial Department 3 o Article VI Department cf Public Works . 3 6 Chapter I General Provisions 36 Chapter II Opening of Public Streets 44 Chapter III Improvement of Streets 53 Chapter IV Sewers and Drainage ^ Article VII Educational Department 5 6 Article VIII Revenue and Taxation 68 Article IX Police and Fire Department 72 Article X Health Department 7 6 Article XI Miscellaneous Provisions .80 Index to Charter , CHARTER OF ARTICLE I. BOUNDARIES, RIGHTS AND LIABILITIES. CHAPTER I RIGHTS AND LIABILITIES. Section i. The municipal corporation, now existing, known as the City of Oakland, shall remain and continue a body politic and corpor- ate, in name and in fact, by the name of the City of Oakland, and by that name shall have perpetual succession, may sue and defend in all courts and places, and in all matters and proceedings whatever, and may have and use a common seal, and the same alter at pleasure, ana may purchase, receive, hold and enjoy real and personal property, within and without the City of Oakland, and sell, convey, mortgage and dispose of the same for the common benefit, and may determine and declare what are public uses, and when the necessity exists of con- demning lands therefor, and what are the lands it is necessary to con- demn, and may receive bequests, gifts and donations of all kinds of property, within and without the city, in fee simple, or in trust for charitable or other purposes, and do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. CHARTER OF THE [Note. This Section is to be considered not as a grant of un- limited power to do the acts therein enumerated, but merely as declar- atory of the corporate capacity and power of the body politic to be exercised in the modes and under the limitations subsequently pro- vided in this Charter. Von Schmidt vs. Widber, 105 Cal., 151.] Sec. 2. The public buildings, lands and property, all rights oi property, and rights of action, all moneys, revenues and incomes be- longing or appertaining to the City of Oakland, are hereby declared to be vested in the said City of Oakland. Sec. 3. The said City of Oakland shall continue to have, hold and enjoy all public buildings belonging to the City of Oakland, lands, wharves, waters, property, real and personal, rights of property, rights of action, suits, actions, moneys, revenue, income, books, documents, records, archives, claims, demands and things in possession and action, of every nature and description, and shall be subject to all the obliga- tions, debts, liabilities, dues and duties of the existing municipality. Sec. 4. Suits, actions and proceedings may be brought in the name of the City of Oakland for the recovery of any property, money or thing belonging thereto, in law or equity, or dedicated to public use therein, or for the enforcement of any rights of, or contracts with, said City of Oakland, whether made, or arising or accruing before or after the adoption of this charter; and all existing suits, actions and pro- ceedings in the courts or elsewhere, to which said city is a party, shall continue to be carried on by or against the said City of Oakland. CHAPTER II. BOUNDARIES. [Note The boundaries of the City, as originally set forth in the Charter, are here omitted, the said boundaries having been changed by annexation of territory on July 22nd, 1891, and again by annexa- tion on June 24th, 1897, both pursuant to Statutes 1889, p. 358. The boundaries of the City as they existed prior to the said annex- ation of 1897, are here set forth, followed by a note containing the boundaries of the said territory annexed in 1897. The Superior Court of Alameda County in a decision rendered March 28th, 1898, by Hall, J. in People ex rel. Cuff vs. City of Oak- land, held the t:aid annexation of 1897 to be valid. An appeal there- from to the Supreme Court is now pending.] Sec. 5. The boundaries of the City of Oakland are as follows, to-wit: Beginning at the intersection of the center line of Telegraph avenue with the line between plots No. 10 and ,Ko. n, as the same are shown and delineated on Kellersberger's map of the Rancho of V. and D. Peralta. Thence south 73^4 cleg, east along the eastern projection of said line between plots 10 and II (15,934 feet, more or less, to its intersec- CITY OF OAKLAND, CAL. 9 tion with the center of Sausal Creek; thence down the center of said creek, following the meanderings thereof, to the intersection with the northerly line of the Cameron Tract;) thence continuing down the middle of Sausal Creek, as follows: South 10 deg. 41 min. east, 120 feet; thence south 63 deg. 49 min. west, 86 feet; thence north 50 deg. 26 min. west, 107 feet; thence south 9 deg. 38 min. west, 197 feet; thence south 35 deg. 57 min. east 79 feet; thence south 50 deg. 55 min. west, 70 feet; thence south 5 deg. 30 min. west, 300 feet; thence south 20 deg. 28 min. west, 200. feet. Thence south 45 deg. 12 min. east, 125 feet; thence south 34 deg. 46 min. west, 280 feet; thence south 39 deg. 4 min. west, 194 feet; thence south 50 deg. 53 min. west, 160 feet; thence south 68 deg. 19 min. west, 70 feet; thence south 20 deg. 21 min. east, 135 feet; thence, leaving Sausal Creek, north 76 deg. 41 min. west, along the northerly line of '.And of Stevens, 2140 feet to the easterly line of Lynn; thence south 13 deg. 8 min. west along the easterly line of Lynn, 503^/2 feet to the southeasterly corner of Lynn. Thence north 77 deg. 15 min. west, 27^ feet; thence south 12 deg. 53 min. west, 1708 feet; thence south 55 deg. 47 min. east, 49/2 feet; thence south 36 deg. 45 min west, 1460 and 6-10 feet to the northern corner of the Fifty Associates' Tract. Thence south 53 deg. 15 mm. east along the northeasterly line ot the Fifty Associates' Tract, 1491 and 6-10 feet to the easterly corner of said tract; thence south 36 deg. 40 min. west, 1412 feet to the south- erly line of the "Old County Road" to San Leandro. Thence north 85 deg. 50 min. west, along the southerly line ot said county road, 934^ feet to the northerly line of the Cannon Tract; thence south 53 deg. 14 min. east, 639 feet to the easterly corner ot land formerly owned by Sevin Vincent. Thence south 36 deg. 38 min. west, 882 and 85-100 feet to the south- westerly line of East Fourteenth street; thence north 53^ deg. west, 187 feet along said line of East Fourteenth street to the southeasterly line of the Kennedy Tract; thence south 36 deg. 45 min. west, 766 feet to the southwesterly line of the right of way of the Southern Pacific Railroad. Thence south 49 deg. 22 min. east along said line of right of way 1447 and 32-100 feet, to the easterly corner of the Knowles and Potter Tract, formerly known as the Kennedy Tract: thence south 36 deg. 45 min. west, 867 and 44-100 feet to the southerly corner of the said Knowles and Potter Tract; thence south 30 deg. 25 min. west, 2075 feet to the center of the bridge on Park avenue, at the intersection ot said avenue with the Encinal line of the Town of Alameda. Thence westerly, following the center of the slough and the center of the estuary of San Antonio to ship channel in the bay of San Fran- CHARTER OF THE Thence northerly and westerly along ship channel to its intersec- tion with the westerly projection of the line between plots numbers 10 and 11, as the same are shown and delineated on Kellersberger's map of Vicente and Domingo Peralta's Rancho, in Alameda County, State of California. Thence running along said westerly projection and said line between said plots, south 73 deg. 45 min. east, to the point of begin- ning. [Note Following is a description of the territory annexed to the city June 24th, 1897: Beginning at a point on the northern boundary line of the City of Oakland 150 feet distant easterly from the easterly line of San Pabla avenue, and measured at a right angle thereto, said beginning point being also the southeast corner of the Town of Emeryville, and run- ning thence in a northerly direction along the easterly boundary line of the Town of Emeryville to the center line of Temescal creek, thence in a westerly direction following the center line of the bed of Tem- escal creek being also the boundary line of the Town of Emeryville in said creek to a point 730 feet distant westerly from the westerly line of San Pablo avenue measured at a right angle thereto, thence along the easterly line of the said Town of Emeryville in a northerly direction, running parallel with and 730 feet distant westerly from said line of San Pablo avenue to the southern boundary line of the Town of Berkeley, thence easterly following the boundary line of the Town of Berkeley to a point on said boundary line of the Town of Berkeley 125 feet distant westerly from the westerly line of College avenue also known as College way and measured at a right angle to said line of College avenue, thence in a southerly direction on a line paral- lel with and 125 feet distant westerly from said line of College avenue a distance of 1600 feet, thence at a right angle to said line of College avenue in an easterly direction to and across said College avenue to a point 275 feet distant easterly from the easterly line of said College avenue and measured at a right angle thereto, thence in a southerly direction along a line parallel with and 275 feet distant easterly from the easterly line of College avenue and its extension and measured at a right angle thereto, to a point on the southerly line of Ciifton street, as said street is laid down, delineated and so designated on a map entitled Map of Rock Ridge, etc., filed in the office of the Re- corder of Alameda County on August 4th, 1879, thence in an easterly direction along said line of Clifton street to the westerly line of Mc- Adam street, as delineated and so designated on aforesaid Map of Rock Ridge, thence in a direct line due south to the line dividing plots Xos. 1,3 and 15, as said plots are delineated and so designated on a map entitled Map of the Rancho of Vicente and Domingo Peralti, etc., filed in the office of the Recorder of Alameda County on Jan- CITY O w OAKLAND, CAL. u uary 2ist, 1857, said plot line is the western boundary line of the St. Mary's Cemetery, thence along said plot line in a southwesterly direc- tion to the most western corner of said plot No. 15, thence in a south- easterly direction following the line dividing plots Nos. 14 and 15 H shown on map of aforesaid ranches (the last named plot line being the southwesterly boundary of the St. Mary's and Mountain View Cemeteries) to the westerly line of Piedmont Sanitary District, thence following the boundary line of Piedmont Sanitary District in a southerly and then in a southeasterly direction to its intersection with the said northern boundary line of the City of Oakland, and thence in a westerly direction along the said boundary line of the City of Oakland to the place of beginning.] CHAPTER III. DIVISION INTO WARDS. [Note The ward boundaries, as given in Section 6 of the Charter, are here omitted, the City Council having redistricted the city into wards on June 2, 1890, by its Resolution No. 15,002, passed pursuant to the provisions of Section 25 of the Charter. The following are the boundaries as described in that resolution.] Sec. 6. The City of Oakland" shall be divided into seven wards, the respective boundaries of which shall be as follows, to-wit: First Ward All that part of the City of Oakland bounded on the north by the center line of Twenty-second (22d) street and its exten- sion westwardly to the charter line of the City of Oakland; bounded on the east by a line described as follows: Beginning at a point where the center line of Twenty-second (22d) street intersects the center line ot Peralta street; thence southerly along the center line of Peralta street to its intersection with the center line of Center street; thence south- erly along the center line of Center street and its extension southerly to the Charter line of the City of Oakland; bounded on the south and on the west by the Charter line of the City of Oakland. Second Ward All that part of the City of Oakland bounded on the north by the Charter line of the City of Oakland; on the east, southeast and south by a line described as follows, to-wit: Beginning at a point where the line dividing Oakland and Brooklyn Townships intersects the present Charter line of the City of Oakland and running thence in a southwesterly direction along said line dividing Oakland and Brooklyn Townships to its intersection with the old Charter line of the City of Oakland, in the northeast arm of Lake Merritt; thence westerly along said old Charter line to a point in the center of the northwest arm of Lake Merritt; thence in a northwesterly direction along the center line of said northwest arm of Lake Merritt to its intersection with the center line of Walnut street, also known as Twenty-second (22nd) street, extended eastwardly to the center of said I2 CHARTER OF THE northwest arm of Lake Merritt; thence westerly to and along the center line of said Walnut or Twenty-second street to the center line of Telegraph avenue; thence northerly along the center line of Tele- graph avenue to the center line of Charter street, also known as Twenty-second street (22nd) ; thence westerly along the center line oi said Charter or Twenty-second street to the center line of San Pablo avenue, and thence westerly along the center line of Twenty-second (22nd) street and its extension westwardly to the Charter line of the City of Oakland, and bounded on the west by the Charter line of the City of Oakland. [Note All of the territory annexed to the city June 24. 1897, a description of which is set forth in a note to Section five, was added to the Second Ward by Ordinance No. 1830, approved Septembe 28, 1897-] Third Ward All that part of the City of Oakland bounded an. described as follows: Beginning at the point of intersection of 1 center line of Twenty-second (22nd) street with the center line ot Peralta street; thence easterly along the center line of Twenty-second (22nd) street to the center line of San Pablo avenue; thence easterly continuing along the center line of Twenty-second, also known as Charter street, to the center line of Telegraph avenue; thence erly along the center line of Telegraph avenue to the center line Seventeenth (i?th) street; thence westerly along the center line < Seventeenth street to the center line of Jefferson street; thence south erly along the center line of Jefferson street to the center line ot Twelfth street; thence westerly along the center line of Twelfth stree to the center line of Center street; thence northerly along the center line of Center street to the center line of Peralta street, and thence northerly along the center line of Peralta street to the beginning. Fourth Ward All that part of the City of Oakland bounded on the north by the center line of Twelfth (i2th) street: on the east by the center line of Jefferson street and its extension southerly to the Charter line of the City of Oakland; on the south by the Charter line of the City of Oakland and on the west by the center line of Center street and its extension southerly to tne Charter line of the City ot Oakland. Fifth Ward All that part of the City of Oakland bounded on tl north by a line described as follows, to-wit: Beginning at the point ot intersection of the center line of Telegraph avenue with the center line of Walnut street, also known as Twenty-second (22nd) street; thence easterly along the center line of Walnut or Twenty-second street and its extension eastwardly to the center line of northwest arm of Lake Merrit.t; thence southerly along the center line of said north- west arm of Lake Merritt to its intersection with the old Charter line of the City of Oakland: thence easterly along said old Charter line t CITY OF OAKLAND, CAL. 13 the line dividing Oakland and Brooklyn townships, bounded on the east by the said line dividing Oakland and Brooklyn Townships; bounded on the south by the center line of Tenth (loth) street and its exten- sion eastwardly to the line dividing Oakland and Brooklyn Townships, and bounded on the west by a line described as follows: Beginning at the intersection of the center line of Tenth (loth) street with the center line of Jefferson street; thence northerly along the center line of Jefferson street to the center line of Seventeenth (i7th) street; thence easterly along the center line of Seventeenth (i?th) street to the center line of Telegraph avenue; thence northerly along the center line of Telegraph avenue to the center line of Walnut or Twenty-second street. Sixth Ward All that part of the City of Oakland bounded on the north by the center line of Tenth (loth) street and its extension east- wardly to the line dividing Oakland and Brooklyn Townships; on the east by the line dividing Oakland and Brooklyn Townships; on the south by the Charter line of the City of Oakland, and on the west by the center line of Jefferson street and its extension southerly to the Charter line of the City of Oakland. Seventh Ward All that part of the City of Oakland bounded on the north, on the east and on the south by the Charter line of the City of Oakland, and on the west by the line dividing Oakland and Brook- lyn Townships. ARTICLE II. ELECTIONS. Sec. 7. General Municipal Elections shall be held biennially, on the second Monday in March, commencing with the second Mon- day in March next after the adoption of this amenudment. At each such general municipal election there shall be elected a Mayor, who shall be ex-officio a Commissioner of Public Works, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer who shall be ex-officio Tax Collector, a City Attorney who shall be ex-officio a Commissioner of Public Works, and a City Engineer who shall be ex-officio a Com- missioner of Public Works. 14 CHARTER OF THE [Note i This section, together with Sections 46, 63 and 72, was amended at an election held January 26, 1895. and such amendment was approved by the Legislature January 31, 1895. The original Sec- tion 7 was as follows: General municipal elections shall be held bien- nially on the second Monday in March, commencing with the second Monday in March next after the adoption of this Charter. At each general election there shall be elected a Mayor, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer, who shall be ex-officio Tax Collector, a Police Judge and two Justices of the Peace.] [Note 2 Under this section, municipal elections are held in odd numbered years.] Sec. 8. The provisions of Title II., Part III., of the Political Code relating to elections, and all laws amendatory thereof and supple- mental thereto, and all rights, duties, liabilities and restrictions arising thereunder, not inconsistent with the provisions of this Charter, are hereby, so far as the same can be applied, made applicable to all municipal elections; and the respective officers of the city shall have, possess and perform such powers and duties in all matters relating to municipal elections as are by law conferred or imposed upon county officers and officers of election in State and county elections; and to that end all rights, powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred upon the Council; and all rights, powers and duties so by law conferred or imposed upon the County Clerk are hereby conferred and imposed upon the City Clerk, except as in this Charter provided. [Note The provisions of the general law, referred to in this section, are to be found in Sees. 1041 to 1365 of the Political Code.] Sec. 9. In establishing election precincts the Council shall make them as geographically compact as possible, and so that no precinct shall have more than four hundred electors therein. Sec. 10. Only such persons residing in the city, whose names appear upon the Great Register of Alameda county at the time of any municipal election, shall be entitled to vote at such election; and to this end and extent said Great Register is hereby adopted as the reg- ister of voters in and for the city. The Council shall cause authenti- cated copies of such Great Register to be made and used at and for all municipal elections. Sec. n. The certificates of election issued by the City Clerk must be authenticated with the seal of the city. No other authentication shall be necessary. CITY OF OAKLAND, CAL. 15 ARTICLE III. LEGESLATIVE DEPARTMENT. Sec. 12. The Legislative power of the City of Oakland shall be vested in a Council of eleven members, whose terms of office shall be two years. Sec. 13. One member of the Council shall be elected from each ot the seven wards of the city, each of whom shall, at the time of his elec- tion, be a resident of the ward from which he was elected. Four mem- bers of the Council shall be elected from the city at large, but no two of the latter shall, at the time of election, be residents of the same ward. Sec. 14. The Council shall meet on the second Monday after the election of its members shall have been officially declared, and at such other times as may be designated by resolution or ordinance. Special meetings may be called by the Mayor, the President of the Council or five members of the Council. Seven members of the Council shall be a quorum, and the affirmative vote of six members shall be necessary to pass any measure, but a less number than seven may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Council may prescribe. Sec. 15. The Council shall annually elect a President from its own members, who may be removed by an affirmative vote of not less than nine members of the Council. Sec. 16. The Council shall establish rules for its proceedings, it shall have the power to punish its members for disorderly conduct in its presence, and may expel any member for malfeasance in office by an affirmative vote of nine of its members. The Council shall also have the power to compel the attendance of witnesses, and the pro- duction of all papers relating to any business properly before that body. Sec. 17. The President of the Council and the Chairman of each committee thereof shall have the power to administer oaths and affir- mations relating to any business brought before the Council or under consideration by its committees. Sec. 18. No ordinance shall be amended by reference only to its title; but when any ordinance is amended, the section or sections thereof shall be re-enacted at length, as amended. [Note As to legal effect of amendments see Fletcher vs. Prather, 102 Cal. 413.] 16 CHARTER OF THE Sec. 19. Every ordinance shall embrace but one subject, which shall be clearly indicated in the title. In all cases where the subject is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title. . [Note It is enough if the title of the ordinance to be amended 13 recited; it is not necessary that the subject of the particular section amended shall be stated in the title of the amendatory ordinance See People vs. Parvin, 74 Cal. 549.] Sec. 20. When any bill is put upon its final passage and fails to pass, if a motion is made to reconsider, the vote upon such motion shall not be taken until the next meeting of the Council. No bill for the grant of any franchise shall be put on its final passage within thirty days after its introduction. Sec. 21. Every bill, after it has passed the Council, shall be signed by the President thereof, and every bill which shall have passed the Council, and have been thus authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill to the Council within ten days after receiving it. If he shall sign the same, it shall then become an ordinance; but if he shall disprove the bill, he shall state his objections thereto in writing. If the bill is not returned with such approval or disapproval within the time specified, it shall take effect as if he had approved the same. [Note See County of San Diego vs. Seifert, 97 Cal. 594.] Sec. 22. When a bill is returned without the approval of the Mayor, the Council shall, within thirty days thereafter, proceed to consider and vote on the same. If the bill is again passed by an affirmative vote of not less than eight members, it shall take effect as if the Mayor had approved the same. If the bill shall fail, on being so considered, to receive eight affirmative votes, it shall then be finally lost. The vote shall be taken by ayes and noes, and the result shall be entered in the minutes of the Council. Sec. 23. The action of the Council shall be by ordinance or reso- lution. To constitute an ordinance a bill must, before final action thereon, be passed to print and published with the ayes and noes for ten days; and in case of any amendment being thereafter made, must in like manner be republished as amended for not less than five days. No action providing for any specific improvement or the granting ot any privilege or involving the lease, appropriations or disposition of public property or the expenditure of public money (except sums ot less than $500) or the levying of any tax or assessment, or the imposing of any new duty or penalty shall be taken except by ordinance. [Note See County of San Diego vs. Seifert, 97 Cal. 559-600. also Stat. 1897, p. 190.] CITY OF OAKLAND, CAL- 17 Sec. 24. No ordinance passed by the Council shall take effect until ten days after its passage and approval, unless otherwise pro- vided in the enactment. Sec. 25. The Council shall, in the year 1890, and every tenth year thereafter, redistrict the city into seven wards, making the same as nearly equal in population and as geographically compact as possible, but the city shall not be so redistricted within ninety days previous tb any municipal election. [Note Under the provisions of this section, the Council redistricte I the city June 2, 1890, by its Resolution No. 15002. See Sec. 6 of this Charter, ante, and notes connected therewith.] Sec. 26. The Council shall, during the first year after its organi- zation under this charter, cause all ordinances then in force to be classified under appropriate heads, and shall provide for the publica- tion of the same in book form. Every officer of the city shall be entitled to one copy of such ordinances, without charge; and every citizen applying for a copy, shall be entitled to the same at cost ot publication. The Council shall, every three years after the publica- tion, as herein provided, cause all the ordinances at that time in force to be compiled, and shall publish the same, subject to the terms and conditions herein expressed. Sec. 27. The enacting clause of all ordinances shall be in these words: "Be it ordained by the Council of the City of Oakland as fol- lows:" Sec. 28. No contract for lighting streets, public buildings, places or offices shall be made for a longer period than one year; nor shall any contract be made to pay for gas, electric lights or any other illu- minating material at a higher rate than is charged to any other con- sumer. [Note For general law as to lighting contracts in municipalities see Statutes 1897, p. 210. The action of the Council calling for bi<'s may be by ordinance or resolution, but the award of contract must b. j by ordinance.] [Note See also Sees. 4412-3, Political Code.] Sec. 29. No contract for the supplying of water for the use of the municipality in any of its departments shall be made, wherein the rates exceed those charged to other consumers. [Note See also Sees. 4412-3, Political Code; also Sec. 31, sub 41 post.] Sec. 30. All contracts must be in writing, executed in the name of the city, and by an officer authorized to make the same. The form and legality of all contracts shall be submitted to, and passed upon by the City Attorney. Every contract must be countersigned by the Auditor, numbered and registered in a book kept for that purpose. i8 CHARTER OF THE Sec. 31. The Council shall have power to pass ordinances: 1. To establish or alter the grades of and to open, lay out, close straighten, widen or otherwise improve or regulate streets, alleys, lanes and sidewalks upon the same, determine the width of sidewalks and streets and the grade of the same, and to provide for acceptance of the streets when constructed and completed in accordance with such regulations as the Council may adopt. Also to open, lay out and construct, alter, repair and vacate walks, crosswalks, avenues and thoroughfares in or over any plaza, park or grounds belonging to or under the control of the city. 2. To regulate or prohibit traffic and sales in streets, highways and public places; to prevent encroachments upon or obstructions to the same and to require their removal. .3. To regulate the laying of telegraph or telephone wires in or upon the public streets, erecting of gas and electric lights therein, the numbering of houses on the streets and avenues; the naming of the streets, avenues, public places and thoroughfares; the crossing ot streets, avenues, sidewalks and gutters; the use of streets and sidewalks for signs, sign-posts, awnings, awning posts, horse-troughs, telegraph posts and other purposes; the exhibiting of banners, placards or flags in or across the street or from houses or other buildings; public cries, advertising and other noises, steam whistles and the ringing of bells in the streets; the use of the streets and public places for foot pas- sengers, animals, vehicles, cars and locomotives. 4. To regulate the building and repairing of sewers; and it shall establish, through the Board of Public Works, a general and compre- hensive system of sewers in the city. 5. To provide for and regulate street pavements, crosswalks, curbstones, grades, gutters, sewers, lighting and watering of the streets, avenues and public places. Note [See also note preceding Section 101 of this Charter post; also Sections 28 and 29 ante.] 6. To regulate dispensaries, hospitals, markets and other public institutions. 7. To provide for the construction and repair of bridges, wharves, docks, piers, slips, ferries and public places. 8. To fix, regulate and collect tolls, wharfage and dockage. 9. To regulate, under the superintendence of the Board of Public Works, the moving and anchoring of vessels within the waters of the city, and to prevent obstruction to the free navigation of the same. 10. To make regulations for preventing and extinguishing fires, establishing fire districts, preventing the erection or repairing of wooden buildings or any buildings composed of combustible material therein, and for restricting the height of buildings or structures. CITY OF OAKLAND, CAL- 19 [Note A fence erected wholly upon the land of one person is not a division fence within the meaning of the act of March gth, 1895, limiting the height of division fences and partition walls in citiies and towns, and an adjoining proprietor cannot enjoin it as a nuisance merely because it obstructs the passage of light and air to his build- ing. The English doctrine of "ancient lights" does not obtain in this country; and the Legislature cannot vest in an adjoining pro- prietor the right to prevent his neighbor from building upon his own land such structure as he may see fit, provided it is not a nuisance. Ingwersen vs. Barry, 118 Cal. 342.] 11. To declare what shall constitute a nuisance and abate the same. 12. To provide and maintain a morgue. 13. To prohibit or suppress all houses of ill-fame, all occupations, houses, places of amusement, exhibitions and practices which are against good morals, and contrary to public order and decency, or dangerous to the public safety. 14. To regulate or prohibit the sale, storage and use of powder, fireworks, dynamite, nitro-glycerine and other explosives or com- bustible materials and substances, the places of their manufacture, storage and their transportation. 15. To regulate the maintenance of acid works, slaughter houses, wash-houses, laundries, tanneries, offensive trades; and all other manu- factories, works and business of every description, that may endanger the public safety, health or comfort, and to restrict the prosecution thereof to such fixed limits as may seem proper, or exclude such works and business from the city. 16. To prevent or regulate the running at large of any animals, to establish a pound, and to authorize the destruction or impounding ot any animals running at large. 17. To provide for the public printing, and to provide suitable rooms and buildings for the Courts, Boards, and officers of the city, and such furniture, fuel, lights, and stationery, and other supplies ot any kind as are necessary for the convenient transaction of public business, all of which shall be provided by the Board of Public Works upon requisition of the Council, when the expenditure to be incurred may exceed $100. The Council shall annually, at its first regular meeting in May, make such requisition for whatever it shall judge necessary for the ensuing fiscal year, and shall make other requisitions from time to time as occasion may require. The requisitions shall state in clear and explicit terms the quantity and kind of supplies, material or work needed, and how, when, and where to be delivered or performed. 18. To regulate the construction, repair and use of sewers, sinks, gutters, wells, cesspools, and vau'ts, and to compel the connecting, cleaning or emptying of the same, and to designate the time and man- ner in which the work shall be done. 20 CHARTER OF THE 19. To prevent throwing into any stream, creek, bay, or any body of water, from vessels, wharves or other places, any dirt, ballast, ashes, garbage, dead animals, or other materials that may obstruct the same or pollute the waters thereof. 20. To regulate or prohibit the use of steam boilers, the location of telegraph and telephone poles and wires, awnings, and the con- struction of entrances to cellars and basements from sidewalks. 21. To establish hack stands, and regulate the rates of charges ot hacks and other licensed vehicles. 22. To regulate the entrance to and exit from theaters, lecture rooms, public halls and churches, and the number and construction ot such entrances and exits, and to prohibit the placing of chairs, stools, benches or other obstacles in the aisles of such buildings. 23. To maintain and regulate a fire alarm and police telegraph. 24. To regulate and control the business of pawnbrokers, junk dealers, intelligence offices, and prescribe the mode of conducting the same. 25. To fix and determine, annually, the rates of compensation to be collected by any person, company or corporation in the city, for the use of water supplied to the city or the inhabitants thereof, and to prescribe penalties for the violation of all ordinances passed in reference to matters contained in this subdivision. [Note. The Constitution, Art. XIV., Sec. i, provides that water rates shall be fixed annually by the Council in the month of February, to take effect on the first day of July thereafter. Such rates are to be fixed "by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer." As to annual state- ment required from Water Companies, see Stats. 1881, p. 54; sec also S. V. W. W. vs. San Francisco, 82 Cal. 286, and San Diego \V Co. vs. San Diego, 118 Cal. 556.] 26. To regulate the quality, capacity and location of water and gaspipes, mains and fire-plugs, and to provide for and regulate the construction and repair of hydrants, fire-plugs, cisterns, pumps and such other appliances as may be requisite to utilize the distribution o water and gas in the streets, public places and public buildings. 27. To regulate the speed of railway engines, and to require rail- road companies either to station flagmen or place sufficient automatic warning signals and signal bells at street crossings. 28. To grant franchises permitting any company or corporation to lay and maintain tracks and to pass with steam railroads along, upon and across, or elevated above or placed below any streets of the city; provided, that the free use of the said streets .shall not be un- necessarily obstructed thereby, and that, except in that portion of the city which is designated in the following subdivision of this section. CITY OF OAKLAND, CAL. 21 such franchises shall be granted only after notice published for two weeks and by ordinance passed by the votes of two-thirds of the mem- bers of the Council, and upon the previous petition in writing of the owners of two-thirds of the front feet of lands upon that part of the street to be so used. Such grants shall be without prejudice to the rights of non-consenting owners to compensation for damages. [Note See Civil Code, Sec. 470, City of South Pasadena vs. L. A. T. Ry. Co., 109 Cal. 315.] 29. It shall be the duty of the Council, and the Council is hereby required to grant to any railroad company or corporation applying therefor, a franchise to lay and maintain tracks along any line selected by the applicant and to pass with steam railroads along, upon and across or elevated above or placed below any street or streets within that portion of the city which lies west and south of a dividing line commencing at the point where the east line of Halleck street inter- sects the present Charter line of the city, and running thence south- wardly in a straight line to the northwesterly corner of Block No. 770; thence southwardly along the east side of Wood street to the north- easterly corner of Taylor and Wood streets; thence on a curve with a radius of three-quarters of a mile to a point where said curve inter- sects the south line of the right of way of the Western Pacific Rail- road Company, now occupied by the Southern Pacific Company, near the foot of Cypress street extended southwardly, and thence along the said line of said right of way of the Western Pacific Railroad Com- pany until the same intersects the present eastern Charter line of the city. And in case that the limits of the city be hereafter extended northwardly and eastwardly, the said dividing line shall be extended northwardly to the northern limit of the city, keeping parallel with and 300 feet east of the right of way of the Northern Railway Com- pany, and shall be extended eastwardly to the eastern limit of the city, keeping along the southerly line of said right of way of the Western Pacific Railroad Company. And the Council shall, upon said portion of the city, grant equal privileges, subject to the general laws of the State of California, to all railroad companies or corporations to enter the city and operate and maintain railroads for the convenience of the public to and upon the water front of the city; and shall grant to such companies or corpora- tions, without discrimination between them, the right to construct and maintain freight and passenger depots, engine houses, workshops, wharves, docks, slips, ferries, landing places and other terminal facil- ities; provided, that no franchise for right of way exceeding 50 feet in width, and no franchise for terminal facilities upon land exceeding 1000 feet of frontage on the water front shall be granted to any one com- pany or corporation, or to any companies or corporations under one management or control. 22 CHARTER OF THE 30. The Council shall, upon the portion of the city designated in the preceding subdivision of this section grant, subject to general laws, to all companies or corporations desiring to acquire or con- demn property for public uses, equal privileges to construct and main- tain wharves, docks, slips, landing places, ferries, warehouses and other property devoted to public uses, but not upon land exceeding looo feet of frontage upon the water front to any one company or corporation, or to any companies or corporations under one manage- ment or control. 31. ' The Council, as soon as practicable, shall cause to be pre- pared by the Board of Public Works a map of all that portion of the city which lies west and south of the dividing line aforesaid, upon which map it shall lay out a general and complete plan of harbor improvement and designate what lands are necessary for the public uses of avenues or highways to the water front, and for terminal facil- ities for railroads and for open slips, canals and docks for the accom- modation of vessels and for public wharves, landing places, warehouses and other public uses; and all franchises granted under subdivisions 29 and 30 of this section shall be made to conform to the said plan. 32. The grant of a franchise under subdivisions 28 to 30, inclus- ive, shall be a delegation of the right to condemn private property for public uses upon compensation being made therefor as provided by law. 33. To grant the right to construct and to regulate and control the construction thereof to railroad corporations, of pipes, tubes, con- duits, signal bells, warning signs, wires and other electric, telegraph and mechanical appliances in, along, over and across the streets; pro- vided, that said appliances be so constructed as not to interfere with the free use of the sidewalks and streets. 34. To require every railroad company to keep the streets in repair between the tracks, and along and within the distance of two feet upon each side of the tracks occupied by the company. [NoteSee also Sec. 498, Civil Code, as to restrictions to be re- quired in franchises for street railroads.] 35. To determine fines, forfeitures and penalties for the violation of any ordinance or any provisions of this Charter. 36. To make all needful rules to govern the official conduct and duties of all officers of the city whose duties are not defined by this Charter, and to fix and regulate the charges and fees of all such officers, where the fees are not otherwise fixed, and to compel the payment ot all such charges and fees into the City Treasury. 37. To grant franchises tor the construction of street railroads on and along the streets of the city; provided, that when application is made for such franchises the Council shall by resolution cause a notice of such replication to be published for twenty days, and shall in said notice specify the route along which it is proposed to construct CITY OF OAKLAND, CAL. 2;, such road, and shall offer to grant the franchise to the persons, com- pany or corporation that shall agree to pay at the expiration of five years after said railroad is completed, and thereafter semi-annually. the largest per centum of the gro>> receipts of such road, according to a verified statement of the same; and provided further, that in all grants of franchises for street railroads it shall be made a condition that single fares on such roads shall not exceed 5 cents, and that only such rails shall be laid down as are of the most approved flat iron pattern for street railways operated by horses, mules, cables, or other motors than steam. The Council may reject all bids, and may refuse to grant a franchise for the proposed route; and, in case no bids are made, may, in their discretion, yrant a franchise for such period as may be deemed most expedient. Franchises for street railroads to be operated by horses or mules shall not exceed twenty-five years. [Note i. For the general law as to granting of such franchises. see Sec. 497, Civil Code; for statutory requirements of franchise, see Sees. 498 to 502, Civil Code; and as to municipal regulation of sudi railroads, see Sees. 503 to 511, Civil Code; see also Stat. 1893, pp. 44, 208, 288; Stat. 1895, p. 241; Stat. 1897, pp. 46, 135 and 191; see also People vs. Craycroft, in Cal. 544.] [Note 2. In the case of Santa Rosa City R. R. Co. vs. Central Street R. R. Co., the Supreme Court of the State decided (Decision January 6 1895, 38 Pac. Rep. 986) that the provisions of Sec. 502, Civil Code, limiting the time within which street railroads must be com- pleted, do not of their own force produce a forfeiture "without further legislative or judicial action," and that a grant of the same franchise to another party will not of itself effect a forfeiture; further, that in the absence of "express legislative declaration" by "apt and plain lang- uage to that effect;" "the franchise and right of way continues to exist until a judgment of forfeiture is obtained or the forfeiture is declared by legislative authority." Same case on rehearing, 112 Cal. 436.] 38. To establish and regulate the issuing and granting of munici- pal licenses and the collection of license taxes. [Note County of El Dorado vs. Meiss, 100 Cal. 268.] 39. To establish a City Hospital and to provide for its main- tenance. 40. To acquire lands for public parks, and to improve and main- tain such lands for the benefit of all the inhabitants of the city; and also to acquire lands for public buildings and other public uses. [Note. For the general law as to issuance of bonds for parks and boulevards, see Stats. 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 399; see also Stat. 1897, p. 45.] 41. To provide water for the uses of the city and its inhabitants. 2 4 CHARTER OF THE [Note. See also Subdivision 5 of this Section ante; also Section 29 of this Charter ante, and Sees. 4412-3, Political Code.] 42. To provide for the execution of all trusts confided to the city. 43. To offer rewards not exceeding five hundred dollars for the arrest and conviction of any person or persons who may have com- mitted a forgery in said city. 44. To provide an urgent necessity fund, not exceeding five hun- dred dollars a year, to be expended under the direction of the Mayor. 45. To establish a house of correction and reformation for juven- ile offenders. 46. To grant to the Associated Charities of the City of Oakland a sum not to exceed one hundred and fifty dollars per month, to be expended in accordance with the articles of incorporation of that asso- ciation. 47. To regulate the custody, leasing and sale of all the property ot the municipality, and such lost, stolen or unclaimed property as may be in possession of the police or other officers of the city. 48. To regulate all parades and processions, and to determine what parades or processions upon the streets shall not be lawful, and to declare the same a nuisance. 49. To make all rules and regulations necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Charter or by general laws in said city. 50. To make and enforce all such local, police, sanitary and other regulations as are not in conflict with general laws and the provisions oi this Charter. [Note. See Constitution, Art. XL, Sec. n, to same effect. An ordinance is not inconsistent with general law merely because it makes another and different regulation for the sale of a certain thing where there is no direct conflict. Ex parte Houg Shen, 98 Cal. 681; see ex parte Lacy, 108 Cal. 326. Cases construing police powers of Council: Sanitary, 105 Cal. 161, 104 Cal. 275, 98 Cal. 75; beating drums in street, 105 Cal. 558; liquors in dance halls, 98 Cal. 555; liquors where females employed, 96 Cal. 360 lotteries, 108 Cal. 680; pool selling, 91 Cal. 589; concealed weapons, 90 Cal. 617; laundries, 96 Cal. 354.] CITY OF OAKLAND, CAL. 25 ARTICLE IV. EXECUTIVE DEPARTMENT. LOfthe Mayor.] Sec. 32. The Mayor shall be the chief executive officer of the city, and his term of office shall be two years. Sec. 33. He shall vigilantly observe the official conduct of all public officers, and take note of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration and disbursement of the public funds and property; and the books, records and official papers of all depart- ments, boards, officers and persons in the employ or service of the city shall at all times be open to his inspection and examination. He shall take special care to see that the books and records of the said depart- ments, boards, officers and persons are kept in legal and proper form; and any official defalcation or willful neglect of duty or official mis- conduct which he may discover, or which shall be reported to him. shall be laid by him before the Council, City Attorney or District Attorney, in order that the public interests shall be protected, and the person in default be proceeded against according to law. He shall, from time to time, give the Council information in writing, relative to the state of the city, and shall recommend such measures as he may deem beneficial to its interests. He shall see that the laws of the State and the ordinances of the city are observed and enforced. He shall appoint a competent person or persons, expert in matters of book-keeping and accounts, to ex- amine the books, records, condition and affairs of every department, board or officer at least once in every year, and enforce such examina- tion. Any person refusing to submit to or to permit such examina- tion, or purposely delaying or impeding the same, may be suspended from office by the Mayor and removed for malfeasance in office. He shall have a general supervision over all the departments and public institutions of the city, and see that they are honestly, economically and lawfully conducted. He shall take all proper measures for the preservation of public order and the suppression of all riots and tumults, for which purpose he is authorized and empowered to use anri command the police force; and if such police force is insufficient, it shall be his duty to call upon the Governor for military aid, in the manner provided by law, in order that such riots or tumults may be properly and effectually suppressed. 26 CHARTER OF THE [Xote As to the powers of the Governor in cases of riots, etc., see Sees. 1916 and 2039, Political Code. As to posse comitatus, see Sees. 150 and 839 Penal Code.] Sec. 34. He shall, at least once in three months, together with a majority of the Finance Committee of the Council, count the cash in the City Treasury and see that it corresponds with the books of the Treasurer and Auditor. Sec. 35. He shall see that all contracts and agreements with the city are faithfully kept and fully performed, and to that end shall caus-j legal proceedings to be commenced and prosecuted in the name of thr city against all persons or corporations failing to fulfill their agree- ments or contracts, either in whole or in part. It shall be the duty or every officer and person in the employ or service of the city, when u shall come to his knowledge that any contract or agreement with the city or with any officer or department thereof, or relating to the busi- ness of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and in- formation within his possession concerning such matter; and a willtut failure so to do shall- be cause for the removal of such officer or employe, as in case of malfeasance in office. [Note. For statutory proceedings to remove officers for miscon- duct see Sees. 758 to 772, Penal Code.] Sec. 36. The Mayor may call special meetings of the Council. The action of the Council at special meetings shall be confined to the matters specified in the notice. [Note. See also Section 14 of this Charter, ante, as to the calling of special meetings of the Council.] Sec. 37. When and so long as the Mayor is temporarily unable to perform his official duties, the President of the Council shall act as Mayor pro tempore. When a vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Council, assembled for the purpose. A member of the Council during the term for which he shall have been elected or appointed shall be ineligible to fill such vacancy. Sec. 38. The Mayor may, when authorized by the Council so to do, appoint a Clerk, to be known as Mayor's Clerk. The Mayor shall perform all such other duties as may be prescribed by law or ordinance. [City Clerk.] . Sec. 39. The Council shall appoint a City Clerk, to hold office for the term of two years from the date of his appointment, unless sooner removed by resolution. His duties shall be to keep the corporate seal and all books, records and other documents belonging to the city, the custody of which is not in this Charter otherwise provided for; to CITY OF OAKLAND, CAL. 27 ittend all meetings of the Council and keep a journal of its proceed- . all it- by-laws, ordinances and resolutions: and perform sucn >ther duties relating to his office as the Council shall c'irect. He shall have power to take affidavits and administer oaths in all matters relat- ing to the business of the city, and shall make no charge therefor. [Auditor and Assessor.] Sec. 40. The Auditor shall be ex-officio Assessor. As Assessor, he shall perform all the duties prescribed by this Charter or by law lor assessing property in the city for purposes of taxation. As Auditor, ho shall number and keep a record of all demands allowed by him, show- ing the date of approval, amount and name of original holder, th? number, on what account and out of what fund payable. He shall be required to be constantly acquainted with the exact condition of the Treasury. He shall, on the first Monday of each month, or oftener if ;ired. report to the Mayor the condition of each fund in the Treas He shall keep a complete set of books for the city, in which I (.' 1 A I . D E PART M K N T . [City Attorney ' Sec. 46. The City Attorney shall be an attorney and counselor at law, duly admitted to practice by the Supreme Court of this State, and shall have been actually engaged in the practice of his profession for at least five years previous to his election. It shall be his duty to attend to all suits and other matter? in which the city may be legally CITY OF OAKLAND, CAL. 31 interested; to give his advice or opinion in writing whenever required by the .Mayor. Council, Board of Education. Board of Public Works, Auditor, City Clerk or Treasurer; and to do and perform all such othe: things touching his office as in y be require'! of him by the Mayor, Council, Board of Education or Board of Public Works. He shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolution, motion or order of the Council, Board <>t Education, or Board of Public Works, save and except his own bond. His bond shall be drafted and approved by the Mayor. [Note. This Section together with Sections 7, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature, Jan. 31, 1895. The original Section 46 was as follows: The Mayor shall, by and with the advice and con- sent of the Council, appoint an attorney for the city, who shall be known as the/ City Attorney. His term of office shall be two years. He- shall be an attorney and counsellor at law, duly admitted to prac- tice by the Supreme Court of this State, and shall have actually been engaged in the practice of his profession for the period of at least five years before his appointment. It shall be his duty to prosecute. behalf of the people, all criminal cases growing out of violations ot city ordinances and resolutions, and to attend to all suits and other matters in which the city may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Boar 1 of Education. 6r Board of Pub'ic Works, and to do and perform all such other things touching his office as by the Council or Mayor may be required of him. The City Attorney shall draft and approve all official or other bonds required by this Charter, or by ordinance, r- lution, motion or order of the Council, except his own bond. His bond shall be drafted and approved by the Mayor.] | Xote Fee- for extra service- see Buck vs. City of Eureka. Gal. 504.] RTS. n7. The judicial power of the city shall be vested in a Police Court and in such Justices' Courts as are or may be provided for by law Police Courts. [Xotc The establishment, jurisdiction and regulation of the Police Court was attempted to be prescribed by Sections 48 to 57. inclusive of the Charter, as adopted; but the Supreme Court of the State subse- quently decided (ex parte Ah You, 82 Cal., 330) that such Court had "no legal existence." but that the general law known as" the "Whitney Act," so called, which provided for a Police Court in cities of certain population, was in effect in this city. (See also the x-parte CHARTER OF THE Henshaw, 76 Cal., 446, and The People vs. Frank Toal, 85 Cal., 333.) The sections of the Charter referred to, which are inoperative, arc therefore omitted and the Whitney Act inserted. An Act to provide for Police Courts in cities having thirty thous- and and under one hundred thousand inhabitants, and to provide for officers thereof. See Stats. 1885, p. 213; Stats. 1891, p. 292; Stats. 1893, p. 41; Stat. 1895, p. 113; see also ex parte Giambonini, 117 Ca!. 5735 ex parte Sparks, 52 Pac. Rep. 715, and People vs. Sands, 102 Cal. 12.] The People of the State of California, represented in Senate ann Assembly, do enact as follows: Section i. The judicial power of every city having thirty thous- and and under one hundred thousand inhabitants, shall be vested in a Police Court, to be held therein by the City Justices, or one of them to be designated by the Mayor, but either of said City Justices may hold such Court without such designation, and it is hereby made the duty of said City Justices, in addition to the duties now required of them by law, to hold said Police Court. Sec. 2. The Police Court shall have exclusive jurisdiction of the following public offenses committed in the city: First. Petit larceny. Second. Assault or battery not charged to have been com- mitted upon a public officer in the discharge of official duty, or with intent to kill. Third. Breeches of the peace, riots, affrays, committing willful injury to property and all misdemeanors punishable by fine or by imprisonment, or by both such fine and imprisonment. Fourth. Of proceedings respecting vagrants, lewd or disorderly persons. Sec. 3. Said Court shall also have exclusive jurisdiction of all proceedings for violation of any ordinance of said city, both civil and criminal, and an action for the collection of any license required by an ordinance of said city. Sec. 4. Neither of said Justices shall sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree; and in case of the sickness or inability of the City Justices, either of them shall call in a Justice of Peace residing in the County to act in his place and stead. Sec. 5. Each of the City Justices, while acting as Judge of said Court, shall also have power to hear cases for examination and may commit and hold the offender to bail for trial in the proper Court, and may try, condemn or acquit and carry his judgment into execution, as CITY OF OAKLAND, CAL. 33 the case may require, according to the law, and punish persons guilty of contempt of Court, and shall have power to issue warrants of arrest in case of a criminal prosecution for a violation of a city ordinance, as well as in case of the violation of the criminal law of the State; also all subpoenas and all other process necessary to the. full and proper exercise of his power and jurisdiction, and in such of the cases enum- erated in this section in which trial by jury is now secured by, the Constitution of the State, he may proceed to judgment in the first instance without a jury; but on appeal, the defendant shall be entitled to trial by jury in the Superior Court. Sec. 6. The Police Courts in all cities having more than thirty thousand and not exceeding one hundred thousand inhabitants, shall have a Clerk for each of the Judges of said Courts, who shall be ap- pointed by the Judge of the said Court presiding in the department thereof in which the said Clerk is to act, who shall hold office for the period of two years from the date of his appointment. Each of the said Clerks shall receive an annual salary of one thousand five hun- dred dollars a year, payable monthly out of the treasury of said city, which salary shall be the full compensation for all services rendered by him. Each of the said Clerks shall keep a record of the proceed- ings of, and issue all processes ordered by, the City Justices, or either of them, or by said Police Court, and receive and pay into the City Treasury all fines imposed by said Court. They shall also each month render to the City Council an exact and detailed account, upon oath, of all fines imposed and collected, and of all fines imposed and uncol- lected, since their last reports. They shall prepare bonds, justify bail when the amount has been fixed by either of the said Justices or said Court, in cases not exceeding one hundred dollars, and may admin ister and certify oaths. The Clerks shall remain at the court rooms ot the said Court during the business hours, and during such reasonable times, thereafter as may be necessary for discharging their duties Before receiving their salaries each or any month, each of them shall make and file with the City Auditor an affidavit that he has deposited with the City Treasurer all moneys that have come into his hand.- belonging to the city. Any violation of this provision shall be a mis- demeanor. Each of said Clerks shall give a bond in the sum of five thousand dollars, with at least two sureties, to be approved by the Mayor, conditioned for the faithful discharge of the duties of his office. Sec. 6 l /2. The Police Court in all cities having more than thirty thousand and less than fifty thousand inhabitants shall have a Prose- cuting Attorney, to be appointed by the District Attorney of the county in which said city is situated, who shall hold office for the period of two years from the date of his appointment. He shall re- ceive an annual salary of two thousand ($2000) dollars, payable in equal monthly installments, out of the Treasury of said city, which salary shall be in full compensation for all services rendered by him. CHARTER OF THE It shall be the duty of said Prosecuting Attorney to attend the sessions o aen te sessons for nnh, ff ' ^ T " behalf f th * pe P le ali Prosecutions Whldl Said C Urt has J^diction. He shall give , u con. e sa gve a bond m the sum of three thousand dollars, with at least two sumies to be approved by the Mayor, conditioned for the faithful discharge ot the duties of his office. Sec 7. All fines and other moneys collected on behalf of the ;.ty m the -Police Court shall be paid into the City Treasury on the : Tuesday of each month, and all bills for fees and for costs due e officers of the Court shall be reported to the City Council each month. Sec. 8. Rooms and Dockets.-The City Council shall furnish i suitable room for the holding of said Court, and shall also furnish the necessary dockets and blanks. One docket shall be styled "The City minimal Docket," in which all the criminal business shall be recorded and each case shall be alphabetically indexed. Another docket shall be styled The City Civil Docket," and it shall contain each and every cml case in which the city is a party, or which is prosecuted or de- m her interest, and each case shall be properly indexed. Sec 9. The Police Court shall always be open, except on non- cial days, and then for such purposes only as by law permitted or required ot other Courts of this State. Sec. 10. Appeals may be taken from any judgment of said Police ourt to the Superior Court of the county in which said city may be loca ed, m the same manner in which appeals are taken from Justice's Courts in like cases. [Note See Sections 1466 to 1470 Penal Code.] Sec. IT. In all cases of imprisonment of persons convicted in said Court of any offense committed in the city, and persons so to imprisoned, or by ordinance required to labor, shall be imprisoned city jail, or if required to labor shall labor in the city. Sec. 12. Said Court shall have a seal, to be furnished by tlie city. Sec. 13. City Cases The City Justices shall, on the first Tuesday each month, make to the City Council a full and complete report t all cases, civil and criminal, in which the city has an interest or which are required to be entered in the City Civil Docket of City Criminal Docket, and in such form as they may require. Sec. 14. Certified transcript of the dockets made by the Clerk ot said Court under the seal cf said Court, shall be evidence in any Court this State of the contents of said docket; and all warrants and other process issued out of said Court, and all acts done by said ourt and certified under its seal, shall have the same force ana validity in any part of this State as though issued or done by any Court of Record of this State. CITY OF OAKLAND, CAL. 35 Sec. 15. This act shall be in force and effect from and after its passage.] Sec. 58. The Police and Fire Commissioners shall designate a policeman who shall always attend on the Police Court and act a- bailiff thereof. [By ordinance No. 1884 additional duties have been imposed upon the Bailiff and he has been made a Captain of Police.] [Justices' Court.] [Xote For the general law establishing the City Justices' Courts, see Sec. 103, Code of Civil Procedure, held constitutional in 58 Cal. 572, 576. The City Justices are elected at the general election in No- vember of even numbered years. See 58 Cal. 558, 572. As to jurisdic- tion, salary, reports and payment of fees into Treasury, see Sees. 10*, 112-115, C. C. P. As to salary warrants, see Stats. 1883, p. 63.] Sec. 59. Two City Justices of the Peace shall be elected, whose terms of office shall be two years. Their Courts shall always be open, legal holidays excepted. Sec. 60. The Justices' Court and the Justices thereof shall have the powers and jurisdiction which are now or may be prescribed and conferred by law upon the City Justices of the Peace and City Jus- tices' Courts, provided, however that within the corporate limits or the city the City Justices of the Peace and City Justices' Courts shall have exclusive jurisdiction and power over all matters, actions and things which are'now or may be conferred by law upon Justices of the Peace; and provided, further, that they shall not have the power to try or decide any public offenses whereof the Police Court of said city has jurisdiction. Sec. 61. Each Justice of the Peace shall pay to the Treasurer ot said city, on the first Monday of each month, all fines by him collected, and all fees which are by' law chargeable for services rendered by him, accompanied by a verified written report, showing the amount thereof, from whom and in what case such fines and fees were collected and paid. A copy of this report shall, at the same time, be filed with the Auditor. All such fines and fees shall go to the credit of the General Fund. Sec. 62. The Justices' Courts herein provided for are intended to be the Justices' Courts provided for by general law. and nothing herein contained shall be construed to authorize the election of more than two Justices of the Peace for the city. CHARTER OF THE ARTICLE VI. DEPARTMENT OF PUBLIC WORKS. CHAPTER I. Sec. 63. There shall be a Department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall consist of the Mayor, City Attorney and City Engineer. The Mayor shall receive no com- pensation for services rendered as such Commissioner. The City Attorney and City Engineer shall receive, in addition to their res- pective salaries, a yearly salary of six hundred dollars each as com- pensation for their services as members of the Board of Public Works. [Note. This section, together with Section 7, 46 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislatttre January 31, 1895. The original Section 63 was as follows: There shall be a Department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall be appointed by the Mayor from among the qualified electors of the city. Their terms of office shall be four years, and not more than two shall belong to the same political party. The Commissioners first appointed shall at their first meeting so classify themselves by lot that one of them shall go out of office in two years, one in three years, and one in four years. ] Sec. 64. Immediately upon their appointment and qualification, the Commissioners shall organize as a Board and elect one of their number President, who shall hold his office for the term of one year; and they shall elect a Secretary, who shall not be a member of the Board. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes; and may require bonds from any of its subordinates for the faithful performance of their duties. Sec. 65. The Board shall hold a regular meeting once in each week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on a day and at an hour fixed by resolution entered upon its records, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public. Two members shall constitute a quorum, and the affirmative votes of two members shall be necessary to pass any CITY OF OAKLAND, CAL. 37 order or resolution. No business shall be transacted at a special or adjourned meeting of the Board, except such as may have been made the special order of business for such meeting, or such as may have been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. Sec. 66. The Board shall cause to be kept a record of its pro- ceedings; and shall keep all maps, plans, specifications, estimates, con- tracts, certificates, receipts, surveys, field notes, and profiles belonging to the city and all papers pertaining to the transactions of the Board. It may, when it shall deem it expedient, and shall, when requested by the Council or the Board of Education or the Mayor, furnish such data or information as may be requested. Sec. 67. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of -the Commissioners pres- ent at the meetings, and giving the ayes and noes upon all votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall cause the publi- cation of all notices herein authorized to be published, or which the Board shall order to be published, and. shall perform such other duties as the Board may from time to time prescribe. Sec. 68. The Board may appoint such employes as are herein provided for, or as may be authorized by the Council. The salaries of all officers, clerks and employes of the Board, except so far as the same are designated in this Charter, shall be fixed from time to time by the Council in its discretion, on recommenda- tions by the Board. Sec. 69. The Board shall, immediately after its organization, take possession and have the custody and control of all maps, surveys, field notes, records, plans, specifications, contracts, models, machinery, tools, appliances, contract rights, privileges, books, documents, papers, archives, and property belonging to said city, heretofore kept by or in the offices of the City Engineer, the City Marshal and the Wharfinger. Sec. 70. The Board shall have charge and Superintendence of all public work of every kind, not otherwise controlled by general laws, to be done for the city or for the Board of Education or any other department, and also of the furnishing of all material and supplies for public use, or for the use of the Board of Education or for any other department, except as otherwise provided in this Charter. It shall be the duty of the Board vigilantly to inspect all parts of the city and to recommend from time to time to the Council such work as it shall deem necessary or proper. Sec. 71. The Board shall have special charge, superintendence and control, subject to such ordinances as the Council may from time to time adopt, of the harbor and water front, and of all streets, sidewalks, highways, roads, bridges, wharves, parks and public places belonging to the city, or dedicated to public use, and of the improvement and 38 CHARTER OF THE repair thereof; of all sewers, drains and cesspools, and the work per- taining hereto, or to the drainage of the city; of the cleaning of streets and of all repairs upon accepted streets; of the construction and repair of all public buildings, and the making of all public improvements for the city, or under its authority, and of the repairs of such improve- ments; of all lamps and lights for the lighting of streets, parks, public places and public buildings of the city, and of the erection of all posts for such lamps and lights, and of all public works and improvements hereafter to be done by the city. The Board shall have exclusive authority to prescribe rules and grant permits in conformity with the ordinances of the city for the moving of buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks and the con- struction of entrances thereto; the construction of steps or other ap- proaches to buildings upon the sidewalks, and of railings and fences inclosing areas upon the sidewalks; the putting up of signs and awnings. the location of steam boilers; the laying down and construction of railroad tracks in the streets; the erection of telegraph and telephone poles, and poles for electric lighting or other electrical purposes, and the laying of telegraph or telephone wires, and wires for electric light- ing or other electrical purposes; the construction of drains and sewers; the laying down and taking up of gas, steam and water pipes, pneu- matic or other tubes or pipes and sewers and drains, and determining the location thereof; the use of the street or any portion thereof for the deposit of building material in front of a building during its construc- tion or repair, or for any purpose other than such as ordinarily and properly belongs to the public from the dedication thereof to public use. The Board shall have full power to regqlate and control, subject to the ordinances of the city, the anchorage of vessels in San An- tonio creek or elsewhere within the limits of the city; the manner of using the streets, sidewalks, wharves, harbor, parks and public places, and to prevent and remove obstructions therefrom, and to cause the prompt repair of the streets, sidewalks and public places when the same may be taken up or altered. The Board is authorized to collect, by suit or otherwise, in the name of the city, the expense of such repairs from the person or persons by whom such street or sidewalk was injured or torn up. The Board shall regulate, subject to the require- ments of the Board of Health and the ordinances of the Council, the construction of sinks, gutters, wells, cesspools and privy vaults, and compel the cleaning or emptying of the same, and regulate the time and manner in which the work shall be done. Sec. 72. The City Engineer shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board of Public Works, and shall certify to the progress and completion of the same, and do CITY OF OAKLAND, CAL. 39 such other work pertaining to his profession as he may be directed to do by the Board oi Public Works or the City Council or by any gen- eral law of the State of California. He shall possess the same power in the city in making surveys, plats and certificates as is or may be from time to time given by law to the County Surveyor, and his official acts, and all plats, surveys and certificates made by him, shall have the same validity and be of the same force and effect as are and may be given by law to those of the County Surveyor. WLh the con- sent and approval of the Board of Public Works, the City Engineei may appoint such deputies as the duties of his office may require, the number of such deputies, however, not to exceed the number thar may be fixed from time to time by the Council. [Note. This section, together with Sections 7, 46 and 63, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Sec- tion 72 was as follows: The Board shall appoint a civil engineer, who shall have had at least ten years' practical experience as such, who shall be designated City Engineer. He shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board, and shall certify to the progress and completion of the same, and do such other work pertaining to his profession as he may be directed to do by the Board or by the Council or by any general law of the State of California. He shall possess the same power in the city in making surveys, plats and certifi- cates as is or may be from time to time given by law to the County Surveyor; and his official acts, and all plats, surveys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of County Sur- veyor. With the consent and approval of the Board, the City Engin- eer may appoint such deputies, not exceeding the number that may be fixed by the Council, as the duties of his office may require.] Sec. 73. The Board shall appoint a Superintendent of Streets, whose duty shall be to see that the laws, ordinances, orders and regu- lations relating to the public streets and highways be fully carried into execution, and that the penalties thereof are rigidly enforced. He shall superintend and direct the cleaning of all sewers, and keep him- self informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots and grounds of the city, and report the same to the Board, and shall perform such other duties as are hereinafter specified, or as the Board may require of him. and he shall have the power and shall perform the duties required of the Superintendent of Streets by the Act of the Legislature of the State of California entitled "An Act to Provide for Work Upon Streets, Lanes, Alleys, Courts, Places and Sidewalks, and for the Construction of Sewers Within Municipalities," approved March 18, 40 CHARTER OF THE 1885, or by any Acts amendatory thereof, supplementary thereto, or substituted therefor. He shall keep a public office in some convenient place within the city, and shall keep therein the records of his office and a register of all streets accepted by the city, with an index for easy reference. He shall, before entering upon the duties of his office, give bonds to the city, with such sureties and for such sum as may be required by the Council; and should he fail to see the laws, ordinances and regulations relating to the public streets and highways carried into execution after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in person or property in consequence of said official neglect. Sec. 74. The Board may, whenever it shall deem it advisable, appoint an architect, who, under the direction and control of the Board, shall prepare plans and specifications of the work to be done, make necessary drawings and estimates of cost for the same, judge ot and determine the quality and durability of the materials that may be furnished for the construction or repair of any public building, and approve of or reject the same, and take special care that all work be done in a good, substantial and workmanlike manner, and in accord- ance with the drawings, plans and specifications. Sec. 75. The Board may, also, whenever it shall deem the same advisable, appoint a Superintendent of Public Works, who shall be a master builder, and who shall, when any public building is in the course of construction or of repair, or when any materials to be used in its construction or in its repair are being furnished, be in attend- ance at said building and see that the work is done in a good, sub- stantial and workmanlike manner, and that the materials used or fur- nished are of the description, quality and quantity called for by the specifications and contract. All work upon public buildings under the control of said Board shall be done under the immediate supervision of said Superintendent, and all materials used in the construction or repair thereof shall be furnished under his immediate supervision. Sec. 76. All officers, employes and agents appointed by the Board shall hold office during the pleasure of the Board. [Note Compare Sec. 206 post] Sec. 77. The Board of Public Works shall, within the time speci- fied in the requisitions made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and cause to be done such construction, improvement, ad- dition or repairs and printing and other work of any kind as may be required of it. Sec. 78. All public work authorized by the Council to be done under the supervision of the Board and not within the provisions of the general law of the State of California operating thereon and all work for which the Board of Education shall make requisition upon CITY OF OAKLAND, CAL. 41 the Board of Public Works, shall be done under written contract, except in case of urgent necessity as hereinafter provided. Before awarding any contract for doing work authorized by this chapter, the Board shall cause notice inviting sealed proposals for the contemplated work to be posted conspicuously in its office and published for not less than five days; and in case that the estimated cost of the work exceed $5000, to be so posted and published for not less than twenty days; except that when any repair or improvement not exceeding an esti- mated cost of two hundred dollars, shall be deemed of urgent neces- sity by the Board, such repair or improvement may be made by the Board under written contract or otherwise, without advertising for sealed proposals. Sec. 79. Said advertisement and notice shall invite sealed pro- posals, to be delivered at a certain day and hour at the office of the Board, for furnishing the materials for the proposed work, or for doing said work, or for both, as may be deemed best by the Board, ami shall contain a general description of the work to be done, the mater- ials to be furnished, the time within which the work is to be com- menced, and when to be completed, and the amount of bonds to be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the Board for full de- tails and description of said work and materials. Sec. 80. All proposals shall be made upon printed forms, to be prepared by the Board and furnished gratuitously upon application, with a form for the affidavit hereinafter provided for, printed thereon. Each bid shall have thereon the affidavit of the bidder that his bid is genuine, and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person or corporation to refrain from bid- ding, and that the bidder has not in any manner sought by collusion to secure to himself an advantage over other bidders. Any bid made without such affidavit or in violation thereof shall be absolutely void, and also any contract let thereunder. If at any time discovery shall be made that a contract has been let to a bidder who has violated or evaded this oath, the contract shall be cancelled and no recovery shall be had thereon, and the Board shall at once proceed as before to award a new contract. All bids shall be clearly and distinctly written, with- out any erasure or interlineation, and if any bid shall have any erasure or interlineation, it shall not be received or considered by the Board. All proposals offered shall be accompanied by a check, cert'fied by a responsible bank, payable to the order of the Clerk of the Council, for an amount not less than ten per cent of the aggregate of the pro- posal; and no proposal shall be considered unless accompanied by such check. 4 2 CHARTER OF THE No person, corporation or firm shall be allowed to make, file or b interested in more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, cor- poration or firm is interested, all such bids shall be rejected. Sec. 81. On the day and at the hour specified in said notice invit- : sealed proposals, the Board shall assemble and remain in session for at least one hour thereafter, and all bids shall be delivered to the Board by the bidder or his agent while it is so in session and within the hour named in the advertisement. No bid not so delivered to the Board shall be considered. Each bid, as it shall be received, shall be numbered and marked "Filed" by the President and authenticated by his signature. At the expiration of the hour stated in the advertise- ment within which the bids will be received, the Board shall, in open session, open, examine and publicly declare the same, and an abstract )f each bid shall be recorded in the minutes of the Board by the Sec- retary. Before adjourning, the Board shall compare the bids with the cord made by the Secretary, and shall, thereupon, at said time, or at such other time, not exceeding twenty days thereafter, as the Board may adjourn to, award the contract to the lowest bidder, except as otherwise herein provided. Notice of such award shall forthwith be posted for five days by the Secretary of the Board in some conspicuous place in the office of the Board. The Board may reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former con- tract with the city, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall thereupon return to the proper parties the checks corresponding, to the bids so rejected. If all the bids are rejected, the Board shall return all the checks to the proper parties, and again invite sealed proposals, as in the first instance. The check accompanying the accepted bid shall be held by the Secretary of the Board until the contract for doing said work, as here- inafter provided, has been entered into, whereupon said certified check- shall be returned to said bidder. If said bidder fails or refuses to enter into the contract to do said work as hereinafter provided, then the certified check accompanying his bid, and the amount therein mentioned, shall be forfeited to the city and shall be collected and paid into the Street Department Fund Neither the Board of Public Works nor the Council nor the Board education shall hae power to relieve from or remit such forfeiture. Sec. 82. If at any time it shall be found that the person to whom contract has been awarded has, in presenting any bid or bids col- luded with any other party or parties, for the purpose of preventing my other bid being made, then the contract so awarded shall be null and void, and no recovery shall be had thereon, and the Board shall advertise for a new contract for said work. CITY OF OAKLAND, CAL. 43 Sec. 83. All contracts shall be drawn under the supervision of the City Attorney, and shall contain detailed specifications of the work to be done, the manner in which it shall be executed, and the quality ot the materials to be used. No change or modification in the plans or specifications shall be made after proposals for doing the work have been called for. Every contract entered into by the Board shall be signed by ;it least two of the members thereof, and by the other contracting party. All contracts shall be signed in triplicate, one of which, with the speci- fications and drawings, if any, of the work to be done, and the mater- ials to be furnished, shall be filed with the Board of Education, where the work is done upon requisition of that Board, and in other cases with the City Clerk; one thereof, with said specifications and drawings, shall be kept in the office of the Board, and the other, with said speci- fications and drawings, shall be delivered to the contractor. At the same time with the execution of said contract, said con- tractor shall execute to said city, and deliver to the Secretary of the Board, a bond in the sum named in the notice for proposals, with two or more sufficient sureties to be approved by the Board; or shall deposit with the Secretary a certified check upon some solvent bank for said amount, for the faithful performance of said contract. No surety on any bond shall be taken unless he be a resident and house- holder or freeholder within the State, and worth the sum specified in the bond, over and above all his just debts and liabilities, exclusive of property exempt from execution; and each surety shall justify and make and sign an affidavit to that effect, of which affidavit a form shall be printed upon the bond. But when the amount specified in the bond exceeds $3000, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the bond, if the whole amount be equivalent of two sufficient sureties. The contract shall specify the time within which the work shall be commenced, and when to be completed, as was specified in the notice inviting proposals therefor. Upon the recommendation of the Board the Council may extend said time; but in no event shall the time for the performance of said contract be extended by the Council more than ninety days beyond the time originally fixed for its com- pletion. In case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such exten- sion of said time as is herein provided, his contract shall be void, and the Council shall not pay or allow to him any compensation for any work done by him under said contract. Sec. 84. The Board of Public Works shall, within the time speci- fied in the requisitions made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and furnish such material and supplies as may be required 44 CHARTER OF THE of it. The Board of Public Works shall invite sealed proposals fot furnishing the material and supplies so required by notices to be posted conspicuously in its office and published for five days, and in case the estimated cost exceed $5000, to be so posted and published for ten days, and shall award contracts therefor to the lowest bidder upon his giving security satisfactory to the Board. Sec. 85. The notices inviting proposals for work to be done and materials and supplies to be furnished as provided for in this chapter shall specify for what department the requisition is made and shall require the work done and the materials and supplies furnished to be subject to the/ approval of such department; and all contracts must contain a provision to that effect, and also to the effect that the work done and material and supplies furnished must be in accordance with the specifications and to the satisfaction of the Board of Public Works. When said work shall have been completed or material and supplies furnished to the satisfaction of the Board of Public Works, it shall so declare by resolution and shall deliver to the contractor a certificate to that effect. Sec. 86. The Commissioners shall not, nor shall either of them, or any person employed in said Department, be interested, directly or indirectly, in any contract for work, labor or material entered into by the Board; nor shall either of such commissioners, officers or employes be allowed to receive any gratuity or advantage from any contractor, laborer or person furnishing labor or material for the same. Any contract made in violation of any of the provisions of this section shall be void; and the receipt of any such gratuity shall be cause for the immediate removal from office, or from employment, of the person so receiving it, and he shall be forever disqualified from holding any position in the service of the city. [Note. As to summary proceedings for removal of officers, see Sees. 758 to 772, Penal Code.] CHAPTER II OPENING OF STREETS. [Note. The provisions of this Chapter, embracing Sections 87 to loo, inclusive of the Charter, as adopted, were inconsistent and in con- flict with general law and therefore void, as decided by the Supreme Court in the case of Davies vs. Los Angeles, 85, Cal. 37. They are therefore omitted in this compilation. The law app'icable to the open- ing of streets in this city is to be found in Stats. 1889, p. 70. The Act of 1893 (Stat. 1893, p. 220) was held by the Superior Court of Ala- meda County, Ellsworth J., to be unconstitutional. The said Act of 1889 is as follows: CITY OF OAKLAND, CAL,. 45 An Act to provide for laying out, opening, extending, widening, straightening, or closing up in whole or in part any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and all land and property necessary or convenient for that purpose. [Approved March 6, 1889, Statutes 1889, p. 70.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Section i. Whenever the public interest or convenience may re- quire, the City Council of any municipality shall have full power and authority to order the opening, extending, widening, straightening, or closing up in whole or in part of any street, square, lane, alley, court, or place within the bounds of such city, and to condemn and acquire any and all land and property necessary or convenient for that purpose. Sec. 2. Before ordering any work to be done or improvement made which is authorized by section one of this act, the City Council shall pass a resolution declaring its intention to do so, describing the work or improvement, and the land deemed necessary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the damages, cost and expenses thereof. Sec. 3. The Street Superintendent shall then cause to be con- spicuously posted along the line of said contemplated work or im- provement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed, "Notice of public work," in letters not less than one inch in length, shall be in legible characters, state the fact of passage of the resolution, its date, and, briefly, the work or improvement proposed, and refer to the resolution for further partic- ulars. He shall also cause a notice similar in substance, to be pub- lished for a period of ten days in one or more daily newspapers pub- lished and circulated in said city, and designated by said City Council; or, if there is no daily newspaper so published and circulated in said city, then by four successive insertions in a weekly or semi-weekly newspaper so published, circulated and designated. Sec. 4. Any person interested objecting to said work or improve- ment, or to the extent of the district of lands to be affected or bene- fited by said work or improvement, and to be assesed to pay the cost and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the publication of said notice, which objection shall be delivered to the Clerk of the City Council, who shall indorse thereon the date of its reception by him, and at the next meeting of the .City Council after the expiration of said ten days, lay said objections before said City Council, which shall 4 6 CHARTER OF THE fix a time for hearing said objections not less than one week there- after. The City Clerk shall thereupon notify the persons making such objections, by depositing a notice thereof in the post office of said city, postage prepaid, addressed to said objector. Sec. 5. At the time specified or to which the hearing may be adjourned, the said City Council shall hear the objections urged and pass upon the same, and its decision shall be final and conclusive. It such objections are sustained, all proceedings shall be stopped, but proceedings may be again commenced at any time by giving notice of intention to do said work or make sail improvement. If such objection is overruled by the City Council, the proceedings shall con- tinue the same as if such objection had not been made. At the expir- ation of the time prescribed during which objections to said work or improvement may be made, if no objections shall have been made. or if an objection shall have been, and said Council, after hearing, shall have overruled the same, the City Council shall be deemed to have acquired jurisdiction to order any of the work to be done, or improvement to be made, which is authorized by section one of this act. Sec. 6. Having acquired jurisdiction, as provided in the preceding section, the City Council shall order said work to be done, and unless the proposed work is for closing up, and it appears that no assessment is necessary, shall appoint three commissioners to assess benefits and damages and have general supervision of the proposed work or im- provement until the completion thereof in compliance with thu statute. For their services they shall receive such compensation as the City Council may determine from time to time; provided, that such compensation shall not exceed two hundred dollars per month each, nor continue more than six months, unless extended by order of the City Council. Such compensation shall be added to and be chargeable as a part of the expenses of the work or improvement. Each of said commissioners shall file with the Clerk of the City Council an affi- davitt, and a bond to the State of California in the sum of five thousand dollars, to faithfully perform the duties of his office. The City Coun- cil may at any time remove any or all of said commissioners for cause, upon reasonable notice and hearing, and may fill any vacancies occur- ring among them for any cause. Sec. 7. Said commissioners shall have power to employ such assistants, legal or otherwise, as they may deem necessary and proper; also, to rent an office and provide such maps, diagrams, plans, books, stationery, fuel, lights, postage, expressage, and incur such incidental expenses as they may deem necessary. Sec. 8. All such charges and expenses shall be deemed as ex- penses of said work and improvement, and be a charge only upon the funds devoted to the particular work or improvement as provided hereinafter. All payments as well for the land and improvements CITY OF OAKLAND, CAL. 47 taken or damaged, as for the charges and expenses, shall be paid by the City Treasurer, upon warrants drawn upon said fund from time to time, signed by said commissioners, or a majority of them. All such warrants shall state whether they are issued for land or improvements taken or damaged, or for charges and expenses, and that the demand is payable only out of the money in said fund, and in no event shall the city be liable for the failure to collect any assessment made by virtue hereof, nor shall said' warrant be payable out of any other fund, nor a claim against the city. Sec. 9. Said commissioners shall proceed to view the lands des- cribed in the resolution of intention, and may examine witnesses on oath, to be administered by any one of them. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all diligence to deter- mine the value of the land and the damage to improvements and prop- erty affected, and also the amount of the expenses incident to said work or improvement, and having determined the same, shall proceed to assess the same upon the district of lands declared benefited, the exterior boundaries of which were fixed by the resolution of intention provided for by section 2 hereof. Such assessment shall be made upon the lands within said district in proportion to the benefit to be derived from said work or improvement, so far as the said commis- sioners can reasonably estimate the same, including in such estimate the property of any railroad company within said district, if such there be. Sec. 10. Said commissioners having made their assessment of benefits and damage, shall, with all diligence, make a written report thereof to the City Council, and shall accompany their report with a plat of the assessment district showing the land taken or to be taken for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot, or portion of lot, and its dimensions, so far as the commissioners can reasonably ascertain the same. Each block and lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufficient des- cription of it in any suit entered to condemn, and in all respects. When the report and plat are approved by the City Council, a copy ot said plat, appropriately designated, shall be filed by the Clerk thereof in the office of the Recorder of the county. Sec. n. Said report shall specify each lot, subdivision, or piece of property taken or injured by the widening or other improvement, or assessed therefor, together with the name of the owner or claim- ants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, so far as the same are known to such commissioners, and the particulars of their interest, so far as the same can be asce*-- 48 CHARTER OF THE tained, and the amount of value or damage, or the amount assessed^ as the case may be. Sec. 12. If in any case the commissioners find that conflicting claims of title exist, or shall be in ignorance or doubt as to the owner- ship of any lot of land, or of any improvements thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or im- provements, or of the particulars of their interest, shall not affect the validity of the assessment or of the condemnation of the property to be taken. Sec. 13. Said report and plat shall be filed in the Clerk's office of the City Council, and thereupon the Clerk of said City Council shall give notice of such filing by publication for at least ten days in one or more daily newspapers published and circulated in said city; or if there be no daily paper, by three successive insertions in a weekly or semi-weekly newspaper so published and circulated. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the City Council, on or before a day fixed by the Clerk thereof, and stated in said notice, which day shall not be less that thirty days from the first publication thereof. Sec. 14. All objections shall be in writing and filed with tht Clerk of the City Council, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the City Council, which shall fix a time for hearing the same, of which the Clerk shall notify the objectors in the same manner as objectors to the original resolution of intention at the time set, or at such other time as the hearing may be adjourned to, the City Council shall hear such objections and pass upon the same; and at such time, or if there be no objections at the first meeting after the day set in such order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given, and hearing had as in the case of an original report. Sec 15. Tlie Clerk of said City Council shall forward to the Street Superintendent of the city a certified copy of the report, assess- ment and plat, as finally confirmed and adopted by the City Council. Such certified copy shall thereupon be the assessment roll. Immed- iately upon receipt thereof by the Street Superintendent the assess- ment therein shall become due and payable, and shall be lien upon all the property contained and described therein. Sec. 16. The Superintendent of Streets shall thereupon give notice by publication for ten days in one or more daily newspapers published and circulated in such city, or city and county, or by two successive insertions in a weekly or semi-weekly newspaper so pub- lished and circulated, that he has received said assessment roll, and CITY OF OAKLAND, CAL. 49 that all sums levied and assessed in said assessment roll are due an no Street Superintendent or Superintendent of Streets, the City Coun- city thereof is hereby authorized and empowered to appoint a suit- able person to discharge the duties herein laid down as those of Street Superintendent or Superintendent of Street; and all the provisions hereof applicable to the Street Superintendent or Superintendent of Streets shall apply to such person so appointed. 5. The term "City Council" is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city. CITY OF OAKLAND, CAL. 53 6. The term "Clerk" and "City Clerk," as used in this act, 13 hereby declared to include any person or officer who shall be clerk of said City Council. 7. The term "Treasurer" or "City Treasurer," as used in this act, shall include any person or officer who shall have charge and make payment of the city funds. 8. No publications or notice other than that provided for in this act shall be necessary to give validity to any proceedings had thereunder. Sec. 24. The proceedings in any work or improvement, such as is provided for in this act, already commenced and now progressing under any other act now in force, or by virtue of any ordinance passed by any City Council or Board of Supervisors of any city, county, or city and county, by virtue of any other act now in force, may, from any stage of such proceedings already commenced and now progress- ing, be continued under this act by resolution of the City Council. The said work or improvement may then be conducted under the pro- visions of this act with full force and effect in all respects from the stage of such proceedings under such other acts or ordinances at and from which such resolution shall declare an election or intention to have said work or improvement cease under such other act or ordin- ance and continue under this act; and from such election so made, all proceedings theretofore had under such other act or ordinance are hereby ratified, confirmed, and made valid, and it shall be un- necessary to renew or conduct over again proceedings had under such other act or ordinance. This section shall not apply to any work or improvement proceedings in which were commenced more than eighteen months prior to the passage of this act. Sec. 25. The provisions of this act shall be liberally construed to promote the objects thereof. This act shall take effect and be in force from and after its passage. [See Stat. 1895, p. 204, relative to sale and redemption of prop- erty under the foregoing act of 1889.] CHAPTER III IMPROVEMENT OF STREETS. [Note The general law governing street improvements within municipal corporations is found in the Vrooman Act, as amended. See Stats. 1885, p. 147; State. 1887, p. 148; Stats. 1889, p. 157; Stats. 1891, pp. 116, 196, and Stats. 1893, pp. 89, 172. The provisions of this chapter are not inconsistent with that act] 54 CHARTER OF THE Sec. 101. All streets, lanes, alleys, places and courts in said city now open or dedicated, or which may hereafter be opened or dedi- cated to public use, and of which the grade and width have been legally established, are and shall be open public streets for the purposes of this article. The Council shall, as soon as practicable, cause an official map of the city, upon which shall be exhibited all streets, lanes, alleys, places, courts, parks and squares dedicated to public use; and upon the approval of said map by the Council, all streets, lanes, alleys, places, courts, parks and squares appearing thereon shall be prima facie deemed and held to be open public streets, lanes, alleys, places, courts, parks and squares. Sec. 102. Upon such open public streets in said city all "improve- ment," as defined in the Act of the Legislature of the State of Cali- fornia, entitled "An Act to Provide for Work Upon Streets, Lanes, Alleys, Courts, Places and Sidewalks, and for the Construction of Sewers Within Municipalities," approved March 18, 1885, shall be done by authority of the Council, and the expenses thereof paid under and in accordance with the provisions of the said Act and of any Acts which may be passed in amendment thereof or supplemental thereto or in substitution therefor. And the Council is invested with jurisdic- tion to change the grades of said streets, lanes, alleys, places and courts, and fix the width thereof. Sec. 103. Whenever application shall be made to the Council for .any improvement to be done under the provisions of this chapter, unless such application be made by the owners of more than one-half in frontage of lots and lands fronting on the street, lane, alley, place or court upon which the improvement is to be done, or their agents, the Council shall refer the matter to the Board of Public Works for information. The Board shall as soon as practicable thereafter, de- termine whether in its judgment the public interest or convenience re- quires the said improvement to be made, and shall immediately report its determination to the Council, which shall thereupon take such action as it shall deem proper in the premises. Sec. 104. The Superintendent of Streets shall at all times keep the members of the Board of Public Works advised of the commence* ment and progress of any street improvement which is being done under his superintendence. They shall continuously examine and inspect the same, its materials and construction, and the Board of Public Works shall make any recommendation in reference thereto which it may deem advisable; and before finally accepting the same, the Superintendent shall advise the Board of its completion in due season to permit of such recommendation and of his action thereon. CITY OF OAKLAND, CAL. 55 CHAPTER IV SEWERS AND DRAINAGE. [Note For act authorizing incurring indebtedness for con- struction of sewers and other public improvements see Stat. 1889, p. 399, as amended by Stat. 1891, pp. 84, 94, 132, and Stat. 1893, p. 61; Rice vs. Board Trustees, etc., 107 Cal. 398. Sec. 105. The Board of Public Works shall devise a general sys- tem of sewerage and drainage, which shall embrace all matters relative to the thorough, systematic and effectual drainage and sewerage of the city, and shall submit the same to the Council, and shall from time to time make to the Council such recommendations upon the subject of sewerage and drainage as it may deem proper. Sec. 106. The Board shall prescribe and recommend to the Coun- cil for adoption the location, form and material to be used in con- struction, reconstruction and repairing of all public sewers, manholes, sinks, drains, cesspools and other appurtenances belonging to the drainage and sewerage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner ot the connection. Sec. 107. The Board shall recommend to the Council rules and regulations concerning the public and private sewers and drains in this city, and upon recommendation of said Board the Council ts authorized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof. Sec. 108. No person shall connect with or open or penetrate any public sewer or drain without first obtaining a permit in writing from the Board of Public Health, and complying with the rules and regu- lations of said Board in reference thereto. Sec. 109. The Board of Public Works may also recommend to the Council the construction of canals, sewers, tunnels, ditches, drains, embankments, reservoirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the city, together with plans for connecting the same with sewers and private drains already constructed or thereafter to be constructed. Sec. no. The Council may, upon the recommendation of said Board, by ordinance authorize the purchase of any personal property, or the acquisition by purchase or condemnation of any real estate which may be necessary for the construction of any sewer or the mak- ing of any improvement provided for in this Charter. < Sec. in. When, upon the recommendation of the Board of Public Works, the Council shall determine upon any improvement for the purpose of sewerage and drainage, which necessitates the acquisition or condemnation of private property, and said Board or Council is unable to agree with the owner thereof upon the amount of compen- sation or damages to be paid therefor, or when such owner is in any 56 CHARTER OF THE way incapable of making any agreement in reference thereto, and in all cases in which said Board shall deem it most expedient, it shall, when authorized by the Council by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, and for the ascertainment of damages in the manner, so far as the same is applicable, which is provided in this article for the condemnation of real estate when necessary for the opening of any street. [Note. For general law as to condemnation proceedings, see Sees. 1237 to 1263, Code of Civil Procedure. ' Note Condemnation foi public uses generally see Sec. 194 post.] ARTICLE VII. EDUCATIONAL DEPARTMENT. [Note Relations of charter provisions to school system unde- Pol. Code, Kennedy vs. Miller, 97 Cal., 429.] Sec. 112. The government of the School Department of the city shall be vested in a Board of Education, to consist of eleven mem- bers, to be called School Directors, and who shall receive no com- pensation. One School Director shall be elected from each ward and four from the city at large. Their terms of office shall be two years. No persons shall be eligible to the office of School Director unless he is at the time of his election the head of a family; and no two of those elected at large shall be residents of the same ward at the time ot their election. [Note By the provisions of Section 1670 of the Political Code, Stats. 1893, p. 268, the Board of Education also constitutes the High School Board, which has control of the High School. See also Sec- tion 114, Sub. 22, of this Charter post; also Section 128 and notes thereto.] Sec. 113. The Board of Education shall, immediately after their election and qualification, meet and organize by electing one of their number President, whose term of office shall be one year. The Board shall hold regular meetings at least once in each month, and at such times as shall be determined by its rules. Special meetings may be called at any time by the President or any three of the members. A majority of all the members shall constitute a quorum for the trans- CITY OF OAKLAND, CAL. 57 action of business, and the affirmative vote of six members shall be necessary to pass any measure, but a smaller number may adjourn from time to time. The Board may determine the rules of its pro- ceedings, and the ayes and noes shall be taken when demanded by any member and entered on the records of the Board. Its records shall be open to public inspection. The Board shall fill all vacancies occurring in the Board until the next regular municipal election. Sec. 114. The powers and duties of the Board of Education are as follows: [Note For the general law as to powers of Boards of Education, see Sec. 1617, Political Code, whose provisions are in force in this city and supersede all conflicting provisions of this section. See Sec. 1616, Pol. Code; also 82 Cal., 492; power to establish kindergarten system, Sinnott vs. Colombet, 107 Cal., 187.] 1. To establish and maintain public schools, to change, consoli- date and discontinue the same, to manage and control the school prop- erty, to establish school districts and to fix and alter the boundaries thereof. 2. To employ, pay and dismiss teachers, janitors and School Cen- sus Marshals, and such persons as may be necessary to carry into ef- fect the powers and duties of the Board, and to fix, alter, allow and order paid their salaries or compensation, and to withhold, for good and sufficient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid; provided, that no teacher shall be dismissed until after investigation and without good cause established to the satisfaction of the Board. [Note For the general law as to dismissal of teachers, see Sec. 1793. Political Code. In construing this section, together with Sec. 1617, Pol. Code, cited ante, the Supreme Court, in the Kate Kennedy case, 82 Cal., 483, held that "a teacher elected without limitation as to time of employment, is entitled to hold the position while competent and faithful, and can only be dismissed for violation of the rules of the Board of Education or for incompetency, unprofessional or immoral conduct." The statute also guarantees a teacher against removal to a lower grade without consent. See 82 Cal., 492. In the case of Marion vs. Board of Education, 97 Cal., 606, it was held that when the Board "went into executive session for the election of teachers for the ensuing year," a teacher thereupon declared elected is chosen only for such ensuing year, and may be dismissed at any time after its expiration. In the case of Marion vs. Board of Education (case No. 6648), the Superior Court of Alameda county decided that a teacher wrongfully removed cannot compel reinstatement unless her city certificate is still in force. 58 CHARTER OF THE In the case of Malloy vs. Board of Education, 102 Cal., 642, the Supreme Court held that the mere balloting for a certain teacher by the requisite number of the Board of Education does not constitute an employment of her, and if the Board then refuse to declare her elected, she cannot maintain mandamus to enforce her employment. In the case of Itsell vs. Board of Education, the Superior Court of the City and County of San Francisco (Wallace, Judge), in granting a writ of mandamus on March 8, 1895, restoring petitioner to his former position, decided substantially as follows: The dismissal of a teacher or removal to a lower grade during her term of employment can only be made upon proper complaint and after procedure in strict conformity to the general law and the rules of the Board, and a prin- cipal's report declaring a teacher incompetent does not constitute a proper complaint. The power of the Board to investigate charges against a teacher, being delegated to the Board by statute, cannot be again delegated to a committee, but the testimony may be taken by a committee and reported by them to the Board for action. See also Sec. 206 of this Charter, post. 3. To make, establish and enforce all necessary and proper rules and regulations for the government and progress of public schools and for the investigation of charges against any person in the employ ot the department, and for carrying into effect the laws relating to edu- cation; also to establish and regulate the grade of schools, and deter- mine what text-books (other than those published by the State), course of study and mode of instruction shall be used in said schools; but any text-book determined upon by the Board shall not be changed within a period of four years after its adoption. [Note. Rules of the Board of Education cannot control provis- ions of the general law (Sec. 1617, Pol. Code; 66 Cal., 473) nor valid Charter provisions (102 Cal. 642.) ] 4. To provide for the School Department all necessary suplies, and incur such other incidental expenses as may be necessary for the welfare of the department. 5. To build, rent and provide schoolhouses, and to furnish them with proper school furniture, apparatus and appliances. 6. To purchase, sell or exchange- school lots, and to take charge of any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the public schools of the city; and to make, in the name of the city, con- veyances of property belonging to the city and sold by the Board of Education; provided, tha,t no real estate shall be bought, sold, or ex- changed without the consent of the Council, evidenced by ordinance; and provided, further, that the proceeds of any such sale or exchange ot real estate shall be exclusively applied to the purchase of other lots, or the erection of schoolhouses for the use of this department. CITY OF OAKLAND, CAL- 59 7. To appoint School Census Marshals on or before the first day of May of each year, whose duties shall be as prescribed by general law, and to notify the County Superintendent of Schools of such appoint- ments. [Note. For the general law as to Census Marshals, see Sees. 1634 to 1640, Political Code.] 8. To sue in the name of the city for any and all property acquired or claimed for the use and benefit of the School Department, and to prosecute and defend all actions at law or in equity, necessary to re- cover and maintain the full enjoyment and possession of said property, and to require the services of the City Attorney in all such actions. 9. To estimate annually the amount of money required for the sup- port of the public schools, and for carrying into effect all the pro- visions of law in reference thereto; and in pursuance of this provision the Board shall, on or before the last Monday of July of each year, submit in writing to the Auditor a statement verified by at least a ma- jority of the Board, containing a careful estimate of the whole amount of money to be received from the State and county, and the amount required from the city for the above purposes. The Auditor shall transmit the same to the Council as in this Charter provided, and the Council shall, in each year, after receiving such estimate, fix, in its discretion, by ordinance the percentage of taxes to be levied and col- lected for school purposes; provided, that the amount to be thus levied for school purposes shall not exceed thirty cents on each one hun- dred dollars valuation upon the assessment roll, but may be increased to forty cents by the consent of two-thirds of the Council; and that when collected it shall be immediately paid into the School Fund, to be drawn out only upon the order of the Board of Education. [Note Estimate by Board, Board of Education vs. Trustees, 96 Cal., 42.] 10. To establish regulations for the just and equitable disburse- ment of all moneys belonging to the Public School Fund. 11. To examine every demand payable out of the School Fund, and for good cause to reject any such demand, or to allow the same in whole or in part; and to compel the attendance of witnesses before the Board or any committee thereof in any matter under investigation. 12. To discharge all legal incumbrances now existing, or which may hereafter exist, upon any school property. 13. To prohibit any child under six years of age from attending the public schools, and to suspend or expel pupils for misconduct. 14. To dispose of and sell at public auction such personal property as shall no longer be required by the department. All moneys realized from such sales shall be paid into the Treasury to the credit of the School Fund. 60 CHARTER OF THE [Note See Sec. 185 post.] 15. To receive and manage property or money acquired by devise, bequest or donation in trust for the benefit of any school, educational purpose, or school property. 16. To exclude from the schools and school libraries all books, publications or papers of sectarian, partisan or denominational char- acter. 17. To furnish books for the children of parents unable to furnish them. The books so furnished shall belong to the city, and shall be kept in the libraries of the schools when not in use. 18. To keep a register at each school, open to the inspection ot the public, of all children applying for and entitled to admission in the schools, and to notify the parents or guardians of such children when vacancies occur, and to receive such children in the schools in the order in which they are registered. 19. To make an annual report on or before the first day of July in each year to the County Superintendent of Schools in the manner and form and on the blanks prescribed by the State Superintendent of Pub- lic Instruction. 20. To make a report whenever required, directly to the State Superintendent of Public Instruction, of the text-books used in the city schools. 21. Each member of the Board shall visit every school in the city at least once in each term, and examine carefully into its management, condition and wants. 22. It shall be the duty of the Board to prescribe a course of study that will fit and prepare the students therein to enter any of the de- partments of the University of the State of California. Such course shall be known as the High School Course. [Note The general law governing High Schools in municipalities is to be found in Sections 1669, 1670 of the Political Code, Stats. 1893. pp. 268-272. See also Sections 112, 128 of this Charter and notes thereto. See amendment of Sees. 1670 and 1671 of Pol. Code (Star. 1895, p. 293) and amendment of Sec. 1670 (Stat. 1897, p. 79-) 1 23. The Board may provide departments for the training of pupils in the industrial and mechanic arts, and shall have power to furnish such departments with necessary tools, apparatus and appliances. 24. And generally to do and perform such other acts as may be required by general law applicable to the city, and as may be necessary and proper to carry into force and effect the powers conferred on said Board, and to increase the efficiency of the public schools in the city. Sec. 115. The City School Superintendent and each member ot the Board shall have power to administer oaths and affirmations in all matters connected with the department. CITY OF OAKLAND, CAL. 61 Sec. 116. For all supplies, books, stationery, fuel, printing, goods, merchandise and all other materials and supplies for the public schools, or any of them, when the expenditure to be incurred on account of such matter may exceed one hundred dollars, the Board of Education shall make a requisition upon the Board of Public Works. Such requi- sition shall state in clear and explicit terms the quantity and kind of all articles needed and how, when and where to be delivered. Sec. 117. The Board of Education shall annually, at its first regular meeting in May, make such requisition for all supplies estimated to be required by the School Department for the ensuing fiscal year. Sec. 1 18. It shall be the duty of the Board to furnish annually in writing such information concerning the public schools of the city as may be required from it by law, or the State Superintendent of Public Instruction or the Council. Sec. 119. The Board of Education, at any time when deemed nece* sary may, by resolution passed at a regular meeting, make a requisition upon the Board of Public Works for plans and specifications and esti- mates for a new school house, specifying the location thereof, the number of class rooms needed, the date on which it should be com- pleted, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Pub- lic Works to prepare the necessary plans, specifications and estimates of the cost of such school house. Sec. 120. The Board of Public Works shall, within thirty days after the receipt of such requisition, submit in duplicate to the Board of Education, such plans, specifications and estimates, which the Board of Education may approve, reject or recommit it to the Board of Pub- lic Works. When approved, the date of approval shall be indorsed on each duplicate by the President and Secretary of the Board of Edu- cation; and thereupon one of said duplicates shall be filed with the archives of the Board of Education, and the other shall be returned to the Board of Public Works, which shall proceed without delay with the erection of such new school house in accordance therewith. Sec. 121. The Board of Public Works shall notify the Board of Education of the completion of such new school house. The Board of Education shall thereupon examine the same, and if built in accordance with the plans and specifications, and within the estimated cost thereof, shall accept, pay for and take possession thereof. Sec. 122. When any school house, building, fence, grounds or sidewalk under the control of the Board of Education needs repairing, altering, improving or additions, said Board shall notify the Board of Public Works, specifying in general terms the work to be done. If the cost of such repairing, altering, improving and additions shall not exceed two hundred dollars, the last named Board shall cause the same to be done forthwith, and report the completion thereof with an item- ized account of the cost to the Board of Education. If the cost of suc*i 62 CHARTER OF THE repairing, altering, improving and additions shall exceed said sum, the same proceedings shall be had as provided for the erection of a new school house. Sec. 123. Any School Director, officer, or other person officially connected with the School Department, or drawing a salary from the Board of Education, who shall, while an officer so connected or draw- ing salary, be interested either directly or indirectly in, or who shall gain any advantage or benefit from any contract, payments under which are to be made, in whole or in part, out of the moneys derived from the School Fund, or raised by taxation or otherwise for the support 01 ine public schools, or who shall gain or attempt to gain by reason of any official act or the promise of any official act, any consideration, advantage, or benefit from any teacher or any employe of the depart- ment, or from any applicant for a position in the department, shall forfeit his office and be forever disqualified from holding any position in the service of the city; and this provision shall not be construed to relieve such person from any other penalty, but shall be deemed cumu- lative to other penalties and disabilities for such acts and offenses. Sec. 124. The Board of Education shall, between the first and tenth days of June of each year, fix a schedule of salaries for teachers and employes of the School Department, to take effect on the first day of July following, and to remain in force during the fiscal year. Sec. 125. There shall be a City Board of Examination, which shall have the authority and shall be constituted, governed and compen sated as provided in Article XVII., Chapter III., Title III., Part III. of the Political Code and all acts amendatory thereof and supple- mental thereto and the holders of the certificates, granted by the Board of Examination, shall be entitled to the same protection and subject to the same rules and regulations as are provided in said Article XVII. [Note i The portion of the Political Code herein referred to is to be found in Sections 1787 to 1/94, inclusive.] [Note 2 The Superior Court of this county has decided that the Constitution, Art. IX., Sec. 7, does not require the holding of a county certificate to render a teacher eligible to employment by the City Board of Education. See the case of ''Campbell vs. Campbell," No. 4635, decided Oct. 6, 1887; Hamilton, Judge.] Sec. 126. It shall be the duty of the Board of Education immed- iately after its organization, to elect a City School Superintendent, who shall be an experienced teacher, and whose term of office shall be four years. The City School Superintendent may appoint an assistant, who shall also be an experienced teacher, and whose salary shall be fixed by the Board. Sec. 127. The City School Superintendent shall act as Secretary and book-keeper of the Board of Education, and perform the clerical CITY OF OAKLAND, CAL. 63 duties required by such Board. In the absence of the Sup rintendent and his assistant, the Board of Education may appoint one of their own number to act as Secretary. It shall be the duty of the Superintend- ent, for good and sufficient cause, to provisionally suspend any teacher employed in the schools of the city until the next meeting of the Board. It shall be his duty to report to the Board of Education an- nually, and at such other times as it may require, all matters pertaining to the expenditures, income and condition and progress of the public schools of said city during the preceding year, with such recommenda- tions as he may deem proper, to visit each school at least once a month, to observe and cause to be observed such general rules for the regu- lation, government and instruction of the schools as may be established by the Board; to recommend to the Board for good cause the dis- missal of teachers and the cancellation of their certificates, stating the reason therefor; to attend all sessions of the Board, and inform them at each session of the condition of the public schools, school houses. School Fund and other matters connected therewith, and recommend such measures as he may deem necessary for the advancement of edu- cation in the city; to acquaint himself with all the laws, rules and regu- lations governing the public schools in the city, and the judicial decis- ions thereon, and give advice connected with the public schools, gratui- tously, to officers, teachers, pupils and their parents and guardians. Sec. 128. The School Fund shall consist of all moneys received from the State and County School Fund; of all moneys arising from taxes, which shall be levied annually by the Council for school pur- poses; of all moneys arising from the sale, rent or exchange of any ot the school property, and of such other moneys as may, from any source whatever, be paid into the School Fund, which fund shall be separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this Charter. If, at the end of any fiscal year, any surplus remains in the School Fund, such surplus shall be carried forward to the School Fund of the next fiscal year, and shall not be for any purpose whatever diverted or withdrawn from said fund, except under the provisions of this Charter. [Note. By the general law, (Sec. 1617, Political Code,) which supersedes all conflicting Charter provisions, each incorporated city constitutes a school district under our common school system, and the Board of Education is required "to pay all moneys collected b> them from any source whatever for school purposes into the County Treasury," to be placed to the credit of the School Fund of the city. The County Superintendent of Schools is required to apportion to such fund, for the city as such school district, its proportion of the school moneys of the county (Sec. 1543, Pol. Code.) On the order of the Board of Education, it is the duty of the County Superintendent "to draw his requisition upon the County Auditor for all necessary ex- 64 CHARTER OF THE penses against the School Fund of any city," and "upon receipt of such requisition, the (County) Auditor shall draw his warrant upon the County Treasurer in favor of the parties, and for the amounts stated in such requisition." (Sec. 1543, Pol. Code.) See Kennedy vs. Miller, 97 Cal., 429. , An attempt was made, by amendment of Sec. 1543, Sub. 3, Political Code, in 1893, Stats. 1893, p. 240, to provide for the drawing out of the County Treasury in a lump sum of all school moneys apportioned to any city therein, but this amendment was declared unconstitutional in the case of Bruch vs. Colombet, 104 Cal., 347. Provision for the maintenance of the High School is made by Sec. 1670 of the Political Code, Stats. 1893, P- 268, as amended, Stat. 1895, p. 293, and Stat. 1897, p. 79, under which a special city tax levy is made, the money so raised to be paid into the City Treasury to the credit of the High School Fund, and to be paid out upon warrant of the Board. As to High Schools, see also Section 112 of this Charter, ante, and also Section 114, Subd. 22, ante.] Sec. 129. The School Fund shall be used and applied by the Board of Education for the following purposes, to-wit: 1. For the payment of the salaries or wages of the Superintend- ent, Assistant Superintendent, teachers, janitors, School Census Mar- shals and other persons who may be emplo} r ed by said Board. 2. For the erection, alteration, repairs, rent and furnishing of school houses. 3. For the purchase money or rent of any real or personal prop- erty purchased by or leased to said Board. 4. For the discharge of all legal incumbrances on any school property. 5. For lighting and heating the schoolrooms and the offices and rooms of the Superintendent and Board of Education. 6. For supplying the schools with fuel, water, apparatus, blanks, blank books and necessary school appliances, together with books for indigent children. 7. For supplying books, printing and stationery for the use of the Superintendent, Board of Education and Board of Examination and for the incidental expenses of the department. 8. For grading and improving school lots, and for grading, sewer- ing, planking or paving and repairing streets, and constructing and repairing sidewalks in front theieof. Sec 130. All claims payable cut of the School Fund shall be filed with the Secretary of the Board, and after thev shall have been ap- proved by a majority of all the members elected to said Board, upon a call of the ayes and noes, which shall be recorded, they shall be signed by the President of the Board and by the City School Superintendent. Every demand shall have indorsed upon it a certificate of its approval. All demands for salaries shall be paid monthly, and all claims payable CITY OF OAKLAND, CAL. 65 out of the School Fund shall be by warrant, signed by the President and Secretary of the Board. Sec. 131. All demands authorized by this article shall be paid by the Treasurer from the School Fund, when the same shall be pre- sented to him, approved by the Board and duly audited by the Auditor: provided that no demand shall be paid except upon such a warrant as aforesaid, duly indorsed by the payee named therein; and provided further, that the said Board shall not have power to contract any debts or liabilities, in any form whatsoever, against the city in contraven- tion of this article or exceeding in any year the income and revenue provided for the School Fund for such year. [Note See note to Section 128 ante; Section 131 construed, in re Wetmore, 99 Cal., 148.] Sec. 132. In case of disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Council, incur extraordinary expenditures in excess of the annual limit provided by law and in this Charter for the repair, construction and furnishing of school houses; and the Council may by ordinance cause to be transferred to the School Fund from moneys in any other fund not otherwise appropriated sufficient moneys to liquidate such extraordinary expenditure. PUBLIC LIBRARIES. Sec. 133. There shall be maintained in the City of Oakland free public libraries and reading rooms, as provided for by the Act of the Legislature of this State entitled "An Act to Establish Free Libraries and Reading Rooms," approved April 26, 1880, and such other Acts of the Legislature as may be hereafter enacted, amendatory thereof and supplemental thereto. [Note. The Act of the Legislature referred to in the foregoing section of the Charter ( Stats. 1880, State Ed. p. 231, Bane. Ed. p. 524) is as follows: An Act to establish free public libraries and reading rooms. The People of the State of California, represented in Senate and Assembly, do enact as follows: Section i. For the purposes of this Act, cities of this State are classified as follows: 1. Cities of less than one hundred thousand population. 2. Cities of more than one hundred thousand population. Sec. 2. The municipal authorities of any incorporated city of this State are authorized and empowered by a resolution duly passed for that purpose to levy and collect, as in other cases, annually, a tax not to exceed one mill on the dollar for the purpose of establishing and 66 CHARTER OF THE maintaining in such city free public libraries and reading rooms, and purchasing such books, journals and other publications, purchasing and leasing such real and personal property and erecting such buildings as may be necessary therefor. Sec. 3. All money and revenue paid, collected or received by authority of anything herein contained, whether by taxation, gift, devise, bequest or otherwise, shall belong to and be known and desig- nated as the "Library Fund," and shall be paid into the proper city treasury and there kept separate and apart from other funds, and be drawn therefrom as hereinafter provided, but only to be used and ap- plied to the purposes herein authorized. Sec. 4. All property, real and personal, acquired by purchase, gift, devise, bequest or otherwise, under the provisions of, or for any pur- pose authorized by, this Act, shall vest, be and remain in the proper city, and may be protected, defended and sued for by action at law or otherwise in the name of such city, as in other cases. Sec. 5. In a city of less than one hundred thousand population, five Trustees shall be elected at the same time and in the same manner as the other town officers are elected. They shall hold office the same length of time to carry into effect the provisions of this Act. Sec. 6. In a city of more than one hundred thousand population, the Mayor or other chief executive officer, during his continuance in office, and eleven citizens thereof, to be appointed by the Governor of this State, shall constitute the first Board of Trustees of any library or reading room established or acquired in such city under this Act. Sec. 7. The office of the Trustee shall be honorary, without salary or other compensation, and shall continue during good behavior; but for good cause a Trustee may be removed from office by proceedings in the Superior Court in behalf of the proper city in manner provided for the removal from office of other city officers. Sec. 8. The Trustees of any library or reading room established or acquired by authority o x f this Act shall take charge of the same and of all real and personal property thereunto belonging, or that may be acquired by loan, purchase, gift, devise or otherwise. They shall meet for business purposes on the first Tuesday of each month, and at all such other times as they may appoint, at a place to be provided for the purpose, and a majority of all their number may constitute a quorum for business. They may appoint one of their number to act as Presi- dent of their Board, and may elect a Librarian. They shall also elect a Secretary, who shall keep a full statement and account of all the property, money, receipts and expenditures, and a record and full minutes in writing of all their proceedings. The Secretary may certify to such proceedings, or any part or portion thereof under his hand, verified by an official seal adopted and provided by the Trustees for that purpose Sec. 9. Such Trustees, by a majority vote of all their members. CITY OF OAKLAND, CAL. 67 to be recorded in the minutes with the ayes and noes at length, shall have power, First To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of suoh library and reading room, and all property belonging thereto, or that may be loaned, devised, bequeathed, or donated to the same. Second To exercise and administer any trust declared or created for such library or reading room, and to provide memorial tablets and niches to perpetuate the memories of those persons who may make valuable donations thereto. Third To remove any Trustee who may neglect to attend the meetings of the Board of Trustees, or who may absent himself from such meetings, or without the consent of the Board from the State for three consecutive months; and to fill all vacancies that may from any cause occur in the Board. Fourth To define the powers and describe the duties of any and all officers, determine the number, and elect all necessary subordinate officers and assistants, and at their pleasure remove any officer and assistant. Fifth To purchase necessary books, journals, publications, and other personal property. Sixth To order the drawing and payment, upon properly authen- ticated vouchers, duly certified by the President and Secretary, ot money from out the Library Fund for and liability or expenditure herein authorized; and generally to do all that may be necessary to fully carry into effect the provisions of this Act. Seventh To fix the salary of the Librarian, Secretary and other subordinate officers and assistants, and by and with the consent and ap- proval of the legislative or other proper authority of the proper city, expressed by resolution duly passed, to purchase said real estate, erect and equip such buildings as may be necessary for such library and reading room. Sec. 10. The orders and demands of the Trustees of any such library or reading room of any city, then duly made and authenticated as above provided, shall be verified and audited by the auditing officer and paid by the Treasurer of said city out of the Library Fund prop- erly belonging thereto, of which full entry and record shall be kept as in other cases. Sec. ii. The Trustees of such library or reading room, on or before the first Monday of July of each year, shall make an annual report to the municipal authorities of their city, giving the condition of their trust, with full statements of all property and money received, whence derived, how used and expended; the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise during each year, the number lost or missing, the number and character of those loaned, and such other statistics, information 68 CHARTER OF THE and suggestions as may be of general interest. A financial report showing all receipts and disbursements of money shall be made by the Secretary of the Board of Trustees, duly verified by his oath. Sec. 12. The proper municipal authorities of any city wherein a public library or reading room may be established shall have power to pass ordinances for the protection of the same and all property thereto belonging, and for imposing penalties for the punishment of persons committing injury to such library or reading room, or the property or books thereof, or for failure to return any book or other property be- longing thereto. They shall also have power, by a resolution duly passed for such purpose; to grant, donate, authorize the use of either, in whole or in part, any land, square or real estate belonging to such city or town, or dedicated to public use therein, for the purpose ot erecting and maintaining a building to be used only for a public library and reading room as herein authorized. Sec. 13. The words "city" or "cities," wherever used in this Acr, are intended to and shall include all incorporated cities and towns, and cities and counties with consolidated government, and shall be con- strued accordingly. Sec. 14. An Act entitled "An Act to establish and maintain free public libraries and reading rooms," approved March the eighteenth, eighteen hundred and seventy-eight, is hereby repealed. All libraries and reading rooms heretofore established by authority of the last men- tioned Act in any city or town, or city and county, and all property, real or personal, thereto belonging, shall be turned over to the charge, custody and administration of such Trustees as may be continued or appointed therein respectively under the provisions of this Act, with like powers and liabilities, as if such library had been established under this Act. Sec. 15. This Act shall take effect on the first day of May, A. D. eighteen hundred and eighty.] ARTICLE VIII. REVENUE AND TAXATION. Sec. 134. On or before the last Monday of August in each year the Auditor shall prepare and transmit to the Council, accompanied with the estimates and reports of each department, which he shall require to be delivered to him, an estimate of the probable necessities CITY OF OAKLAND, CAL. 69 of the city for the current fiscal year, giving the amount required to meet the interest and sinking funds for any and all outsand- ing funded debts, together with the amount needed for sal- aries and probable wants of all the departments of the municipal government in detail, and showing the necessities of each of the several funds to be provided for in the the necessities of each of the several funds to be provided for in the Treasury. The estimate shall also show, as nearly as may be, what amount of income and revenue is likely to accrue to the Treasury, and be collected from the fines, licenses and all other sources of revenue, exclusive of tax upon property; and shall give an estimate of what amount will be required to be levied and raised by tax upon all property in the city, in order to meet the necessities of such fiscal year. [Note As to extension of time, see Sec. 140 of this Charter, post.] Sec. 135. The Council shall, before fixing the rate of the annual city tax, establish, by ordinance, separate funds, representing the sev- eral funded obligations of the city, if any, and the several departments requiring municipal expenditures, including a General Fund; and the percentage of said levy shall be named for each fund, and the whole amount of taxes and revenue of the city apportioned accordingly; and no transfer shall be made except of balances in excess, or from the General Fund to meet deficiencies, or to provide for the redemption oi city bonds. Sec. 136. The Council shall, on or before the first Monday ot October in each year, by ordinance, fix the rate of taxes to be levied, and levy the taxes upon all property, both real and personal, in the city, necessary to raise sufficient revenue to carry on the various de- partments of the municipal government for the current fiscal year; provided, that the rate of taxes so levied shall not exceed, in any year, one dollar for each one hundred dollars upon the assessment roll, except for the payment of the principal and interest of the bonded debt of the city. [Note. Compare with Sec. 3714, Political Code as to County levy.J Sec. 137. Except as in this article otherwise provided, the assess- ment of property taxable in the city for municipal purposes, the equal- ization of assessments and collection of taxes, and the sale of property for unpaid taxes and the redemption of property sold for taxes, shall be made and had at the same time and manner, and with like effect, as now or may be hereafter provided by law for the assessment of property, equalization of assessments, levy and collection of taxes and sale of property for unpaid taxes for State and county purposes, and redemption thereof; and all provisions of law applicable to such assess- ment, equalization, levy, collection and sale for State and county pur- poses, are hereby applied to and shall be the law governing such 70 CHARTER OF THE assessment, equalization, levy, collection and sale for municiapl pur- poses; and the respective officers of the city shall have, possess and perform the same powers and duties in all matters concerning revenue and taxation for municipal purposes as are by law conferred or im- posed upon county officers in matters concerning revenue and taxation for State and county purposes; and to that end: Is t All powers and duties so by law conferred or imposed upon the County Assessor are hereby conferred and imposed upon the City Assessor. 2d All powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred and imposed upon the Council. 3d All powers and duties so by law conferred or imposed upon the District Attorney are hereby conferred and imposed upon the City Attorney. 4th All powers and duties so by law conferred or imposed upon the County Tax Collector are hereby conferred and imposed upon the City Tax Collector. 5th All powers and duties so by law conferred or imposed upon the County Treasurer are hereby conferred and imposed upon the City Treasurer. 6th All powers and duties so by law conferred or imposed upon the County Clerk or County Auditor are hereby conferred and im- posed upon the City Clerk and City Audtior. The Assessor need not require from any person any statement as to any property not taxable in the city, nor transmit or send to any officer other than the officers of the city any statement or report whatsoever, nor make any record or entry as to equalization by the State Board of Equalization, or as to school, road or other districts. Sec. 138. On or before the last Monday in July in each year the Assessor shall complete his list, or assessment roll, and shall attach his certificate thereto, and deliver it, and the books, and any maps he may have accompanying the same, and all the original lists of prop- erty given to him, to the City Clerk, and the Clerk shall thereupon notify the Board of Equalization and the taxpayers of the fact by post- ing three notices specifying the time of the meeting of said Board for the purpose of equalizing the taxes. Said roll shall be kept open in his office for public inspection. [Note i. In the engrossed copy of the joint resolution approving the Charter, the word "last" at the beginning of this section was re- placed by the word "first" (Stats. 1889, p. 559,), although the reso- lution was correct as introduced, the change first appearing by erasure in Senate Journal No. I, p. 222.] [Note 2. As to extension of time, see Sec. 140, post.] CITY OF OAKLAND, CAL. 71 [Note 3. In Buswell vs. Board of Supervisors, 116 Cal., 351, the Supreme Court in construing Sec. 3672 of the Political Code, held the provisions of said sections, as to time, directory only.] Sec. 139. The Assessor must make the abstract provided for in Section three thousand six hundred and seventy-eight of the Political Code. Should any such abstract or list be found to contain any instru- ment relating to lands situated partly within and partly without the city, it shall be the duty of the Assessor to determine the proportion of valuation of such instrument to be assessed in the city and assess the same accordingly. Sec. 140. The Council may, by an order entered upon its journal extend for not exceeding thirty days the time fixed in this article for the performance of any act. Sec. 141. The Tax Collector must, at least once in each month, and oftener, if required by the Council, settle with the Auditor and pay into the Treasury the full amount of money received by him for the city. Sec. 142. All fines and forfeitures arising under the revenue and taxation laws, as applied to the city, may, in civil cases, be recovered in the name of the city, and, together with all other moneys collected or received by any officer of Ihe city under said laws, shall be for the use of the city. When real estate is offered for sale for city taxes due thereon, the same shall be struck off and sold to the city in like case and in like manner and with like effect as it may be struck off or sold to the State when offered for sale for State or county taxes, and the Council shall have the same powers and duties in relation to such property as is by law given to the State Board of Equalization in case of a sale to the State; and no certificate or receipt need be delivered to the State Controller. Sec. 143. The Council shall have and exercise the powers and duties conferred and imposed upon the State Board of Equalization by Section three thousand eight hundred and twelve, and three thousand eight hundred and fourteen of the Political Code, or by any Acts amendatory thereof or supplemental thereto. Sec. 144. No city officer shall be required to send or transmit any statement or report to any State officer or Board. Sec. 145. All papers and instruments required to be filed or re- corded with or by the County Recorder by the revenue and taxation laws shall, under said laws as applied to the city, be in like manner and with like effect filed with and recorded by the County Recorder of Alameda county. Sec. 146. The Assessor shall be governed, as to the amount of taxes to be by him collected on personal property, by the city lax rate of the previous year. Sec. 147. The assessment of property within the city, made by the County Assessor of Alameda county and the State Board of Equaliza- 72 CHARTER OF THE tion, shall be the basis of taxation for the city, as provided for by Section 3671 of the Political Code; provided, that if any property in the city shall not be assessed by the County Assessor, the City Assessor shall assess and enter the same in the ''Subsequent Assessments," pro- vided ior in the next section. Sec. 148. It shall be the duty of the Assessor, at any time subse- quent to the first Monday in July and prior to the fourth Monday in August of each year, to assess any property which shall not be on the tegular list, and he shall enter such assessment in a separate portion of the tax list or assessment roll, under the head of "Subsequent Assess- ments," and shall deliver the same, certified by him, or a true copy thereof, to the City Clerk, to be by him compared with the entries on the assessment roll. Sec. 149. Whenever the Council shall determine that the public interest requires the construction or acquisition or completion of any permanent municipal building, work, sewer, property, water rights, bridges or improvement, the cost of which, in addition to the other expenditures of the city, will exceed the income and revenue provided for in any one year; they may by ordinance submit a proposition to incur a debt for such purpose and proceed therein as provided in Sec- tion 18 of Article XI. of the Constitution of this State and general law; provided, that such indebtedness shall not bear more than 5 per cent, interest per annum, and that no bond issued therefor shall be sold for less than par value and to the highest bidder, after advertising for sealed proposals therefor. Nor shall any such bonds be issued or sold during any one year in excess of the actual expenditure incurred in that year. [Note For the general law as to issuance of bonds for parks and boulevards, see Stats 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 309. See also Sub. 40, of Sec. 31 of this Charter, ante. ARTICLE IX. POLICE AND FIRE DEPARTMENT. Sec. 150. The Police and Ffre Departments shall be under the management of a Board of three Commissioners. The members of the Board of Public Works shall be ex-officio the Board of Commissioners of the Police and Fire Departments. CITY OF OAKLAND, CAL. 73 Sec. 151. Immediately after their appointment and qualification as Commissioners of the Board of Public Works, they shall organize as a Board of Commissioners of the Police and Fire Departments, and elect one of their number President, who shall hold his office for the term of one year. The Secretary of the Board of Public Works shall act as the Secretary of the Board of Police and Fire Commissioners. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes, and may require bonds from any of its subordinates for the faithful per- formance of their duties. Sec 152. The Board shall hold a regular meeting at least once a week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on a day and at an hour fixed by resolution, entered upon its rec- ords, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public; two members shall constitute a quorum, and the votes of two members shall be sufficient to pass any order or resolution; pro- vided, however, that executive sessions may be held in special cases by unanimous vote. No business shall be transacted at a special or ad- journed meeting of the Board, except such as may have been made the special order of business for such meeting, or such as may have been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. The Board shall cause to be kept a record of its proceedings. It may when it shall deem it expedient, and shall, when required by the Coun- cil or the Mayor, furnish such data or information as may be required. Sec. 153. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners pres- ent at the meetings, and giving the ayes and noes upon all the votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall perform such other duties as the Board shall prescribe or direct. Sec. 154. The officers, members and employes of said Police and Fire Department shall be appointed by said Board, but no appoint- ments or removals shall be made for political reason, nor shall any re- moval be made except for cause established to the satisfaction of the Board. Sec. 155. Said Board shall have power: 1. To prescribe the qualifications, duties, badges of office and uni- forms of the officers, members and employes of said departments. 2. To prescribe rules and regulations for the government and disci- pline of the same, and prescribe and enforce penalties for their viola- tion. 3. To hear and summarily determine all complaints of misconduct, inefficiency or violation of the rules, or other charge against any officer, 74 CHARTER OF THE member or employe of said departments, and to take such action thereon as shall be most conducive to the maintenance, discipline and efficiency of such dapartments. 4. To appoint, in their discretion, special policemen, who shall be under the supervision and control of the Chief of Police, and to re- move the same at pleasure; provided, however, that the compensation of said special policemen shall in no event be chargeable to the city, unless appointed by authority of the Council. 5. To make all necessary rules and regulations to carry into exe- cution the foregoing powers and all other powers vested in said Board by this Charter, or by any ordinance of the Council passed pursuant thereto, or by the Constitution and laws of this State; and, in general, to manage and control said departments. Sec. 156. The Board shall have the custody and control of the houses, engines, hose carts, trucks, ladders, horses, telegraph lines, stables, and all other property and equipments now or hereafter used or belonging to the Police or Fire Departments. Sec. 157. The Board shall annually, on or before the last Monday of July, report to the Auditor an estimate of the amount of money that will be required to pay all salaries and expenses of the Police Depart- ment and the Fire Department and of the Fire Alarm and Police Tele- graph for the ensuing year, specifying in detail the proper items for which the same will be required. Sec. 158. Each claim against the Police Department or Fire I partmcnt shall be approved by the Board in open session, which ap- proval shall be entered in the minutes of the Board. No such claim shall be allowed or ordered paid by the Council until the same has been so approved by said board, and has indorsed thereon such approval, authenticated by the signatures of the President and Secretary of the Board. Sec. 159. The Board shall determine and report to the Coun< to the necessity of constructing cisterns and erecting hydrants in par- ticular localities, the necessity for additional apparatus, materials, sup- plies, engines, horses, hooks and ladders; and also as to alterations and repairs required, and as to materials and supplies required for the efficient working of the Fire Alarm and Police Telegraph hereinafter provided for; but the action of the Board with respect to the necessity of these matters shall be -only advisory to the Council, and none of the matters and things in this section enumerated shall be done or pro- vided until the same shall have been authorized by the Council. All contracts let and work ordered for said Police and Fire Departments, and said Fire Alarm and Police Telegraph, shall be let and ordered by the Board of Public Works; and the Board of Public Works shall see that the same are faithfully carried out and performed; provided, how- ever, that the Board of Police and Fire Commissioners shall have power to make repairs upon engines and other property in their cus- CITY OF OAKLAND, CAL. 75 tody and under their control, when the necessity for such repairs is urgent and the cost thereof does not exceed the sum of fifty dollars. Sec. 160. The Council shall maintain a Fire Alarm and Police Telegraph, which shall be in charge of the Board of Police and Fire Commissioners, who shall manage and control the same and appoint the Superintendent thereof in like manner with other employes of the Police and Fire Departments. Sec. 161. The Police Department shall consist of a Chief of Police and such Captains, detectives and other policemen, not exceeding in the aggregate forty, as the Board may determine to be necessary. The Fire Department shall consist of a Chief Engineer and as many drivers, hosemen and other employes, not exceeding in the aggregate seventy, as the Board may deteimine to be necessary. The Board may, with the consent of the Council, evidenced by ordinance, add to the above numbers from time to time, should the increase of popu- lation and public interest so require. Sec. 162. Any officer or member of the Police or Fire Depart- ments or of the Fire Alarm and Police Telegraph, other than the Police and Fire Commissioners, guilty of any legal offense or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or conduct injurious to the public peace or welfare, or detrimental to the efficiency of the department of which he may be an officer or member, or breach of discipline or efficiency, or (in case of a police officer) of conduct unbecoming an officer, shall be liable to be punished by reprimand, forfeit of pay for a specified time, suspension or dismissal from the department of which he may be an officer or member; but not more than thirty days' pay shall be for- feited for any one offense. All moneys so forfeited shall be paid into a fund, to be established and maintained, under such regulations as the Board may adopt, for the benefit of the sick and disabled mem- bers and the families of deceased members of the department of which the accused my be an officer or member. The Board shall annually render to the Council a verified, itemized account in writing of all moneys so received and disbursed during the preceding year. Sec. 163. In all investigations or trials conducted by said Board, the President thereof shall have the power to issue subpoenas for the attendance of witnesses and production of 'papers before it. Such subpoenas shall be served by any policeman. Any member of the Board may administer oaths and affirmations in the conduct of said investigations. 7 6 CHARTER OF THE ARTICLE X. HEALTH DEPARTMENT. Sec. 164. There shall be a Health Department under the manage- ment of a Board of Health, to consist of five members, who shall be appointed by the Mayor, and whose terms of office shall be two years. The members of said Board must be residents of the City of Oakland, physicians in good standing and graduates of some medical college. Sec. 165. The members first appointed shall, immediately after their appointment and qualification, so classify themselves by lot, that two of them shall go out of office at the end of one year, and three of them at the end of two years, after their appointment. They shall elect one of their members as President of the Board, who shall hold office for one year. Any member failing to qualify within ten days after his appointment shall be deemed to have declined the office, and a new appointment shall be made. Three members shall constitute a quorum for the transaction of business. No measure shall be passed without the concurrence of a majority of the whole Board. The mem- bers of said Board shall receive no compensation. Sec. 166. The Board of Health shall be provided by the Council with a suitable office, which shall be known as the Health Office, in which they shall hold their official meetings at least once a month, and also whenever requested in writing by three members of the Board, or by the Presiednt thereof. [Note See Sec. 106 post.] Sec. 167. The Board of Health, subject to the ordinances of the Council, shall have general supervision of all matters appertaining to the sanitary condition of the city, including the sewers, jails, hos- pitals and all public city institutions. Sec. 168. The Board shall, on or before the first Monday of July, make an annual report of the affairs of the Health Department to the Council and shall include therein the annual report of the Health Officer; and shall at the same time furnish the Auditor a detailed statement of the amount of money that will be required for the Health Department during the ensuing fiscal year; and the Council may pro- vide for the raising of such amount, or so much thereof as in their judg- ment may be necessary. All expenditures of the Board shall be subject to allowance by the Council in the same manner as the expenditures of other branches of the municipal government. CITY OF OAKLAND, CAL. 77 Sec. 169. The Board shall appoint and may remove at pleasure a Health Officer, who shall also act as City Physician, and whose com- pensation shall be fixed by the Council. He must be at least thirty years of age, a graduate of u regular medical college and a resident for three years in the city. He must reside within the city limits, ami must execute an official bond in such sum as the Council may direct. The Board may appoint and remove at pleasure a Secretary, who shall keep a record of the proceedings of the Board, and perform such other duties as may be prescribed by the Board, and whose compen- sation shall be fixed by the Council. Sec. 170. The Health Officer shall be the executive officer of the Board, and shall see that all laws and ordinances relating to the public health, and the rules and regulations of the Board of Health are en- forced. He must make to the Board an annual report of the affairs of his office, including mortuary and other statistics, with such general observations as in his judgment might benefit the sanitary condition of the city. He shall in person visit once in each quarter all the public schools and other public institutions in the city. During such visits he shall examine the buildings in regard to the manner in which they are lighted, ventilated, heated, and particularly in regard to their sani- tary condition. In the months of January, April, July and October, he shall report to the Board the result of his examinations. Sec. 171. Whenever it shall be certified to the Board of Health by the Health Officer that any building or part thereof is unfit for human habitation by reason of its being so infected with disease, or from other causes, as to be likely to cause sickness amongst its occu- pants, said Board may issue an order, and cause the same to be affixed conspicuously on the building, or front thereof, and to be personally served upon the owner, agent or lessee, if the same can be found, re- quiring all persons therein to vacate such building for the reasons to be stated therein as aforesaid. Such building or part thereof, shall within ten days thereafter, be vacated, or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said Board, if it should become satisfied that the danger from the building or part thereof has ceased to exist, may revoke said order. [Note See Ordinance No. 1532.] Sec. 172. Every physician in the city shall immediately report to the Health Office, in writing, every patient he shall have sick ot typhus, ship or yellow fever, Asiatic cholera or smallpox, and shall report to the Health Office every death from such disease, immed- iately after it shall have occurred. Also, every householder in said city shall forthwith report in writing to the Health Office the name of every inmate of his or her house, whom he or she shall have reason to believe sick of typhus, ship or yellow fever, cholera or smallpox, and any deaths occurring at his or her house from such diseases. 78 CHARTER OF THE [Note See Ordinance No. 1293.] Sec. 173. The Health Officer shall immediately report to the City School Superintendent the names and residences of every person sick of typhus, ship or yellow fever, Asiatic cholera or smallpox, or any other contagious disease he may deem dangerous to public health; and it shall he the duty of the City School Superintendent, when so notified of the residence of any person, sick of any of the diseases enumerated, to refuse admittance to the public schools to any member of a household, one or more of whose inmates are sick of any of the aforesaid diseases; provided, that the parties excluded shall be re- admitted upon presenting a certificate from the Health Officer that there is no longer any danger from contagion. Sec. 174. Whenever a case of smallpox or Asiatic cholera, or yellow fever is reported to the Health Officer, he shall immediately visit the premises where the person is; and the said Health Officer, upon personal inspection, shall, in case of smallpox, Asiatic cholera or yellow fever, immediately cause to be displayed a quarantine flag in a conspicuous place on said premises, and put upon the doorway ot houses infected with such diseases, a placard setting forth the fact, the same to remain during the continuance of the disease on said premises. Sec. 175. The Board may locate, establish and maintain Pest- houses, and discontinue and remove the same, when and where such location, establishment and maintenance or discontinuance and re- moval may be necessary to the preservation of public health. They may appoint and remove at pleasure such physicians and nurses (whose compensation shall be fixed by the Council) for said Pesthouses as may be necessary to maintain the efficiency of the same and comfort of the inmates; and may cause to be removed thereto and kept, any person affected within, the limits of the city, with smallpox, Asiatic cholera or yellow fever; provided, that no person, unless he is unable or refuses to maintain such quarantine as may be prescribed by reso- lution of the Board, shall be so removed to any Pesthouse. The Board may make all rules and regulations regarding the conduct of said Pesthouses as may be needful. No person shall remove a patient affected with such disease from any house or place within the limits of the city to any other house or place, without the permission of the Health Officer. Sec. 176. The Board may proclaim such quarantines and establish and declare such quarantine districts and grounds and the boundaries thereof as may, in their judgment, be necessary for the preservation of public health; and may, when deemed necessary, require all vessels, railroad cars or other public conveyances, before the same shall land or stop at any landing, depot or stopping place in the city, to stop or touch at any or either of the districts, grounds or boundaries so se- CITY OF OAKLAND, CAL. 79 lected, and established for quarantine purposes, and leave all such per- sons with their stores and baggage, as in the opinion of the Health Officer or physician stationed at such quarantine sites, places or bound- aries, shall be deemed proper on account of the existence or general report of Asiatic cholera, smallpox or yellow fever. [Note See Ordinance No. 1456.] Sec. 177. The said Board shall make such rules and regulations for the government of the quarantine or the health of the city, as from time to time they shall deem necessary, and the physicians or healtli officers in charge of any quarantine station or place, shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the city in and about said quarantine stations or places, to carry out and obey the same. Sec. 178. The Board of Health shall cause to be kept a record of all births and deaths occurring in said city; such records must be kept in the Health Office, and shall be open for inspection of any per- son during office hours. All physicians and midwives in the city shall report to the Health Office, on or before the fifth of each month, all births occurring in his or her practice during the previous month. [Note See ordinance No. 1348. As to death certificates, see Or- dinance No. 1331.] Sec. 179. No person shall deposit in any cemetery the body of any human being who has died in the city, or remove the same from within the limits of the city, without having first obtained and filed at the Health Office a certificate, signed by a physician or Coroner, set- ting forth as nearly as possible the name, age, sex, color, place of birth, occupation, date, locality and cause of death of deceased, and obtained from the Health Officer a permit in writing therefor, for burial or other purposes. Physicians, when deaths occur in their practice, must give the certificate herein mentioned, unless the physi- cian believes the death to be a proper case for investigation by the Coroner. [Note See Ordinance No. 1331.] No body of a human being who has died without the limits of the city, and no body or remains of a deceased person exhumed or taken from any grave, vault or other place of burial or deposit, within or without the city, shall be transported in or through the streets or highways of the city, unless the person or persons transporting such body or remains shall first obtain from the Health Officer a permit in writing therefor, which shall accompany the body or remains. 80 CHARTER OF THE [Note See Ordinance No. 1331; also Ordinance No. 1360.] Sec. 180. The permits in the last section may be granted in the scretion of the Board of Health, under such general restrictions and conditions as the Board may prescribe. The Health Officer shall repare a book of blank permits, in proper form and consecutively lumbered, containing stubs on which, as well as in the permit, shall e entered a record, giving the name, age, sex, nativity, place of rial, and destination of remains to be transported or removed. Sec. 181. The Board of Health must exercise a general supervis- n over the death records of the city, and may adopt such forms and regulations, not inconsistent with law and the ordinances of the Duncil, for the use and government of physicians, undertakers and permtendents of cemeteries, as in their judgment may be best cal- culated to secure reliable statistics of mortality in the city and pre- vent the spread of disease. Sec. 182. The Council must, by ordinance or otherwise, provide the enforcing of such orders and regulations as the Board of iealth may adopt and the Council approve. All expenses, which in s opinion of the Council are necessarily incurred in carrying out > provisions of this Article, must be provided for by the Council. Sec. 183. In addition to the powers and duties in this Article enumerated the Board shall have such other powers and perform ich other duties as may be prescribed by ordinance of the Council or by general laws. Sec. 184. Any member of the Board of Health or the Health Officer may administer oaths on business connected with the Health Department. ARTICLE XL MISCELLANEOUS PROVISIONS. Sec 185. Unless otherwise provided in this Charter, all contracts r work or supplies of any kind for more than one hundred dollars 1 be let to the lowest bidder, after notice given by posting the : for ten days and by publishing the same for five days- and al! or leases of property belonging to the city shall be by public auction to the highest bidder, upon such terms and conditions as the ouncil may by ordinance direct, and after like notice given. CITY OF OAKLAND, CAL. 81 Sec. 186. No grant of any franchise by the Council shall have any validity or effect unless the person or persons to whom the same is made shall, within six months thereafter, actually and in good faith, and not colorably.. commence the exercise or enjoyment of the same, there being no legal impediment thereto; provided, that condemna- tion proceedings commenced and diligently prosecuted shall be deemed the exercise of a franchise, granted under subdivisions 28, 29, 30 and 31, Section 31, Article III., of this Charter. Whenever any franchise shall have been in disuse, in whole or in part, for the period of one year, there being no legal impediment to the use thereof, it 'shall be deemed abandoned and forfeited to the extent of such disuse, and the said franchise or that part thereof so in disuse shall no longer be exercised or enjoyed; provided, that the disuse of any portion of the franchise, unless permission be before obtained of the Council, shall be deemed a forfeiture of the whole. [Note For the general law as to time of commencement and completion, see Sec. 502, Civil Code. See also Sec. 20 and Subs, 28 to 33 and Sub. 37 of Sec. 31 of this Charter, ante, and notes to said Sub. 37. As to franchises antedating the Charter, see Sec. 205, post.J Sec. 187. Whenever, within the corporate limits of the city, two or more railroads, operated by steam power, cross each other on the same grade or level, the corporations operating the roads shall, within four months after the adoption of this Charter, or in case of roads now being or hereafter to be constructed, within four months after completion of crossings as above described, cause the erection and operation of a complete inter-locking safety switch and signal system, which said signal system shall be so constructed as to prevent col- lisions at such crossings between cars or trains of cars or locomotive engines running on the different roads. Failure, neglect or refusal to conform to the requirements of this section shall subject each cor- poration to a penalty of fifty dollars for each and every day during which said failure, neglect or refusal shall continue. Sec. 188. Any person holding a salaried office under this city, whether by election or appointment, who shall, during his term ot office, hold or retain any other civil office of profit or emolument under the government of the United States or of this State, or who shall hold any other office connected with the government of the city, or who shall become a member of the Legislature, shall be deemed thereby to have vacated the office held by him under the city govern- ment. Sec. 189. No member of the Council and no officer of or em- ploye of the city shall be or become, directly or indirectly "interested in or with the performance of any contract, work or business, or in the sale of any article, the expense, price or consideration of which is payable from the City Treasury, or in the purchase or lease of any 82 CHARTER OF THE real estate or property belonging to or taken by the city, or which shall be sold for taxes or assessments, or by virtue of legal process the suit of the city. Any member of the Council, officer or em- ploye of this city, violating the provisions of this section, or who shall be directly or indirectly interested in any franchise, right or privilege granted by the city, while he is such member, officer or employe, unless the same shall devolve upon him by law, shall forfeit s office and be forever disqualified from holding any position in the service of the city; and all contracts made, or right or franchise granted, in violation of this section shall be absolutely void. Sec. 190. No officer or employe of the city shall give or promise to give to any other person any portion of his compensation, or any money or thing of value, or any position, in consideration of having been or of being nominated, appointed, voted for or elected to any office or employment under the city. Any person violating the pro- visions of this section shall forfeit his office and employment under the city, and be forever disqualified from holding any position in the service of the city. Sec. 191. Any officer of the city who shall, while in office, ac- cept any donation or gratuity in money, or anything of value, either directly or indirectly, from any subordinate or employe, or from any candidate or applicant for any position under him. shall forfeit his office and be forever disqualified from holding any position in the service of the city. Sec. 192. All books and records of every office and department shall be open to the inspection of any citizen at any time during busi- ness hours. Copies or extracts from such books and records, duly certified, 1 be given, by the officer having the same in custody, to any per- son demanding the same, upon paying or tendering ten cents per folio of one hundred words. Sec. 193. Except as otherwise provided for by law or this Charter all public offices shall be kept open for business every day (except legal holidays) from half- past eight o'clock in the forenoon until five :lock in the afternoon; and in addition thereto, for two weeks before tes become delinquent in each year, the office of the Tax Collector shall be kept open until nine o'clock in the evening. Sec. 194. Whenever the Council shall adjudge it necessary for the :ity to take or damage private property for public uses, the Council may direct proceedings to be taken by the City Attorney under Title 7, part 3, of the Code of Civil Procedure, to condemn the same. [Note. For the general law as to condemnation proceedings see Sees. 1237 to 1263, Code of Civil Procedure.] Sec. 195. No office shall be created, nor shall any person be employed in any capacity, nor shall any officer, clerk or employe CITY OF OAKLAND, CAL. 83 receive any salary or compensation for any service of any kind unless the same is specially authorized by law or this Charter; provided, however, that when any officer or Board shall require additional em- ployes, application shall be made to the Council to authorize the ap- pointment of such additional employes; and thereupon the Council may, in its discretion, authorize such appointment and provide for the compensation of such appointees. Sec. 196. Whenever power is given in this Charter to call special meetings of the Council, Board of Education or any Board, the notice thereof shall be in writing, and shall specify the object of the meeting. The notice shall be served on each member personally or by mail, addressed to his place of residence; if by mail, the notice shall be de- posited in the Postoffice of the city at least twenty-four hours before the time of meeting. At such special meeting no subject shall be con- sidered except that specified in the notice. Sec. 197. Wherever this Charter provides for the posting of notices, such notices shall be posted at the front door of the City Hall, the United States Postoffice, and at the office of the body authorizing the notice. Sec. 198. Whenever a provision is made in this Charter wherein publication is required, such publication shall be made in a newspaper of general circulation printed and published in the City of Oakland, except as otherwise provided. bee. 199. Every officer shall hold his office until the expiration of the term for which he was elected or appointed, and until his suc- cessor is elected or appointed and qualified; and where no other period is prescribed, the term of such officer shall not exceed two years. An officer shall be deemed to have qualified when he has taken the oath of office and filed the same, together with his official bond, if a bond is required, as herein provided. Sec. 200. The Mayor, members of the Council, Auditor, Treas- urer, City Attorney, Police Judge, Commissioners of Public Works, School Directors, members of Board of Health and Health Officer must each, at the time of their election or appointment, have been a citizen of the United States and a resident and qualified elector of the city for three years next preceding their election or appointment. Sec. 201. All officers, deputies, clerks, assistants and other em- ployes of the city, and of the several departments thereof, must be citizens of the United States and, during their respective terms of office or employment, must, with the exception of teachers in the public schools, reside in the city and have been residents of the city one year next preceding their appointment. They and each of them shall perform such duties as may be required of them respectively by law, ordinance or this Charter, and shall only receive such compen- sation as may have been previously provided, and such compensation 4 CHARTER shall not be increased during the term of their respective offices or employment. Sec. 202. If any officer of the city shall remove from the city or absent himself therefrom for more than thirty days consecutively without permission of the Council, or shall fail to qualify by taking the oath of office and filing his official bond, whenever such official bond is required within ten days from the time his certificate of elec- tion or appointment is mailed or delivered to him, or shall resign or be convicted of felony, or adjudged insane, his office shall be vacant and the vacancy filled as herein provided. The Mayor shall have power to appoint suitable persons to fill vacancies in any office, except as in this Charter provided. The appointee shall hold for the unex- pired term and until the election and qualification of his successor. Sec. 203. Unless otherwise provided by law or this Charter, any officer, board or department authorized to appoint any deputy, clerk, assistant or employe shall have the right to remove any person so appointed. Sec. 204. All appointments of officers, deputies and clerks, to be made under any provision of this Charter, must be made in writing and in duplicate, authenticated by the person or persons, board or officer making the same. One of said duplicates must be filed with the City Clerk and the other with the Auditor. Sec. 205. All franchises and privileges heretofore granted by the city, which are not in actual use or enjoyment, or which the grantees thereof have not in good faith commenced to exercise, are hereby declared forfeited and of no validity, unless said grantees or their as- signs shall, within six months after this Charter takes effect, in good faith commence the exercise and enjoyment of such privilege or fran- chise. Sec. 206. Competent and experienced employes in the several de- partments shall not be unnecessarily removed. Sec. 207. All ordinances and resolutions of the city in force at the time this charter takes effect, and not inconsistent therewith, shall continue in force until amended or repealed; and all officers of the city in office when this Charter takes effect shall continue to hold and exercise their offices under and in accordance with the terms and pro- visions of this Charter, until the election or appointment and qualifica- tion of their successors, provided for herein. Sec. 208. The City Council of the present City of Oakland shall provide for the holding of the first election of officers under this Charter, and shall canvass the votes and declare the result. General Municipal Ordinances. GENERAL Municipal Ordinances OK THE - CITY OF OAKLAND, CAL. IN EFFECT OCTOBER' i, 1898. COMPILED BY AUTHORITY OF THE CITY COUNCIL UNDER THE SUPERVISION OF W. A. DOW, CITY ATTORNEY. CONTENTS ORDINANCES. Page. Chap. I. City Officers, Salaries, Etc 87 Chap. 1I. Municipal Licenses 109 Chap. III. Public Streets 134 Chap. IV. Police Department 204 Chap. V. Fire Department 209 Chap. VI. Fire L/imits 216 Chap. VII. Public Heahh 226 Chap. VIII. City Wharf, Dockage, Etc 264 Chap. IX. City Pound 271 Chap. X. Numbering of Buildings 277 Chap. XL Street and Steani Railroads 291 Chap. XII. Miscellaneous Penal Ordinances 314 Chap. XIII. Schedule of Sidewalk, Grade, Franchise, and Other Ordinances 359 Index to Ordinances 427 Numerical Index 395~397 GENERAL Municipal Ordinances CHAPTKR I. ORDINANCES RELATING TO MUNICIPAL OFFICERS. ORDINANCE No. 1336. AN ORDINANCE DEFINING THE SEAT OF GOVERNMENT OF THE CITY OF OAKLAND, AND LOCATING THE OFFICES OF THE CITY OFFICERS THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The seat of government of the City of Oakland is hereby declared to be, and is hereby established, at the City Hall and adjacent buildings located at the junction of San Pablo avenue and Fourteenth street, and being upon a portion of Block 253 in said city Section 2. The offices of all officers of the city, except the City Wharfinger and Poundmaster, are hereby located and established nt said City Hall and adjacent buildings; and all books, records, paper* and documents belonging and appertaining to the several offices ot the city, except as above provided, shall be kept in such offices as. above located, and in no other place, except by permission of the Council. 88 GENERAL MUNICIPAL, ORDINANCES Section 3. An ordinance entitled "An Ordinance Defining the Seat of the City Government of the City of Oakland and Locating the Several Offices Constituting the Same," approved March 23, 1871, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891, Vol. 3, p. 704.) ORDINANCE No. 915. AN ORDINANCE FIXING THE SALARY OF THE CITY WHARFINGER. The Council of the City of Oakland do ordain as follows: Section i. The salary of the City Wharfinger of the City of Oak- land is hereby fixed at one hundred dollars per month. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall take effect from and after its approval. (Approved October 18, 1882. Vol. 3, p. 91.) ORDINANCE No. 1020. AN ORDINANCE FIXING THE SALARIES OF CERTAIN EM- PLOYES OF THE CITY OF OAKLAND. 7 he Council of the City of Oakland do ordain as follows: Section i. (Repealed by Ordinance No. 1368, approved November 17, 1891. Vol. 3, p. 740.) Section 2. The salary of the Superintendent of the Fire and Police Alarm Telegraph is hereby fixed at one hundred and fifty ($150) dollars per month. OF THE CITY OF OAKLAND, CAL. 89 Section 3. (Repealed by Ordinance No. 1368, approved Novem- ber 17, 1891. Vol. 3, p. 740.) Section 4. All ordinances and parts of ordinances in conflict here- with are hereby repealed. Section 5. This ordinance shall take effect and be in force from and after its approval. [Approved August 17, 1887. Vol. 3, p. 259.) ORDINANCE No. 1113. AN ORDINANCE RE-ESTABLISHING THE OFFICE OF LI- CENSE INSPECTOR, DEFINING HIS DUTIES AND FIXING HIS SALARY. Be it Ordained by the Council of the City of Oakland as follows: Section i. The office of License Inspector of the City of Oakland is hereby re-established with the powers and duties hereinafter pro- vided. Section 2. The Mayor of the City of Oakland shall appoint a suitable person to the office of License Inspector. Section 3. The License Inspector shall act under the direction, and be subject at all times to the instructions of the Tax Collector. Section 4. The License Inspector shall have, and exercise, the same powers in the performance of his official duties as a police officer has and exercises in making arrests. He shall enter any place of business for which a license is required and provided, free of charge and at his pleasure, and demand the exhibition of any license for the current term from any person, firm or corporation engaged or em- ployed in the transaction of any business for which a license is re- quired; and on failure or refusal of such person, firm or corporation to exhibit such license, such person, firm or corporation shall be liable to arrest and subject to the penalty or penalties which are now provided for conducting business without a license to sell intoxicating liquors. It shall be the duty of the License Inspector to arrest any person, firm or corporation failing or refusing to exhibit such a li- cense when so demanded, and proceed against the same for conduct- ing a business without a license. He shall be clothed with all the powers and duties which are now or which may be hereafter conferred by ordinance or otherwise upon police or license officers. 90 GENERAL MUNICIPAL ORDINANCES Section 5. The salary of License Inspector shall be one hundred dollars per month. Section 6. The License Inspector shall furnish a bond in the penal sum of $5000, with two sureties, that he will faithfully perform the duties of his office. Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 8. This ordinance shall take effect and be in full force from and after its approval. (Approved December 16, 1889. Vol. 3, p. 403.) ORDINANCE No. 1101. AN ORDINANCE FIXING THE SALARIES OF THE ENGIN- EERS OF THE FIRE DEPARTMENT OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The salaries of the engineers of the Fire Department of the City of Oakland are hereby fixed as follows: The First Assistant Engineer at the sum of one hundred and tweny-five dollars per month. Engineers of steam fire engines at the sum of one hundred dol- lars each per month. Section 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in full fdrce on and after the first day of November, A. D. 1889. (Approved October 23, 1889. Vol. 3, p, 386.) ORDINANCE No. 1172. AN ORDINANCE FIXING THE SALARIES OF DRIVERS, STOKERS, TILLERMEN, AND STEWARDS OF THE FIRE DEPARTMENT OF THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAIy. 91 Be it Ordained by the Council of the City of Oakland, as follows: Section I. The salaries of drivers, stokers, tillermen and stewards of the Fire Department of the City of Oakland are hereby fixed at $75 per month. Section 2. This ordinance shall take effect and be in full force on and after its approval. - (Approved June 14, 1890. Vol. 3, p. 479.) [See also Ordinance No. 1259, post.] ORDINANCE No. 1259. ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT FOUR EXTRA MEN AND ONE FOREMAN FOR TRUCK COMPANY NO. 2, AND ONE DRIVER FOR HOSE COMPANY NO. 2, AND FOUR MEN FOR TWO CHEMICAL ENGINE COMPANIES, AND FIXING THE SALARIES OF THE SAME. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint four extra men and one fore- man for Truck Company No. 2, and one driver for a hose company to be designated and known as Hose Company No. 2, both companies being stationed at East Oakland, and two men for each Chemical Engine Company, namely: That Chemical Engine Company to be stationed at North Oakland, and that Chemical Engine Company to be stationed at East Oakland. Section 2. The salaries of said appointees shall be as follows, per month: Driver of Hose Co. No. 2, $75- Men for Chemical Engine Companies, $75 each. [Note A portion of this section, relating to the salaries of fore- man and extramen, was repealed by Ordinances No. 1429 post, which fixed those salaries anew.] Section 3. This ordinance shall go into full force and effect im- mediately after its approval. (Approved March 23, 1891. Vol. 3, p. 5Q2-) 92 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1429. AN ORDINANCE FIXING THE SALARIES OF THE EXTRA MEN AND FOREMEN OF THE FIRE DEPARTMENT OF THE CITY OF OAKLAND. Be it- Ordained by the Council of the City of Oakland, as follows: Section i. The salaries of the Extramen of the Fire Department the City of Oakland are hereby fixed at twenty dollars per month each. And the salaries of the Foremen of the said Fire Department are hereby fixed at thirty dollars per month each. Section 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in full force on and after July i, 1892. (Approved June n, 1892. Vol. 4, p. 219.) ORDINANCE No. 1606. AN ORDNIANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT ONE DRIVER, ONE TILLERMAN, ONE FOREMAN AND SEVEN EXTRAMEN FOR TRUCK COMPANY NO. 3, ONE ENGINEER, ONE DRIVER, ONE STOKER, ONE FOREMAN AND FIVE EXTRAMEN FOR ENGINE COMPANY NO. 6, AND ONE DRIVER, ONE FORE- MAN AND FOUR EXTRAMEN FOR HOSE COMPANY NO. 3, AND FIXING THE LOCATION THEREOF AND THE SALARIES OF THE SAME. Be it ordained by the Council of the City of Oakland, as follow*: Section I. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint one driver, one tiller- man, one foreman and seven extramen for Truck Company No. 3, to OF THE CITY OF OAKLAND, CAL. 93 be situated at West Oakland; one engineer, one driver, one stoker, one foreman and five extramen for Engine Company No. 6, to be sit- uated at East Oakland, and one driver, one foreman and four extra- men for Hose Company No. 3, to be situated at the Fourth ward. Section 2. The salaries of said appointees shall be as follows per month: Engineer, $100. Driver, $75. Stoker, $75. Tillerman, $75. Foreman, $30. Extramen, $20. Section 3. This ordinance shall take effect on and after July is f , 1894. (Approved April 23, 1894. Vol. 4, p. 554.) ORDINANCE No. 1622. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT A STEW- ARD FOR HOSE COMPANY NO. 3. Be it Ordained by the Council of the City of Oak/and, as follows: Section i. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint a Steward for Hose Company No. 3. Section 2. The salary of said Steward shall be $75 per month. Section 3. This ordinance shall take effect and be in full force from and after the 1st day of July, 1894. (Approved August 15, 1894. Vol. 4, p. 589.) ORDINANCE No. 602. AN ORDINANCE CREATING THE OFFICE OF CITY PHY- SICIAN AND PRESCRIBING THE DUTIES AND COM- PENSATION THEREOF. 94 GENERAL MUNICIPAL ORDINANCES The Council of the City of Oakland do ordain as follows: Section i. The office of City Physician is hereby created, and the Health Officer shall be ex-officio City Physician. (Amendment approved November 17, 1891. Vol. 3, p. 736.) Section 2. The City Physician shall be the medical attendant of all persons confined in the City Prison, and he shall render to them such medical and surgical attendance as may be necessary, whenever re- quested by the Chief of Police. He shall inspect said City Prison at least once a week, and oftener if necessary, and shall make such rules for the regimen of the prisoners as he may deem necessary. He shall keep a record of the number of sick persons in said prison and shall collect and preserve such other statistics as may be usual in such case*. He shall from time to time examine all supplies furnished for the feeding of the city prisoners and see that the same are wholesome and sufficient. He shall also perfoim such other duties in the line of his profession and for the benefit of the city as may be required from time to time, by the Board of Health. (Amendment approved No- \ember 17, 1891. Vol. 3, p. 736.) Section 3. (Repealed by Ordinance No. 756, fixing salary. Ap- proved February 8, 1878. Vol. 2, p. 597.) Section 4. This ordinance shall take effect immediately. (Approved June 30, 1874. Vol. 2, p. 351.) ORDINANCE No. 1136. AN ORDINANCE FIXING THE SALARY Op CERTAIN OF- FICERS OF THE HEALTH DEPARTMENT. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The salary of the Health Officer is hereby fixed at the sum of $150 per month. Section 2. The salary of the Secretary of the Board of Health is hereby fixed at the sum of $125 per month. Section 3. An ordinance entitled "An Ordinance Fixing the Sal- ary of the City Physician of the City of Oakland," approved Nov. 10, 1887, is hereby repealed. Section 4. An ordinance entitled "An Ordinance Establishing the Office of Secretary of the Board of Health and Assistant in Sanitary OF THE CITY OF OAKLAND, CAL. 95 Matters and Fixing the Salary Thereof," approved December 6, 1887, is hereby repealed. Section 5. This ordinance shall take effect immediately upon its tipproval. (Approved May 15, 1890. Vol. 3, p. 434.) ORDINANCE No. 1341. AN ORDINANCE CREATING THE OFFICE OF SANITARY INSPECTOR AND DEFINING HIS DUTIES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The office of Sanitary Inspector is hereby created, and^ the office so created shall be filled by appointment by the Board oi Health. Section 2. He shall be prompt and active in enforcing all lawful orders of the Board of Health and Health Officer, and shall be active and vigilant in detecting and causing the removal of all causes oi disease; and if at any time it shall come to his knowledge that any street, building or place is in a condition offensive to the public health he shall immediately report the same to the Health Officer. He shall see that all violations of sanitary ordinances and regulations are vig orously prosecuted, and for this purpose shall be vested with all the powers of a police officer. He shall also perform such other duties as may be required of him by the Board of Health. Section 3. Before entering upon the duties of his office he shall give a bond in the sum of two thousand five hundred dollars. Section 4. The salary of the Sanitary Inspector is hereby fixed at the sum of one hundred and twenty-five dollars per month, the same to cover expense of horse and buggy to be furnished by him ior his use. Section 5. An ordinance entitled "An Ordinance Creating and Establishing the Office of Sanitary Inspector, etc.," approved Mar. 24, 1884, is hereby repealed. Section 6. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3. p. 709.) 96 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1242. AN ORDINANCE CREATING THE OFFICE OF ASSISTANT SANITARY INSPECTOR OF THE BOARD OF HEALTH AND FIXING THE SALARY THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The office of Assistant Sanitary Inspector of the Board of Health of the City of Oakland is hereby established, the same to be filled by appointment by the Board of Health. Section 2. The salary of such Assistant Sanitary Inspector is hereby fixed at the sum of $100 per month. Section 3. This ordinance shall take effect immediately upon its approval. (Approved December 8, 1890. Vol. 3, p. 548.) ORDINANCE No. 1901. AN ORDINANCE FIXING THE FEES OF THE CITY EN- GINEER OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The official fees of the City Engineer of the City of Oakland shall be as follows: (a). For survey of any lot lying above high water of 25 feet or less frontage, eight (8) dollars, including four stakes with 50 cents for every additional stake and 5 cents for every additional foot ot frontage. For an entire vacant block, four stakes, twenty (20) dol- lars. The word survey includes diagram thereof. (b). For giving official line and grade of curb or sidewalk in front of any lot not already surveyed, eight (8) dollars for two stakes, one dollar for each additional stake; for lot already surveyed, five (5) dollars for two stakes, one dollar for each additional stake. (c). For grade and line of private sewer authorized by the Coun- cil, six (6) dollars for every 100 feet or less, with five cents for every additional foot of sewer. OF THE CITY OF OAKLAND, CAL. 97 (d). Upon street work under the general street law of the State of California the following shall be the fees, to-wit: Preliminary engineering work for filing quantities with the City Clerk for the estimating of bids: On grading or re-grading by the cubic yard, 5 cents per linea! foot of street along center line. On grading or re-grading by square foot, i cent per lineal foot of street along center line. On macadamizing or re-macadamizing by square foot, i l /2 cent> per lineal foot of street along center line. On paving or re-paving by square foot ,i l /2 cents per lineal foot of street along center line. On sidewalking or re-sidewalking, i cent per lineal foot of side- walk, including exceptions. On curbing or re-curbing, l / 2 cent per lineal foot of curbing, in- cluding exceptions. On crosswalks, l / 2 cent per lineal foot of crosswalk. On culverts, l / 2 cent per lineal foot of culvert. On sewering or re-sewering, i cent per lineal foot of sewer. For each plan accompanying above, five (5) dollars. For special specifications, J4 of I per cent of cost of construction as shown by contractor's bid. (Engineering work upon construction:) (e). For setting stakes once upon: Sewering or re-sewering, 5 cents per lineal foot of sewer. Catch-basins, five (5) dollars each. Grading or re-grading, 5 cents per lineal foot of street, measured along th center line. Grading and curbing or re-grading and re-curbing, 6 cents per lineal foot of street, measured along center line. Curbing or re-curbing with wood, 2 l / 2 cents per lineal foot of curbing. Curbing or re-curbing with granite or artificial stone, 5 cents per lineal foot of curbing. On sidewalking or re-sidewalking, 5 cents per lineal foot of side- walk. On culverts, 5 cents per lineal foot of culvert. On crosswalks, 5 cents per lineal foot of crosswalks. On grading, curbing with wood and macadamizing (class B and C) 10 cents per lineal foot of street, measured along the center line of the street. On re-grading, re-curbing with wood and re-macadamizing (class B and C) 10 cents per lineal foot of street, measured along the center line of the street. On macadamizing or re-macadamizing only (class B and C). '> cents per lineal foot of street, measured on the center line of the street. On re-macadamizing by re-dressing the surface of the roadway, no fee shall be charged unless stakes are set, in which case the fee as above for re-macadamizing shall be charged. On macadamizing or re-macadamizing (class B and C) and wooden curbing, 7 cents per lineal foot of street, measured on the center line of the street. On grading, curbing and macadamizing or re-grading, re-curb- ing and re-macadamizing (class A), 5 cents per lineal foot of each line of stakes, measured lengthwise of the street. On paving or re-paving with asphalt, bituminous rock or wooden blocks, 5 cents per lineal foot of each line of stakes, measured length- wise of the street. For setting grade for gutters six (6) dollars for 100 feet or less, with 5 cents for every additional foot of gutter. For masonry work, 5 per cent on the cost of construction, as shown by the contractor's bid. (f). Re-setting stakes shall be at the expense of the contractor at the above rates. (g). For assessment diagram and final certificate, $5.00. (Said fee shall not be construed to include field work or the gathering of data for the preparation of said diagram). Section 2. Upon work ordered by the Council, the expense of which shall be paid by district assessment, the fee shall be 5 per cent of the cost of construction. Section 3. The fees in this ordinance shall not be construed to apply to work ordered by the Council the expense of which shall be paid by bonding the City of Oakland. Section 4. Upon all engineering work ordered by the Council or by the Board of Public Works, the expense of which is to be paid out of the General Fund of the City Treasury, it shall be lawful for the City Engineer to charge the actual expense of said work. Thi City Engineer shall file with the City Clerk or with the Board of Public Works itemized demands upon the City of Oakland for all assistants' services in this section provided. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 6. This ordinance shall take effect and be in force on and after its approval. (Approved May 4, 1898. Vol. 5, p. 269.) ORDINANCE No. 1381. AN ORDINANCE DEFINING THE DUTIES OF THE CITY ENGINEER. OF THE CITY OF OAKLAND, CAL. 99 Be it Ordained by the Council of the City of Oakland, as follows: Section I. It shall be the duty of the City Engineer to give the corners, lines of survey of lots and the proper grade of the sidewalks in front of all buildings, blocks or lots, with certificate of same, when applied to for that purpose; and for such service the person requiring work done shall pay all lawful charges. When required by the Council, Board of Public Works or any contractor for city work, he shall furnish the lines, grades, measurements and calculations for any street or other city work. When ordered by the Council, he shall place monuments as initial points for measurements or grades at such places as the Council may direct, and he shall do and perform such other duties as may be required by the Charter and as usually per- tain to that office. Section 2. The City Engineer shall enter in a book cr books kept for that purpose in his office a record of all surveys and measure- ments made under the provisions of this ordinance. All records of surveys and all calculation books pertaining to streets, plazas or other city work, with all maps, plans and profiles in which the city can in any manner be interested, shall be and remain the property of the city, and shall be kept in the City Engineer's office, and shall be open for public inspection during office hours. All such books, maps, plans and profiles shall be carefully preserved by the City Engineer and transmitted to his successor in office. Section 3. If it shall be necessary for any person to remove any street monument, notice shall be given to the City Engineer, who shall remove such monument, and shall replace the same in its proper position as soon as the object has been attained for which the removal shall have been made; provided, however, that the fee for such re- moval and replacement shall not exceed ten dollars. Section 4. An ordinance entitled "An Ordinance Defining the Duties and Fixing the Compensation of the City Surveyor and En- gineer, etc.," approved November 6, 1868, is hereby repealed. Section 5. This ordinance shall take eft'ect immediately upon its approval. (Approved November 23. 1891. Vol. 4, p. i.) ORDINANCE No. 1109. AN ORDINANCE FIXING THE SALARY OF THE SECRE- TARY OF THE BOARD OF PUBLIC WORKS. ioo GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. The salary of the Secretary of the Board of Public Works is hereby fixed at $125 per month. Section 2. This ordinance shall take effect and be in full force on and after its approval. (Approved December 12, 1889. Vol. 3, p. 399.) ORDINANCE No. 1366. AN ORDNIANCE TO PREVENT THE OBSTRUCTION OF LAWFUL ORDERS OF THE BOARD OF PUBLIC WORKS AND BOARD OF COMMISSIONERS OF THE POLICE AND FIRE DEPARTMENTS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall resist, obstruct, defeat, or attempt to defeat the enforcement or execution of any lawful order of the Board of Public Works or of the Board of Commissioners of the Police and Fire Departments, or of any person lawfully acting under their au- thority. Section 2. Every person violating any provision of this ordinance is guilty of misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved November 17, 1891. Vol. 3, p. 738.) ORDINANCE No. 1110. AN ORDINANCE AUTHORIZING THE BOARD OF PUBLIC- WORKS TO CONTRACT FOR SUPPLIES FOR THE VARIOUS DEPARTMENTS OF THE CITY OF OAK- LAND. OF THE CITY OF OAKLAND, CAL. 101 Be it Ordained by the Council of the City of Oakland, as follows: Section i. The Board of Public Works is hereby authorized to contract for supplies for the various departments of the City of Oak- land, to-wit: All supplies consisting of meat, vegetables, groceries and all other supplies necessary for the subsistence of prisoners confined in the City Prison; all books, blanks, printing and stationery required by the various municipal departments of the City of Oakland, the cost of which will be in excess of $100. Section 2. This ordinance shall take effect and be in full force on and after its approval. (Approved December 12, 1889. Vol. 3, p. 400.) ORDINANCE No. 1171. AN ORDINANCE FIXING THE SALARY OF KEEPERS OF PUBLIC PARKS AND SQUARES IN THE CITY Ol- OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Each and every keeper of a public park or square, in the City of Oakland, shall be paid a salary of sixty ($60) dollars per month as compensation for his services. Section 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. This ordinance shall go into effect immediately after its passage and approval. (Approved June 14, 1890. Vol. 3, p. 478.) ORDINANCE No. 1178. AN ORDINANCE ENABLING KEEPERS OF PUBLIC PARKS IN THE CITY OF OAKLAND TO PERFORM THE DUT- IES OF SPECIAL POLICE OFFICERS. 102 GENERAL MUNICIPAL ORDINANCES Be it Otdained by the Council of the City of Oakland, as follows: Section i. Every person employed as the keeper of a public park in the City of Oakland shall, during the term of his service as such, be vested with all the powers and be amenable to all the res- ponsibilities and liabilities of a special police officer, and he shall be required to perform the duties of a special police officer in addition to his other duties, for the better protection of the public property in his charge; but he shall not be entitled to, nor shall he receive any com- pensation, other than his salary as a park keeper, for any services which he may be required to render under the provisions of this or- dinance. Section 2. This ordinance shall be in full force and effect im- mediately after its approval. (Approved July 9, 1890. Vol. 3, p. 486.) ORDINANCE No. 1179. AN ORDINANCE PROVIDING FOR THE SALE OF REFUSE OR CONDEMNED MATERIAL. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The Board of Public Works may, when it is deemed the public interest requires, sell at public auction to the highest bidder any refuse or condemned material, stock, goods or property within the control of the various departments of the City of Oakland. Section 2. Before such sale is held a notice shall be given by posting the same for ten days and publishing the same for five days, stating the time and place of sale and a general description of the property offered for sale. Section 3. The proceeds of such sale shall be payable into the fund from which the department for which the property is sold draws its revenue. Section 4. This ordinance shall take effect and be in full force on and after its approval (Approved July 9, 1890. Vol. 3, p. 48?-) OF THE CITY OF OAKLAND, CAL. 103 ORDINANCE No. 1216. AN ORDINANCE CREATING THE OFFICE OF CHINESE INTERPRETER OF THE POLICE COURT DEFINING THE DUTIES AND FIXING THE SALARIES OF THE INCUMBENT. Be it Ordained by the Council of the City of Oakland, as follows: Section i The office of Chinese Interpreter of the Police Court is hereby established, the same to be filled by appointment by the Police Judge. Section -2. It shall be the duty of such Chinese Interpreter to be in attendance upon said court, and to interpret from the Chinese lan- guage into English, and vice versa, whenever required. Section 3. The salary of such Chinese Interpreter is hereby fixed at the sum of $35 per month. Section 4. An ordinance entitled "An Ordinance Fixing the Salary of the Chinese Interpreter of the City Justice's Court," ap- proved Nov. 10, 1887, is hereby repealed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved October 30, 1890. Vol. 3, p. 529.) ORDINANCE No. 1241. AN ORDINANCE CREATING THE OFFICE OF CORPORA- TION-YARD KEEPER, DEFINING HIS DUTIES AND FIXING HIS SALARY. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be the duty of the Board of Public Works to appoint a keeper of the Corporation Yard of the City of Oakland, who shall be the custodian of all property belonging to the City of Oak- land that may be stored in said Corporation Yard, and it shall be the duty of said keeper to take care of all horses, harness, vehicles, im- 104 GENERAL MUNICIPAL ORDINANCES plements and other movable property used by the several departments of the City Government, which may at any lime be lodged or stored in said Corporation Yard. Section 2. The keeper cf tne Corporation Yard shall be respon- sible to the Board of Public Works for a true and faithful performance of his duties. He shall at all times be subject to the orders of the Board of Public Works, and shall submit to said Board quarterly an inventory of the property stored, lodged and cared for in said Cor- poration Yard. Section 3. The keeper of the Corporation Yard shall receive a salary of $75 per month as compensation for his services. Section 4. This ordinance shall go into full force and effect im- mediately after its approval. (Approved December 8, 1890. Vol. 3, p. 547.) ORDINANCE No. 1694. AN ORDINANCE CREATING THE OFFICE OF "NIGHT WATCHMAN OF THE CITY HALL" AND DEFINING THE POWERS AND DUTIES AND FIXING THE SAL- ARY THEREOF AND PROVIDING FOR THE APPOINT- MENT TO FILL SAID OFFICE. Be it Ordained bv the Council of the City of Oakland, as follows: Section i. The office of ''Night Watchman of the City Hall" is hereby created and the powers and duties of which shall be as in this ordinance hereinafter defined. Section 2. The "Night Watchman of the City Hall" shall be ap- pointed by the City Council of the City of Oakland by resolution of said Council, and shall hold office at the pleasure of the said Council. Section 3. The salary of the "Night Watchman of the City Hall" is hereby fixed at $85.00 per month. Section 4. The powers and duties of the "Night Watchman of the City Hall" are hereby defined as follows: He shall be under the direction of the City Council, have the im- mediate charge of the City Hall of the City of Oakland and the fur- niture and other property therein contained in the night time and shall be at the said City Hall every night between the hours of 7 o'clock p. m. and 7 o'clock a. m. He shall keep vigilant watch over the rooms and halls of said City Hall, and the furniture and other property con- OF THE CITY OF OAKLAND, CAL. 105 tained therein, during the hours of the night and protect the same and give immediate alarm in case of fire or other danger, and perform such other duties relating to his employment as the City Council may, by resolution, from time to time require. Section 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall take effect and be in lull force immediately upon its passage and approval. (Passed over veto July 18, 1895. Vol. 4, p. 702.) ORDINANCE No. 1695. AN ORDINANCE CREATING THE OFFICE OF "JANITOR OF THE CITY HALL" AND DEFINING THE POWERS AND DUTIES AND FIXING THE SALARY THEREOF AND PROVIDING FOR THE APPOINTMENT TO FILL SAID OFFICE. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The office of "Janitor of the City Hall" is hereby created, and the powers and duties of which shall be as in this ordin- ance hereinafter defined. Section 2. The "Janitor of the City Hall" shall be appointed by the City Council of the City of Oakland, by resolution of said Council, and shall hold office during the pleasure of the said Council. Section 3. The salary of the "Janitor of the City Hall" is hereby fixed at ninety dollars per month. Section 4. The powers and duties of the "Janitor of the City Hall" are hereby defined as follows: He shall be in attendance at the City Hall of the City of Oakland daily between the hours of 7 o'clock a. m. and 7 o'clock p. m., and at such other times as the City Council may require. He shall keep the rooms and halls of the City Hall building clean and in order and have general charge and care of the furniture and other property be- longing to the City of Oakland, contained in the said building, and shall perform such other duties pertaining to the care of the City Hall as the City Council, by resolution, may from time to time re- quire. Section 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. io6 GENERAL MUNICIPAL ORDINANCES Section 6. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Passed over veto July 18, 1895. Vol. 4, p. 704.) ORDINANCE No. 1727. AN ORDINANCE CREATING THE OFFICE OF FIRST AS- SISTANT ENGINEER OF THE FIRE DEPARTMENT OF THE CITY OF OAKLAND, PRESCRIBING THL DUTIES, FIXING THE SALARY AND REPEALING ANY ORDINANCE OR PART OF AN ORDINANCE IN CONFLICT THEREWITH. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The office of First Assistant Engineer of the Fire De- partment of the City of Oakland is hereby created and in addition to his duties as Assistant Engineer, shall hereafter be ex-officio Fire Warden and exercise the duties of that office. Section 2. The duties appertaining to the office of Fire Warden shall be to assist in the enforcement of the Fire Ordinances of the City of Oakland; and for this purpose the Fire Warden shall examine all buildings in process of construction or repairs, and shall examine flues and chimneys when applied to for that purpose by any citizen, and if found in a dangerous condition shall cause the same to be re- paired or removed by the owner of the building or premises; he shall visit yards and enclosures in the rear of buildings, and the basements of buildings where he has reason to believe that dangerous or inflam- mable material is, is kept or stored and shall cause the same to be removed if dangerous at the expense of the owner or occupant of the premises. He shall investigate such matters as may be referred to him by the City Council, making report to that body the result of such investigations. He shall institute prosecutions by complaint against all persons who shall violate any ordinance of the City of Oakland in relation to the prevention of fires, and shall perform such other duties as the City Council may hereafter impose. Section 3. The salary of the First Assistant Engineer of the Fire Department is hereby fixed at $125 per month. Section 4. Any ordinance or part of an ordinance in conflict herewith is hereby repealed. OF THE CITY OF OAKLAND, CAL. 107 This ordinance shall take effect i proval. (Approved January 31, 1896. Vol. 5, p. 26.) Section 5. This ordinance shall take effect immediately upon its passage and approval. ORDINANCE No. 1668. AN ORDINANCE PROVIDING FOR THE PURCHASE OF FURNITURE, FUEL, BOOKS, STATIONERY AND OTHER SUPPLIES FOR THE CITY OF OAKLAND UPON REQUISITIONS AND REPEALING ORDINANCE NO. 1553, APPROVED JUNE 19, 1893. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Whenever any court, board or officer of the City ot Oakland shall require furniture, fuel, books or stationery or other supplies of any kind necessary for the transaction of public business, or for the maintenance of the departments of the City Government, said courts, board or officer of the city shall make written requisition therefor upon a printed form furnished by the Auditor. Said requi- sition shall state in clear and explicit terms the quantity and kind of supplies needed, the estimated cost thereof, how, when and where to be delivered-and if a contract exists, the name of the person, firm or corporation under contract with the city to furnish the same. Section 2. Whenever the cost of any furniture, fuel, books, stat- ionery or other supplies shall exceed $too,oo, the requisition prorided for in Section r of this ordinance shall be approved by the City Council. Whenever the cost of any furniture, fuel, books, stationery or other supplies shall not exceed $100.00 the requisition therefor shall be ap- proved by at least two of the following named persons, viz.: The Chairman of the Auditing and Finance Committee, or President of the Council and Mayor of the city. (Amendment approved April 29, 1898. Vol. 5. p. 264 ) Section 3. All claims against the City of Oakland for furniture, fuel, books, stationery or other supplies presented for payment shall have an approved requisition attached thereto, and said requisition shall agree with the stub of the same kept in the office of the court, board or office where the requisition originated and said claim shall not antedate the requisition authorizing it. io8 GENERAL MUNICIPAL ORDINANCES Section 4. Ordinance No. 1533 passed June 13, 1893, and ap- proved June 19, 1893, is hereby repealed. Section 5. This ordinance shall take effect upon its passage and approval. (Approved February 23, 1895. Vol. 4, p. 665.) ORDINANCE No. 1824. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A CORPORATION YARD. Be it Ordained by the Council of the City of Oakland, ax follows: Section i. It shall be the duty of the Board of Public Works to- provide a suitable place at a rental not to exceed Twenty Dollars per month, for the storage and repair of all movable materials and appar- atus not in use, belonging to the City of Oakland, and for the safe keeping of vehicles, harness, horses, implements and such other mov- e property in use by the several departments of the City Govern- ment, as may need a place of shelter or storage outside of the prem- ises regularly occupied by such departments. Section 2. The place of storage thus provided by the Board of Public Works shall be designated and known as "The Corporation Yard of the City of Oakland." Section 3. Ordinance No. 1240, entitled "An Ord'inance Pro- viding for the Establishment of a Corporation Yard," approved De- cember 8th, 1890, is here repealed. Section 4. This ordinance shall go into effect immediately after its approval. (Approved August 27, 1897. Book 5, p. 167.) CHAPTER II. ORDINANCES RELATING TO MUNICIPAL LICENSES. [Note An ordinance imposing "an annual ground rental" upon telegraph and telephone poles will be found in Chapter III, post, re- lating to public streets.] ORDINANCE No. 551. AN ORDINANCE PROVIDING FOR THE REGISTRATION AND LICENSING OF DOGS IN THE CITY OF OAK- LAND. The Council of the City of Oakland do ordain as follows: Section r. No dog or dogs shall be permitted to run at large in public street, place or grounds within the City of Oakland unless the same shall be duly registered as hereinafter specified, and the tax thereon fixed by this ordinance duly paid. Section 2. The tax on every dog in said City shall be One Dol- lar and Fifty Cents ($1.50) per annum to be paid to the Treasurer of the City of Oakland. (Amendment approved August 27, 1897. Vol. 5, p. 164.) Section 3. The Tax Collector shall procure each year, or from time to time as may be necessary, and at the expense of the city, A sufficient number of metallic plates or tags, not to exceed in expense the sum of twenty-five cents each, numbered consecutively and indi- cating by plain figures the year for which the same are to be issued and upon the payment of any such tax, he shall enter in a book to be kept for that purpose the name of the owner and a description of the dog so registered. (Amendment approved September 30, 1891. Vol. 3, p. 707.) GENERAL MUNICIPAL ORDINANCES Section 4. Every registered dog shall be provided by the owner >r possessor thereof with a suitable collar at least three-fourths of an ich wide, and have attached thereto the metallic plate or tag pro- vided for in Section 3 of this ordinance; and every dog not registered found running or being at large in any public street, place or grounds i said city shall be seized by the Poundmaster or his deputies and taken to the public pound, where they may be redeemed by the owner or possessor thereof within three days on the payment to the sai-1 . pound-keeper the sum of three dollars, but if not so redeemed, to bt then killed by said pound-keeper; and for all dogs redeemed as afore- said the said pound-keeper shall feed the same one pound of meat per day at his own expense; and all dogs impounded and not redeemed, and killed by said pound-keeper as aforesaid, he shall feed one pound of meat per day at the expense of the city at an expense not to exceed five cents per day for each dog. ' Section 5. If any unregistered dog while running or being at large in any public street, lane, alley, public ground or place in said city, bite any person, it shall be the duty of the Captain of Police to have such dog immediately killed. Section 6. All ordinances and parts of ordinances in conflict with this ordinance, so far as they conflict with the same, are hereby re- pealed. Section 7. This ordinance shall take effect and be in full force on and after its approval. (Approved July 10, 1873. Vol. 2, p. 289.) ORDINANCE No. 1009. AN ORDINANCE ESTABLISHING AND REGULATING MU NICIPAL LICENSES. The Council of the City of Oakland do ordain as follows: [Liability to Pay License.] Section i. Every person, firm or corporation engaged in, carry- ing on, pursuing or conducting within the limits of the City of Oak- land any business, trade, profession or employment, hereinafter speci- fied, shall pay the license hereinafter provided. OF THE CITY OF OAKLAND, CAL. in [Penalty for Violating this Ordinance ] Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall b*. punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of on* day for every two dollars of the fine so imposed. (Amendment aporoved November 18, 1891. Vol. 3, p. 745.) Section 3. (Repealed by Charter, Sees. 40 and 41, and by Ordin- ance No. 1370. Vol. 3, p. 745.) [Auditor to Furnish Blank Licenses.] Section 4. The Auditor shall prepare and have printed blank licenses of all classes and denominations, dog tags, vehicle and boat and basket numbers, for terms to correspond with the provisions of this or any subsequent ordinance. He shall have all licenses and tags numbered, and after having signed the licenses shall from time to time deliver them to the Tax Collector in such quantities as may be re- quired, taking his receipt therefor and charging him therewith, giving in the entry the numbers, classes and amounts therefor. He must keep in his office a ledger in which he shall keep the Tax Collector's account of all licenses delivered to him, sold or returned unsold to him. He shall at the close of each month demand and receive from the Tax Collector all such licenses, blanks, dog tags, vehicle, boat and basket numbers or plates, not issued and paid for, and immediately credit him therewith. He shall at the same time credit the Tax Col- lector with all licenses, blanks, dog tags, yehicle, boat and basket numbers or plates issued and paid for during the month, specifying their numbers, classes and values, and cancel the account in such a manner as to show a monthly settlement with said Tax Collector. He shall, on or before the 5th day of each month, require and receive from the Tax Collector a sworn monthly report, showing the number and class of each license, the number of dog tags, boat, vehicle and basket numbers or plates on hand and received during the month, with total number of each class issued during the month next pre- ceding, and the amount paid over to the City Treasurer. This report, if found correct, he shall immediately file with the City Counei). (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Tax Collector to Keep a Record of Licenses Issued ] Section 5. The Tax Collector shall furnish the report mentioned in the preceding' section (4), and shall keep a record of all licenses, dog tags, vehicle and boat numbers sold. He shall also keep such other books as may, in his judgment, be necessary, or as may be required by the City Council. (Amendment approved November 18. 1891. Vol. 3, p. 745.) H2 GENERAL MUNICIPAL ORDINANCES [License to Be Paid in Advance.] Section 6. All licenses shall be paid for in advance in the legal currency of the United States and at the office of the Tax "Collector, and not otherwise. No license shall be issued by the Tax Collector on any other blank than that received from the Auditor. No greater or less amounts of money shall be charged or received for licenses so issued than is provided in this ordinance, and no license shall be sold or issued for any period of time other than is provided in this ordinance. No person required to be licensed shall receive from the Tax Col- lector, his clerk or assistants, any license, dog tag, vehicle or boat number for a longer or shorter period, or pay therefor any greater, or less amount of money i.han is provided in this ordinance. Amend- ment approved 'November 18, 1891. Vol. 3, p. 745.) [License to Be Exhibited. 1 Section 7. Every person having a license under the provisions of this ordinance shall place and exhibit the same at all times, while in force, in some conspicuous part of his or her place of business, and shall produce or exhibit the same when applying for a renewal or when requested to do so by any police officer or officer of the Li- cense Department. [Peddlers to Exhibit When Requested.] Section 8. Every peddler while engaged in peddling shall carry his license and exhibit it when required by any license or police officer. [License Not Assignable.] Section 9. No license granted or issued under any of the pro- visions of this ordinance shall be assignable or transferable without the permission of the Tax Collector indorsed thereon; said assign- ment or transfer must be recorded upon a registry kept for that pur- pose. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Dates of Licenses.] Section 10. All dog licenses and vehicle licenses shall date fron. the first of January or the first day of July of each year. All other licenses, whether monthly, quarterly, semi-annually or annual, required by the provisions of this ordinance shall date from the first day of the month in which the person, firm or corporation procuring the same commences the business, trade, profession or employment required to be licensed, or from the time of the expiration of the license next pre- ceding, unless provided otherwise by this ordinance. OF THE CITY OF OAKLAND, CAL. 113 [Money to Be Paid to the City Treasurer.] Section n. All money collected by the Tax Collector for licenses shall be paid by him at or before the close of every month, or at such other times as the Council may direct, to the City Treasurer, and re- ceipt taken therelor. (Amendment approved November 18, 1891. Vol. 3, p. 745 ) [When Must Be Produced.] Section 12. A license must be procured from the Tax Collector immediately before the commencement of any business, trade or pro- fession or employment required by this ordinance to be licensed, and a separate license must be obtained for each branch, establishment or separate place of business, which license authorizes the party obtain- ing it to carry on, pursue or conduct only that business, trade, pro- fession or employment described in such license, and only at the loca- tion or place of business which is indicated thereby. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Powers and Duties of License Officers. 1 Section 13. All license officers, in the discharge and performance of their official duties, and all regular police officers shall have and exercise the power: First To make arrests for the violation of any of the provisions of this ordinance. Second To enter free of charge, at any time, any place of busi- ness for which a license is required and provided, and to demand the exhibition of such license for the current term from any person, firm or corporation engaged or employed in the transaction of such busi- ness; and if such person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be liable to the same penalty as provided for in section 2 of this ordinance. It is hereby made the duty of the License Inspector to cause com- plaints to be filed against all persons, firms or corporations violating any of the provisions of this ordinance. (Amendment approved No- vember 1 8. 1891. Vol. 3. p. 745.) [Sworn Statements of Receipts to Be Made to Tax Collector.] Section 14. In all cases where the amount of license to be paid by any person, firm or corporation is based upon the amount of receipts of sales effected or business transacted, such person, firm or corpora- tion shall render a sworn statement in writing to the Tax Collector, made before some officer authorized to administer oaths, of the total amount of receipts, sales made or business done by said person, firm or corporation respectively during the three months next preceding 114 GENERAL MUNICIPAL ORDINANCES the expiration of the last license, which statement shall determine the amount for which such license shall be issued or renewed. (Amend ment approved November 18, 1891. Vol. 3, p. 745.) Section 15. If any person shall furnish evidence satisfactory to the Auditor that such person, by reason of physical infirmity, un avoidable misfortune or unavoidable poverty, merits exemption from the operation of this ordinance, said Audtor may issue to such person a free license, upon having first obtained the consent in writing of the Tax Collector and Mayor therefor. In each case it shall be the duty of the Auditor to investigate the merits thereof and grant a free li- cense only in meritorious cases. Whenever the Auditor is satisfied that the receipts for any exhi- bition, concert, lecture or other entertainment is to be or will be appropriated to any church, school or religious or benevolent pur- pose, within the City of Oakland, he may grant, as of course, a free license for the same to the person or persons about to conduct the same. (Amendment approved June 6, 1889. Vol. 3, p. 330.) [Evidence of Not Procuring License.] Section 16. Upon the trial of any criminal action brought under or arising from any provision or provisions of this ordinance, the defendant shall be deemed not to have procured the required license unless he or Ae either produces it or proves having paid for it to the proper officer. [Evidence of Liability to Pay License ] Section 17. In any action brought under or arising out of any of the provisions of this ordinance, the fact that a party represented himself or herself as engaged in any business or employment for the transaction of which a license is by this ordinance required, or that such party exhibited a sign indicating such business or employment, shall be prima facie evidence of the liability of such party to pay 3. license. [Conviction Not to Exempt from License.] Section 18. The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction. [Police Officers to Act as Assistant Inspectors of Licenses Their Duties.] Section 19. All Police Officers are hereby appointed Assistant Inspectors of Licenses, and in addition to their several duties as Police Officers are hereby required to examine all places of business and OF THE CITY OF OAKLAND, CAL. n 5 persons on their respective beats liable to pay license, and to see that such licenses are taken out and that no other business than the one described in the license is carried on or transacted. Said Assistant Inspectors of Licenses shall make out once in every month a list ot persons, firms, corporations having no license, with their places of business, and deliver such list, carefully and legibly written, to the proper License Officer or Inspector and also report to said License Officer or Inspector the names of all such doing busi- ness without a license immediately upon the fact coming to their knowledge. Any Police Officer failing or neglecting for more than thirty days to report any person, firm or corporation who or which is engaged in transacting business without having paid the required license shall be guilty of neglect of duty and be either suspended from duty or dismissed from the police force. The Captain of Police is hereby directed to carry into effect the provisions of this section. [Tax Collector to Number Vehicles and Boats.] Section 20. The Tax Collector shall assign a separate number to each and every vehicle or boat for which he issues a license, and shall furnish a tin or plate in duplicate with each number thereon, for which he shall charge the sum of one dollar; provided, that no two vehicles of the same class or two boats shall have the same number. Such number shall be permanent, without regard to the ownership of such vehicle or boat, and shall be affixed to such vehicle or boat by the party obtaining the license, in the manner and place desig- nated by the Tax Collector; and no person shall use or drive, or per- mit to be used or driven, any vehicle or boat belonging to him 01 under his control without having such number affixed thereto, and such number shall not be inverted, covered, mutilated or otherwise rendered obscure or illegible. (Amendment approved November 18, 1891. Vol. 3. p. 745.) Section 21. Any person driving or having control of any vehicles on which a number is required to be placed shall give the number of his vehicle on the inquiry of any person. Every proprietor and every driver of any hackney carriage, and every runner and soliciting agent, shall, while soliciting patronage or employment for, or driving any hackney carriage, wear conspicuously exposed upon the outside lapel of his coat a badge, showing in plain Roman letters and Arabic num- erals, of such size, form and color as may be designated by the Tax Collector, the number of the hackney carriage of which he is the driver or for which he is soliciting patronage or employment. The Tax Collector shall furnish the badges in the section pro- vided for, and shall charge and collect for each badge the sum of one dollar. (Amendment approved November 18, 1891. Vol. 3, p. 745.) n6 GENERAL MUNICIPAL ORDINANCES [Who Are Peddlers.] Section 22. The term peddler shall include every person who sells or offers for sale goods, wares or merchandise on any street, lanr., alley, sidewalk or public square, or who carries from place to place in either a pack, vehicle, basket or other conveyance, contrivance or in any manner whatsoever, and offers to or does sell, barter or ex- change any goods, wares or merchandise except religious publica- tions, newspapers, periodicals, provided that persons furnishing to retail dealers having an established place of business in the City of Oaklandj to become a part of said retail dealer's stock in trade in such a place of business, and a producer who directly furnishes and de- livers any fash .rneat, poultry, fruit, vegetables^ being the produce of his garden, farm or dairy to any person in the City of Oakland, shall not be deemed a peddler within the meaning of this ordinance. Every person who collects, purchases or barters for old junk or second hand articles shall be deemed as peddlers. No peddler, producer or grower of meats, poultry, fish, produce, fruits or vegetables or other article of merchandise shall sell or offer for sale, barter or exchange any of said articles or merchandise in or upon any of the public streets or highways of the City of Oakland described as follows: Bounded on the north by the north line of Fourteenth street, on the south by the south line of Sixth street, on the east by the east line of Webster street and on the west by the west line of Clay street. (Amendment approved December 11, 1897. Vol. 5, p. 212.) [Who Are Solicitors or Order Agents.] Section 23. The term solicitor or order agent shall include all persons who solicit or take orders in the City of Oakland, from any person, firm or corporation, for the sale or purchase of any article or commodity; provided, that those soliciting or taking orders from retail dealers (and dentists) having established places of business in the City of Oakland for the sale or purchase of any article or com- modity to become a part of the said retail dealers, or dentists, stock in trade in such places of business, and established retail dealers solicit- ing or taking orders from their regular customers, shall not be deemed solicitors or order agents within the meaning of this ordin- ance. (Amendment approved December u, 1897. Vol. 5, p. 214.) [Who Are Runners and Soliciting Agents.] Section 24. The term "runners" and "soliciting agents" shall include all persons engaged in soliciting or endeavoring to influence or secure passengers or freight for any boat, vessel or steamboat; or in endeavoring to influence or secure boarders, lodgers or custom for any hotel, tavern, boarding house, or lodging house; or in endeavor- ing to influence or secure patronage or custom for any livery stable, OF THE CITY OF OAKLAND, CAL. 117 or for any hackney carriage, or any other vehicle other than the one driven by such runner or soliciting agent. [Runners to Wear Badges. | Section 25. Every runner or soliciting agent for a hotel, lodg- ing house, boarding house, tavern or restaurant shall, while en- gaged in his calling, wear conspicuously exposed upon the outside lapel of his coat a badge showing by proper designation in plain Roman letters of such size and color as to be readily seen and read, the particular establishment for which he shall be employed. Section 26. (Repealed by Ordinance No. 1370, Vol. 3; p. 745, and by Charter, Section 44.) [Rates and Terms of Licenses.] Section 27. The rates of licenses shall be according to the fol- lowing schedule, and all licenses shall be issued for the same lengths of time as those for which the rates are herein given, unless otherwise herein provided: [Broker's License.] Sub. I. For every person, firm or corporation engaged in" the business of buying or selling stocks, bonds, State, County, City stocks, or stocks of incorporated companies; or evidences of indebtedness of private persons or of incorporated companies on commission or otherwise, whose aggregate amount of purchases and sales is more than $150,000 per quarter, $25 per quarter. For those whose aggre- gate amount of purchases and sales is not more than $150,000 per quarter, but more than $75,000 per quarter, $15 per quarter. For those whose aggregate amount of purchases and sales is not more than $75,000 per quarter, but more than $20,000 per quarter, $10 per quarter. For those whose aggregate amount of purchases and sales is $20,000 or less per quarter, $5 per quarter. [Banker's License.] Sub. II. For every person, firm or corporation engaged in the business of banking or loaning money at interest, receiving deposits or buying and selling gold and silver coin, currency notes or bills of exchange, or gold or silver bullion, whose total amount of gross income or revenue from all sources is more than $100,000 per quarter. $60 per quarter. For those whose total amount is not more than $100,000, and more than $50,000 per quarter, $40 per quarter. For those whose total amount is not more than $50,000, and more than $35,000 per quarter, $25 per quarter. For those whose total amount is $35.ooo or less per quarter, $2.1 per quarter. ii8 GENERAL MUNICIPAL ORDINANCES [Billiard and Pool Tables. | Sub. III. For every person, firm or corporation engaged in the business of keeping or conducting billiard, bagatelle or pool tables, for each billiard, bagatelle or pool table not for private use, $4 per quarter. [Bowling Alleys.] Sub. IV. For every person, firm or corporation engaged in the business of keeping or conducting bowling alleys, for each alley or bed, $4 per quarter. [Skating Rinks. I Sub. V. For every person, firm or corporation engaged in the business of keeping or conducting skating rinks, for each skating rink, $20 per quarter. Livery Stables.] Sub. VI. For every person, firm or corporation engaged in the business of keeping or conducting livery or boarding stables, for each livery or boarding stable whose gross receipts amount to more than $3000 per quarter, $8 per quarter. For those whose gross re- ceipts amount to not more than $3000 per quarter and more than $1500 per quarter, $6 per quarter. For those whose gross receipts amount to $1500 or less per quarter, $4 per quarter. [Intelligence Offices.] Sub. VII. For every person, firm or corporation engaged in the business of keeping or conducting intelligence offices, for each intel- ligence office, $5 per quarter. [ Auctioneers.! Sub. VIII. For auctioneers and all other persons who sell any goods wares or merchandise or real estate at public auction on com- mission or otherwise fifty ($50.00) dollars per annum. Provided, that every auctioneer or other person selling or offering for sale public auction within the City of Oakland any goods, wares or mer chandise brought into said city for the purpose of being sold at auction therein, shall take out a license for the period such sale is to be conducted, but for not less than fifteen (15) consecutive days at a time, at the rate of fifteen ($15.00) dollars per day, payable in ad- vance. (Amendment approved December 21, 1897. Vol. 5, P- 22.) [Theaters, Concert Halls, Etc.] Sub. IX. For theaters, concert halls and other places of enter- tainment, except those specified hereafter, seating or accommodating five hundred or more persons, five ($5) dollars per day, ten ($10) dollars per month or twenty-five ($25) dollars per quarter. For those OF THE CITY OF OAKLAND, CAL. 119 accommodating less than five hundred persons, three ($3) dollars per day, eight ($8) dollars per month or twenty ($20) dollars per quarter. (Amendment approved March 28, 1891. Vol. 3, p. 594.) [Laundries.] Sub. X. For owners or keepers of laundries at fixed places oi business in the City of Oakland, whose gross receipts or profits are $2500 or less per quarter, $10 per quarter. For those whose gros:> receipts or profits are more than $2500 per quarter, $15 per quarter. For each firm, corporation or person who shall solicit within the City of Oakland laundry work or orders therefor, which laundry work is not to be done in the City of Oakland, the sum of $10 per quarter. [Circuses and Menageries.] Sub. XI. For each exhibition for pay of a menagerie or circus $100. [Acrobatic Performances.] Sub. XII. For each exhibition for pay of any acrobatic per- formance, other than a circus, $2 per day. [Pawn Brokers ] Sub. XIII. For every person, firm or corporation engaged in the business of pawn-broking, whose total amount of business trans- acted is over $2000 per quarter, $75 per quarter. For those whose total amount of business is $2000 or less per quarter, $50 per quarter. [Fortune Tellers, Mediums, Etc ] Sub. XIV. For every astrologer, seer, fortune teller, clairvoyant, spiritualist, or spiritual medium, who demands a fee for his or het services, or gives an exhibition at any place where an admission fee is charged, $5 a week, $15 a month or $30 per quarter. [Race Courses.] Sub. XV. For every person, "firm or corporation who owns, keeps or conducts any race course, for each race course $5 per day 01 $25 per quarter. [Runners and Soliciting Agents.] Sub. XVI. For every runner and soliciting agent, $10 per quarter. [Insurance Agents.] Sub. XVII. (Repealed by Ordinance No. 1640. Approved Oc- tober 9, 1894. Vol. 4, p. 619.) 120 GENERAL MUNICAPAL ORDINANCES [Express Companies.] Sub. XVIII. For every person, firm or corporation engaged in the business of common carriers in expressing, transmitting or con- veying gold dust, bars, bullion, coin, furniture or general merchan- dise from or to any place outside of the City of Oakland, whose gross receipts are $10,000 or more per quarter, $30 per quarter.' For those whose gross receipts are less than $10,000 and not less than $5000 per quarter, $20 per quarter. For those whose gross receipts are less than $5000 and not less than $3000 per quarter, $10 per quarter. For those whose gross receipts are less than $3000 per quarter and not less than '$1500 per quarter, $7.50 per quarter. For those whose gross receipts are less than $1500 per quarter, $5 per quarter. [Dance Houses and Ball Rooms.] Sub. XIX. For every person, firm or corporation who owns, keeps or conducts any public dance house or public ball room, for each public dance house or public ball room, $10 per day or $75 per quarter. [Powder Magazines.] Sub. XX. For every person, firm or corporation who owns or keeps any gunpowder, blasting powder or giant powder magazine, $30 per quarter. Those selling any gunpowder, blasting powder or giant powder shall pay an additional license for selling the same of $2 l /z per quarter. [Warehouses. | Sub. XXI. For every person, firm or corporation who owns or keeps any warehouse used for the storage of any merchandise or goods whose gross receipts are more than $1500 per quarter, $15 per quarter. For those whose gross receipts are $1500 or less per quarter, $10 per quarter. [Vehicles.] Sub. XXII. For every person, firm or corporation who owns or keeps any hackney carriage, stage omnibus or other vehicle, for each vehicle drawn by two or more horses or mules and having seats for more than four persons, $10 per annum or $6 per half year. For each vehicle drawn by two or more animals and having seats for not more than four persons, $5 per annum or $3 per half year. For each vehicle drawn by only one animal, $3 per annum or $2 per half year. For every wagon drawn by three or more horses, mules or other animals, used in hauling or carrying rock or macadam, $12 per annum or $7 per half year. OF THE CITY OF OAKLAND, CAL. 121 For every truck, dray and express wagon drawn by two or more animals, $8 per annum or $5 per half year. For every truck, dray or express wagon drawn by one animal $5 per annum or $3 per half year. For every cart or other vehicle, $5 per annum or $3 per half year. Carriages for private use and hackne'y carriages kept in and rented from licensed livery stables only as a part of the regular livery of such stables shall be exempt from license. Every hackney car- riage used at funerals, or for which custom is solicited, or which occu- pies any place as a stand, or is kept in any place on the street for hire, shall be duly licensed and shall be included within the provis- ions of this section. [Dog Licenses.] Sub. XXIII. For every dog the license shall be $1.50 per annum. (Amendment approved August 27, 1897. Vol. 5, p. 164.) [Assayers, Refiners, Etc.] Sub. XXIV. For every person, firm or corporation engaged in the business of assaying ores and precious metals, or of melting and refining precious metals, whose receipts are not less than $1500 per quarter, $20 per quarter. For those whose gross receipts are less than $1500 per quarter, $10 per quarter. | Advertising Agents,] Sub. XXV. For every person, firm or corporation engaged in the business of bill posting, advertising, sign painting and street or railroad car advertising, $10 per quarter. [Keepers of Boarding and Lodging Housel, Hotels and Restaurants.] Sub. XXVI. (Repealed by Ordinance No. 1046. Vol. 3, p. 291.) [Water Companies.] Sub. XXVII. For every person, firm or corporation engaged in supplying or furnishing water to the City of Oakland, or to the resi- dents thereof, whose total receipts are more than $50,000 per quarter, $100 per quarter. For those whose total receipts are not more than $50,000 and more than $30,000 per quarter, $85 per quarter. For those whose total receipts are not more than $30,000 and more than $10,000 per quarter, $60 per quarter. For those whose total receipts are not more than $10,000 and more than $5000 per quarter, $45 per quarter. For those whose total receipts are $5000 and less per quarter, $30 per quarter. GENERAL MUNICIPAL ORDINANCES [Gas and Electric Light Companies.] XVIII. For every person, firm or corporation engaged in furnishing or supplying to the residents of the City of Oakland or to the City of Oakland gas or electricity for illuminating or heat- ing purposes whose gross receipts are more than $50,000 per quarter, $150 per quarter. For those whose gross receipts are not more than $50,000, and more than $.30,000 per quarter, $iuo per quarter. For those whose gross receipts are not more than $30,000 and more than $20,000 per quarter, $75 per quarter. For those whose gross receipts are not more than $20,000, and more than $10,000 per quarter, $50 per quarter. For those whose gross receipts are $10,000 or less per quarter, $40 per quarter. [Messenger Service and Telegraph Companies.] Sub. XXIX. For every person, firm or corporation engaged in supplying or furnishing messengers for the purpose of errand boys or engaged in the business of renting signal boxes, telephones, tele- graph instruments or telegraph lines whose gross receipts are more than $10,000 per quarter, $50 per quarter. For those whose gross receipts are not more than $10,000 and more than $5000 per quarter, $30 per quarter. For those whose gross receipts are not more than $5000 and more than $2500 per quarter, $25 per quarter. For those whose gross receipts are $2500 or less per quarter, $15 per quarter. Provided, that separate licenses shall not be required for each branch office of any telegraph company or company supplying or furnishing messengers transacting business in the City of Oakland. [Telegraph Companies.] Sub. XXX. For every person, firm or corporation engaged in the business of telegraphing, telephoning or receiving or sending mes- sages by telegraph or telephone whose gross receipts are more than $10,000 per quarter, $50 per quarter. For those whose gross receipts are not more than $10,000 and more than $5000 per quarter, $35 per ciuarte;. For those whose gross receipts are not more than $5000 and more than $2500 per quarter, $25 per quarter. For those whose gross receipts are $2500 or less per quarter, $15 per quarter. OF THE CITY OF OAKLAND, CAL. 123 I Peddlers. | Sub. XXXI. (A) The term resident peddler is intended to mean a bona fide resident of the City of Oakland, and- one who has resided in the City of Oakland continuously for at least thirty days prior to his application for a peddler's license. The term non-resi- dent peddler is intended to mean peddlers who do not reside in the City of Oakland, but who come to the said City of Oakland daily or oc- casionally to peddle. Non-resident peddlers' licenses shall in all cases be double the amount of resident peddler's licenses. (B) For resident peddlers and merchandise from vehicles drawn by animal power, $15 per quarter; and from hand $10 per quarter. For resident peddlers of meat, fish, vegetables, fruit, nuts, game, poultry, groceries, produce and dairy products, from vehicles or baskets, $15 per quarter. For resident peddlers of candy, confectionery, flowers, ice cream, or hokey pokey, five ($5) dollars per quarter; provided that every peddler of merchandise, meats, fish, vegetables, fruit, nuts, game, poultry, groceries, produce and dairy products, shall have seceurely fas- tened or attached to their vehicle, basket or pack, a metallic plate or tag which shall specify the quarter for which said license shall have been issued; provided, that the Tax Collector shall designate the style or pattern of said tag or plate and the place at which it shall be attached or fastened to said vehicle, basket or pack; said tags or plates shall be furnished to the Tax Collector by the Auditor and shall be the only license issued to such peddlers, and shall date from the first day of January, April, July and October of each year; and the Tax Col- lector shall keep a register in which shall be recorded opposite each number of the license sold, the name of the person to whom the license is issued, his address and the months of the quarter for which the license is sold. All License and Police Officers are hereby authorized and directed to remove from any vehicle, basket or pack any tag or plate repre- senting a license for and expired quarter and destroy the same. (Amendment approved December 17, 1894. Vol. 4, p. 635.) [Solicitors or Order Agents,] Sub. XXXII. For every solicitor or order agent soliciting or taking orders in the City of Oakland for the sale or purchase of books, maps, charts or periodicals, with or without samples, $10 per quarter; and for every one soliciting or taking orders for the sale or pur- chase of any other article or commodity with or without sample, whose total amount of sales or business transacted is $1500 or more per quarter, $150 per quarter. For every one whose total amount of sales or business transacted is less than $1500 per quarter, $100 per quarter. 124 GENERAL MUNICIPAL ORDINANCES [Lumber Dealers. ] Sub. XXXIII. (Repealed by Ordinance No. 1022. Vol. 3, p 260.) [Pile Drivers.! Sub. XXXIV. For every person, firm or corporation engaged in the business of driving piles, whose gross receipts from such business are more than $2500 per quarter, $20 per quarter. For those whose gross receipts are not more than $2500 and more than $1500 per quarter, $15 per quarter. For those whose gross receipts are $1500 or less per quarter, $10 per quarter. [Street Cars.] Sub. XXXV. For every steam railroad passenger car, drawn or propelled by a steam locomotive engine, twenty dollars per annum; provided, that no car that runs and is drawn or propelled by steam which is operated exclusively upon main or through lines shall be construed to be within the provisions of this ordinance; and provided further that cars propelled by steam passing through the limits of the City of Oakland upon a railway line having a terminus in some other incorporated city in Alameda County, shall be excluded from the provisions hereof. And every street railroad passenger car which is propelled by means of a wire rope or cable attached to steam engines, or by one or more horses or mules, or by electric motors, ten dollars per annum. Said licenses to be paid quarterly on the first days of January, April, July and October of each year and to date from the commence- ment of running of each and every car so used; provided that in case a car duly licensed shall be withdrawn for repairs, the owner or own- ers may substitute another car in its place, and shall receive a notice from the License Inspector, to be posted in such substitute car, stat- ing such fact, and such notice shall contain the number of each car, (Amendment approved December 13, 1893. Vol. 4, p. 511.) [Boats ] Sub. XXXVI. For every boat let for pleasure excursions or trips by the hour or part of an hour. $i per quarter. [Shoo'ing Galleries.] Sub. XXXVII. For every person, firm or corporation who owns or keeps any shooting gallery, for each shooting gallery, $5 per quarter. OF THE CITY OF OAKLAND, CAL. 125 (Public Gardens, Parks, Etc ) Sub XXXVIII. For every person, firm or corporation who owns or keeps any public garden or park where an admission fee is charged to such garden or park, $5 per day or $25 per quarter. (Dyers.) Sub. XXXIX. For every person, firm or corporation who owns or keeps or solicits for any dyeing establishment or carries on the business of dyeing, whose gross receipts exceed $5000 per quarter, $10 per quarter. For those whose gross receipts do not exceed $5000 and exceed $3000 per quarter, $7 per quarter. For those whose gross receipts are $3000 or less per quarter, $4 per quarter. (Street Musicians.) Sub. XL. For every street musician, $10 per quarter or $i per day. (Stallions.) Sub. XLI. For every person, firm or corporation who keeps a stallion and who shall permit the same to be used for the purpose of propagation, for hire or profit, $20 per annum. (Jacks, Rams and Bulk.) Sub. XLII. For every person, firm or corporation who keeps a jack, ram or bull for the purpose of propagation, for hire or profit, $10 per annum. (Term "Quarter" Defined.) Section 28. The term "quarter" whenever used in this ordinance with reference to time shall be construed, and is hereby declared to mean, one quarter of a year. Section 29. An ordinance entitled "An Ordinance Establishing and Regulating Municipal Licenses," passed over the veto of his Honor, the Mayor, June 30th, 1879. and all amendments thereto and all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 30. This ordinance shall take effect and be in force from and after its approval. (Approved May 20, 1887. Vol. 3, p. 248.) 126 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1093. AN ORDINANCE ESTABLISHING AND REGULATING THE TRAFFIC, VENDING AND DISPOSING OF SPIR- ITUOUS, MALT AND FERMENTED LIQUORS Ok WINES, OR ANY ADMIXTURE THEREOF, IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person, firm or corporation to establish, open, keep, maintain or carry on within the City of Oakland any saloon, bar, store, dram shop, tippling place, stand, or any place where spirituous, malt or fermented liquors or wines, or any admixture thereof, are sold or given away; or fot any person, firm or corporation (except as hereinafter provided) to sell^ within the limits of the City of Oakland any spirituous, malt or fer-' mented liquors or wines, or any admixture thereof, without having the permission and license therefor as in this ordinance provided. Section 2. Every person, firm or corporation receiving a license under this ordinance shall place the same so that it shall at all times be conspicuous and easy to read in his chief place of making sales, and no license shall permit sales by any person, firm or corporation who shall neglect this requirement. Section 3. No license issued under any of the provisions of this ordinance shall be assignable or transferable without the consent of the Auditor indorsed thereon, and only to such person, firm or cor- poration as have obtained from the City Council the permission here- inafter required, and having filed a bond as hereinafter provided, and complied in all other respects with the preliminary requirements of this ordinance. Section 4. No person, firm or corporation shall have issued to him or them the license required by this ordinance unless such person, firm or corporation be of good moral character, and first obtain per- mission as provided herein, by making application in writing to the City Council at a regular meeting thereof for permission to obtain the license herein required, and shall file with said application a written recommendation signed by not less than five citizens of the City of Oakland occupying or owning real estate within one block from the front entrance of the place where the applicant or applicants pro- pose to carry on the said business, and setting ,forth: OF THE CITY OF OAKLAND, CAL. 127 First The name and residence of the applicant or applicants, and how long he or they have there resided. Second The particular place for which a license is desired. Third The name of the owner of the premises. Fourth That the applicant or applicants are the only person or persons in any manner interested in the business asked to be licensed, and that no other person shall be in any manner interested therein during the continuance of the permission. Fifth Whether or not the applicant or applicants have had n permission or license for the sale of liquors in this city during any time preceding his or their present application, revoked. Sixth That the applicant or applicants are of good moral char- acter, and suitable to conduct such a place. This petition must be verified by affidavit of applicant or applicants made before the Qtr Clerk or some authorized Notary Public. Provided, however, that when there are not five citizens, occupying or owning real estate within a distance not exceeding one block, as provided for in this section, the Council may, upon the recommendation of three of its members, grant such permission. Seventh The term "block" in this ordinance shall be construed as follows: (a) A block shall not exceed 300 feet in its greatest length. (b) When an establishment to be licensed occupies an entire square or block bounded by lour streets, a block shall constitute that frontage ot each of the four blocks next adjacent immediately facing the block occupied by the applicant or applicants for such permission. ! c) Where the establishment to be licensed occupies a corner of the block or square on which it is located, then the term "block" shall constitute each of the two frontages of the square or block thus occupied, and of which the property on which the applicant or appli- cants for permission is located constitutes a part. (d) Where the establishment to be licensed occupies a part of either frontage in a block or square, then the term "block" shall con- stitute the frontage of which the premises thus occupied constitute a part, and the frontage facing the same in the block or square next adjacent and on the opposite side of the street. Section 5. No permission shall be granted under the provisions of this ordinance to any person, firm or corporation to sell such liquors in any room or place where groceries, drugs or merchandise, other than tobacco and cigars, are sold at wholesale or retail, or in any room or place having any opening into or door connection with premises where groceries, drugs or merchandise, other than tobacco and cigars, are sold at wholesale or retail. Section 6. Such applicant or applicants shall, at the time of making application for permission to obtain a license, file with the City Clerk a bond in the penal sum of one thousand ($1000) dollars, 128 GENERAL MUNICIPAL ORDINANCES with two or more sureties, who shall each be a resident of the City of Oakland, and shall each qualify in double the amount of the penal sum of the bond; said bond to be approved by the City Council and conditioned that the said applicants shall conduct the business for which the license is sought in a quiet, orderly and reputable manner, and will not permit any breach of the peace, or disturbance of the public order or decorum, by any tumultuous, riotous or disorderly conduct upon the premises, and shall not sell, give or furnish any intoxicating liquor, spirituous, malt or fermented liquor or wine, or any admixture thereof, to any person in a state of intoxication, or to any person under the age of 16 years; and that said applicant or appli- cants shall obey and abide by all laws and ordinances now in force and which may be hereafter enacted, regulating the time of closing saloons and places of business where spirituous, malt or fermented liquors or wines, or any admixture thereof, are sold. Said applica- tion and recommendation, after the approval of said bond, shall be immediately referred to the Municipal License Committee for investi- gation, who shall report the result thereof to the Council at the next regular meeting following. If said report be in favor of granting the permission to said applicant or applicants, the Council may, by reso- lution, grant the permission applied for, which permission shall re- main in force not more than one year from the date of the same, and be good only for the person, firm or corporation and place named therein, and shall be filed with the Tax Collector. (Amendment ap- proved July 27. 1893. Vol. 4, p. 453.) Section 7. The City Council shall hear petitions from residents of the ward in which an applicant or applicants are desirous of con- ducting such business, in addition to that of the applicant or appli- cants, in favor of or remonstrating against the granting of such per- mission, and in all cases shall decide impartially as to the necessity or needlessness of such permission, for the accommodation, peace or order of the public, according to the number, character and showing of the petitioners for and remonstrants against such permission. Upon sufficient cause being shown or proof furnished to the said Council that any person, firm or corporation holding a license has violated any ordinance of the city Delating to the sale of liquors the City Council shall, upon notice being given to the person, firm or corporation so licensed, revoke such permission, cancel the license and declare the bond forfeited. Section 8. All licenses shall be paid for quarterly in advance in lawful money of the United States, and at the office of the Tax Col- lector of the City of Oakland, who is hereby authorized, empowered and required to collect all license taxes provided for by this ordinance; and he shall not issue the license herein provided for, except to such person, firm or corporation as shall have presented him the permis- sion of the City Council to issue such license, and for such place OF THE CITY OF OAKLAND, CAL. 129 named in the resolution granting the permission, and for this pur- pose the City Clerk shall furnish to such person, firm or corpora- tion to whom pei mission shall be granted, a certified copy of the resolution granting such permission, and such permission must be in force and unrevoked at the time of issuing such license. Section g. The keeping of a disorderly or disreputable house or place, or the selling or giving of any spirituous, malt or fermented liquor, or wine, or any admixture thereof, to any intoxicated person, or to any minor under the age of 16 years, or the violating of any ot the provisions of this ordinance by any person, firm or corporation hereby licensed, shall be deemed a misdemeanor, and on conviction thereof said conviction shall work a revocation and forfeiture of the license and permission obtained, as well as a forfeiture of the bond given under the said provisions, and no license shall thereafter be granted to such person, firm or corporation. The Council may at any time for such cause as they or a majority of them upon investiga- tion deem sufficient, revoke any permission granted under this ordin ance. and it is especially ordained <:nd declared that all such permis- sions, though granted for the nominal term of one year, are held at the pleasure of the Council. Section 10. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine not exceeding one hundred ($100) dollars, and in case such fine be not paid, such person may be im- prisoned at the rate of one day for every one dollar of the fine so imposed. Section n. All License Officers in the discharge of their official duties, and all regular Police Officers, shall have and exercise the fol- lowing powers: First To make arrests for the violation of any of the provisions of this ordinance. Second To enter free of charge at any time any place of business for which a license is required and provided, and to demand the ex- hibition of such license for the current quarter from any person, firm or corporation engaged or employed in the transaction of such busi- ness; and if such person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be liable to the penalty provided for in Section 10 of this ordinance; and it is hereby made the duty of all Police and License Officers to cause com- plaints to be field against all persons, firms or corporations violating any of the provisions of this ordinance. Section 12. It shall be the duty of the Chief of Police to make returns and file the same with the City Clerk on the first Monday in each month, under oath, of all places in the city where vinous, spirit- uous, malt or fermented liquors or wines, or any admixture thereof, are kept for sale, or are sold, statincj which of said places are licensed 130 GENERAL MUNICIPAL ORDINANCES and which are unlicensed under this ordinance; and any failure to comply with this provision shall subject the Chief of Police to sus- pension or removal from office, and the Council may direct the Board of Police and Fire Commissioners to make such suspension or re- moval. Section 13. It shall be the duty of the Board of Police and Fire Commissioners to cause all places in the city where said liquors are sold to be visited at least once each month by the police, to ascertain if any of the provisions of this or any other city ordinance relating to the sale of liquors has been violated, and whenever an officer shall learn of any violation it shall be his duty to make written returns of the same to the Board of Police and Fire Commissioners, with the names of the witnesses, and to do whatever shall be in his power to bring the offender or offenders to justice, and upon any neglect or refusal of such Police Officer to perform the aforesaid duty the Board ot Police and Fire Commissioners shall immediately remove from the police force said officer, and said removal shall forever disqualify said officer from holding any position under the government of the City of Oakland. Section 14. The license tax under this ordinance shall be as fol- lows: For every person, firm or corporation engaged in the business of selling or giving away, or in any manner furnishing, in any saloon, bar, stand or other place of business, or in any public place in the City of Oakland; and for eveiy person, firm or corporation who sells, or offers to sell, or keeps for the purpose of sale, in the City of Oak- land, any spirituous, malt or fermented liquors or wines, or any ad- mixture thereof, one hundred ($100) dollars per quarter (three months) or portion thereof, in advance. Provided, that druggists and apothecaries shall not be required to obtain license under the pro- visions of this ordinance for furnishing liquors upon the written pre- scription of a regularly licensed and registered physician, such liquor in no case to be used or drank upon the premises, nor for supplying alcohol or preparations containing the same for scientific, mechanical, medical or medicinal purposes. Provided, further, that no spirituous, vinous or malt liquors shall be sold or furnished more than once on any one prescription of such physician, and that no physician shall pre- scribe any intoxicating liquors as a beverage to a person of known intemperate habits. Section 15. An ordinance entitled "An Ordinance Establishing and Regulating the Traffic, Vending and Disposing of Spirituous, Malt and Fermented Liquors or Wines, or Any Admixture Thereof, in the City of Oakland," approved June 17. 1889. and all ordinances and parts of ordinances in conflict herewith are hereby repealed. OF THE CITY OF OAKLAND, CAL. 131 Section 16. This ordinance shall take effect and be in force from and after its approval. (Approved September 4, 1889. Vol. 3, p. 37I-) ORDINANCE No. 1369. AN ORDINANCE CONCERNING THE NUMBERING AND LIGHTING OF VEHICLES AND BOATS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every vehicle or boat, which by the provisions of any ordinance of the City of Oakland is required to be licensed, shall have a number. Such number shall be designated by the Tax Collector and fur- nished to him by the Auditor, and shall be permanent without regard to the ownership of the vehicle or boat. No two vehicles of the same class shall have the same number. The Tax Collector, upon designating the number of a vehicle or boat, shall furnish the owner thereof with two metal plates with such numbers printed or embossed thereon in plain Arabic figures, not less than one inch and a half in height and of proportionate width. Any number of a vehicle or boat for which a license remains unpaid on the books of the office of the Tax Collector for the space of twelve months may be deemed void by the Tax Collector and a new number designated, lor which one dollar shall be paid in addition 10 the license. Section 2. It shall be unlawful for any driver of any hackney carriage to use, or attempt to use or drive said hackney carriage on any public street of the City of Oakland at night without first providing said carriage with lamps, and said lamps must be kept lighted at all times when said carriage is in use. Section 3. The number designated for any vehicle or boat shall be placed thereon in two places, either by tacking thereupon the metal plates furnished by the Tax Collector, or by painting such number upon the vehicle or boat in plain Arabic figures, not less than one inch and a half in height and of proportionate width, and of such a color as to be readily seen and distinguished. The numbers of vehicles shall be placed as follows: On each end of the driver's seat of each omnibus, of each truck, of each wagon with ?. body. 132 GENERAL MUNICIPAL ORDINANCES On both sides of each dray, on the side rail forward of the wheel or on the shaft, between one and four inches forward of the platform. On both sides of each wagon without a body, on each end of the rear side of the bolster of the hind axle, as near the wheels as prac- ticable. On both sides of each cart, near the forward end and not on the side board. Every vehicle which, by this ordinance, is required to carry lamps, shall have its number in plain figures, at least two inches in length, painted with black paint upon each of said lamps, in such a manner that the same can be distinctly seen and known when such vehicle may be standing or in motion. The number of each boat shall be placed on both sides thereof, within two feet of the bow, on the outside immediately below the gun- wale. Provided, when numbers are painted on vehicles and boats a* provided in this section, that both the metallic numbers furnished by the Tax Collector must be fastened and secured to some part of the vehicle or boat, and must be shown to any person or persons on de- mand. (See also Ordinance No. 935, Sec. 8, post.) Section 4. No person shall use or drive, or permit to be used or driven, any vehicle or boat belonging to him or under his control, whichj by any of the provisions of this ordinance, is required to be numbered, without having the appropriate number thereof, and no other, placed thereupon in the manner and place provided in Section 3 of this ordinance, nor with such number inverted, covered, mutilated, obliterated or obscurely painted or illegible. Section 5. Any person driving or having control of any vehicle on which a number is required to be placed, shall give the number of his vehicle or boat on demand of any person. Section 6. Every driver of a hackney carriage shall at all times keep conspicuously posted within the carriage of which he may have charge, in such position as to be easily read, the number of such carriage. Section 7. At the time of designating and furnishing the numbe r of a vehicle or boat, the Tax Collector shall collect from the owner thereof, in addition to the license required, the sum of one ($1.00.1 dollar for each number. No person shall use any other number on any vehicle or boat than the one assigned to him from the office of the Tax Collector. Transfer of any number shall not be made without the consent of the Tax Collector, who shall make a record of said transfer on the books in his office. . Section 8. Every person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one OF THE CITY OF OAKLAND, CAL. 133 hundred dollars, and in case the fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed. Section 9. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 10. This ordinance shall take effect and be in full force on and after its approval. (Approved November 17, 1891. Vol. 3, p. 741.) ORDINANCE No. 1480. AN ORDINANCE ESTABLISHING AND REGULATING A MUNICIPAL LICENSE FOR THE BUSINESS OF CON- DUCTING WHARVES AND COLLECTING WHARF- AGE AND DOCKAGE AT ANY WHARF IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every person, firm or corporation engaged in the City of Oakland in the business of conducting a wharf or of collecting wharfage or dockage at any wharf in said city, shall pay as a license therefor, at the office of the License Collector at the City Hall in said city, quarterly in advance, on the 1st day of January, April, July and October of each year, the sum of twenty-five ($25) dollars in lawful money of the United States. Section 2. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon con- viction thereof, shall pay a fine in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland, at the rate of one day for each two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved December 16, 1892. Vol. 4, p. 337.) CHAPTER III. ORDINANCES RELATING TO PUBLIC STREETS. ORDINANCE No. 337. AN ORDINANCE ADOPTING A GENERAL PLAN OF STREETS. The Council of the City of Oakland do ordain as follows: Section i. That the plan of streets herewith presented, prepared by W. F. Boardman, City Engineer, be and is hereby adopted as the general plan of streets for the City of Oakland. Section 2. The City Engineer is hereby directed to prepare a map of the same upon a scale of two hundred feet to one inch, upon which said map shall be plainly indicated the name and width of each street, the number and size of each block, the position of all homesteads and location of all plazas and public grounds, together with the loca- tion of all grounds that have been dedicated for street or other public uses and position of all public buildings, and report the same at the earliest moment to the Council for ratification and adoption as the official map of the City of Oakland. (Approved November 20, 1868. Vol. I, p. 342.) (For prior ordinances, see Vol. I, pp. 134 and 168.) ORDINANCE No. 1890. AN ORDINANCE AMENDING SECTION ONE OF ORDIN- ANCE NO. 1786, ENTITLED "AN ORDINANCE CHANG- ING THE NAMES OF CERTAIN STREETS AND POR- TIONS OF STREETS IN THE CITY OF OAKLAND." APPROVED FEBRUARY gth, 1897. OF THE CITY OF OAKLAND, CAL. 135 Be it Ordained by the Council of the City of Oakland, as follows: Section i. That Section i of Ordinance No. 1786, entitled "An Ordinance Changing the Names of Certain Streets and Portions of Streets in the City of Oakland," approved February 9, 1897, be amended to read as follows: Section i. The names of the following several streets and portions of streets within the City of Oakland are res- pectively changed as follows: Summit street between Hawley street and Walsworth avenue, changed to Yosemite street. Pearl street between Bay place and Ruby street, changed to Val- dez street. Webster street from Broadway to northerly city line, changed to Piedmont avenue. Lake avenue between Perry street and Cottage street, changed to Pleasant Valley avenue. Commerce street throughout, changed to Fourteenth avenue. Laurel street between Telegraph avenue and Broadway, changed to Twenty-fifth street. Jones street between San Pablo and Telegraph avenues, and Wal- nut street between Telegraph avenue and Lake Merritt, changed to Twenty-first street. Knox place between Grove street and Telegraph avenue, changed to Twenty-seventh street. Albion street and Merrimac place between Webster and Grove streets, changed to Twenty-eighth street. Caledonia and Prospect avenues between Grove street and Wals- worth avenue, changed to Twenty-ninth street. Bernie street between Telegraph avenue and Franklin street, changed to Seventeenth street. Oak street between Peralta and Excelsior avenues, changed to East Oak street. Pine street between Peralta and Excelsior avenues, changed to Capell street. Mound street between Thirteenth avenue and Clinton street, changed to Hopkins street. Excelsior street between Fourth and Clinton avenues, changed to Clinton street. Silver avenue between Fourth and Ninth avenues, changed to East Twenty-eighth street. Lincoln street between Thirteenth avenue and east city line, changed to East Lincoln street. Lake street between Brooklyn and Prospect avenues, changed to East Lake street. 136 GENERAL MUNICIPAL ORDINANCES Central avenue between East Twenty-fourth street and Silvei avenue, changed to Eighth avenue. Columbia street between Fourth and Ninth avenues, changed to East Twenty-fifth street. Valde? street between Livingston and Ford streets, changed to East Valdez street. William street between Peralta and Bay streets, changed to Fifth street. Elm street between San Pablo and Oakland avenues, changed to Twenty-fourth street. Plymouth avenue east of Telegraph avenue, changed to Thirty- fourth street. Bay place between Telegraph avenue and Broadway, changed to Twenty-sixth street. Wallace street between San Pablo avenue and Grove street, changed to Twenty-eighth street. Campbell street between San Pablo avenue and Grove street changed to Thirtieth street. Nolan street between San Pablo and Telegraph avenues, changed to Thirty-third street. Charter street throughout, changed to Twenty-second street. Alden street between San Pablo avenue and Grove street, changed to Twenty-ninth street. Delger street between San Pablo avenue and Lake Merritt, changed to Twentieth street. Brown street between San Pablo and Telegraph avenues, changed to Thirty-fourth street. Durant street east of Telegraph avenue, changed to Nineteenth street. Walton street between San Pablo and Telegraph avenues, changed to Thirty-fifth street. Park street between San Pablo avenue and Grove street, changed to Twenty-seventh street. Locust street or Simpson avenue between San Pablo avenue and Telegraph avenue, to be known as Twenty-third street. Logan street between Market street and Telegraph avenue, changed to Thirty-sixth street. Summit street west of Union street, East Oakland, changed to East Summit street. Frederick street from San Pablo to Telegraph avenues, changed to Nineteenth street. Lee street between the junction of Vernbn street and Bay place, changed to Vernon street. Oakland avenue between Orange street and Adams street, changed to Perkins street. OF THE CITY OF OAKLAND, CAIv. 137 Curve street between Grove street and San Pablo avenue^ changed to Nineteenth street. That the extension of Fairmount avenue between Moss avenue and the northerly city line be changed to Fairmount avenue. That Fairmount avenue between Prospect avenue and Summit street produced westerly to an intersection therewith, be changed to Hawley street. Santa Clara avenue between Vernon street and the northern city line, changed to Moss avenue. Moss avenue between Fairmount avenue and Lake avenue, changed to Santa Clara avenue. Morrison place between Oakland avenue and Orange street, changed to Pearl street. Grand avenue between Webster street and Lake Merritt, changed to Boulevard terrace. Section 2. This ordinance shall take effect from its approval. (Approved March 23, 1898. Vol. 5, p. 254.) ORDINANCE No. 1908. AN ORDINANCE ACCEPTING THE DEDICATIONS, AND OFFERS OF DEDICATION, HERETOFORE MADE OF LAND FOR PUBLIC STREET PURPOSES, NOW WITH- IN THE CITY OF OAKLAND; DECLARING THE NE- CESSITY OF THE SAME FOR THE PUBLIC TRAVEL AND USE, AND DIRECTING THE REMOVAL OF ALL OBSTRUCTIONS THEREFROM. Be it Ordained by the Council of the City of Oakland, as follows: Section i. All dedications, and all offers of dedication, hereto- fore made of land for public street purposes, now within the city of Oakland, are hereby accepted, and the lands to which reference is made in such dedications, and in such offers of dedication, are hereby declared to be public streets, and necessary for the public travel and use. The Board of Public Works is hereby authorized and directed to cause the removal of all obstructions from the lands to which the foregoing acceptance refers. Section 2. This ordinance shall take effect from and after its pas- sage and approval. (Approved June 2, 1898. Vol. 5, p. 278.) 138 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 367. AN ORDINANCE ESTABLISHING STREET LINES WITHIN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section I. The lines of streets within the City of Oakland, and situated easterly of Market street and southerly of and including Fourteenth street, are hereby established in accordance with the fol- lowing table. The first column gives the names of the streets; the second and third the distance in feet and inches to be measured east or west, north or south, as the case may be, from the line of monu- ments to the line of the street; and the fourth column gives width in feet and inches of the street as hereby established: Names of Streets Meas- ured West. Ft. In. Meas- ured East. Ft. In. Width. Names of Streets. Meas- ured South. Ft. In. Meas- ured North. Ft. In. Width. West 4O 77 77 South Front. I5O Brush 4^ M 6 80 6 Water . 80 Castro 42 6 18 80 6 First 4O TO 7Q Grove 42 18 6 80 6 Second . 41 70 fi 80 6 Jefferson 41 6 TO 80 6 Third 40 6 4O 80 6 Clay. . . 41 TO 6 80 6 Fourth. 4O 4O 80 Washington... . 40 6 4 80 6 Fifth'. 4O 40 So Broadway 55 55 no Sixth 4O 4O 80 Franklin 40 40 6 80 6 Seventh. 4O 4O Q 80 9 Webster *,Q 6 40 I 80 6 Eighth 7O 1 41 80 T, Harrison 70 41 8 80 8 Ninth 7O 18 77 Alice "?8 4 42 8 8r Tenth 42 T.8 Q 80 Q Jackson VI 4 4-1 6 80 10 Eleventh 41 3 7Q 80 i Julia 36 6 A\ 8 80 2 Twelfth AT 1Q 80 Oak 7.6 A 41 10 80 2 Thirteenth /IT 80 Fallen. 7.6 2 4? jo 80 Fourteenth A r 1O So OF THE CITY OF OAKLAND, CAL. 139 Section 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved February 7, 18/0. Vol. I, p. 394.) ORDINANCE No. 403. AN ORDINANCE PROHIBITING CERTAIN ENCROACH MENTS ON STREETS. The Council of the City of Oakland do ordain as follows: Section I. No person shall maintain or construct or place, or cause to be constructed, or placed on premises belonging to him, or in his possession, or under his control, any building or fence which shall extend over the line of the street; provided, that windows of the first story, porches, columns, posts and doorsteps may extend over the line of the street not more than one foot, and the bay windows of the second story may extend over the line of the street not more than three feet. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Amendment approved October i, 1891. Vol. 3, p. 722.) (Approved November 18, 1870. Vol. i, p. 449.) (See also Ordinance No. 450, Sec. 20, post.) ORDINANCE No. 450. AN ORDINANCE TO REGULATE STREETS, SIDEWALKS AND PUBLIC GROUNDS IN THE CITY OF OAKLAND. 140 GENERAL MUNICIPAL ORDINANCES The Council of the City of Oakland do ordain as follows: Section i. No person shall throw or deposit, or permit to he thrown or deposited, any dirt, paper, filth, sweepings of any store, house, shop, or office, or any ashes, shavings, filthy water, offal, straw. wood stones, earth, manure, refuse matter, or rubbish of any kind whatever, into any street, lane, alley or public ground or places used as street, lane, alley or public ground. The person or persons hav- ing control of premises from which any of the aforesaid articles shall be or may have been thrown or deposited in any street, lane, alley or public ground, or places used as such aforesaid, shall remove the same therefrom within four hours after receiving knowledge thereot. Section 2. (Repealed by Ordinance No. 1220. Approved Oc- tober 30, 1890. Vol. 3, p. 532.) (Sections 3, 4 and 5. Repealed by Ordinance No. 1375. Approved November 23, 1891. Vol. 3, p. 762.) Section 6. No person shall suffer any carriage, wagon or cart without horses or other beasts of burden attached to remain or stand in any street, lane, alley or public ground for more than one hour. Section 7. (Repealed by Ordinance No. 1375. Approved No- vember 23, 1891. Vol. 3, p. 762.) Section 8. (Repealed by Ordinance No. 1051. Approved Sep- tember 8, 1888. Vol. 3. p. 301.) Section 9. No person shall drive any horse or carriage or vehicle of any kind through any civic, military or funeral procession. Section 10. When any street or public place is crowded with teams, wagons, street cars or other vehicles through which any civic. military or funeral procession is passing every person having charge of any horse, team, wagon, street car or other vehicle shall obey all orders for the removal of the same which may be given by the Chief of Police or any policeman. (Amendment approved November 23, 1891. Vol. 3, p. 762.) Section TI. (Repealed by Ordinance No. 1051. Approved Sep- tember 8, 1888. Vol. 3, p. 301.) Section 12. No person shall clean, scale or wash any fish, meat, clothes, carriage, buggy or any other thing tending to create a nuis- ance on any of the streets, lanes, alleys or public grounds of said city. Section 13. Whenever any person or persons, whether con- tractor or proprietor, shall be engaged in the erection or repairing ot any building, or other structure whatever, within said city, and shall cause or permit any building material, rubbish, or other thing to be placed on any public street, lane, alley or sidewalk, or other place in said city, where persons pass or repass; and whenever any person or persons, who shall be engaged in constructing any sewer or laying any gas. water or other pipe, or conducting in or through any of the streets, lanes, alleys, highways, sidewalks or other places in said city, OF THE CITY OF OAKLAND, CAL. 141 where persons pass and repass, whether by appointment of the city or its agents, or as contractor, it shall be the duty of all such persons to protect with a sufficient number of lights the materials, rubbish, goods wares and merchandise, heaps, piles, excavations or other thing so caused or permitted by them to be or remain in or at any of the places above mentioned and in such manner as to enable the same to be dis- tinctly seen by all passers by, and to continue such lights from dusk until daylight during every night which any obstructions of the above mentioned description are allowed to remain in or at such places; and every person who shall neglect the duty imposed by this section shall, in addition to the penalty imposed by this ordinance, be liable for all damages to persons and property growing out of such neglect. Section 14. No person driving, or having charge of a cab, cart, coach, dray, wagon, street car, or other vehicle, or riding or leading a horse or other animal, shall stop or stand on any crosswalk so as to obstruct the passage of the same. Section 15. No person shall fly a kite, or play any game of ball on any street, lane or alley of said city. Section 16. No person shall pile, deposit or place, or cause or permit to be deposited, piled or placed, any rubbish, wood, coal, mer- chandise, dirt, or any impediment or obstruction of any kind upon or over any sidewalk, nor so occupy or obstruct any sidewalk as to interefere with the convenient use of the same by all passengers. Section 17. (Repealed by Ordinance No. 1047, approved July 10, 1888. Vol. 3, p. 292.) Section 18. (Repealed by Ordinance No. 1375, approved Novem- ber 23, 1891. Vol. 3, p. 762.) Section 19. No person shall push, draw, back or drive any horse, cart, wagon or other vehicle over, upon or along any sidewalk, unless it be to go into or out of a yard or lot. Section 20. No person shall build or suffer to remain any bow or other window projecting into the sidewalk more than fifteen inches; nor any porch, stoop, steps, area or platform projecting into the side- walk more than four feet, or any cellar door projecting more than five feet into any sidewalk; and no person shall erect any balcony, bow or other window, nor any porch, stoop, steps, area, platform or cellar door projecting into the sidewalk, except by permission of the City Council; nor shall such permission be so construed as to give such person any ownership in the sidewalk so occupied. Section 21. Every person shall keep around every area between the building and sidewalk, and on both sides of every flight of stairs descending from the sidewalk to the basement owned or occupied by him a fence or railing at least three feet high. Section 22. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not exceeding one hundred 142 GENERAL MUNICIPAL ORDINANCES dollars, and, in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until said fine is satisfied at the rate 01 one day's imprisonment for every two dollars of the fine imposed. (Amendment approved June 17, 1878. Vol 2, p. 646.) Section 23. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 24. This ordinance shall take effect and be in full force on and after its approval. (Approved March 15, 1872. Vol. 2, p. 4.) ORDINANCE No. 655. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF STREETS AND SIDEWALKS IN THE CITY OF OAK- LAND. The Council of the City of Oakland do ordain as follows: Section i. Whenever the free passage of any street or sidewalk shall be obstructed by a crowd (except on occasion of public meet- ings) the persons composing such crowd shall disperse or move on when directed so to do by a Police Officer. Any persons who Defuse to disperse or move on when directed so to do by a Police Officer, shall be deemed guilty of a misdemeanor, and, upon conviction thereot, shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person fined shall be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 2. This ordinance shall take effect and be in full force on and after its passage. (Approved January 6, 1876. Vol. 2, p. 444.) ORDINANCE No. 715. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF SIDEWALKS IN THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL. 143 The Council of the City of Oakland do ordain as follows : Section I. It is hereby declared unlawful for any person to place or set out for exhibition or maintain or allow any goods, wares or merchandise on the sidewalk in front of his place of business, between the outer edge of the sidewalk and a line eighteen (18) inches from and in front of the building in which said business is carried on. And no goods, wares or merchandise shall be placed or allowed to remain on the sidewalk between the gutter or outer edge of the sidewalk and a line eighteen inches from the front of the store or building in front of which said goods are placed; provided, however, that any person, while receiving or delivering goods, wares or merchandise may permit the same to remain on the sidewalk for the period of one hour, be- tween the gutter and a line drawn parallel therewith, four feet from the gutter in from of his store or building; and further provided, that nothing in this ordinance contained shall apply to the temporary exhi- bition of merchandise, placed and removed each day, upon any street other than Broadway, in front of any licensed place of business where the sidewalk is kept continuously clean and free from all obstructions for a space in the center, at least eight feet wide, and running the entire length of such sidewalk. (Amendment passed over Mayor's veto. Aug. 16, 1886. Vol. 3, p. 210.) Section 2. It is hereby declared unlawful for any person to place or set out for exhibition any goods, wares or merchandise on the sidewalk in front of a bay window which extends or projects eighteen inches from the front of the building over or upon the sidewalk; and no goods, wares or merchandise shall be placed or allowed to remain on the sidewalk in front of a bay window w,hich extends over or into the sidewalk eighteen inches from the building in which said bay window is constructed. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding the sum of one hundred ($100) dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 4. All ordinances or parts of ordinances so far as they conflict with this ordinance are hereby repealed. Section 5. This, ordinance shall take effect and be in force from and after its approval. (Approved March 10, 18/7. Vol. 2. p. 529.) 144 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 730. AN ORDINANCE TO PREVENT THE DRIVING OF CATTLE THROUGH THE STREETS. AND TO PREVENT GOATS FROM RUNNING AT LARGE IN ANY STREET OR UN- INCLOSED LOT WITHIN THE LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section i. It is hereby declared unlawful for any person to allow any goat to run at large in any street or upon any uninclosed lot within the limits of the City of Oakland; and any goat staked or tied by any person upon any uninclosed lot within said limits shall be tied or staked and securely fastened with a chain. Section 2. It is hereby declared unlawful for any person, firm or corporation to drive or cause to be driven any cattle through any street of the City of Oakland, at any time, without the written consent of the Mayor. The Mayor, upon application, shall grant in writing a permit, stating name of the applicant, time of day and name of street or streets over which applicant may drive or cause to be driven any cattle. (Amendment approved December n, 1897. Vol. 5, p. 215.) Section .}. This ordinance is not intended to change the pro- visions of an ordinance entitled "An Ordinance to Create the Office of Poundmastcr, to Define His Duties, and to Prevent Certain Animals from Running at Large within the City of Oakland," approved No- vember 23, 1874. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person so fined shall be impris- oned in the City Prison until the fine is satisfied at the rate ot one day for every two dollars of the fine imposed. Section 5. This ordinance shall take effect immediately. (Approved June n, 1877. Vol. 2, p. 551.) ORDINANCE No. 935. AN ORDINANCE REGULATING THE USE AND STANDING OF VEHICLES ON THE PUBLIC STREETS IN THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL. The Council of the City of Oakland do ordain as follows; Section i. Every vehicle dra\vn by horse power and attended by the owner thereof, or by a driver furnished by such owner, which said vehicle shall be used in this city for the conveyance of persons by land, from place to place, shall be deemed a hackney carriage within the meaning of this ordinance. Section 2. Whenever several hackney carriages attend at any place for or with passengers, the Captain of Police, or anv r>er c on or persons by him authorized, may give directions respecting the stand- ing of such carriages, while waiting for, taking up or putting down their passengers, and the route they shall go when leaving any place of entertainment, and if the owner, driver or other person having the care of such cairiage, shall refuse to obey any such order or direction of the Captain of Police, or any person or persons by him authorized, such refusal shall be deemed a violation of these provisions of this section. Section 3. Hackney carnages may stand while waiting for em- ployment, at all times, at the stands designated in Section 4 of this ordinance, and at such other place or places as the Mayor may from time to time designate; provided, however, that such carriages shall not stand at any place or places other than those specified in Section 4 hereof, if objected to by the owner or occupant of the building o> property in front of which they may desire to stand. Section 4. The following shall be the stands for hackney car- riages, to-wit: Around any of the public squares. Around the City Hall block. At the railroad station at the corner of Market and First streets. Section 5. No person having charge of a hackney carriage shall allow the same to stand within ten (10) feet of any street crossing, nor at a greater distance than two feet from the outer edge of any sidewalk. Section 6. It is hereby declared unlawful for any person hav ing charge or control of a hackney carriage, to stand the same, while waiting for business, upon any portion of Seventh street, between the westerly line of Washington street and the westerly line of Broadway street in the City of Oakland, or to solicit business for such harkney carriage while the same is on said Seventh street between said points. Section 7. It is hereby declared unlawful for any hackney car- riage or job wagon to be driven along Seventh street, between the westerly line of Washington street and the westerly line of Broadway, in the City of Oakland, when the steam cars are approaching the rail- road depot, between said Washington and Broadway streets, and are 146 GENERAL MUNICIPAL ORDINANCES within one block of said depot, or while the train is stopping at said depot for passengers to get on or off the cars. Section 8. Every hackney carriage or other vehicle drawn by a horse or horses, and used or to be used for the transportation of pas- sengers, shall have on each side of the driver's seat a lamp with a glass front and side, which lamp shall be properly lighted at all times when such vehicle is in use after dark. At all times when such vehicle is in use it shall have plainly pamted on the outside glass of each of its lamps, in figures not less than i l /> inches in height, its respective number, as furnished by the Tax Collector. (Amendment approved November 23, 1891. Vol. 3, p. 763.) (See^also Ordinance No. 1369, Sec. 3, ante.) Section 9. Any driver of a hackney carriage who shall be thrice convicted of a breach of any of the provisions of this ordinance shall be deprived of his license and may be debarred from obtaining another. Section 10. Every vehicle which shall be used for the conveyance of goods, packages or freight from place to place in this city for hire, except hand-carts, and except also the vehicles used by merchants, dealers and manufacturers exclusively for the delivery of their wares to customers, shall be deemed a job wagon within the meaning of this ordinance. Section n. No person having the charge or control of a job wagon shall be allowed under any circumstances to occupy as a stand for the same any portion of Seventh street between the westerly line of Washington street and the westerly line of Broadway street in the City of Oakland, and such person shall not be allowed to occupy as a stand for such job wagon any portion of any street in front of any building in the City of Oakland when the owner or occupant of such building shall object thereto. Section 12. It shall be unlawful for the owner or driver, or any person having control of any omnibus or railroad car, or of any hack, cart or of any vehicle whatsoever, or of any horse or animal what- soever, to allow, permit or suffer the said omnibus or said car, hack or vehicle, or said horse or animal, to be or remain in such a manner as to obstruct the crossing of any public street from one sidewalk to another in the City of Oakland for any period of time whatever. Section 13. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding one hundred dollars, and in case the fine be not paid, then the person or persons so fined may be imprisoned at the rate of one day for every two dollars of the fine imposed. Section 14. An ordinance entitled "An Ordinance Regulating the Use of Vehicles on the Public Streets." which said ordinance was approved October 7, 1872, and an ordinance entitled "An Ordinance OF THE CITY OF OAKLAND, CAL. 147 Supplemental to an Ordinance entitled 'An Ordinance Regulating the Use of Vehicles on the Public Streets,' approved October 7, 1872, approved Tune Q, 1875," and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 15. This ordinance shall take effect immediately. (Approved September 22, 1883. Vol. 3, p. 122.) ORDINANCE No. 952. AN ORDINANCE PROHIBITING THE STANDING OF VEHICLES ON THE PUBLIC STREETS OR SIDE- SIDEWALKS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordcin as follows: Section I. No person having the charge or control of a cart, wagon or any vehicle used for the vending of goods, wares, mer- chandise, meats, fruits or vegetables therefrom, commonly known as peddlers' carts or wagons, shall occupy or be allowed to occupy as ft stand for such cart, wagon, or vehicle any portion of any street, lane, alley or sidewalk in the City of Oakland. Section 2. (Repealed by Ordinance No. 1339. Approved Sep- tember 30, 1891. Vol. 3, p. 708.) Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding the sum of fifty dollars, and in case the fine be not paid, then the person or persons so fined may be imprisoned at the rate of one day for every two dollars of the fine imposed. Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect im- mediately upon its approval by the Mayor. (Approved August 6, 1884. Vol. 3, p. 147.) ORDINANCE No. 968. AN ORDINANCE REGULATING AND ENFORCING THE REPAIRING OF STREETS, LANES, ALLEYS, COURTS. PLACES AND SIDEWALKS IN THE CITY OF OAK- LAND. 148 GENERAL MUNICIPAL ORDINANCES The Council of the City of Oakland do ordain as follows: Section I. Whenever any portion of any street, lane, alley, court or place in the City of Oakland, improved, or any sidewalk con- structed thereon, according to law, shall be out of repair and in con- dition to endanger persons or property passing thereon, or in con- dition to interfere with the public convenience in the use thereof, it shall be the duty of the Superintendent of Streets of said city to require, by notice in writing, to be delivered to them personally, or left on the premises, the owners or occupants of lots or portions ot lots, fronting on said portion of said street, lane, alley, court or place, or of said portion of said walk so out of repair as aforesaid, to repair forthwith said portion of said street, lane, alley, court or place to the. center thereof, or said sidewalk in front of the property of which he is the owner, or tenant, or occupant, specifying in said notice what repairs are required to be made. Section 2. It shall be unlawful for said owner, or tenant, or occu- pant of said lots, or portion of said lots, to neglect or refuse, for the period of three days from the date of the service of the aforesaid notice, to make said repairs, and diligently and without interruption to prose cute the same to completion. Section 3. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon convic- tion shall pay a fine not exceeding one hundred dollars; and in case the fine be not paid, such person or persons may be imprisoned at the rate of one day for every two dollars of the fine imposed. Section 4. This ordinance shall take effect and be in full force immediately after its approval. (Approved July 10, 1885. Vol. 3, p. 168.) ORDINANCE No. 1024. AN ORDINANCE PROVIDING FOR THE REPAIRS OF SIDEWALKS BY THE SUPERINTENDENT OF STREES. The Council of the City of Oakland do ordain as follows: Section i. Upon refusal or neglect of any property-owner to repair sidewalks in front of his or her property in the City of Oak- land, after due notice given by the Superintendent of Streets, as pro - OF THE CITY OF OAKLAND, CAL. 149 vided in an act of the Legislature of the State of California, entitled "An Act to Provide for the Improvement of Streets, Lanes, Alleys, Courts, Places and Sidewalks, and the Construction of Sewers Within Municipalities," approved March 18, 1885, then the Superintendent of Streets is hereby authorized and empowered and directed, as a penalty for such neglecting and refusing to repair such sidewalk or sidewalks, to contract for the construction of artificial stone pavement sidewalks in front of the property of such persons so refusing as above set forth, of not less than six feet in width, and at the expense of such owner or owners of said property; and upon completion of such work of repairs the Superintendent of Streets shall make and deliver to the contractor of the work a certificate, as provided in Section 17 of the Act of the Legislature above referred to, and the cost of the prose- cution of such property-owners for the collection of the cost of such work shall be paid out of the Street Fund of the City of Oakland. Section 2. This ordinance shall take effect and be in full force from and after its approval. (Approved November io ) 1887. Vol. 3, p. 262.) [Note In the case of L. F. Shepard vs. Mary Kelley, No. 8860, the Superior Court of the County of Alameda decided, on demurrer to the complaint, that under the provisions of this ordinance and the statute therein referred to, as amended (see Stats. 1889, p. 169), the Superintendent cannot cause a wooden sidewalk, although out of repair, to be replaced by one of a different and more expensive material, such as artificial stone, at the expense of the owner.] ORDINANCE No. 1084. AN ORDINANCE TO REGULATE THE USE OF PUBLIC- STREETS BY CERTAIN ANIMALS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall herd, drive, tie,, stake out or otherwise allow, or cause any cow, bull, steer or goat belonging to him or bein under his care or control to be in, or upon, any of the public streets of the City of Oakland, except for the purpose of conducting such animals from place to place in good faith and with reasonable speed. Section 2. Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not exceeding $100: or in case such fine be not paid, 150 GENERAL MUNICIPAL ORDINANCES then by imprisonment in the City Prison at the rate of one day for each dollar of said fine remaining unpaid. Section 3. All ordinances and resolutions, and parts of ordin- ances and resolutions, in conflict herewith are hereby repealed and rescinded. Section 4. This ordinance shall have effect and be in force from and after its approval. (Approved July 9, 1889. Vol. 3, p. 352.) ORDINANCE No. 1114. AN ORDINANCE PROVIDING SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS OF BITUMINOUS ROCK. Be it Ordained by the Council of the City of Oakland, as follows: Section I. The regulations governing the width and grading of cement sidewalks shall prevail in the construction of sidewalks made with bituminous rock. Section 2. All sidewalks constructed of bituminous rock shall have a foundation of broken rock at least three inches in thickness, the same to be thoroughly rolled or tamped. Section 3. The top dressing of the sidewalk shall consist of a layer of bituminous rock equal to the best Santa Cruz or San Luis Obispo bituminous rock, and at least one inch in thickness. Section 4. Bidders must accompany their bids with samples of all materials intended to be used in the work. Any material not acceptable will be cause for rejecting the bid. Section 5. All materials furnished must be up to the standard of the sample, and all work must be done to the satisfaction of the Board of Public Works, City Engineer and Superintendent of Streets. Contractors will be required to give a satisfactory bond guaran- teeing the work for one (i) year after completion and acceptance. The amount of said bond to be fixed and the same approved by the City Council. Section 6. Bids and measurements. All proposals shall specify the rate per square foot of walk laid, and the measurements shall be done upon the basis, of square feet actually laid and completed. OF THE CITY OF OAKLAND, CAL. 151 Section 7. This ordinance shall take effect and be in force on and after its approval. (Approved January 3, 1890. Vol. 3, p. 404.) ORDINANCE No. 1148. AN ORDINANCE TO PREVENT THE BURNING OF RUB- BISH IN THE PUBLIC STREETS WITHIN THE FIRE LIMITS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall set fire or burn, or cause to be set fire to or burned, any rags, paper, wood, or any rubbish, on any public street or grounds within the Fire Limits of the City of Oakland, or upon any street or sidewalk paved with or constructed of bituminous rock or any other combustible material, without first obtaining a written permit from the Board of Public Works. Section 2. An ordinance entitled ''An Ordinance to Prevent the Burning of Rubbish in the Streets or Public Grounds of the City of Oakland," approved August 5, 1885, and all ordinances amendatory thereof, are hereby repealed. Section 3. Every person violating any provision of this ordin- ance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars: and in case said fine be not paid, by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 447.) ORDINANCE No. 1188. AN ORDINANCE FOR THE PREVENTION OF INJURY TO SIDEWALKS. 152 GENERAL MUNICIPAL ORDINANCES Be it Ordained bv the Council of the City of Oakland, as follows: Section I. No person shall cut, carve, hack, hew or otherwise injure or deface any bituminous or other sidewalk on any public street in the City of Oakland. Section 2. Every person violating any provision of this ordin- ance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and in case such fine be not paid then by imprison- ment at the rate of one day for every dollar of the fine so imposed. Section 3. One half of each fine collected, under the provisions of the preceding section, shall be paid by the Clerk of the Police Court, upon the order of the Judge thereof, to the person procuring the arrest and conviction of the person so fined. Section 4. This ordinance shall take effect immediately upon its approval. (Approved August 22, 1890. Vol. 3, p. 495.) ORDINANCE No. 1220. AN ORDINANCE TO REGULATE THE DIGGING OR RE- MOVAL OF PORTIONS OF THE ROADWAY OR SIDE- WALK OF PUBLIC STREETS AND PLACES. Be it Ordained by the Council of the City of Oakland, as follows: Section I. No person shall dig or remove any portion of the roadway or sidewalk of any public street or place without first ob- taining a permit therefor from the Board of Public Works; provided, however, that the foregoing provisions of this ordinance shall not apply to the laying of water or gas mains, or to the doing of work on public sewers or streets under contract as provided by law, or to the doing of any act authorized by general law or franchise of this Council. Section 2. Before the issuance of any permit to dig up the road- way of any public street for the purpose of laying any sewer, gas or other pipes, the person to whom it is to be issued shall deposit with said board the sum of at least $20. Said deposit shall be returned upon the prompt replacement of such street to the satisfaction of the Board; otherwise to be forfeited to the city and used by said Board. OF THE CITY OF OAKLAND, CAL. . 153 or so much thereof as may be necessary for the putting of such street in a proper condition; and such deposit shall be returned only after said Board has caused said work to be examined and has found the said street to be replaced as required by this ordinance. Section 3. Every person, corporation or association digging up or removing any portion of any roadway or sidewalk shall, with dili- gence, do such digging or removal, and the acts for which such digging or removal are necessary, and replace such roadway or side- walk in good condition, shall wet and tamp the soil whenever neces- sary, shall leave no ridges or depressions, shall keep in good repair for a period of six months such portion of the public street so dug up or removed. Section 4. Every person digging up any sidewalk for the pur- pose of constructing a cellar under the same, shall with diligence carry on such work, and by means of a temporary walk or otherwise promptly put such sidewalk in safe condition for use by pedestrians for at least the one-half its width adjacent to the roadway. Section 5. Every person doing any of the work hereinbefore mentioned shall do the same in good, workmanlike manner, under the direction and to the satisfaction and approval of the Board ol Public Works, and shall obey all such lawful orders of said Board as may be made for the carrying into effect of the foregoing provisions of this ordinance. Section 6. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 7. This ordinance shall take effect immediately upon its approval. (Approved October 30, 1890. Vol. 3, p. 532.) ORDINANCE No. 1702. AN ORDINANCE TO REGULATE THE DIGGING OR RE- MOVAL OF PORTIONS OF THE ROADWAY OR SIDE- WALK OF PUBLIC STREETS AND PLACES. 154 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person, firm or corporation shall, in the City of Oakland, tear up or loosen or remove any part of the macadam or other surface dressing of any public street or public thoroughfare without first giving written notice thereof, together with a plan, show- ing the exact location of the proposed work to the Board of Public Works of the said city, and at the same time depositing with said Board of Public Works $10.00 for each thirty square feet of surface or portion thereof to be torn up or loosened, which said sum shall be retained by said Board of Public Works for the space of one year after the completion of the work and the filing of the certificate of the Superintendent of Streets, as provided in Section IV of this ordinance, as security for any damage or expense that may be caused thereby, and that the street may be left in as good condition as it was before being torn up, loosened or disturbed, and be left without depression or ridges, and at the expiration of one year after the completion ot said work and the filing of said certificate, said sum shall be returned to the person, firm or corporation making such deposit, except as provided in Section VI of this ordinance. Section 2. All such work shall be clone to the satisfaction of the Superintendent of Streets of said city, and all the materials taken up or removed shall be replaced, excepting where pipes of six inches or larger, in diameter, are laid, due allowance shall be made for the neces- sary displacement of earth, and when pipes are laid the filling ot trenches shall be thoroughly tamped and wet down, and the surface dressing shall be thoroughly rolled or tamped so as to conform with the original surface of the street. The person, firm or corporation so opening, loosening or removing the surface dressing, shall, at any time within one year after replacing the same, on demand of the Superintendent of Streets or Board of Public Works, repeat the work of refilling the macadam or bitumen or surface dressing and do all filling that may be necessary to raise any sunken part of the street above said pipe to the proper grade or original surface of the said street. Section 3. Every person, firm or corporation digging up or re- moving any portion of any roadway or sidewalk or public thorough- fare, shall, with due diligence do such digging or removal, and the acts for which such digging or removal are necessary, and shall im- mediately replace said materials removed as specified in Section 2 of this ordinance. Section 4. Upon the completion of any of the work above men- tioned, the Superintendent of Streets, shall inspect the same upon due notification from the person, firm or corporation so doing said work. And if the street is found to be in good condition he shall so certity OF THE CITY OF OAKLAND, CAL. 155 upon notice of said person, firm or corporation, to the Board of Public Works. Section 5. In lieu of said cash deposit, a bond in double the amount required for said deposit, or a general bond in the sum ot $5000, with two good and sufficient sureties, approved by the Chair- man of the Board of Public Works, shall be filed with the Board ot Public Works, said bond to be conditioned that said roadway be lett and maintained as herein provided, in as good condition as the same existed before being torn up or disturbed, and that all materials shall be replaced according to the provision of this ordinance ,and that the person, firm or corporation doing the said work shall at any tfme within said one year after the notice to the Superintendent of Streets of the completion of said work, forthwith repeat said work of filling, grading or refilling the macadam, bitumen or portion thereof, upon notice as herein provided from the Superintendent of Streets or the Board of Public Works that the same is necessary. Section 6. Any such person, firm or corporation failing to well and truly do all acts required by Sections I, 2, and 3 of this ordinance, shall be notified by the Superintendent of Streets or Board of Public Work to fully comply with the requirements of said section within five days after service upon such person, firm or corporation of a written notice to that effect, and which said notice may be given at any time within said one year after the completion of said work, and upon such person, firm or corporation failing to do so within five days after the giving and making of such demand, the Superintendent ot Streets under direction of the Board of Public Works, shall repair said street or public thoroughfare, and the Board of Public Works shall pay the cost therefor out of the money deposited as heretofore re- quired by Section i hereof, in case money has been deposited as herein provided, and the remainder of said money so deposited, if any, shall thereupon be paid to such person, firm or corporation, or in case no such deposit has been made, but in lieu of said deposit, a bond shall have been filed as provided in Section 5 hereof, an action at law shall be commenced and prosecuted upon said bond for the recovery of such damages, costs and expenses as may have accrued to the said .City or Board of Public Works by reason of the failure to fulfill the con- ditions thereof. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 8. Every person violating any requirements of this or- dinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars and in case such fine be not paid, then by imprisonment at the rate of cne day for every two dollars of the fine so imposed. 156 GENERAL MUNICIPAL ORIDINANCES Section 9. This ordinance shall take effect immediately upon its approval. (Approved September u, 1895. Vol. 4, p. 716.) ORDINANCE No. 1252. AN ORDINANCE DECLARING AND DETERMINING THE SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS AND ARTIFICIAL STONE CURBS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The specifications for the construction of sidewalks and artificial stone curbs in the City of Oakland are hereby declared and determined to be as follows: Section 2. Sidewalks must be constructed of cement or of bitu- minous sand rock, width of walk six feet, unless otherwise provided by resolution of the Council. Section 3. Rise of sidewalk from curb shall be at uniform rate of one-third (1-3) of an inch to the foot, except upon streets where the intersecting streets have different widths of sidewalks, in which case the slopes shall be averaged at the corners. Section 4. The grade for the cement curb shall be two (2) inches above the wooden curb grade. All sidewalks must be constructed to the official lines and grades, as given by the City Engineer. All materials used and work done must be under the supervision and to the satisfaction of the Superintendent of Streets of said city. (Cement Walks.) Section 5. Foundation The excavation for the foundation must extend at least six (6) inches outside of the lines of walk on each side. Where the ground is of adobe the same must be excavated to a depth of ten (10) inches below the sub-grade of the cement work. If the adobe i.? less than ten (10) inches thick, the same must be wholly removed. The cavity thus formed is to be filled with broken rock, gravel, sand or earth, other than the adobe, thoroughly rammed to sub-grade of cement work, smooth and even on surface, all to be thoroughly sprinkled with water. OF THE CITY OF OAKLAND, CAL. 157 Where there is no adobe the ground is to be made solid and smooth to sub-grade by tamping; all roots and perishable material to be removed. Cement work The first or lower layer of cement work to be not less than two and one-quarter (2^4) inches thick, and up to within three-quarters (.^4) inch of grade after thorough tamping. It shall be formed of best quality of fresh Portland cement of a brand ap- proved by the Board of Public Works and mixed with- clean gravel entirely free from dirt or clay, in the proportion of one barrel ot cement to seven barrels of gravel. The cement and gravel to be first thoroughly mixed dry and thereafter water added by sprinkling, the mixing to be continued until every particle of gravel is coated with cement, and the mass to be just wet enough so that in ramming or tamping the water will not splash. The concrete shall be made up in batches only so fast as it can be laid in*place and tamped before the cement has set. The top layer, three-quarters ($4) of an inch thick, to be com- posed of one barrel of cement to one barrel of fine, screened, clean gravel, the mortar to be first mixed dry then sprinkled with water. All mixing for top layers must be done in mortar boxes. Immeditely before laying the top layer, the first or lower layer shall be covered with a grout composed of one barrel cement to one barrel of screened gravel. The top layer to be troweled to smooth and even surface and line in blocks not exceeding four square feet. The gravel for the top layer must be colored with dry lamp black in the proportion of one pound lamp black to one barrel of gravel, thoroughly mixed before adding cement. The work shall be properly protected from sun and frost. By a barrel of cement is meant an unbroken original package or barrel of fresh A I Portland cement of full standard weight, tensile strength and measure. The barrel for measuring the gravel must be of same size as the cement barrel. (Bituminous Sand Rock Sidewalks.) Section 6. (a) All sidewalks constructed of bituminous sand- rock shall have a foundation of hard, broken, seamless rock (of size to pass through a two-inch ring) at least three (3) inches inthickness, the same to be thoroughly rolled or tamped and having the inter- stices filled with hard rock screenings or gravel. (b) The top dressing of the sidewalk shall consist of a layer of bituminous sand rock equal to the best Santa Cruz or San Luis Obispo bituminous rock, and at least one inch in thickness, laid hot, and well rolled and ironed. (c) Bitumen to be so laid that neither horses nor vehicles touch the foundation after the same has been rolled. 158 GENERAL MUNICIPAL ORDINANCES (d) The edges of the walk to be retained by 2x4 inch redwood strips spiked to 2x3 inch redwood stakes 15 inches long, driven every 6 feet apart, all flush with surface of the walk. (Artificial Stone Curbs.) Section 7. Artificial stone or concrete curbs to be 8 inches wide by 16 inches deep. The molds to be banked up with earth so as not to move with tamping. Concrete to be filled in and thoroughly tamped to within three-quarters of an inch of grade, final layer ot mortar of one to one cement and gravel, to be then filled in and smoothed with a trowel. After setting for twelve hours it shall then be covered with earth 6 inches deep and kept covered for three weeks. Section 8. Whenever the sidewalk is to be constructed by pub- lic contract under the general street law of the State % of California, each bidder therefor must use the blank forms of proposals furnished by the City Clerk, and must file with the City Clerk and also with the Superintendent of Streets of said city, at least once before filing his proposals, samples of material to be used. The materials furnished must be up to the standard of the samples upon any work which may thereafter be awarded to said bidder. Section 9. Upon the completion of the work, and before the issuance of the assessment warrant, the contractor shall file with the Superintendent of Streets a bond in the sum to be determined by the Mayor of the City of Oakland, guaranteeing the work for one year from injury by ordinary use. Said bond shall be approved as to suf- ficiency by the President of the Board of Public Works, and shall be upon the blanks furnished by the Superintendent of Streets. Section 10. All ordinances or parts of ordinances in conflict here- with are hereby repealed. Section n. This ordinance shall take effect and be in force on and after its approval. (Approved March 4, 1891. Vol. 3, p. 567.) ORDINANCE No. 1253. AN ORDINANCE CONCERNING THE CONSTRUCTION OK SIDEWALKS AND CURBS IN THE CITY OF OAK- LAND. OF THE CITY OF OAKLAND, CAL 159 Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person to construct or cause to be constructed in the City of Oakland any side- walk or curb without first obtaining from the Board of Public Works of said city a permit in writing so to do, unless the construction of said sidewalk or curb shall have been ordered by the Council. Section 2. Said permit shall be issued by said Board to the per- son applying therefor upon the payment of fifteen ($15) dollars -as deposit, which deposit sum shall be retained by said Board until the completion of the sidewalk or curb in the permit described and the removal of all debris caused by said construction. Said debris shall be removed within five (5) days after notice from the Superintendent of Streets, and if not so removed, the Board of Public Works are hereby authorized to have the same done at the expense of the con- tractor, and the deposit of $15 to be applied in payment therefor. When sidewalk and curb are fully constructed and debris removed to the satisfaction of said Board and Superintendent of Streets, then the deposit shall be refunded by said Board to the depositor upon surrender and cancellation of said permit; provided, however, that in no case shall such permit be granted to construct sidewalk or curb where the Council has passed Resolution of Intention to construct such sidewalk or curb. Section 3. Said permit shall be upon blank forms provided by the Board of Public Works, and shall specify the name and resi- dence of the applicant, the location of the property in front of which the proposed sidewalk or curb is to be constructed, the length and width of said walk or curb and the material to be used in its con- struction. Said permit shall also contain a true printed copy of the provisions of the ordinance or ordinances setting forth the specifica- tions adopted by the Council of the City of Oakland for the con- struction of curbs and of cement or bituminous sand-rock sidewalks. Section 4. No sidewalk shall hereafter be constructed in the City of Oakland other than of cement or bituminous sand-rock unless special permission therefor be first obtained from the Council of said city by the owner of the property in front of which the walk is to be laid. Section 5. Within the fire limits of said city, as declared by its ordinances, only granite curbing shall be constructed. Section 6. All sidewalks and curbs hereafter laid must be con- structed in every particular in accordance with the permit therefor issued and the specifications therein recited, and must be completed within thirty days from date of permit, unless an extension of time thereon be granted by the Council. i6o Section 7. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hun- dred dollars, and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every dollar of the fine so imposed. Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 9. This ordinance shall take effect immediately upon its approval. (Approved March 4, 1891. Vol. 3, p. 572.) ORDINANCE No. 1262. AN ORDINANCE DECLARING THE SPECIFICATIONS FOR THE LAYING OF STRADAMANT ASPHALTUM PAVEMENTS AND CROSSWALKS UPON THE STREETS, AVENUES, ALLEYS, PUBLIC PLACES AND HIGHWAYS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: The specifications for the laying of stradamant asphaltum pave- ments and crosswalks upon the streets, avenues, alleys, public places and highways of the City of Oakland shall be and are as follows: Section I There shall be four classes of stradamant asphaltum pavement and crosswalks, to-wit: Class A Top layer one inch thick of stradamant; asphaltic suf- facing laid upon a foundation of stradamant; asphaltic concrete five (5) inches thick. Class B Top layer (1^2) one and one-half inches thick of stra- aamant; asphaltic surfacing laid upon a foundation of stradamant; asphaltic concrete (4^) four and one-half inches thick. Class C Top layer one inch thick of stradamant; asphaltic sur- facing laid upon a foundation of stradamant; asphaltic concrete (3) three inches thick. Class D Top layer (Y 2 ) one-half inch thick of stradamant; sur- facing laid upon a foundation of stradamant; asphaltic concrete (2^/2) two and one-half inches thick. All measurements for thickness to be taken after final compression. The concrete and pavement to be well rolled and tamped. OF THE CITY OF OAKLAND, CAL. 161 (General Provisions.) (a) All Resolutions of Intention shall declare the class of pav ing. (b) All work shall be to the official line and grade as set by the City Engineer of said city. (c) All work shall be done to the satisfaction of the Superintend- ent of Streets of said city. (d) The crown of roadways not exceeding 32 feet in width shall be two inches above the curb, and of roadways of greater width, four inches, unless otherwise provided in the order of work. (e) All work shall conform to the general or special plan posted with the Notice to Contractors. (f) Road-bed to be brought to a true and even arc, and thor- oughly compacted by rolling with a roller of at least ten (10) tons weight before laying concrete for street pavements. Sub-grade for cross walks shall be thoroughly compacted by tamping. (g) Road-bed must be clear of all refuse, slush and sponge earth before rolling. (h) Trenches caused by sewer gas or water pipes must be settled b,y water and tamped solid. (i) Upon the completion of the work the contractor must re- move all surplus material from the street. (j) The City Engineer or the Superintendent of Streets of said city, each in his respective capacity, shall have the authority to order the employes of any contractor to stop the construction of any work whenever in the judgment of either of said officials the same is not being done in accordance with the specifications. The contractor shall instruct his employes to obey forthwith any such orders from either of said officials. (k) All work must be so prosecuted as not to blockade the street unnecessarily. (1) Upon the completion of the work and before the issuance of the assessment warrant therefor, the contractor must file with the Superintendent of Streets a bond in the sum to be determined by the Mayor of said city, guaranteeing the work for five (5) years from injury by ordinary use. Said bond shall be approved as to sufficiency by the President of the Board of Public Works of said city, and shall be upon the blanks furnished by said Superintendent of Streets. (Proposals. How Made.) All proposals to be upon blanks furnished by the City Clerk. Each bidder for paving shall file with the City Clerk, and also with the Superintendent of Streets of said city, at least once before filing his proposals, block samples of each class of pavement. The mater- i6a GENERAL MUNICIPAL ORDINANCES ials furnished and the pavement laid must be up to the standard of such samples upon any work which may thereafter be awarded to said bidder. Section 2. This ordinance shall take effect upon its approval. (Approved March 28, 1891. Vol. 3, p. 595.) ORDINANCE No. 1267. AN ORDINANCE TO PROHIBIT THE ERECTION OR MAINTENANCE OF WOODEN AWNINGS OVER OR UPON THE SIDEWALKS OF CERTAIN STREETS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall erect or maintain any wooden awn- ing, over or upon any sidewalk of Broadway or Washington streets, between the center lines of Seventh and Fourteenth streets in the City of Oakland. Section 2. Every person violating any provision of this ordin- ance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every one dollar of the fine so imposed. Section 3. This ordinance shall take effect ninety days from and after its aproval. (Approved May 8, 1891. Vol. 3, p. 606.) ORDINANCE No. 1283. AN ORDINANCE DECLARING CERTAIN TREES GROWING IN THE PUBLIC STREETS, UNDER CERTAIN CON- DITIONS, NUISANCES AND PROVIDING FOR THEIR ABATEMENT. OF THE CITY OF OAKLAND, CAL. 163 Be it Ordained by the Council of the City of Oakland, as follows: Section I. Any pine, poplar, cottonwood or eucalyptus tree growing in any public street or sidewalk which is endangering or which may in any way endanger the security or usefulness of any public sewer or sidewalk is hereby declared a public nuisance. Section 2. Whenever it may appear to the satisfaction of the Superintendent of Streets that public necessity requires the removal of any tree coming under operation of the provisions of Section i ot this ordinance, it shall be the duty of said Superintendent of Streets to report the same to the Council, and the Council may by resolu- tion order the same removed, and the said Superintendent of Streets, after the adoption of such resolution, shall have authority to remove the same forthwith. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall go into full force and effect im- mediately after its approval. (Approved June 3, 1891. Vol. 3, p. 635.) ORDINANCE No. 1298. AN ORDINANCE REGULATING TRAFFIC AND SALES IN THE STREETS AND HIGHWAYS OF THE CITY OF OAKLAND, PREVENTING SUCH TRAFFIC AND SALES FROM ENDANGERING THE PUBLIC COM- FORT AND SAFETY. Be it Ordained by the Council of the City of Oakland ', as follows: Section i. It is hereby determined and ordained that it is neces- sary to regulate traffic and sales in the streets and highways of the City of Oakland, and that in order to properly regulate the same, to secure the public safety and comfort, it is necessary that such trade and traffic in streets and highways be regulated in accordance with the terms and provisions contained in this ordinance. Section 2. It is hereby declared to be unlawful for any person at any place in any of the streets or highways of the City of Oakland, and included in the territory described in this section, to traffic in, 164 GENERAL, MUNICIPAL ORDINANCES vend or sell, or to attempt or offer to traffic in, vend or sell any goods, wares, merchandise, meats, vegetables, fruits, berries, produce, or any article of household, family or domestic supplies; and every such act at any such place, whether of so trafficking, vending or selling, or of attempting or offering to so traffic, vend or sell such property, o? any thereof, is hereby declared to be unlawful; but. the sale, vending or trafficking, or the offer to sell, vend or traffic in any of said personal property by a person at his fixed place of business, con- ducted in a building or store lawfully occupied by him and fronting or abutting upon any street or highway within said territory, is not and shall not be construed to be unlawful hereunder. The territory above referred to in this section is bounded and particularly described as follows: Commencing at a point formed by the intersection of the north- erly projection of the eastern line of Clay street, with the northern line of Fourteenth street in said City of Oakland, and running thence easterly along the northern line of Fourteenth street to its intersection with the eastern line of Franklin street; thence southerly along the eastern line of Franklin street to its intersection with the northern line of Sixth street; thence westerly along the northern line of Sixth street to its intersection with the eastern line of Clay street, and thence northerly along the eastern line of Clay street and its north- erly projection to the intersection thereof with the northern line of Fourteenth street. Section 3. Nothing herein contained shall be construed as pre- venting or making unlawful the prompt delivery in good faith of any of said personal property to or at any such fixed place of business (so situated and conducted in such building or store within said terri- tory) in any case where such personal property, so being delivered, is actually and in good faith consigned goods, or has actually and in good faith been theretofore purchased at a place outside of said terri- tory by such lawful occupant of such fixed place of business, actually doing business therein, and said property is in either such case then being delivered to him thereat. Section 4. The word "person" as used in this ordinance shall include partnerships, associations, firms, companies and corporations as well as natural persons. Section 5. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon con- viction thereof shall be subjected to and shall pay a fine not exceed- ing one hundred dollars, and in case the fine imposed be not paid, such person shall be imprisoned in the City Prison of the City of Oakland at the rate of one dollar per day until the fine so imposed be satisfied. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. OF THE CITY OF OAKLAND, CAL. 165 Section 7. This ordinance shall take effect from and after it* approval. (Approved July 11, 1891. Vol. 3, p. 654.) ORDINANCE No. 1354. AN ORDINANCE REGULATING THE CONSTRUCTION OF PRIVATE SEWERS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall tap any public sewer or construct any private or side sewer connected with any public sewer in any public street of the City of Oakland without first obtaining the permit hereinafter mentioned, or without constructing in said sewer a sul- ficient trap for the prevention of any gas, effluvia or nauseous smell from escaping through the same into any room, building, premises, street, lane or alley. Section 2. Any person desiring to tap any public sewer or con- struct any private or side sewer connecting with any public sewer shall apply to the Board of Public Works, who, upon deposit of the sum of $20, shall issue a permit therefor, specifying the place where such private sewer is to be constructed or connection made, and also the time within which said work is to be completed. No such permit shall be granted to any person who, in performing any similar work under a former permit, has been derelict in the performance of any duty incumbent upon him. In place of the said deposit of $20, a bond must be given with two sureties, payable to the City of Oak- land, for the sum of five hundred dollars, conditioned that all work done and material furnished by the maker of said bond shall be to thi satisfaction and approval of the Superintendent of Streets. Said bond shall be approved by the City Attorney and Superintendent ot Streets. (Amendment approved March 21, 1895. Vol. 4, p. 674.) Section 3. All such sewers shall be constructed of materials of good quality, shall be laid and cemented in a good and workmanlike manner; and all connections with public or other sewers, and also the replacement of all soil, macadam or other material removed, shall also be made and done in a good and workmanlike manner, with dili- gence, within the time allowed, and to the satisfaction and approval of the Board of Public Works. 166 GENERAL MUNICIPAL ORDINANCES Section 4. Upon the proper completion of such work within the time specified, or such reasonable additional time as the Board ol Public Works may in their discretion grant, and upon their approval of the same, they shall return the deposit hereinbefore referred to; otherwise the same shall be at once forfeited and paid to the City- Treasurer, and the Board of Public Works shall proceed forthwith to put in good condition, at the expense of the city, the portion of the street which has been dug up. Section 5. Every person violating any provision of this ordi- nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 6. An ordinance entitled "An Ordinance Regulating Pri- vate Sewers in the City of Oakland," approved July 13, 1870, is hereby repealed. Section 7. This ordinance shall take effect immediately upon its approval. (Approved October 2, 1891. Vol. 3, p. 722.) ORDINANCE No. 1355. AX ORDINANCE TO REGULATE THE PLACING OF BUILDING MATERIAL AND OTHER OBSTRUCTIONS UPON PUBLIC STREETS He it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall place or cause to be placed on any street, sidewalk or public place in the City of Oakland, any material machinery or apparatus for building, paving or other purposes and allow the same to there remain for over 24 hours without a permit from the Board of Public Works. Such permit shall specify the por- tion of the street or sidewalk to be used and the period of such use, which period shall not be larger than may be reasonably necessary, and may be extended only in case of necessity. Section 2. Every person having control of any such material, machinery or apparatus shall obey every lawful direction of the Board of Public Works as to such building material, whether contained in said permit or made after issuance thereof. OF THE CITY OF OAKLAND, CAL. 167 Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. Section 5 of an ordinance entitled "An Ordinance to Regulate Streets; Sidewalks and Public Grounds, etc.," approved March 15, 1872, is hereby repealed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved October 2, 1891. Vol. 3, p. 725.) ORDINANCE No. 1362 AN ORDINANCE ESTABLISHING AND DEFINING THE LINES OF TWELFTH STREET, BETWEEN FALLON STREET AND FIRST AVENUE, IN THE CITY OF OAK- LAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Twelfth street, between Fallen street and First avenue, is hereby declared to be a public street within the following described lines: Beginning at a point on the southerly line of Twelfth street, dis- tant three hundred and seventy-five and 25-100 feet (375.25) easterly from the southeasterly corner of Oak and Twelfth streets, said point being forty and 5-100 (40.05) feet southerly from the brass pin in the concrete monument situated in the center of said Twelfth street aivl distant three hundred and seventy-three and 15-100 (373.15) feet easterly from the east line of Oak street; thence running easterly from said point of beginning on a line deflecting seven degrees and thirty-eight and one-half (7 deg. 38^ min.) minutes to the left, or northerly from the southerly line of said last named Twelfth street (being the pro- posed southerly line of Twelfth street) a distance of twelve hundred and seventy-four (1274) and 95-100 feet to the intersection of the pro- posed southerly line of Twelfth street with the northwesterly line ot First avenue; thence northeasterly eighty-one (81) 3-10 feet to the inter- section of the northwesterly line of First avenue with the proposed northerly line of Twelfth street, which is eighty (80) feet northerly oi 168 GENERAL MQNICAPAL ORDINANCES and parallel with the proposed southerly line of Twelfth street; thence westerly and parallel with said proposed southerly line of Twelfth street to a point opposite the point of beginning, and eighty (80) feet distant northerly therefrom; thence southerly at right angles eighty (80) feet to the point of beginning. Section 2. All ordinances and parts of ordinances in conflict are hereby repealed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved November 16, 1891. Vol. 3, p. 733.) See also Ordinance No. 1116, "Establishing Twelfth Street Across the Dam." Vol. 3, p. 406.) ORDINANCE No. 1367. AN ORDINANCE TO PREVENT FAST AND RECKLESS DRIVING. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall ride or drive any horse or other animal upon any public street or place in the City of Oakland in such a manner as to endanger or unreasonably incommode any person, or at a rate of speed exceeding nine miles an hour. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved November 17, 1891. Vol. 3, p. 739.) ORDINANCE No. 1386. AN ORDINANCE TO REGULATE THE IMPROVEMENT OF THE ROADWAY OF PUBLIC STREETS BY PRIVATE CONTRACT. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall cause or allow the construction by private contract of any macadam, stone, bituminous sand rock or OF THE CITY OF OAKLAND, CAL. 169 similar roadway in any public street of the City of Oakland, in front of property owned by him, or under his charge or control, unless per- mission therefor shall have been first obtained from the City Council. Section 2. No person having charge of, or causing any such work to be done, shall cause or allow the same to be done otherwise than in conformity to the official grade and lines, and in accordance with the specifications prescribed by the respective ordinances in force and relating to the same class of work. Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not to exceed one hundred dollars, and in case sai-i fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Approved December 23, 1891. Vol. 4, p. 14.) ORDINANCE No. 1422. AN ORDINANCE DECLARING AND DETERMINING THE GENERAL SPECIFICATIONS FOR REPAIRING, IM- PROVING AND PAVING THE STREETS, AVENUES, ALLEYS AND HIGHWAYS OF THE CITY OF OAK- LAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The general specifications for the repairing, improv- ing and paving of the streets, avenues, alleys and highways of the City of Oakland, which shall include the grading, curbing, forming gutters, cross-walks, culverts, macadamizing and paving with bituminous sand rock of said streets, avenues, alleys and highways of the City of Oak- land shall be and are hereby determined to be and fixed as, and declared to be as set forth herein, and the same shall be the specifications for, and all work of repairing, improving or paving said streets, avenues, alleys and highways in the City of Oakland shall be done under aivt in accordance with such specifications, unless otherwise ordered and officially determined by law. (Grading.) Section 2. All streets shall first be brought to the proper sub- grade, as shown by the levels and lines of the City Engineer, and the 170 GENERAL MUNICIPAL ORDINANCES roadway be given an even surface. The roadway to be brought by filling and rolling to a true arc from gutter to gutter, and thoroughly rolled with a roller weighing not less than ten tons, keeping surface up to said arc by filling more earth where depressed by rolling. In excavation, not over two blocks of street to be broken up at one time, and such blocks must be completed to grade before groun-1 is broken on additional blocks, unless otherwise requested by a major- ity of owners of property fronting on street to be graded. In the removal of trees the roots must be taken out. At the cross streets and at end of work the bank must be cut to a slope accessible to vehicles, said slope to be three horizontal to one \ertical, and to be estimated in the work. In filling streets, no perishable or unwholesome material to be used, such as rubbish, brush, straw, manure, wood, or anything of fensivc. Cesspools, old drains or wells in the streets to be cleared of any impure matter and filled by the contractor. In filling a street during the dry season, on which macadamizing or paving is to follow the grading in the same season, the earth filled must be put in layers of one foot deep and each layer rolled with a roller of at least ten tons weight. Contractors must, during the progress of the work, mark any place liable to be dangerous to travel, by night with lanterns, and in the daytime with conspicuous poles, stakes or red flags. Slopes into lots to be not less than \ l / 2 horizontal to i vertical, except where the lots are filled by the contractor at the time of grading the streets, in which case there will be no slope estimated. All cavities formed by removal of old culverts and crosswalks must be cleared of wet and springy earth, and where street is to be paved with bitumen, the cavities must be filled to sub-grade of foundation with broken rock, which is to be tamped or rolled. Amount of filling to be estimated in cubic yards of space actually filled. (Curbing.) Section 3, Article I. Wooden Curbs Wooden curbs are to be of sound 3x12 redwood plank, free from sap, warp, wind or split-5, securely nailed with fifty-penny nails to 4x4 redwood stakes 2^2 feet long, unless in the order of work a different length of stake is specified. Joints of curb to be at middle of stake, outer face of curbs macu flush by sizing curb next to stake. Stakes to be not over ten feet apart. Article 2 Granite or Sandstone Granite or sandstone curbs are to be six inches wide on top, and to average 16 inches in depth, but not less than 14 inches in depth. If of sandstone, the outer edge must be ?4 round, 1^2 inch radius. OF THE CITY OF OAKLAND, CAL. 171 Front face to full depth of gutter to be dressed even, top dressed square and true, back face dressed 2 inches in depth. Lengths not less than 4 feet. Joints true and square. Circular curbs to be of radius given in plans on file in City Clerk's office. Granite or sandstone curbs to be firmly bedded upon not less than 4 inches of sand or gravel. Earth either side to be tamped solid. (Cement.) Article 3. Cement curbs which are found to be- in perfect con- dition, of full depth, well seasoned and unimpaired or unbroken, may remain and be excepted from the work, provided they are on the official line and grade. New cement curbs are to be constructed as follows: Size Width 8 inches, depth 16 inches, outer edge i}4 round, i inch radius. Interior of curb to be of concrete composed as follows: One part best Portland cement, two parts of clean, sharp sand, four and a half parts broken or crushed hard rock free from clay, slate, dirt or dust. The top finish to be composed of one part Portland cement * to one part clean, sharp sand, this finish to be 4 of an inch thick. The outer face of finish to be of same proportion as top, and not to be less than J4 of an inch thick for a depth of nine inches. For mixing concrete, parts to be measured in bulk, cement and sand to be mixed dry by turning at least twice, so as to be thoroughly mixed, then thoroughly mixed with the broken stone, sprinkled with clean water, while mixing, so as to form a plastic mass and not to run, and so that the concrete may be tamped in moulds without splashing. Place mould board on each side full depth of curb, firmly braced in position. As concrete is put in moulds work in concrete next to moulds with straight spade. Tamp concrete thoroughly to within fa of an inch of grade. The top finish to* be evenly finished to grade and line. In mixing concrete care must be taken not to mix more than can be put in place before it sets. After cement work is set firm, cover the same with earth 6 inches deep and keep covered for three weeks; during hot weather earth to be kept damp. (Gutters.) Section 4, Article i Broken Rock All gutters to be as herein designated, to-wit: Broken rock gutters to be of trap or basalt rock, of a size to make not more than four pieces to one square foot of sur- face of gutter. Depth of rock not less than 6 inches. No openings or joints over i inch wide. 172 GENERAL MUNICIPAL ORDINANCES Rock to be paved on a bed of sand, fine gravel or cinders, of not less than 6 inches in depth. Rock to have fiat surfaces on top, and well rammed to an even surface and grade. f Gutters to be grouted so as to fill all joints with Portland cement, grout in proportion of one part cement to two parts of coarse sand or fine gravel, mixed with clean, fresh water, sufficient to pour in joints, joints being left open to receive grout and not otherwise filled. Article 2. Basalt or Belgian Blocks Basalt or Belgian fclock gutters to be laid with blocks which are as nearly rectangular as pos- sible; no wedge-shaped blocks allowed. Length of blocks not less than 8 inches, depth not less than 6 inches; to be laid in concrete at least 4 inches thick, composed of i part Portland cement to 4 parts fine gravel. Blocks in parallel rows lengthwise of gutter. Joints not over I inch wide. Top surface laid to grade. Gutters to be grouted so as to fill all joints with liquid grout, one part Portland cement to two parts of sand mixed with clean, fresh water sufficient to pour in and fill joints, the joints being left open to Deceive grout and not otherwise filled. Article 3 The form of all gutters to be as per section plan filed in office of City Clerk. Article 4 Bituminous Bituminous gutters to be on same founda- tion as bituminous paving. (Culverts of Class "A.") Section 4, Article i Ironstone Culverts of Class "A" are to be constructed of well-glazed vitrified ironstone pipe, with sockets free from warps, cracks and other imperfections. The pipe must be straight, and not vary from a true cylinder more than 1-12 of an inch for each 3 inches diameter of pipe. The trench for the pipe must be two feet wide, graded true, bottom uniformly solid and level. Joints to be thoroughly cemented with one to two cement mortar and cleaned on inside with swab or disk. Pipe to be laid upon the bottom of the trench, the earth tamped under pipe to 2 inches above bottom of pipe, and the trench to be then filled with concrete, well packed and tamped under the lower quarter* of the pipe, and covered with 6 inches thickness of concrete on both sides and top, except at the crosswalks, where the top covering shall be at least 3 inches thick. After the concrete is finished and has set for 12 hours, it must be covered with earth to a depth of at least 6 inches, and remain so covered for one week. "Y" branches with conduit pipes to be laid and concreted in same manner as culverts, as shown on plan posted with Proposals for Street Work. OF THE CITY OF OAKLAND, CAL. 173 (Culverts of Class "B.'') Article 2. (Cast-iron culverts, with or without cast-iron botoms) The material is to be of the best cast-iron, coated inside and out with a double coat of paraffine paint. They shall conform in every particular to the section plan posted with Proposals for Street Work. Culverts with cast-iion bottoms shall be bedded upon and in cement mortar two inches thick. The proportions of this mortar shall be one barrel of cement to six barrels clean gravel. Culverts with concrete bottoms shall rest upon a concrete founda- tion six inches thick, inside finish one-half inch thick, troweled smooth. The top and sides of culvert shall be covered with concrete, all as per section plan posted with Proposals for Street Work. The concrete must be rammed to place before setting. Article 3 Culverts of Class "C" (Wooden and iron culverts combined) The wooden bridge across the gutters must be of good, sound fir plank three inches thick and twelve inches wide, free frot.i sap, large or loose knots. Width of bridge, six feet. , These planks must be spiked with 5O-penny spikes to a four by six redwood sill at the outer end, and to the curb at the inner end, except the center plank, which must be fastened to the curb and sill with four inch spikes, with their heads set into the planks so as to come flush with the surface of the same. Where the curbing is concrete or stone, the bridge plank must be spiked to a four by six redwood sill, and laid in concrete against the curbing. The pipe to be used must be of the form shown on the plan posted with the proposals for street work. The culvert must extend between the paved gutters under the wooden bridges, and must be laid on a solid foundation, the joints to be securely cemented or leaded. For further details and dimensions reference is hereby made to said plan posted with proposals for street work. (Crosswalks Class "A.") Section 5, Article r. All crosswalks to be of either class A, B or C, the requirements of which respectively are as follows: Class A to be of bituminous sand-rock, not less than two inches thick, laid upon six inches of concrete; bitumen to be laid on hot and rolled with hot rollers. Edge of bitumen to be turned under at sides, the macadam lapping over flush with surface of bitumen. After the concrete is finished and has set for twelve hours, it must be covered with earth at least six inches in depth, and remain so covered at least one week before the bitumen is laid. The earth covering must 174 GENERAL MUNICIPAL ORDINANCES be entirely removed and the concrete swept clean before laying bitumen. (Class "B.") Article 2. Class B to be of bituminous sand-rock, not less than two inches thick, laid upon six inches of crushed rock of same class ot macadam as used on the street, and that will pass through two and one-half inch ring. Rock to be bonded with screenings and rolled with roller of at least ten tons weight. Bitumen to be laid in same manner as in class A. Article 3. The crosswalks of classes A and B shall extend from curb to curb, unless in the order of work wooden bridges over gutters are required. These bridges must be as in Section 6 provided. (Class "C.") Article 4. Class C to be of same material as macadam used on street, but raised 3 inches above surface of macadam, of width of 6 feet, to have wooden bridges same as culverts of Class C. (Macadam.) Section 6, Article i. All macadamizing shall be done only with hard rock of the igneous character known ;s hard blue trap rock or hard gray trap rock or basalt rock, and shall be such rock only as shall come within the requirements of either ist class rock or 2d class rock, the requirements of which classes are as follows, to-wit: ist class rock Shall be rock of igneous character and formation, trap or basalt, of irregular cleavage, and such as shall not lose by erosion and fracture upon testing same in the "rattler" belonging to City of Oakland for purpose of lesting rock, revolving at the rate ot not less than 28 revolutions per minute for three hours, more than fif- teen per cent of its original weight. 2d class rock Shall be trap or basalt rock such as shall not lose by erosion and fracture upon testing the same in the said "rattler," re- volving at the rate of not less than 28 revolutions per minute for three hours, more than 25 per cent of its original weight. Article 2. All rock submitted, or which shall be used in the macadamizing of a street, shall be of the character and size and of t'.v: class as herein designated and as called for by Resolution of Inten- tion each respectively, and shall be subjected to a test of three hours in said "rattler," revolving at the rate of not less than 28 revolutions per minute, by the City Engineer or Street Committee, or both, and no rock that after such test does not retain at least the minimum weight required by the requirements of the class called for in the Reso- lution of Intention and Proposals for Sjtreet Work, in each case res- OF THE CITY OF OAKLAND, CAL. 175 pectively, shall be used upon the streets, nor accepted by the city officials. Article 3. The work of macadamizing a street shall be of three grades or classes, designated as class A, class B and class C. The requirements of each respectively shall be as follows: Class A. After the grading and rolling of the street to the proper sub-grade, as prescribed hereinbefore, a layer of first-class rock, as above designated, of a uniform depth of nine inches before rolling, composed of rock of a size to pass through a three-inch ring, shall be placed on the sub-grade and then thoroughly rolled with a ten-tori roller, and so that a uniform surface is presented, and so that the crown of the street shall be preserved, as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said first-class rock, which screenings shall not be of a size less than l /4 of an inch in any direction, such top covering in no event* to be less than i inch or more than i l /2 inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Class B. After the grading and rolling of the street to the proper sub-grade, as prescribed hereinbefore, a layer of said first-class rock of a uniform depth of seven inches before rolling, composed of rock of a size to pass through a three-inch ring, shall be placed on the sub- grade, and then be thoroughly rolled with a ten-ton roller, and so that a uniform surface is presented, and so that the crown of the streat shall be preserved, as per cross-section for such street filed in the office of the City Clerk. The top surface to be well covered, so as to thoroughly fill all the interstices with fine screenings of said first-class rock, which screenings shall not be of a size less than J4 of an inch in any direction, such top covering in no case to be less than I inch or more than i l / 2 inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Class C. After the grading and rolling of the street to the proper sub-grade as prescribed hereinbefore, a layer of second class rock, as above designated, of a uniform depth of six inches before rolling, com posed of rock of a size to pass through a three-inch ring, shall be placed on the sub-grade, and then thoroughly rolled with a ten-ton roller, and so that a uniform surface is presented, and so that the crown of the street shall be preserved, as per cross-section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said second-class rock, which screenings shall not be of a size less than y of an inch in any direction, such top covereing in no event to be less than i inch, or more than \Y 2 inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. 176 GENERAL MUNICIPAL ORDINANCES (Bituminous Paving.) Section 7. Article I. All bituminous paving to be of one of the classes as follows: (First Class.) For the first class, the bituminous sand rock shall be 2/2 inches thick, laid on a 6-inch concrete foundation. Concrete to be in place and rammed before setting. Concrete to be wet twice a day for seven days, and be swept clean before being covered with the bituminous sand rock. (Second Class.) Article 2. For the second class the bituminous sand rock shall be 2 inches thick, laid upon a foundation of 6 inches of said second class rock. The size of the rock and the method of laying and compacting the same fo be as in this ordinance provided for macadamizing. The roadbed to be graded and rolled to sub-grade of rock with a roller not less than ten tons weight. (Third Class ) Article 3. For the third class, the bituminous sand rock to be i l /2 inches thick, laid on the old macadam, provided the macadam is not less than 6 inches thick, and the top surface at sub-grade of bitumen. Otherwise it shall be laid on a layer of 6 inches of said second class i ock, upon the same method of laying the rock as provided for macadam. The loadbed to be graded and rolled to sub-grade of rock, with a roller not less than ten tons weight. (General Provisions.) Article 4. All bituminous sand rock shall be laid hot, raked, smoothed and rolled with hot irons and rollers to a true and even surface, and then finally rolled with a ten-ton roller. Measurement for thickness of bitumen must be made after this final rolling of same. The bitumen shall be conveyed to the work in such manner that neither horses nor vehicles touch the concrete or rock foundation afte- it has been rolled. All soft and spongy earth to be removed in grading for bituminizing and any holes below sub-grade filled with rock or gravel and thoroughly tamped or rolled to sub-grade of rock. (Concrete.) Section S, Article i. When concrete is used in any work herein provided for, the following provisions shall govern: Proportions for concrete, for bituminous cross-walks, for laying cast-iron culverts with concrete bottoms, and for first-class bituminous sand rock paving; shall be: One (i) barrel cement, three (3) barrel* OF THE CITY OF OAKLAND, CAL. 177 clean, sharp sand, six (6) barrels clean, hard, seamless, second-class rock crushed to about the size of two-inch cubes. Proportions for concrete for laying iron-stone pipe culverts shall be: Qne (i) barrel cement to six (6) barrels of gravel. Inside" finish of the concrete bottoms for cast-iron culverts shall be one to one Portland cement mortar. Article 2. Concrete shall be mixed either by the most approved machine mixers or by hand. If by the latter process, then in the fol- lowing manner: The rock must be spread upon a level flooring, so as to make a pile of uniform 8-inch thickness, rectangular in shape. The cement and sand to be thoroughly mixed dry in mortar boxes apart from the rock. The mixture is to be then spread evenly upon the broken rock. The whole mass thus obtained to be then first mixed dry, so that the sand and cement shall be thoroughly incorporated witn the rock f and then finally mixed by shoveling it over while being sprinkled with water. There must be no loose water in the heap or on the flooring. The rock must be clean and well washed immed- iately before being spread upon the flooring as above described. The concrete must be mixed in batches or quantities each not exceeding what can be laid and rammed before the cement has set. Section 9. Whenever the word cement is used in this ordinance the best quality of fresh Portland cement, subject to approval of City Engineer and Board of Public Works, is intended. Lumpy cement must be rejected. By a barrel of Portland cement is meant an un- broken original package or barrel, of full standard weight and meas- ure. The barrel for measuring the sand and rock must be of the same size as the cement barrel. (General Provisions.) Section 10, Article i. All resolutions of intention shall declare the class of the paving, macadam, culverts or cross-walks, as herein specified. Article 2. In macadamizing or paving streets the roadbed shall be cleared of all rubbish, refuse, slush and spongy earth. Article 3. Trenches caused by sewer, gas or water pipe to b~ settled by water and tamped solid. Article 4. Roadbed to be brought to a true and even arc. am! thoroughly compacted by rolling with a roller of at least ten tons weight before laying any rock, and of at least ten tons weight before laying concrete for bituminous paving. Article 5. All work shall be to the official line and grade, as set by the City Engineer, and shall conform to the general or special plan, posted with the Proposals for Street Work. Article 6. All work must be so prosecuted as not to blockade the street unnecessarily. Lanterns must be set by the contractor at night to mark piles of material and obstructions. 178 GENERAL MUNICIPAL ORDINANCES Article 7. Upon completion of the work the contractor shah remove all surplus material from the street. No street having loos* rock upon its surface will be considered finished and acceptable. Article 8. All work shall be done to the satisfaction of the Superintendent of Streets. Article 9. Each bidder for street work shall file with the City Clerk and with the Superintendent of Streets, at least once before filing his proposals, and whenever requested, samples of material to be used. The materials furnished must be up to the standard of the samples upon any work which may thereafter be awarded to said bidder. (Proposals How Made.) Section n, Article i. All proposals to be upon blanks furnished by the City Clerk. Article 2. All ordinances or parts of ordinances in conflict here- with are hereby repealed. Article 3. This ordinance shall take effect and be in force on and after its approval. (Amendment approved May 29, 1893. Vol. 4, P- 427.) (Approved May 12, 1892. Vol. 4, p. 188.) ORDINANCE No. 1437. AN ORDINANCE PROVIDING REGULATIONS CONCERN- ING ACCEPTANCES OF IMPROVED PUBLIC STREETS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. In addition to the requirements and conditions re- quired by the general law concerning the acceptance of public streets, after the same have been fully constructed, the following regulations are hereby adopted as the regulations to be followed and complied with before acceptance of any street by the City Council. No street, or portion of street, less than the entire width of the roadway, including the curb, and at least one block in length, or one entire crossing, shall be accepted. No street, or a portion of a street, shall be accepted until after the same shall have been fully constructed to the satisfaction of the Super- OF THE CITY OF OAKLAND, CAL. ] 79 intendent of Streets, of the City Engineer and of the City Council, and shall be in good condition throughout, and shall have been constructed under and in conformity with the following requirements, to-wit: Such street, or portion of street, including curbing, shall be graded to the official grade throughout its entire width, and curbed in accord- ance with specifications contained in Ordinance No. 1422, or such other specifications as hereafter may be adopted, and macadamized or re-macadamized with first-class rock, in accordance with the specifica- tions of said Ordinance No. 1422, or such other specifications as here- after may be adopted, or in lieu of such macadamizing shall have been paved with bituminous sand rock in accordance with the provisions of said ordinance, or paved with Belgian blocks or compressed asphaltum or bituminous sand rock blocks, or stradamant pavement, in accord- ance with specifications therefor adopted by ordinance of said City Council. There must be also in such street a good and sufficient sewer, constructed in accordance with the specifications for sewers and sewer work now adopted, or that may hereafter be adopted, for such work by said Council; and there must also be gas and water pipe mains laid in such street in a good and workmanlike manner and of suf- ficient size. Section 2. No street or portion of street shall be accepted unti! the Superintendent of Streets and the City Engineer certify to the City Council that such street has been fully constructed as provided by law and this ordinance, and to the satisfaction of said Superintend- ent of Streets and of said City Engineer, which certificate shall recite the nature of the improvements made, and the materials of which any existing roadway or curb is constructed; and it shall be the duty of said Superintendent of Streets and of said City Engineer, whenever any street or portion of a street is entitled to acceptance, as provided by law and this ordinance, to file such certificate thereof with the City Clerk. Section 3. An ordinance entitled "An Ordinance Regulating the Acceptance of Improved Public Streets in the City of Oakland." numbered 1211, ard approved October 3rd, 1890, is hereby repealed. Section 4. This ordinance takes effect immediately upon its passage and approval. (Approved Aug. 8, 1892. Vol. 4, p. 245.) iSo GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1460. AN ORDINANCE REGULATING THE REMOVAL OF BUILDINGS ON, OVER OR THROUGH PUBLIC STREETS AND HIGHWAYS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person, firm or corporation shall remove or cause to be moved any building in the City of Oakland on, over or through any public street or highway therein, except having first complied with the provisions hereof. Section 2. Any person, firm or corporation desiring to remove or cause to be removed any building shall first obtain the written assent to such removal from persons owning a majority of front feet of lots in the same block on the same street in which it is proposed to locate such building to be removed, and also of persons owning a majority of front feet opposite the proposed location and within 150 feet of the same; provided, however, that the foregoing provisions shall not apply to any person removing a building upon, his own premises and not going upon the premises of any other person, or upon any street, alley, or other public place in making such removal; and provided, further, that in case the consent hereinbefore provided for cannot be obtained, then such removal may be made after consent obtained from the Council. (Amendment approved October 2, 1894. Vol. 4, p. 6n.) Section 3. No person ,firm or corporation shall move, or cause to be moved, on, over 6r through any public street or highway in said city any building without first obtaining from the Board of Public Works a permit in writing so to do. Such permit shall be issued only upon presentation of the written assent to the removal of such build- ing as provided for in Section 3 of this ordinance, and shall not be issued until after the person, firm or corporation so applying therefor shall have first delivered to the Tax Collector a bond, running to the City of Oakland, in the sum of $500, with at least two good and suf- ficient sureties, approved by the Mayor and City Attorney, which bond shall be conditioned that the party so desiring to move buildings in said city will strictly comply with all the conditions and requirements of this ordinance and of any ordinances hereafter passed regulating house moving, and of any order, rule or regulation concerning house mov- ing that may hereafter be passed by the Board of Public Works, and that said party will pay any and all damages which may result hy reason of any house moving in the City of Oakland by said party, his OF THE CITY OF OAKLAND, CAL. 181 agents, employees or workmen, to any fence, tree, pavement, streets, sidewalk, horse car, cable, electric or steam railroad line, or to any telegraph pole or wire belonging to the City of Oakland, or belong- ing to any telegraph or telephone company having a franchise in saul city, and conditioned further that said party, said principal, will save, indemnify and keep harmless the City of Oakland against all liabil- ities, judgments, costs and expenses which may in anywise accrue against said city in consequence of the granting of such permit, and will in all things strictly comply with the conditions of such permit. Any such bond filed by any person, firm or corporation shall operate as a bond for the purposes required by this ordinance for the term ot one year from the date of filing thereof, in so far that no other or additional bond need be given by such party for the removal of houses in said city during the said period of one year, and at the expiration ot said year a new bond shall be required to be filed by such party before the issuance to such party of any permits hereunder. Such permit shall specify the character of the building to be moved the place from which and to which said building is to be moved, and the streets on ? over or through which such removal may be made; and said building shall not be moved on, over or through any other streets, except those named in said permit. Said permit shall not be issued until after payment of the sum of ten dollars therefor to the Secretary of the Board of Public Works. Section 4. All removals made under such permits shall be done in a careful manner, and shall be prosecuted with diligence, and shall be under the superintendence and control, and to the satisfaction and approval of the Board ot Public Works Section 5. No person, firm or corporation owning or having charge of the removal of any building through the public streets, shall permit said building to be or stand on any street, lane, alley or publk: grounds within the limits of one block for a longer period than twenty- four hours. Section 6. No person, firm or corporation owning or having charge of the removal of any building through the public streets, shall allow or cause the injury of any street, sidewalk, curb, tree, fence or private or public property by reason of such removal. Section 7. No person, firm or corporation owning or having charge of the removal of any building shall permit the same to obstruct any horse car, cable road or electric road in operation, nor the line of any steam railroad, except between the hours of I a. m. and 5 a. m Section 8. When the cutting or temporary removal of any poie or poles or of any public or private telegraph, telephone, electric light wire, or any other wire passing along or over any street, lane or alley, becomes necessary for the removal of any building, the person in charge of such removal, at least six hours in advance of reaching the same, shall notify the person or persons having charge of and control i82 GENERAL MUNICIPAL ORDINANCES over such wire or wires, and the person so notified shall cause such wires to be piomptly cut or removed and icplaced. Provided, how- ever, that in every case in which the cutting of the wires of the City of Oakland may be necessary the City Electrician shall be notified, snd he shall have the wires cut and replaced, the person or persons having charge of the removal of the buildings paying the entire cost and expense of the cutting, removal and replacing of the same. Section 9. Every person violating any provision of this ordinance is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid then by imprisonment at the rate of one day for every two dollars of the fine so imposed, . Section 10. The City Council may, at any time, for such cause as they, or a majority of them, upon investigation, may deem sufficient. revoke any permission or license granted under this ordinance; and it is specially ordained and declared that all such permits and licenses granted in accordance with the provisions of this ordinance, although granted for the nominal term of one year, are held at the pleasure ot said City Council. Section u. An ordinance entitled "An Ordinance Regulating the Removal of Buildings in Public Streets and Places," approved Novem- ber 18, 1891, is hereby repealed. Section 12. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1892. Vol. 4, p. 288.) ORDINANCE No. 1869. AN ORDINANCE REGULATING THE HEIGHT OF AWN- INGS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any person to erect or maintain, or to cause or permit to be erected or maintained, upon or over any sidewalk within the City of Oakland, any awning the height of which above such sidewalk, shall be less than seven (7) feet. Section 2. Every person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred ($100.00) dollars, and in case such fine be not paid, then by imprisonment in OF THE CITY OF OAKLAND, CAL. 183 the City Prison at the rate of one (i) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 3. All ordinances and parts of ordinances in conflict here- with are hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved Feb. i, 1898. Vol. 5, p. 228.) ORDINANCE No. 1482. AN ORDINANCE TO PROHIBIT THE ERECTION OR MAINTENANCE OF WOODEN AWNINGS OVER OR UPON THE SIDEWALKS OF A CERTAIN STREET IN THE CITY OF OAKLAND. Be it Otdained bv the Council of the City of Oakland, as follows: Section i. No person shall erect or maintain any wooden awning over or upon any sidewalk of such portion of that public street 01 thoroughfare situated in the City of Oakland and officially designated and known by the name of "Broadway," as lies between the center line of Seventh street and a point on said ''Broadway" two hundred feet, south of the southerly line of First street. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every dollar of the fine so imposed. Section 3. This ordinance shall take effect sixty days from and after its approval. (Approved Dec. 16, 1892. Vol. 4, p. 340.) ORDINANCE No. 1602. AN ORDINANCE DECLARING AND DETERMINING THE GENERAL SPECIFICATIONS FOR THE CONSTRUC- TION OF PIPE SEWERS, MANHOLES, LAMPHOLES, CATCH BASINS AND FLUSH TANKS IN THE CITY OF OAKLAND. 184 GENERAL MUNICIPAL ORDINANCES Be it ordained by the Council of the City of Oakland, as follows, : Section i. The general specifications for the construction of pip" sewers, manholes, lamp holes, catch basins and flush tanks shall be, and are hereby, determined to be as follows: (Excavation.) Section 2, Article i. The ground shall be excavated in open trenches, no tunneling to be allowed except by special permission ot the proper official. Article 2. The width of trench from top to bottom shall be eight inches wider on each side than the exterior diameter of the pipe. Article 3. The sides of trench shall parallel to, and at an equal distance on each side of the center line of sewer as surveyed by the City Engineer or his Deputy. Article 4. The bottom of trench shall be graded to the exact grade, which shall be obtained by measuring with a rod from a fine string drawn tightly, parallel with the grade, to the bottom grade for the outside of pipe; said string to be stretched between grade planks, which shall be at least two inches thick; said planks to be laid level and at right angles across trench from grade stakes set by the City Engineer. Article 5. Crosscuts deep enough to receive the sockets of pipes shall be cut in the bottom of trench so the pipe will not rest on the sockets or collars. Article 6. The sides of trench shall be supported with suitable planking and bracing whenever necessary. Article 7. Where the trench is in rock the excavation must be six inches below grade; and the bottom brought to grade with earth well rammed. Article 8. Whenever the bottom of the trench comes in mud or quicksand, the bottom must be made solid by replacing the mud or quicksand with earth or sand, or by plank or timber, sufficient to ensure a firm foundation. Article 9. Where there is macadam on the line of excavation the rock shall be kept in separate piles from the earth, and in refilling the macadam must be handled with a close-tined fork, separating the fine rock from the coarse rock. The coarse rock shall be replaced first and the fine rock placed on top. The rock must then be rolled with a roller of at least four tons weight. (Pipe.^ Article 10. The pipes shall be designated by their interior diameter. They shall be of the best quality of vitrified iron-stone, with sockets thoroughly burned and free from cracks or other defects. OF THE CITY OF OAKLAND, CAL. 185 Article n. The pipe shall be thoroughly glazed on exteroir and interior surfaces. Article 12. The pipe shall not vary from a true cylinder more than one-twelfth (1-12) of an inch for each three (3) inches of diameter of pipe. Article 13. The thickness of pipe shall be no less than the fol- lowing: For six inches diameter Y\ of an inch. for eight inches diameter J4 of an inch. For ten inches diameter % of an inch. For twelve inches diameter % of an inch. For fourteen inches diameter one inch. For sixteen inches diameter ij4 inches. For eighteen inches diameter iJ4 inches. For twenty inches diameter i^4 inches. For twenty-two inches diameter 1^5 inches. For twenty-four inches diameter i l / 2 inches. Article 14. All pipe before being laid shall be examined by the Superintendent of Construction. The pipe must be of the proper dimensions, must be straight, must be free from cracks, must be thoroughly glazed, as required by Article II. All lumps and scales must be scraped off from the inner surface with a trowel or other in- strument by the contractor before the pipe is brought near the trench. (Laying Pipe.) Article 15. The pipe must be sounded for cracks, which will not be allowed in the work. All pipes must be fitted together and matched before being lowered into the trench, so as to secure the truest line possible on the bottom of the interior of the pipes. They must be marked when in this position and laid in the trench as marked. Article 16. Each pipe must lie on the grade of trench and the spigot end be bedded in the cement mortar in the socket of the pipe previously laid; said cement mortar to extend around the inside 01 said socket on the lower half of the circle. Care must be taken that the lower inside surfaces of the pipes are flush or even. Article 17. The outsides of sockets must be bedded also in mortar laid in the crosscuts previously cut in the trench. Article 18. The pipe must be pressed along into the socket so that the spigot end will be at most one-fourth inch from the shoulder of the socket. After the pipe is properly on grade and line the socket of the preceding pipe must be filled all around with cement mortar and pressed in with the hand-filling mortar flush with outside of socket and one inch on body of entering pipe. 186 GENERAL MUNICIPAL ORDINANCES Article 19. As soon as the pipe is laid and cemented, fine earth, gravel or sand must be pressed under the sides of the pipe and halt way up the sides of the pipe before the next pipe is laid. Article 20. After the pipe is in place the joint inside must be scraped with a circular disc or swab to remove any surplus cement and to smooth the joint inside or a sack filled with straw, to fit the pipe closely and with a rope attached to pull the sack through each joint as it is laid, may be used. Article 21. Any pipe which has been disturbed after the cement has set must be taken up, the joints cleaned and relaid with new cement mortar. Article 22. No part of the sewer shall be laid in water, nor any water allowed in or around the pipe until the cement has set and the pipe is covered with at least one foot of earth. The contractor must provide a pump or other means of keeping water from the work. (Cement Mortar.) Article 23. The cement mortar shall be composed of the best quality of fresh Portland cement mixed dry with clean } sharp sand in the proportion of one part of cement to two parts of sand; after being thoroughly mixed, water enough to be added to admit of stirring. No mortar which has been standing over one hour to be used. Article 24. No lime or lime mortar allowed in or about the work. (Refilling.) Article 25. After the pipes have been properly laid the space above the center of pipe and between them and the sides shall be filled with fine earth or sand, both sides being filled at the same time and carefully tamped with small iron tampers so as not to jar or dis- turb the pipe. But no filling shall be done until the work has been inspected and approved by the proper officer whose duty it is to in- spect and approve the same. After the filling is made as above to a height of eighteen (18) inches above the top of pipe the trench may be filled and settled with water. If water cannot be obtained, the filling shall be filled in layers of earth and sand of not more than one (i) foot in thickness, spread evenly and tamped thoroughly on each layer. (Y Branches.) Article 26. Y branches only shall be used for the side connect ions which shall be constructed at such places as may be called for in the Order of Work. The openings in the Y branches shall be closed with terra cotta covers where they are not used before filling the sewer, said Y branches to be laid and cemented in the same manner as the main pipes; the covers in branches to have the joints puttied OF THE CITY OF OAKLAND, CAL. 187 with cement mortar on the outside only. Each Y branch shall have a stake immediately over it in the ditch, the stake to be driven in the side of the ditch near the surface, the stake to be three inch by four inch redwood, by two feet long. (Manholes.) Article 27 Manholes shall be constructed along the line of the sewers at such places as may be designated in the Order of Work. They shall be constructed of hard bricks laid in cement mortar. No bats or ill- shaped bricks to be allowed. The bottom shall be of brick or concrete. The thickness of the wall shall be eight inches. The bottom shall be elliptical in form, three by four feet in the clear, drawing to a circle at the top of the brick work. Particular care must be taken in forming the bottom of manholes to make the curves of tributary sewers as easy as possible. The top shall be cov- ered with perforated cast-iron cover with dust pan underneath. The manhole shall conform in all respects to the detail drawing filed with plans. If the brick ventilating form be used it shall conform to the plan now on file in the office of the City Clerk, and the flue shall be filled with charcoal of the proper quality and size and cover cemented on. Article 28. Whenever the ground is too soft for the foundation, the manhole is to be laid on a two (2) inch redwood floor, full size of manhole outside. Article 29. Walls of manholes to be such that a vertical section will show a straight line from the bottom to the top of the interior surface. Article 30. All brick shall be thoroughly sprinkled with water immediately before laying and shall be laid in cement mortar com- posed of one part cement to three parts clean, sharp sand. Article 31. The surfaces of manholes shall be plastered with cement mortar one-half inch thick, composed of one part cement to one part clean, sharp sand. The surface of the walls to be brushed clean and smooth after applying the cement plaster. Article 32. Whenever the manhole is above the surface, as in the case of a street which is below the official grade, the outside ot manhole above the surface, to be plastered same as the inside. (Lamp Holes.' Article 33. Lamp holes shall be constricted by placing an 8-inch T branch vertically in the sewer and bringing it up near to the street surface, by adding pipes of the same diameter, the pipes to be connected and laid with the same care as in the sewer. The top shall be protected by a suitable cover and the lamp hole constructed i88 GENERAL MUNICIPAL ORDINANCES in all respects to conform to the detailed drawing furnished with plans. If the iron ventilating form be used, it shall conform in all respects to the plan on file in the office of the City Clerk and shall be constructed with the same care and attention to detail as the rest of the work. The flue shall be filled with charcoal of the proper quality and size, and the cover cemented in. (Flush Tanks ) Article 34. Flush tanks shall be constructed of hard-burned brick carefully laid in cement mortar, so as to be water tight. For kiml, form, size and details, see drawings furnished with plan of work. The water supply pipe within the flush tank and extending through the wall and one foot outside, together with suitable brass stop-cocks for regulating the water supply, shall be furnished by the contractor. The flush tanks shall be constructed in the positions designated on the plan of work. (Catch Basins.) Article 35. Catch-basins shall be constructed in all respects in conformity with the detailed drawings accompanying the plan ot work and built in the position designated on plan. Brick work to be of the same character as that for manholes. If the ventilating form be used they shall be constructed to conform in all respects with the plan on file in the office of the City Clerk and the supplemental flue shall be filled with charcoal of proper size and quality, in the same manner as for ventilating manholes. (General Provisions.) , Article 36. Whenever the word cement is used in these specifi- cations the best quality of fresh Portland cement is to be understood, subject to the approval of the City Engineer and the Superintendent of Streets. Lumpy cement must be rejected. Article 37. All lumber that may be used in securing a founda- tion, shall be black heart redwood. Article 38. All rejected material must be at once removed from the street. Article 39. All water and gas pipes to be properly supported where crossing or lying along the trench. Article 40. All work done and material furnished to be under the direction of and satisfactory to the Superintendent of Streets and the City Engineer of the City of Oakland, in their respective capacities as provided by law. Article 41. All work is to be done in a skillful and workmanlike manner, and in strict accordance with the true intent and meaning OF THE CITY OF OAKLAND, CAL. 189 of the specifications; and such additional specifications as may be neces- sary to cover special matters and unusual cases, shall be included in the Order of Work whenever demanded. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved Apr. 14, 1894. Vol. 4, p. 543.) ORDINANCE No. 1609. AN ORDINANCE IMPOSING A GROUND RENTAL OF $2.50 PER ANNUM FOR EACH TELEGRAPH OR TELE- PHONE POLE ERECTED OR USED BY TELEGRAPH, TELEPHONE OR RAILROAD COMPANIES IN THE STREETS, ALLEYS OR PUBLIC PLACES OF THE CITY OF OAKLAND, AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF; AND RE- QUIRING ALL SUCH COMPANIES USING POLES L\ THE STREETS, ALLEYS OR PUBLIC PLACES OF SAID CITY TO KEEP $50 ON DEPOSIT WITH THE CITY TREASURER, SUBJECT TO THE ORDER OF THE BOARD OF PUBLIC WORKS, TO PAY FOR CER- TAIN REPAIRS TO SAID STREETS, ALLEYS OR PUB- LIC PLACES, AND PROVIDING FOR THE ENFORCE- MENT THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. From and after the first day of July, 1894, every telegraph, telephone or railroad company doing business in the City of Oakland shall pay to said city for the privilege of using the streets, alleys and public places thereof, the sum of $2.50 per annum for each and every telegraph or telephone pole erected or used by it in the streets, alleys or public places of said city. Section 2. Every such telegraph, telephone or railroad company shall deposit with the City Auditor on the first day of June of eacn year, a verified statement showing the number of poles erected or used by it in the streets, alleys or public places of said city since the first day of July next prior thereto. 190 GENERAL MUNICIPAL ORDINANCES Section 3. The Auditor shall copy and record said statement in a book kept by him for that purpose and shall then file the same with the City Clerk. It shall be the duty of the Auditor to ascertain the correctness of said statement, or if none be deposited with him, he shall ascertain the facts desired from such a statement. II the state- ment be correct, the Auditor shall furnish a memorandum of its con- tents to the City Treasurer. If it be incorrect, or if no statement shall have been deposited with the Auditor as herein provided, the mem- orandum shall be in conformity to the facts as ascertained by him. Section 4. If any telegraph, telephone or railroad company shall fail to deposit the statement as required by Section 2 hereof, or shall report therein a less number of poles than is required by said Section 2, the Auditor shall set forth such facts in the said memorandum, and the Treasurer shall collect from such company, at the same time with the payment provided for in Section i hereof, the sum of fifty cents additional for each pole of such company failing to report, or if re- porting^ omitted from its statement. Section 5. The payments provided for in Sections i and 4 hereof, shall be made to the City Treasurer between the tenth day and the twentieth day of June of each year, and shall be placed by him in the General Fund and shall correspond in amount with the memorandum furnished by the Auditor. Section 6. In case default is made in any payment as provided by this ordinance, the Treasurer shall at once notify the City Attorney of that fact, who shall immediately commence and conduct necessary proceedings in the proper court in behalf of the city for the collection of the amount remaining unpaid. Section 7. Every such telegraph, telephone or railroad company shall keep on deposit with the City Treasurer the sum of $50.00, sub- ject to the order of the Board of Public Works, to be used by said Board in restoring any sidewalk, gutter, street, alley or public place injured or displaced in the erection, alteration, repair or removal of any pole of such company, when such company refuses or fails to make such restoration to the satisfaction of the Superintendent of Streets. Any company failing to make such deposit within thirty days after the approval of this ordinance, or within five days after com- mencing business, if a new company, or which shall fail to make good the amount when any portion of it has been expended as herein pro vided, within five days after notice to such company by the said Super- intendent, shall be prohibited from erecting, altering, repairing or removing any pole in any street, alley or public place until such de- posit has been made as provided herein. Section 8. Any person, firm or corporation, or any employee or officer of any firm or corporation, who shall erect, alter, repair or remove, or who shall attempt to erect, alter, repair or remove any pole in any street, alley or public place in this city in violation of the OF THE CITY OF OAKLAND, CAL. 191 provisions of Section 7 of this ordinance, shall be guilty of a mis- demeanor, and upon conviction thereof shall be fined a sum not ex- ceeding $250.00, and in case said fine be not paid, then by imprison- ment in the City Prison at the rate of one day for each two dollars so imposed and remaining unpaid. Section 9 This ordinance shall take effect from and after its passage and approval. Section 10. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. (Approved June 19, 1894. Vol. 4, p. 559.) ORDINANCE No. 1617. AN ORDINANCE PROHIBITING THE USE WITHIN THE LIMITS OF THE CITY OF OAKLAND OF ANY CART, WAGON OR OTHER VEHICLE FOR THE PURPOSE OF CARRYING SAND, EARTH OR ROCK ON OR OVER THE PUBLIC STREETS OF THE SAID CITY UNLESS THE SAME IS TIGHT AND SO CON- STRUCTED AS TO PREVENT THE DEPOSIT OF SUCH SAND, EARTH OR ROCK, IN WHOLE OR IN PART, IN OR UPON THE PUBLIC STREETS THROUGH WHICH SAID CART, WAGON OR VEHICLE MAY BE DRIVEN. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person to use within the limits of the City of Oakland any cart, wagon or other vehicle for the purpose of carrying sand, earth or rock on or over the public streets of the said city, unless the same is tight and so constructed as to prevent the deposit of such sand, earth or rock, m whole or in part, in or upon the public street through which said cart, wagon or vehicle may be driven. Section 2. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person so fined may be im- prisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. 192 GENERAL MUNICIPAL ORDINANES Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved July 3, 1894. Vol. 4, p. 572.) ORDINANCE No. 1626. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF SIDEWALKS BY WEEDS, GRASS AND OTHER VEGE- TABLE GROWTHS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person having the control, possession or ownership of any lot of land within the limits of the City of Oakland, to permit or allow the sidewalk in front of said lot of land to become obstructed by weeds, grass or other vegetable growth in such manner as to deface the sidewalk, impede travel or menace the public safety in the matter of fire. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars; and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved September 8, 1894. Vol. 4, p. 598.) ORDINANCE No. 1683. AN ORDINANCE REQUIRING EVERY PERSON, COM- PANY OR CORPORATION OWNING, CONTROLLING OR USING TELEGRAPH OR TELEPHONE POLES LOCATED IN ANY PUBLIC ALLEY, STREET OR PLACE WITHIN THE LIMITS OF THE CITY OF OAK- LAND, TO NUMBER SUCH POLES AND TO HAVE THE NAME OF THE OWNER OR OWNERS THEREOF PAINTED ON SAID POLES AND PROVIDING A PEN- ALTY FOR VIOLATION OF THE PROVISIONS THEREOF. OF THE CITY OF OAKLAND, CAL. 193 Be it Ordained by the Council of the City of Oakland, as follows: Section i. From and after the first day of June, 1895, every per- son, company or corporation owning, controlling or using telegraph or telephone poles located in any public alley, street or place within the limits of the City of Oakland, shall number in consecutive num- bers, beginning with the number one, with colored paint, in numer- icals not less than three and one-half inches long, each and every such pole owned, used or controlled by such person, company or corporation, and shall paint on each one of said poles in colored paint in letters not less than one and one-half inches in length, the name of the owner ox- owners of such pole. The said numbers and names shall be painted not less than three nor more than seven feet above the surface of the ground or other substance in which such poles are placed. Section 2. If any person, company or corporation shall refuse or neglect to paint the number or owner's name upon any pole as required in Section i of this ordinance, it shall be the duty of the Chief of Police of the City of Oakland to notify the City Council ot the fact of such refusal or neglect Section 3. Any person, company or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars for every such telegraph or telephone pole belonging to or controlled or used by such person, company or corporation not so numbered and named. Section 4. This ordinance shall take effect and be in full force from and after the date of its passage and approval. (Approved June 6, 1895. Vol. 4, p. 686 ) ORDINANCE No. 1704. AN ORDINANCE TO REGULATE THE USE OF THAT POR- TION OF THE BOULEVARD ALONG THE EASTERN SHORE OF LAKE MERRITT EXTENDING FROM THE EAST LINE OF TWELFTH STREET. TO THE JUNC- TION OF EAST EIGHTEENTH STREET AND ATHOL AVENUE, IN THE CITY OF OAKLAND, AND TO PRE- VENT INJURY THERETO BY THE DRIVING THEREON OF HEAVILY LOADED VEHICLES. 194 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any person, firm or corpora- tion to drive or place or cause to be driven or placed, any truck, cart, wagon or vehicle, loaded with or carrying wood, hay, grain, coal, iron, rock, earth, merchandise or other freight, upon that certain street known as the boulevard, extending from the east line ot Twelfth street, to the junction of East Eighteenth street and Athol avenue, carrying a greater weight than one thousand pounds in one load. Section 2. Any person, firm or corporation who violates this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in a sum not exceeding one hundred dollars, and in case said fine be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oak- land at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Approved September 24, 1895. Vol. 4. p. 718.) ORDINANCE No. 1729. AN ORDINANCE PROVIDING FOR THE POSTING OF THE NAMES OF THE STREETS, AVENUES, PUBLIC PLACES, AND THOROUGHFARES. Be it Ordained by the Council of the City of Oakland, as follows : Section i. The name of each street, avenue and thoroughfare in the City of Oakland shall be placed on one corner of each cross street or avenue. The placing of names on public places shall be under the direction of the Board of Public Works. Section 2. The regulation sign shall be a redwood board, one inch thick by four inches wide and eighteen inches long, painted black with white letters or figures, or a metallic sign with white enamel letters or figures. Section 3. It shall be the duty of the Superintendent of Streets to attend to the placing of signs as herein provided. OF THE CITY OF OAKLAND, CAL. 195 Section 4. This ordinance shall take effect and be in full force from and after its approval. (Approved Feb. 21, 1896. Vol. 5, p. 30.) ORDINANCE No. 1752. AN ORDINANCE DECLARING AND DETERMINING THE GENERAL SPECIFICATIONS FOR THE CONSTRUC- TION OF PRIVATE OR SIDE SEWERS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The general specifications for the construction of private or side sewers shall be and are hereby determined to be as follows: Section 2 (Excavation) Article I. The ground shall be ex- cavated in open trenches, no tunneling to be allowed except by special permission of the Inspectors. Article 2. Crosscuts deep enough to receive the sockets of pipes shall be cut in the bottom of trench so the pipe will not rest on the sockets or collars. Article 3. The pipes and fittings shall be designated by their interior diameter. They shall be of the best quality of vitrified iron- stone, with sockets, thoroughly burned and free from cracks or other defects. Article 4. The pipe and fiittings shall be thoroughly glazed on exterior and interior surfaces. All pipe before being laid shall be examined by the Sanitary Inspectors. The pipe must be of the proper dimensions, straight and free from cracks. All lumps and scales must be scraped off from the inner surface with a trowel or other instrument by the contractor before the pipe is brought near the trench. Article 5. The pipe must be pressed along into the sockets so that the spigot end will be at most one-fourth inch from the shoulder of the socket. After the pipe is properly on grade and line the socket of the preceding pipe must be filled all around with cement mortar and pressed in with the hand, filling mortar flush with outside of socket and one inch on body of entering pipe. 196 GENERAL, MUNICIPAL ORDINANCES Article 6. As soon as the pipe is laid and cemented, fine earth, gravel or sand must be pressed under the sides of the pipe and hah way up the sides of the pipe before the next pige is laid. Article 7. After the pipe is in place the joint inside must be scraped with a circular disk or swab to remove any surplus cement and to smooth the joint inside. Article 8. Any pipe which has been disturbed after the cement has set must be taken up, the joints cleaned and relaid with new cement mortar. Article 9. All joints on said iron-stone pipe shall be made with the best quality of fresh Portland cement properly mixed with clean, sharp sand, the proportions thereof being one part cement and two parts sand, subject to the approval of the Sanitary Inspector:-,. Lumpy cement must be rejected. Article 10. The diameter of the pipe from the sewer in the street to the property line must not be less than five (5) inches, except in the Golden Gate and Adeline sewer districts, where four (4) inch pipe may be used. The sewer must be laid at a uniform grade throughout its entire length and in as straight a line as possible. All changes in direction must be made with curved pipes, and all con- nections with "Y v branches, and one-eighth or one-sixth bends. (Amendment approved Aug. 27, 1897. Vol 5, p. 165.) Article n. All persons before connecting with, or opening, or penetrating any public sewer or drain, must first obtain a permit in writing from the Board of Health. Every person constructing sewers must report to the office of the Board of Health every new sewer in course of construction or addition to a sewer already laid. And when said sewer or addition is completed he must fill the same with water for the purpose of testing it, where it lies within the building lines and report to said office when it is ready for inspection. In no case shall the sewer be covered at any point, either within or without the building lines, until after the same has been inspected and accepted by the Inspector. Article 12. Every house or building hereafter erected must have the house drain constructed of cast-iron, where it lies under the build- ing, and to extend beyond said building or foundation walls not less than one foot, but when the house drain is outside the building lines it may be of iron-stone pipe. The house drain must have a fall of at least one-fourth of an inch to the foot. Article 13 All work is to be done in a skillful and workmanlike manner and in strict accordance with the true intent and meaning of the specifications. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved May 22, 1896. Vol. 5, p. 63.) OF THE CITY OF OAKLAND, CAL. 197 ORDINANCE No. 1770. AN ORDINANCE DECLARING IT UNLAWFUL TO THROW OR DEPOSIT TACKS, BROKEN WARE OR GLASS UPON THE SIDEWALKS, STREETS, AVENUES AND ALLEYS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person to throw or deposit tacks, broken ware or glass upon the sidewalks, streets, avenues and alleys of the City of Oakland. Section 2. Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine not exceeding $100.00, and in case said fine is not paid, then by imprisonment in the City Prison of the City of Oak- land at the rate of one day for each two dollars of the fine so im- posed and remaining unpaid. , Section 3. This ordinance shall take effect immediately. (Approved Oct. 22, 1896. Vol. 5, p. 94.) ORDINANCE No. 1825. AN ORDINANCE REGULATING SHADE TREES UPON THE STREETS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every owner, lessee or tenant of property having con- trol of any premises abutting upon any public street, lane or alley in the City of Oakland shall keep all shade trees located upon said premises trimmed of all branches or side limbs growing over or above the sidewalk for a distance of ten (10) feet above said sidewalk, and all shade trees located outside of and in front of or along the side ot said premises trimmed as aforesaid for a distance of twelve (12) feet above the surface of the street, and the Superintendent of Streets is hereby directed to see that the provisions of this ordinance are strictly enforced. 198 GENERAL MUNICIPAL ORDINANCES Section 2. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereot shall be punished by a fine not to exceed one hundred ($100) dollars, and in case said fine, or any portion thereof, be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one (i) day for every two (2) dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect and be in force im- mediately upon its passage and approval. (.Approved Aug. 27, 1897. Vol. 5, p. 168.) ORDINANCE No. 1808. AN ORDINANCE REGULATING THE PAVING AND THE DIGGING UP OR DISTURBANCE OF STREETS AND PUBLIC PLACES, FOR THE PURPOSE OF LAYING PIPES AND CONDUITS AND THE RE-FILLING OF EXCAVATIONS AND THE REPAIR OF STREET SURFACES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful to pave or macadamize any public street or place prior to the construction of a main sewer therein; also all necessary side sewer branches which shall be built to the curb line. Said sewer shall be built in accordance with official plans and specifi- cations, and under the supervision required by law, and a diagram showing the exact location of all side branches shall be kept on file in the office of the Superintendent of Streets. Section 2. Upon the passage by the City Council of a Reso- lution of Intention to improve any public street or place by macadam- izing or re-macadamizing the same or by constructing thereon a pavement of any description, it shall immediately become the duty of the Street Superintendent to notify all persons, firms or corpora- tions, known to be exercising the right and practice of laying pipes or conduits of any description in the public streets or places, to lay all main pipes or conduits, also all lateral or service .connections needed for present or future use, to the inner curb line of the street, and to repair all existing pipes in any public street or place to be so improved, within twenty (20) days from date of notice; and it OF THE CITY OF OAKLAND, CAL. 199 shall also be the duty of the Superintendent of Streets to notify all the owners of property upon the line of the street or place to be im- proved to make all sewer connections needed for present or future use to the inner curb Jine in front of their property, within thirty (30) days from date of notice. Section 3. After a Resolution of Intention has been passed by the City Council to pave, re-pave, macadamize or re-macadamize any public street or place, all persons, firms and corporations and prop- erty-owners shall, upon notice from the Superintendent of Streets, lay all main and lateral pipes or conduits needed for present or future use, within the time specified in said notice. Section 4. After the expiration of the time stated in the notice served by the Street Superintendent, to any person, firm or corpora- tion to lay sewer, gas and water pipes, telephone or electric wire conduits, no permits shall be granted by the Secretary of the Board of Public Works to any of said parties to lay pipes or conduits ot any description, between the curb lines of any of the public streets or places which are paved, re-paved, macadamized or re-macadam- ized subsequent to the passage and approvl of this ordinance unless s.aid parties shall first deposit with the Secretary of the Board of Public Works the sum of twenty-five cents (25c) per square foot of street surface to be disturbed, which money shall be paid by said Secretary, immediately after its receipt by him, into the City Treas- ury, and there held as a special fund to be used for the repair ot streets disturbed under the provisions of this ordinance, and all warrants drawn by the City Auditor upon the City Treasury for sucii work for repairs of streets shall be drawn upon the said fund which is hereby designated as "Street Repair Fund." A diagram showing the location and extent of the proposed exca- vation shall be filed with the Secretary of the Board of Public Works, by any person applying for a permit to disturb any street or place within the provisions of this Section (4) of this ordinance. Section 5. All excavations in streets now or hereafter improved with bituminous rock, asphalt, wood blocks or vitrified brick laid on concrete foundation, shall be re-filled with special care with a view to prevent settlement of the back filling, and the excavation shall be covered with a layer of Portland cement concrete at least six inches thick, which shall have a bearing of at least twelve (12) inches on undisturbed ground on each side of the trench. The concrete shall consist of one part good Portland cement, three parts clean, sharp sand and five parts of two inch broken stone, watered, mixed and tamped to the satisfaction of the Street Superintendent or his In- spector, and maintained free from disturbance for at least five days, before being covered with the wearing surface of the pavement, which in all cases shall be of the same kind of material, but of best quality and equal in quantity, and laid on the same elevation through- 200 GENERAL MUNICIPAL ORDINANCES out, as the original pavement existed before disturbed. If required by the Street Superintendent, the wearing surface of the pavement in such case shall be composed of entirely new materials, which shall be laid in accordance with the official specifications for such pavement. Section 6. All persons, firms or corporations who may makt excavations in any public street or place under the provisions of this ordinance, shall in case of opening a street having a concrete founda- tion notify the Superintendent of Streets in writing, at least twenty- four hours before the day in which said persons, firms or corporations are to re-fill said street, whereupon at the time stated in said notice, the Superintendent of Streets shall provide an Inspector to super- intend the execution of the work, whose compensation shall not ex- ceed $3.00 per day, which compensation shall be paid in full by the person, firm or corporation doing said work. The said parties so re-filling said excavation shall at the time of the notice to the Street Superintendent deposit with him the sum of $50.00. or such other less sum as the Street Superintendent may require, and upon the satisfactory completion of the work, the said Street Superintendent shall remit to said person, firm or corporation the said sum of money so deposited, less the amount chargeable for the services of said Inspector, at the rate of $3.00 per day; and the said Superintendent shall certify the completion of the work to the Secretary of the Board of Public Works. Section 7. Nothing herein shall be construed as preventing the laying of gas or water pipes between the curb line and property line of any street, provided said pipe shall not exceed 2" internal in di- ameter, and provided further, that the consent of the property own- ers in front of whose premises said pipe is to be laid, shall be first obtained. Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 9. Every person violating any requirement of this or- dinance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a fine not exceeding $300.00. and m case said fine be not paid, then by imprisonment at the rate of one day for every $2.00 of the fine so imposed. Section 10. This ordinance shall take effect immediately upon its passage and approval. (Approved June 12, 1897. Vol. 5, p. 143.) OF THE CITY OF OAKLAND, CAL. ORDINANCE No. 1829. AN ORDINANCE REGULATING THE USE OF BICYCLES, TRICYCLES AND VELOCIPEDES WITHIN THE LIM- ITS OF THE CITY OF OAKLAND, AND TO REPEAL ORDINANCES AND PARTS OF ORDINANCES L\ CONFLICT HEREWITH. Be it Ordained by the Council of the City of Oakland, as /allows: Section i. It is hereby declared to be unlawful for any person or persons to ride upon the sidewalk of any public street, lane or alley, or within any public park or square within the limits ot the City of Oakland, any bicycle, tricycle or velocipede between sunset and one o'clock a. m. Section 2. Every person riding a bicycle, tricycle or velocipede upon the sidewalk of any public street, lane or alley OT Mlthin any public square within the limits of the City of Oakland during hours within which the same is permitted under the terms of this ordinance, shall upon meeting or overtaking any person walking or standing thereon, so change the course of said vehicle as to leave the entire width of the cement, wooden or bituminous portion of said side- walk to the pel son so walking or standing thereon, or if not prac- ticable so 1o do, said rider shall dismount in passing or overtaking such person, provided that the provisions of this ordinance shall not apply to children under ten years of age riding a child's tricycle. Section 3. Every person riding a bicycle, tricycle or velocipede iu the night r:me in any public street within the limits of the City ol Oakland must have a lamp and bell attached thereto or a whistle in his possession, and must keep said lamp lighted and must keep said beil ringing or whistle blowing loudly and continuously immediately before teaching and while traversing* any public street crossing. Section 4. No person shall within the limits of said city ride any such bicycle, tricycle or velocipede at a speed to exceed eight miles per hour. Every person riding a bicycle, tricycle or velocipede shall in all cases turn to the right on passing any other wheel or vehicle and shall keep to the right of the center line of the street, excepting when such person crosses the same upon any street intersection or for the purpose of stopping and dismounting at such place as he may desire. Section 5. Every person who shall violate any of the provis- ions of this ordinance shall be deemed guilty of a misdemeanor, and 202 GENERAL MUNICIPAL ORDINANCES upon conviction thereof shall be punished by a fine not exceeding one hundred ($100.00) dollars for each offense, and in case said fine be not paid, then the person or persons so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two ($2.00) dollars of the fine so imposed and remaining un- paid. Section 6. An ordinance entitled ''An Ordinance Regulating the Use of Bicycles, Tricycles and Velocipedes Within the Limtfs of the City of Oakland,'* approved May 9, 1892; also an ordinance entitled "An Ordinance Regulating the Speed of Bicycles, Tricycles and Velocipedes Within the Fire Limits of the City of Oakland, and Providing a Penalty for the Violation Thereof," approved Novem- ber 25, 1895, and all other ordinances and parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. Section 7. This ordinance shall take effect and be in force from and after its approval. (Approved September 28, 1897. Vol. 5, p. 173.) ORDINANCE No. 1836. AN ORDINANCE REGULATING THE HOLDING OF PUB- LIC MEETINGS IN ANY PUBLIC STREET, SQUARE, PARK, LANE, ALLEY, COURT OR OTHER PUBLIC PLACE, OR AT OR IN FRONT OF THE ENTRANCE TO ANY PUBLIC BUILDING SITUATED WITHIN THE FIRE LIMITS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section I. It is hereby declared to be unlawful for any person or persons to conduct or take part in any public meeting held on any public street, or in any square, park, lane, alley, court or other pub- lic place, or at or in front of the entrance to any public building within the fire limits in the City of Oakland, unless permission to hold such public meetings shall first have been obtained, in writing, signed by at least two of the following named persons, viz.: The Mayor, Chief of Police and President of the City Council. Such permission in writing shall designate the time and place, when ana where such meetings shall be held. OF THE CITY OF OAKLAND, CAL. 203 Section 2. Any person violating any provisions of this ordinance shall be fined in a sum not to exceed one hundred ($100.00) dollars, and in case said fine be not paid, then the person or persons so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one (i) day for every two (2) dollars of the fine so imposed or remaining unpaid. Section 3. Ordinance No. 1676, entitled "An Ordinance Regu- lating the Holding of Public Meetings on Any Public Street Situ- ated Within the Fire Limits in the City of Oakland," approved March 2ist, 1895, and all other ordinances in conflict herewith, are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved October 20, 1897. Vol. 5, p. 185.) 204 GENERAL MUNICIPAL ORDINANCES CHAPTER IV. ORDINANCES RELATING TO THE POLICE DEPARTMENT. [Note. By the provisions of Sections 151-2 of the Charter, the- Police Department is under the management of the Board of Com- missioners of the Police and Fire Departments, who are to "establish rules and regulations * * * for the regulation and conduct ot its officers, clerks and employees." The following ordinances were passed pursuant to Section :6J of the Charter.] ORDINANCE No. 1477. AN ORDINANCE CONSENTING TO AND AUTHORIZING THE INCREASE OF THE POLICE FORCE OF THli. CITY OF OAKLAND BY ADDING TO THE PRESEN I NUMBER THEREOF SIX MEN. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby determined that the increase of the popu- lation of the City of Oakland requires, and that the public interest requires that the present number of members of the Police Depart- ment sho\ild be added to by the addition thereto of six new members thereof, and that this Council does hereby consent to and authorize the addition of six new members to the present number and mem- bership of the Police Department of this city, such additional mem- OF THE CITY OF OAKLAND, CAL. 205 bers of such department to receive the same salary as policemen or patrolmen now in said department. Section 2. Tnis ordinance shall take effect from and after its approval. (Approved December 7, 1892. Vol. 4, p. 332.) ORDINANCE No. 1490. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT TWO AD- DITIONAL DETECTIVES FOR THE POLICE DE- PARTMENT OF SAID CITY AND FIXING THE SAL- ARIES OF THE SAME. Be it Ordained by the Council of the City of Oakland,, as follows: Section i. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint two additional detect- ives for service in the Police Department of this city, such detect- ives to be under the direction and control of the Chief of Police, provided such detectives be appointed from members of the police force as now constituted. Section 3. The salaries of such detectives shall be at the rate of $125 per month. Section 4. This ordinance shall take effect from and after its approval. (Approved December 20, 1892. Vol. 4, p. 351.) ORDINANCE No. 1558. AN ORDINANCE AUTHORIZING THE BOARD OF POLICb. AND FIRE COMMISSIONERS TO APPOINT FOUR ADDITIONAL POLICE OFFICERS FOR THE POLICE DEPARTMENT OF THE CITY OF OAKLAND. 206 GENERAL MUNICIPAL ORIDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. The Board of Police and Fire Commissioners is hereby authorized to appoint four additional police othcers for the Police Department of the City of Oakland. Section 2 This ordinance shall take effect from and after its approval. (Approved Oct. 9, 1893. Vol. 4, p 476.) ORDINANCE No. 1819. AN ORDINANCE CREATING THE POSITION OF SER- GEANT OF POLICE, DECLARING THE NECESSITY THEREFOR, AND AUTHORIZING THE BOARD Ot POLICE AND FIRE COMMISSIONERS TO APPOINT PERSONS THERETO, UPON THE RECOMMENDA- TION OF THE CHIEF OF POLICE, AND FIXING THEIR COMPENSATION. Be it Ordained by the Council of the City of Oakland, as follows: Section i. A necessity existing therefor, the position of Ser- geant of Police is hereby created, and the Board of Police and Fire Commissioners is hereby authorized and empowered to appoint three Police Officers, recommended by the Chief of Police, from the pres- ent police force, to be such Sergeants of Police, at a salary of one hundred dollars per month each, the duties of said Sergeants ot Police to be such as may be prescribed by the rules and regulations of said department. Section 2. This ordinance shall take effect and beiin full force from and after its approval. (Approved August 3, 1897. Vol. 5, p. 162.) OF THE CITY OF OAKLAND, CAL. 207 ORDINANCE No. 1860. AN ORDINANCE CONSENTING TO, DECLARING THE NECESSITY FOR, AND AUTHORIZING AN IN- CREASE IN THE POLICE FORCE OF THE CITY OF OAKLAND, EMPOWERING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO ADD THERETO TEN ADDITOINAL POLICE OFFICERS AND FIXING THEIR COMPENSATION. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be necessary, and said Coun- cil hereby authorizes and empowers the Board of Police and Fire Commissioners of the City of Oakland to increase the Police Force of said city by appointing and employing ten additional police officers therein, upon the recommendation of the Chief of Police, said police officers to receive the same compensation as is now received by police officers in said department. Section 2. Inasmuch as the increased population and territory ot said city renders immediate action necessary, this ordinance shall take effect and be in force from and after January ist, 1898. (Approved December 17, 1897. Vol. 5, p. 218.) ORDINANCE No. 1884. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS OF THE CITY OF OAK- LAND TO APPOINT AN ADDITIONAL CAPTAIN OF THE POLICE DEPARTMENT OF SAID CITY, FIXING THE SALARY OF SAID CAPTAIN, AND PRESCRIB- ING THE DUTIES OF SUCH CAPTAIN. 208 GENERAL MUNICIPAL ORDINANCES Be it Ordained bythe Council of the City of Oakland, as follows: Section i. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint an additional Captain for service in the Police Department of the City of Oakland, such Captain to be under the direction and control of the Chief of Police, provided, that the said Captain shall be appointed from among the members of the police force as now constituted. Section 2. Said Captain shall from and after his appointment act as bailiff of the Police Court of said City of Oakland, and shall in addition to his duties as such bailiff perform the duties of prop- erty clerk, and as such clerk shall have the care and custody of all articles introduced or held as evidence in criminal actions or pro- ceedings prosecuted or conducted in said Police Court, and shall be responsible for the proper presentation of such articles and their transmission to the proper authorities when such articles are re- quired in any court of record. Section 3. The salary of such Captain shall be one hundred and twenty-five ($125.00) dollars per month. Section 4. This ordinance shall take effect from and after its aproval. (Approved March 23, 1898. Vol. 5, p. 248.) OF THE CITY OF OAKLAND, CAL. 209 CHAPTER V. ORDINANCES RELATING TO THE FIRE DEPARTMENT. [Note For ordinances prescribing the duties and fixing salaries of certain officers and employees of the Fire Departmenf, see Chapter ORDINANCE No. 598. AN ORDINANCE TO PROTECT THE FIRE HYDRANTS IN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section i. It shall be unlawful for any person to open any ot the fire hydrants of the City of Oakland, except in case of fire' or by permission of the Chief Engineer of the Fire Department or the Water Company when necessary to repair their mains or said hydrants. Section 2. Any person violating any of the provisions of Sec- tion I of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of twenty-five dollars, and in case said fine is not paid, to be imprisoned one day for every dollar of such fine Section .3. This ordinance to take effect and be in force from and after its approval. (Approved June 23, 1874. Vol. 2, p. 347.) GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 876. AN ORDINANCE CONCERNING FIRES AND FIRE APPAR- ATUS. 77/i? Council of the City of Oakland do ordain as follows: Section i. No person shall obstruct any fire hydrant or cistern in such manner as to hide it from view at any point, or hinder free action thereto by an engine or hose carriage, or construct any area or other wall or thing so as to interfere in any manner with a hydrant below the level of the curb. Section 2. It shall be the duty of the police at the time of fire to place ropes or guards across all streets, lanes and alleys on which shall be situated any building on fire, and at such other points as they shall deem expedient and necessary, and they shall prevent any and all persons, excepting owners and occupants of buildings en- dangered by the existing fire, and their employees, and excepting also officers of the Fire Department and firemen (who shall be known by their badge), officers of the City of Oakland and of the County ot Alameda. the Fire Warden and such other persons as may have per- mission from an officer of the Fire Department, the Fire Warden or a police officer, from entering within the lines so designated by ropes or guards. Any person or persons, other than those hereinbefore excepted, entering within the lines designated by said ropes or guards, and refusing to go outside of said lines when directed to do so by any police officer or officer of the Fire Department or the Fire Warden, shall be deemed guilty of a misdemeanor and liable to punishment as provided in this ordinance. Section 3. It shall be unlawful for any person or persons to break through or attempt to break through such rope or guard or barrier, or to run over with any vehicle any fire hose used by the Fire Department at any fire. Section 4. All steam engines, hose carriages and other movable apparatus of the Fire Department and Fire Patrol shall have the paramount right of way through all the streets, lanes, alleys, places and courts of the City of Oakland when running to a fire, and all such apparatus shall take and keep the right side of the street unless the same be obstructed. All other vehicles, excepting street or steam cars, upon the approach of any engine, hose cart or other ap- paratus of the Fire Department, shall forthwith give the right of way OF THE CITY OF OAKLAND, CAL. 211 and remove to the side of the street opposite to the side of the street taken by such engine, hose cart or other apparatus of the Fire De- partment. All street cars in the vicinity of such engine, hose carriage or movable apparatus going to a fire shall retard or accelerate their speed as occasion may require, in order to give the apparatus ot the Fire Department and the Fire Patrol the unobstructed use of the street for the time being. Section 5. Any person or persons having the control of any vehicle, willfully or carelessly permitting the same to obstruct the progress of the apparatus of the Fire Department or Fire Patrol, going to a fire, shall be deemed guilty of a misdemeanor and punish- able as provided in this ordinance. Section 6. Any person or persons willfully injuring any engine house, hose, engine, hose carriage or other apparatus of the Fire Department of the City of Oakland shall be deemed guilty of a mis- demeanor and punishable as provided in this ordinance. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in a sum not exceeding one hundred dollars, and in case such fine be not paid, shall be imprisoned in the City Jail until the same is satisfied at the rate of one day for each two dollars of the fine imposed. Section 8. This ordinance shall take effect immediately. ' (Approved January 5, 1881. Vol. 3, p. 31.) ORDINANCE No. 1089. AN ORDINANCE TO PREVENT THE ERECTION OR MAIN- TENANCE OF DANGEROUS OBSTRUCTIONS OR SERIOUS OBSTXCLES IN BUILDINGS WHICH MAY PREVENT INGRESS AND EGRESS OF OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT IN EXTINGUISHING FIRES WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is and shall be unlawful for- any owner, agent, lessor, lessee or tenant, without a permit first obtained from the 212 GENERAL MUNICIPAL ORDINANCES Board of Public Works, to erect or hang in or upon any building within the established fire limits of the City of Oakland, any door made wholly of metal or of metal and wood, or to erect or hang in or upon any such building, any door composed of wood, or of wood, nails and glass, over two inches in thickness, and such metal, metal and wood, or wooden door, or wooden, nails and giass door, shall not without such permit, be fastened by any bar or bars, prop or props, behind or across the same, and shall only be secured by a lock or locks, bolt or bolts. Section 2. It is and shall be unlawful for the owner, agent, lessor, lessee or tenant of any building within the established fire limits of the City of Oakland to maintain or keep any door com- posed entirely of metal, or partly of metal and other material, in or upon any such building, or to keep or maintain any door composed ot wood, or of wood, nails and glass, of more than two inches in thick- ness, in or upon such building or buildings for more than ten days after such owner, agent, lessor, lessee, or tenant thereof shall have received notice in writing signed by the Fire Warden, the Chief ot Police or the Chief Engineer of the Fire Department of said city to remove the same. And each and every day subsequent to the ten days after such prescribed notice shall be given, any maintenance or keeping of any door hereinabove prohibited, without the consent of of the Board of Public Works first obtained, shall constitute a new and separate violation of this ordinance. Section 3. Whenever any door shall be erected, maintained or kept under authority of a permit of the Board of Public Works, pro- vided for in this ordinance, and it shall be made to appear to such Board, by a written report of the Fire Warden, the Chief Engineer of the Fire Department or the Chief of Police, that such door has become or will be a serious obstruction or obstacle to the mem- bers of the Fire Department in the discharge of their duties in ex- tinguishing fires, then the said Board shall vacate and revoke such permit; and after such vacation or revocation of such permit, and after notice of the same for the period of ten days shall have been given, any person, as provided in the preceding sections of this ordinance, maintaining or keeping such door upon, or in any build- ing within the fire limits of said city shall be deemed guilty of a viola- tion of this ordinance as fullj- and completely as though such permit had not been granted. Section 4. Any person or persons violating the provisions or any provision of the preceding section, or any section of this or- dinance, shall be guilty of a misdemeanor, and shall be punished by a fire not exceeding five hundred dollars, or by imprisonment in the City Prison for not more than six months, or by both such fine and imprisonment. OF THE CITY OF OAKLAND, CAL. 213 Section 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall go into full force and effect immediately upon its approval. (Approved August 7, 1889. Vol. 3, p. 365.) ORDINANCE No. 1121. AN ORDINANCE PROVIDING FOR FIRE ESCAPES FOR BUILDINGS OF THREE OR MORE STORIES IN HEIGHT. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful to erect or maintain any build- ing, whether built of wood, brick, stone or iron, of three or more stories in height, in the City of Oakland, unless the same is pro- vided with such fire escapes as shall be approved by the Chief En- gineer of the Fire Department and the Fire Warden. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall, in the case ot each and every conviction of the same, be required to pay a fine of not less than $100 and not more than $500, or in the event of failing to pay the same, to be imprisoned in the City Prison one day for each dollar of said fine not paid. Section 3. This ordinance shall go into full force and effect on and after March I, 1890. (Approved January 20, 1890. Vol. 3, p. 412.) ORDINANCE No. 1138. AN ORDINANCE FOR THE PROTECTION OF THE FIRE ALARM AND POLICE TELEGRAPH. Be it Ordained bv the Council of the City of Oakland, as follows: Section i. No person shall willfully break, remove or injure any of the wires or other parts or appurtenances of the Fire Alarm 214 GENERAL MUNICIPAL ORDINANCES and Police Telegraph in the City of Oakland without authority or permission from the Board of Police and Fire Commissioners. Section 2. No person shall make or fit any key to, or pick or force the lock of any signal box of the Fire Alarm and Police Tele- graph in said City of Oakland without authority from the Board of Police and Fire Commissioners. Section 3. No person shall have or retain in his possession or under his control any key belonging to or fitted to open the lock ot any signal box of the Fire Alarm and Police Telegraph in said City of Oakland without lawful authority so to do. Section 4. Every person violating any provision of this or- dinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate ot one day for every two dollars of the fine so imposed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 436.) ORDINANCE No. 1147. AN ORDINANCE TO PREVENT THE GIVING OF FALSE ALARMS OF FIRE. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall willfully make or cause to be made, by means of the Fire Alarm and Police Telegraph, or otherwise, any false alarm of fire in the City of Oakland. Section 2. Every person violating any provision of this or- dinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled "An Ordinance to Prevent the Giving of False Alarms and Obstructing Hydrants and Cisterns." approved January 10, 1877, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 189x1. Vol. 3, p. 446.) OP THE CITY OF OAKLAND, CAL. 215 ORDINANCE No. 1378. AN ORDINANCE TO PROHIBIT THE DEPOSITING OF ASHES IN CONTACT WITH VESSELS OR FLOORS OF CERTAIN MATERIALS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall, in the City of Oakland, deposit any ashes, or cause the same to be deposited or placed, or permit or allow the same to be or remain in contact with any floor or vessel of wood or other combustible material, or in any metallic vessel within two inches of any woodwork. Section 2. Every person violating any provision of this ordin- ance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. Section 12 of an ordinance entitled "An Ordinance Establishing and Defining Certain Fire Limits in the City of Oak- land and for the Prevention of Fires in Said City," approved Nov. 30, 1876, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved November 23, 1891. Vol. 3, p. 765.) 216 GENERAL MUNICAPAL ORDINANCES CHAPTKR VI. ORDINANCES RELATING TO FIRE LIMITS. ORDINANCE No. 701. AN ORDINANCE ESTABLISHING AND DEFINING CER- TAIN FIRE LIMITS IN THE CITY OF OAKLAND, AND FOR THE PREVENTION OF FIRES IN SAID CITY. (See also supplementary ordinances Nos. 790 and 868. For boun- daries of Fire Limits, see page 221, post.) The Council of the City of Oakland do ordain as follows; Section I. (Repealed by Ordinance No. 1134, approved May 6, 1890, Vol. 3, p. 431, "Establishing and Defining Certain Fire Limits, etc.," to be found on page 99, post.) Section 2. All buildings hereafter erected within the fire limits shall be made and constructed of brick or stone or of both, an.l every building of brick or stone, or of both, that shall be newly roofed or covered shall be constructed with side walls or party walls of brick, or stone, or of both, and such side walls or party walls shall extend from the foundation to the top of, and through the roof ol said building; and said roof shall be covered with such material as will afford protection against fire, and said walls shall be so con- structed as to separate all woodwork thoroughly and completely ot the interior and exterior of any adjoining building^ and every such side wall or party wall shall pass through the roof of the building to which it may appertain, in such manner as to break entirely any com munication of wood whatever between such roof and any other build- ing. The term building, as used in this section, shall not include OF THE CITY OF OAKLAND, CAL. 217 privies one story high or greenhouses constructed entirely of glass. (Amende'd by ordinance approved April 6, 1880. Vol. 3, p. 14.) Section 3. The outer walls of all buildings of either brick or stone, or of both, to be used as dwelling houses, sheds, stables or other outhouses, hereafter to be erected, shall for a two-story building or less be at least twelve inches in thickness for the first story, and at least eight inches in thickness for the second story; and if more than two stories, the walls of each story shall be at least twelve inches in thickness, except the upper story, and that shall be at least eight inches in thickness. The outer walls for all buildings of two stories or less, to be used as stores, warehouses, hotels or shops, shall be at least six- teen inches in the basement or foundation, and twelve inches for first and second stories, the outer walls for all buildings three stories, the basement twenty inches, first story sixteen inches, second and third stories twelve inches; and for four stories, the basement or foundation must be twenty inches, first and second stories sixteen inches, and third and fourth stories twelve inches; the walls must be of uniform thickness through the entire length of each wall. All party walls must be twenty inches for basement or foundation and sixteen inches for each story to the height of three stories above the basement or foundation, and at least twelve inches to the top, so as to have four inches at least of solid masonry between timbers. Party walls shall be solid brick or stone walls, and shall be without openings unless covered by double iron doors, each l /% of an inch or more in thick- ness. The outer walls of brick or stone buildings are understood to be the front, rear and two side walls; and in no case shall studding against brick walls be allowed. All outer walls shall be securely anchored with iron anchors to each tier of beams. Section 4. All wooden beams and other timbers in the party wall of every building hereafter to be erected or built of stone, brick or iron, shall be separated from the beam or timbers entering into the opposite side of the wali by at least four inches of solid mason work; every beam shall be beveled three inches at the ends, shall rest at each end not less than four inches in the wall, unless such wall be ledged. Section 5. No swelled or refuse brick shall be allowed in any wall, and brick used in the construction, alteration or repairs of any building or part thereof shall be good, hard, well-burned brick. The mortar used in the construction, alteration or repairs of any building shall be composed of lime or cement mixed with sand, in the pro- portion of three (3) of sand to one (i) of lime, and two (2) of sand to one (i) of cement; and no lime and sand mortar shall be used within twenty-four (24) hours after being mixed, and all walls or parts thereof below the curb level shall be laid in cement mortar in proportion ot 2i8 GENERAL MUNICIPAL ORDINANCES one (i) of cement to two (2) of mortar. No inferior lime or cement shall be used, and all sand shall be clear, sharp grit and free from loam, and all joints and all walls shall be entirely filled with mortar. Section 6. No cornice of wood shall be placed on any brick building which is over two stories in height. Section 7. No brick or stone wall shall be supported upon stringers of wood in any part of the city. Section 8. It shall be unlawful for any person to raise, build upon or alter any building of brick or stone, or of both, unless said building has been built in conformity with the provisions of this chapter regulating the erection of brick buildings. Section 9. All side or party and front and rear walls, or any building fifteen (15) feet high or more shall be built up and extend at least two feet above the roof; provided, that where partition walls tre carried through the floor of the upper story, said walls shall be carried up at least two feet above the roof, and the said roof shall be covered with such material as will afford protection against fire; and where a mansard or French roof is built over a single house, the outer walls of said house shall be carried up at least two (2) feet above the roof at its point of contact or intersection with the wall on all sides, except the wall fronting on the street. No mansard or French roof shall be placed on any brick building over two stories in height, unless the same shall be constructed entirely of fire-proof material. Section 10. Sections 3, 4, 5, 6, 7, 8 and 9 shall apply to all build- ings of brick or stone, or of both, in any part of the city. Section n. No stovepipe shall be permitted to project through the side wall or roof of any building, within the city limits, when such building exposes any other building within a distance of twenty- five (25) feet. All chimneys and flues must be built of brick or stone, and to the entire satisfaction and acceptance of the Fire Wardn of the City of Oakland. (Amendment approved January 25, 1877. Vol. 2. p. 516.) Section 12. (Repealed by Ordinance No. 1378. Approved No- vember 23 > 1891. Vol. 3, p. 765.) Section 13. Whenever any building, wall, chimney or smoke- stack shall, from any cause whatever, be in a situation to be dangerous to persons or property, or when any wooden building within the fire limits shall be damaged by fire to the extent of one-half or more of its actual value, the Fire Warden of the City of Oakland shall im- mediately give notice to the owner or owners, or to his or her or their agent, or the person having control thereof, if the owner cannot be found, to remove the same forthwith, and the person receiving such notice shall within forty-eight (48) hours after receiving the same comply with the requirements thereof. (Amendment approved Jan- uary 25, 1877. Vol. 2, p. 516.) OF THE CITY OF OAKLAND, CAL. 219 Section 14. All buildings hereafter erected to be used for public assemblages, in whole or in part, shall have doors that are used for the ingress and egress of the public to the portions so used for said assemblages so constructed that they shall open both inwardly and outwardly, and all buildings hereafter altered for the use of public assemblages shall be made to conform to this section. Section 15. An ordinance entitled "An Ordinance Defining Cer- tain Fire Limits "Within the City of Oakland, and to Prevent the Construction of Wooden Buildings Therein," approved October 28, 1874, and all other ordinances in conflict with this ordinance, or re- lating to fire limits or the construction of wooden buildings in the City of Oakland are hereby repealed. Section 16. Every person violating any provision of this ordi- nance is guilty of a misdemeanor, and. upon conviction thereof, shall . be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Amendment approved November 23, 1891. Vol. 3, p. 764.) Section 17. This ordinance shall take effect immediately. (Approved November 30, 1876. Vol. 2, p. 504.) Note As to use of iron, see Ordinance No. 790, post. ORDINANCE No. 728. AN ORDINANCE TO REGULATE THE REMOVAL OF WOODEN OR FRAME BUILDINGS WITHIN CERTAIN LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section i. It is hereby declared unlawful for any person to re- move any wooden or frame building from the lot or block upon which it stands, within the limits hereinafter mentioned, to any portion of the same or another lot or block within the fire limits, as defined in an ordinance entitled "An Ordinance Establishing and Defining Cer- tain Fire Limits in the City of Oakland, and for the Prevention ot Fires in Said City," approved November 30th, 1876, without the written permission of all the property owners in said block to or upon which it is proposed to remove said building. Said written permission shall be obtained and filed with the Fire Warden before the removal of any building under the provisions of this ordinance. 220 GENERAL MUNICIPAL ORDINANCES In no case shall a building be removed from without the fire lim- its to any lot or block within said limits. Section 2. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine ot not exceeding one hundred dollars, and if the fine be not paid the person fined may be imprisoned in the City Prison until the fine is paid, at the rate of one day's imprisonment for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved June 2, 1877. Vol. 2, p. 549.) ORDINANCE No. 868. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE ENTITLED "AN ORDINANCE ESTABLISHING AND DEFINING CERTAIN FIRE LIMITS IN THE CITY OF OAKLAND AND FOR THE PREVENTION OF FIRES IN SAID CITY." The Council of the City of Oakland do ordain as follows: Section i. The Council of the City of Oakland is hereby author- ized in its discretion to grant by resolution, approved by the Mayor, permission to erect within the Fire Limits of the City of Oakland a frame building; provided, such building shall have a fire-proof root; and the provisions of Section 2, 3, 4, 5 and 9 of the ordinance to which this ordinance is supplementary shall not apply to any person to whom such permission is granted. Section 2. This ordinance shall take effect immediately. (Approved July I, 1880. Vol. 3, p. 22.) ORDINANCE No. 1104. AN ORDINANCE PROHIBITING THE ESTABLISHMENT OF LAUNDRIES WITHIN THE FIRE LIMITS. OF THE CITY OF OAKLAND, CAL. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is, and shall be, unlawful for any person to estab- lish or maintain a laundry within the fire limits of the City of Oak- land. Section 2. Any room, house or building in which two or more persons are regularly employed in washing and ironing clothing for purposes of gain, shall be deemed a laundry under the provisions of this ordinance. Section 3. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars, nor greater than five hundred dollars, or in case said fine be not paid, by imprison- ment in the City Prison one day for each dollar thereof. Section 4 This ordinance shall be in full force and. effect thirty days after the date of its approval. (Approved October 26, 1889. Vol. 3, p. 389.) [Note The above ordinance was held to be invalid by the Police Court of this city in the case of ''The People vs. Gee Ham." Opinion filed February 20, 1890, by Henshaw, Justice.] ORDINANCE No. 1134. AN ORDINANCE ESTABLISHING AND DEFINING CER- TAIN FIRE LIMITS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The fire limits of the City of Oakland shall include all the territory in said city bounded by the following lines: Commencing at the point of intersection of the center line of Webster street and the center line of Seventh street, running thence westerly along the center line of Seventh street to the center line of Franklin street; thence southerly along the center line of Franklin street to the center line of Fourth street; thence along the center line of Fourth street westerly to the middle of the block between Franklin street and Broadway street; thence at a right angle southerly to the center line of First street; thence along the center line of First street westerly to the middle ot 222 GENERAL MUNICIPAL ORDINANCES the block between Broadway street and Washington street; thence at a right angle northerly to the center line of Fourth street; thence along the center line of Fourth street to the center line at Clay street: thence along the center line of Clay street northerly to the center line of Seventeenth street; thence easterly along the center line of Seven- teenth street to a point one hundred feet east of the easterly line ot San Pablo avenue; thence southerly parallel with San Pablo avenue to the center of Sixteenth street; thence easterly along the center line of Sixteenth street to a point one hundred feet west of the westerly line of Telegraph avenue; thence at a right angle northerly to the center line of Seventeenth street; thence easterly along the center line of Seventeenth street to a point one hundred feet easterly from the east line of Broadway street, thence at a right angle southerly to the center line of Fourteenth street; thence easterly along the center line of Fourteenth street to the center line of Webster street; thence southerly along the center line of Webster street to the intersection pf the center line of Webster street and the center line of Seventeenth street. Section 2. An ordinance entitled "An Ordinance Establishing and Defining Certain Fire Limits in the City of Oakland," approved June 22, A. D. 1889, and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after the date of its approval. (Approved May 6, 1890. Vol. 3, p. 431.) ORDINANCE No. 1260. AN ORDINANCE PROHIBITING THE ERECTION OF ANY WOODEN BUILDING, OR MAKING ANY ADDITION OF WOOD OR OTHER COMBUSTIBLE MATERIAL TO ANY WOODEN BUILDING WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND, AND FIXING A PENALTY THERETO. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any person, firm or corpora- tion to erect any structure of wood or to make any addition of wood or other combustible material to any wooden building within the Fire Limits of the City of Oakland. OF THE CITY OF OAKLAND, CAL. 223 Section 2. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be punished by a fine not to exceed $500; or, in default thereof, by imprisonment for a period of one day for each dollar of the fine so imposed. Section 3. This ordinance shall go into full force and effect im- mediately after its approval. Approved March 23, 1891. Vol. 3, p. 593.) ORDINANCE No. 1349. AN ORDINANCE TO PROHIBIT THE REMOVAL OF WOODEN OR FRAME BUILDINGS INTO THE FIRE LIMITS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall remove, cause to be removed or assist in removing any frame or wooden building from any place outside of, to or upon any lot or block within the fire limits of the City of Oakland. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval (Approved September 30, 1891. Vol. 3, p. 717.) ORDINANCE No. 1641. AN ORDINANCE REGULATING THE ESTABLISHMENT OF STEAM BOILERS WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND. 224 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any person to establish any steam boiler within the present fire limits of the City of Oakland, unless a permit therefor is first obtained on proper showing, from the City Council, and recommended by the Fire Warden. Section 2. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved Oct. 22, 1894. Vol. 4, p. 620.) ORDINANCE No. 1667. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE NO. 701, ENTITLED "AN ORDINANCE ESTABLISH- ING AND DEFINING CERTAIN FIRE LIMITS IN THE CITY OF OAKLAND AND FOR THE PREVENTION OF FIRES IN SAID CITY," APPROVED NOVEMBER 30, 1876, AND REPEALING ORDINANCE NO. 790, AP- PROVED SEPTEMBER 5, 1878. Be it Ordained by the Council of the City of Oakland, as follows: Section I. It shall be lawful to use iron in the construction of any building wherever it is now lawful to use brick or stone, as pro- vided in said ordinance No. 701, excepting corrugated or sheet iron. To use said corrugated or sheet iron, permission must be obtained from the City Council upon recommendation of the Fire Warden. All conditions, requirements and restrictions by said ordinance made applicable to buildings of stone or brick, shall apply to buildings ot iron erected under this ordinance. (Amendment approved Dec. 18, 1895. Vol. 5, p. 13.) OF THE CITY OF OAKLAND, CAL. 225 Section 2. Ordinance No. 790, entitled "An Ordinance Supple- mentary to an Ordinance Entitled v An Ordinance Establishing and Defining Certain Fire Limits in the City of Oakland, and for the Prevention of Fires in Said City,' " approved November 30, 1876, is hereby repealed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved February 23, 1895. Vol. 4, p. 664.) 226 GENERAL MUNICIPAL ORDINANCES CHAPTKR VII. ORDINANCES RELATING TO PUBLIC HEALTH. [Note For ordinances prescribing the duties and fixing the salaries of certain officers of the Health Department, see Chapter I., ante. ] ORDINANCE No. 684. AN ORDINANCE FOR SECURING THE HEALTH OF THE CITY OF OAKLAND AND REGULATING THE AMOUNT OF AIR IN EACH ROOM USED FOR LODG- ING PURPOSES IN SAID CITY. The Council of the City of Oakland do ordain as follows: Section i. It is hereby declared unlawful for any person to sleep or lodge in any room in the City of Oakland unless said room con- tains at least five hundred cubic feet of air for each person sleeping or lodging therein. Section 2. Any person violating any of the provisions of this ordinance shall be fined not exceeding one hundred dollars and in case the fine be not paid, the person fined may be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved August 28, 1876. Vol. 2, p. 486.) OF THE CITY OF OAKLAND, CAL. 227 ORDINANCE No. 703. AN ORDINANCE TO COMPEL THE CLEANSING AND EMPTYING OF CESSPOOLS AND PRIVY VAULTS WITHIN THE LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section i. It is hereby declared unlawful for any person to con- struct or use, or have, or maintain any cesspool or privy vault or water closet upon any lot of land owned or occupied by him, or her, in the City of Oakland, within one hundred and fifty feet of either line of any street having a sewer therein, unless such cesspool or privy vault or water closet is properly connected with the street sewer; and in all said connections there shall be a trap or other device to prevent the escape of gas or obnoxious odors therefrom into the open air, so as to be offensive to the senses of any person living or being in the immediate neighborhood thereof; and in all such con- nections there shall be maintained a constant supply of water from either tank or city water works, sufficient to prevent filthy accumu- lations in cesspools or privy vaults or water closets, or the pipes or drains thereof. (Amendment approved October 9, 1894. Vol. 4, p. 617.) Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 3. An ordinance entitled "An Ordinance Regulating the Connecting of Cesspools and Privies With the Sewers in Certain Portions of the City of Oakland," approved November 23, 1875, is hereby repealed. Section 4. This ordinance shall take effect and be in force on and after its approval. (Approved November 30, 1876. Vol. 3, p. 509.) 228 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 869. AN ORDINANCE CONCERNING VACCINATION. The Council of the City of Oakland do ordain as follows: Section i .In all vacinations by or under the authority of the Board of Health or the City Physician the vaccine matter used shall be bovine matter and no other. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding fifty dollars, and in case the fine be not paid, shall be imprisoned at the rate of one day for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved August 19, 1880. Vol. 3, p. 23.) ORDINANCE No. 938. AN ORDINANCE PROHIBITING THE EMPTYING OF DRAINS AND THE DEPOSITING OF RUBBISH UPON PUBLIC GROUNDS AND STREETS. The Council of the City of Oakland do ordain as follows: Section i. No person owning or having the control of any prem- ises shall suffer or permit any drainage or sewerage, or any drain from any house, barn, building, stable, shed, privy, vault or cesspool situated on such premises, or any drain from such premises, to empty into or upon any public square, street, or highway within the limits of the City of Oakland, nor shall any person throw into or deposit upon any public square, street, or highway any rubbish, garbage, filth, or glass or broken ware without permission of the City Council. Section 2. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not exceeding one hun- dred dollars, and in case the fine be not paid the person so fined shall OF THE CITY OF OAKLAND, CAL. 229 be imprisoned in the City Prison tmlil the same be satisfied at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in force from and after its approval. (Approved January 10, 1884. Vol. 3, p. 127.) ORDINANCE No. 1108. AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND REQUIRING PLUMBERS TO REGISTER THEIR NAMES AND ADDRESSES AT THE HEALTH OFFICE AND COMPLY WITH REGU- LATIONS OF THE BOARD OF HEALTH IN REFER- ENCE TO THE DRAINAGE AND PLUMBING OF BUILDINGS. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every master and journeyman plumber carrying on his trade in this city shall, under such regulations and rules as the Board of Health of said city shall prescribe (not in conflict with general laws), register his name and address at the Health Office of said city, and after the establishment of such rules and regulations it shall not be lawful for any person to carry on the trade of plumbing, either as a master or journeyman plumber, or otherwise, unless his name and address be registered as above provided. Section 2. A list of registered plumbers shall be published in the yearly report of the Health Officer or Board of Health. Section 3. The drainage and plumbing of all buildings, both public and private, hereafter erected in said city shall be executed in accordance with plans previously approved in writing by the Board of Health of said city, and suitable drawings and description of said drainage and plumbing shall in each case be submitted to the Board of Health and placed on file in the Health Office. The said Board of Health is also authorized to receive and place on file drawings and descriptions of the drainage and plumbing of buildings erected prior to the passage of this ordinance. Section 4. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five 230 GENERAL MUNICIPAL ORDINANCES dollars nor more than twenty-five dollars for every offense, or by imprisonment in the City Prison one day for each dollar of such fine as shall be unpaid. Section 5. This ordinance shall go into full force and effect im- mediately after its approval. (Approved December 2, 1889. Vol. 3, p. 397.) ORDINANCE No. 1214. AN ORDINANCE TO PREVENT THE ABUSE OF OPIUM AND OTHER DRUGS. Be it ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any druggist, or any person whatever to sell or give away or deliver to any person in the City of Oakland, excepting as provided in Sections 2 and 3 of this or- dinance, opium or any preparation thereof, morphine, cocaine or any of their salts, or any solution or preparation in which one or more of these substances is known to be an ingredient. Section 2 .This ordinance shall not apply to the filling by drug- gists of the written orders or prescriptions of any licensed physician, or one who, upon due inquiry, is believed by the druggist to be such, for any of the substances enumerated in Section I ; but every such order or prescription must be numbered and dated at the time it is filled, and the name and address of the druggist filling it must be written or stamped, in ink, across the face of such order or prescrip- tion so that it cannot be erased without detection; and a label with similar date and number, name and address, shall be affixed to the bottle, box or package of the medicine before its delivery, and upon such label shall also be written the name of the physician who prescribed or ordered it. Every such order or prescrip- tion, or a copy thereof, shall be kept by the druggist filling it, for two yeais, and be subject to the inspection of any legally constituted court or officer demanding it. No copy of any such order or prescription shall ever be filled, but the original order or prescription may be refilled once only (excepting as hereinafter provided) and the druggist refilling it must make a note upon it that it has been refilled, and. also the date upon which it was refilled. If it shall be refilled by any other druggist than the one who first filled it, such druggist must also number it and stamp OF THE CITY OF OAKLAND, CAL. 23 [ or write his name and address in ink across the face of it and keep it, or a copy of it, for two years, subject to inspection as before or- dered; and such order or prescription must not again be refilled ex- cepting upon the order or request, written upon a separate paper of the physician who wrote the order or prescription, and then only for as long a time not exceeding two weeks as the physician may desig- nate in such order; and such written order or request must be kept by the druggist for two years and be subject to inspection as in the case of the original prescription or order. Section 3. This ordinance shall not apply to the sale of lini- ments or mixtures for external use that are of such a nature that they cannot be taken internally without danger to life or health; nor to the sale of morphine or cocaine, or their salts, or of opium, in mixtures, pills, powders or solutions when in combination with other active ingredients; provided, that no more than eight grains of opium, and no more than two grains of morphine or cocaine or their salts, or both combined, shall be sold to, or for, the same person in any one day; nor to the sale of paregoric; nor to the sale or gift of any of the substances enumerated in Section i, to hospitals, asylums or other public or charitable institutions for use therein; or to physicians or dentists or other druggists who are engaged in the business. Section 4. It shall be unlawful for any person to endeavor to procure any of the substances enumerated in Section I, by means of a fraudulent order or prescription, or one signed by a fictitious name, or by means of any other false statement or representation. Section s. It shall be unlawful for any physician to give away, or to prescribe, or give an order for any of the substances named, to any person excepting for the purpose of curing or alleviating dis- ease. Section 6. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, and in case the said fine is not paid, then the person so fined may be im- prisoned in the City Prison of the City of Oakland at the rate of one day for each dollar of the fine so imposed. Section 7. This ordinance shall go into effect immediately upon and after its approval. alter its approval. (Approved October 30, 1890. Vol. 3, p. 527.) 232 GENERAL, MUNICIPAL ORDINANCES ORDINANCE No. 1224. AN ORDINANCE RESTRICTING THE NUMBER OF MILCH COWS, OR STEERS, OR BULLS FOR BREEDING PUR- POSES, THAT SHALL BE KEPT ON ANY BLOCK WITHIN THE CITY OF OAKLAND. EXCEPTING THAT PART OF SAID CITY LYING EAST OF THE EASTERN BOUNDARY OF THE TERRITORY AN- NEXED TO THE CITY OF OAKLAND AND DES- CRIBED BY ORDINANCE APPROVED APRIL 4, 1872, AND NORTH OF THE CHARTER LINE OF THE CITY OF OAKLAND, ESTABLISHED BY THE LEGIS- LATURE OF THE STATE OF CALIFORNIA, IN 1853, IN SO FAR AS SAID LINE EXTENDS FROM THE WEST SHORE TO THE EAST SHORE OF LAKE MERRITT; ALSO, NORTH OF THE TERRITORY ANNEXED AND DESCRIBED IN AN ORDINANCE APPROVED NOV 4, 1872. Be it Ordained by the Council of the City of Oakland, as follows: Section I. It shall be unlawful for any person, firm or corpora- tion to keep or maintain any bull for breeding purposes, or more than two (2) milch cows or steers for any purpose, on premises located in any block within the City of Oakland, provided, that that portion of said city annexed thereto by virtue of an election held therein on the 10th day of June, 1897; also a portion of the territory which was annexed to the city by virtue of an election held July 14, 1891, and described as follows: Beginning at a point on the northern boundary of the City of Oakland, said point being 150 feet at right angles westerly from the center line of Pleasant Valley avenue; thence southerly along a line 150 feet at right angles westerly from and parallel with said center line of Pleasant Valley avenue to its intersection with the center line of Perry street; thence southeasterly along the center line of Perry street and said center line of Perry street produced southeasterly to its intersection with the old charter line; thence following northerly and easterly the old charter line to the northern boundary line of the city shall not be subject to the provisions of this ordinance. OF THE CITY OF OAKLAND, CAL. 233 (Amendment approved Mar. i, 1898. Vol. 5, p. 239.) Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not to exceed one hundred dollars; and for every dollar of such fine not paid shall be imprisoned in the City Prison at the rate of one day for each dollar of the fine so imposed and unpaid. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall go into full force and effect in sixty days after its approval. (Approved November 17, 1890. Vol. 3, p. 535.) [Note. The territory excepted from the operation of this or- dinance by the terms of Section i thereof, ante, is what is no known as the Annexed District, being described generally as that portion of the city lying east of Cemetery creek, and its southerly continua- tion to Lake Merritt, and north of Lake Merritt, Indian Gulch and Millbury street. For a particular description, see Vol. 3, of ordi- nances, page 605.] ORDINANCE No. 1293. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICER OF ALL CASES OF SICKNESS OR DEATH FROM CERTAIN DISEASES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every physician in the City of Oakland shall im- mediately report to the Health Office, in writing, every patient he shall have sick of typhus or ship fever, yellow fever, Asiatic cholera, smallpox, diphtheria, scarlatina, typhoid fever or malarial fever, and shall report to the Health Office every death from such disease im- mediately after it shall have occurred. Section 2. Every householder in the City of Oakland shall forth- with report in writing to the Health Office the name of every inmate of his or her house whom he or she shall have reason to believe sick of typhus or ship fever, yellow fever,Asiatic cholera, smallpox, diph- theria, scarlatina, typhoid fever or malarial fever, and any death oc- curring at his or her house from such disease. 234 GENERAL MUNICIPAL ORDINANCES Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved July 9, 1891. Vol. 3, p. 647.) ORDINANCE No. 1297. AN ORDINANCE TO PREVENT THE SALE OF BAD AND UNWHOLESOME MEATS AND PROVISIONS WITHIN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall sell or offer or expose for sale for human food in the City of Oakland any blown, meager, diseased or bad meat, poultry, game or other unwholesome provisions, nor any unsound, diseased or unwholesome fish, fruit .vegetables or other market produce. Section 2. No sick or diseased animal or the flesh of any animal which when killed was sick or diseased, or that died a natural or acci- dental death, shall be brought into, sold or exposed or oeffred for sale in the City of Oakland, and no calf shall be slaughtered or sold or brought into said city for sale for human food, unless it is in good, healthy condition, at least four weeks of age, and weighs not less than sixty (60) pounds when the entrails, head and feet have been removed. (Amendment approved May 22, 1896. Vol. 5, p. 66.) Section 3. Any article or animal that shall be offered or ex- hibited for sale in any market or elsewhere in the City of Oakland as though it was intended for sale will be deemed offered and ex- posed for sale within the intent and meaning of this ordinance. Section 4. Any person who in violation of the preceding sec- tions of this ordinance shall bring within the said city, slaughter or sell or expose for sale any article or animal (therein prohibited from sale) or which is unfit or unsafe for human food shall forfeit the same to the city, and the Board of Health shall forthwith cause the same to be removed in such manner as will insure safety and protection to the public health. OF THE CITY OF OAKLAND, CAL. 235 Section 5. It is hereby declared to be unlawful for any person or persons in any manner, either mechanically or otherwise, to blow up or inflate any meat kept for sale or intended to be sold for human food within the City of Oakland. Section 6. Every owner or occupant of a market, market place or stall therein within the City of Oakland shall use due care and attention to maintain cleanliness thereat by the prompt removal of all rubbish or other matter tending to create stench or generate disease. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not exceeding one hun- dred dollars, and in case such fine be not paid then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 8. This ordinance shall take effect immediately upon its approval. (Approved July 9, 1891. Vol. 3, p. 652.) ORDINANCE No. 1329. AN ORDINANCE REQUIRING THE BURIAL OF PERSONS HAVING DIED FROM CONTAGIOUS DISEASES WITHIN TWENTY-FOUR HOURS AFTER DEATH AND PROHIBITING FORMAL FUNERALS IN PUBLIC PLACES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Whenever infectious or contagious diseases, such as smallpox, diphtheria, scarlatina or Asiatic cholera, have existed in a household in the City of Oakland, and the person so afflicted has died, the body of said decedent must not be removed from the apart- ment in which death occurred, except for burial. The interment ot the body must take place within twenty-four hours after death. In the cases of all deaths from such diseases, no formal inspection or viewing of said remains by persons other than the visiting physician. Health Officer and the immediate members of the family must be permitted. No formal services or ceremonies shall be held within the premises where said death occurs over the remains of the person who has died from any of said diseases, nor shall the body of any person 236 GENERAL MUNICIPAL ORDINANES whose death has occurred from any of said diseases be conveyed to any church or other place of worship for any purpose whatever. Section 2. Every person violating any provision of this ordi- nance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dol- lars, and in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 694.) ORDINANCE No. 1331. AN ORDINANCE REQUIRING THE OBTAINING OF PER HITS FOR THE INTERMENT OR REMOVAL OF DEAD BODIES. Be. it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall deposit in any cemetery in the City of Oakland the body of any human being who has died in the said city, or remove the same from within the limits of the city without "first having obtained and filed at the Health Office a certificate, signed by a legally licensed physician or coroner, setting forth as near as possible the name, age, sex, color, place of birth, occupation, locality and cause of death of deceased, and obtained from the Health Officer a permit in writing therefor for burial or other purposes. Section 2. No person shall transport in or through the street^ or highways of the City of Oakland the body of any human being who has died without the limits of the city, or any body or remains of a deceased person, exhumed or taken from any grave unless the person transporting such body or remains shall first obtain from the Health Officer a permit in writing therefor, which shall accompany the body or remains. (See Charter, Sec. 180.) Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case OF THE CITY OF OAKLAND, CAL. 237 such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the tine so imposed. Section 4. This ordinance shall take effect immediately upon its approval, (Approved September 30. 1891. Vol. 3, p. 698.) ORDINANCE No. 1332. AN ORDINANCE TO REGULATE THE MANNER OF KEEP- ING COWS AND OTHER ANIMALS. Be it Ordained by the Council of the City of Oakland, as follows: Section I. No person shall in the City of Oakland keep any cow, horse, cattle, goat, swine or other animal in such manner as may injuriously affect the health of any neighborhood or person. Section 2. ' Every person having the care or control of any yard, stable, pen or other place in the City of Oakland where cows, horses, cattle, goats, swine or other animals are kept, shall keep such yard, stable, pen or place clean and free from stagnant water and all filthy or unhealthful substances. Section 3. Every person violating any of the provisions of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars; and in case such fine be riot paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 699.) ORDINANCE No. 1344. AN ORDINANCE TO PREVENT THE DISCHARGE OR DE- POSIT OF SEWAGE, DRAINAGE AND GARBAGE INTO LAKE MERRITT. 238 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person shall cause or permit any sewage, drain- age or garbage of any house or premises to be discharged into or deposited in Lake Merritt or any of its tributary streams, within the limits of the City of Oakland. Section 2. Every person violating any provision of this ordi- nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 712.) ORDINANCE No. 1346. AN ORDINANCE TO PROHIBIT THE MAINTENANCE OF STAGNANT WATER AND NAUSEOUS AND OF- FENSIVE SUBSTANCES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person having the possession or control of any real property in the City of Oakland shall cause, permit or allow upon the same, any stagnant water or any nauseous or offensive substance, either of which may be dangerous to or may injuriously affect the health of any neighborhood or person. Section 2. Every person violating any provision of this ordi- nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, an in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 714.) OF THE CITY OF OAKLAND, CAL. 239 ORDINANCE No. 1348. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICE OF ALL BIRTHS. Be it Ordained by the Council of the City of Oakland, as follows: Section I. Every physician and midwife in the City of Oakland shall report to the Health Office on or before the fifth Hay of eacii month, all births occurring in his or her practice during the previous month. In the absence of such physician or midwife it shall be the duty of the parent or parents to make such report within thirty days after the birth of any child to them. Section 2. Every person violating any provision of this ordi- nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled "An Ordinance Concerning a Record of Births in the City of Oakland," approved Nov. 14, 1870, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 716.) ORDINANCE No. 1360. AN ORDINANCE PROHIBITING THE BRINGING INTO THE CITY OF OAKLAND THE BODY OF ANY PER- SON WHO DIED OF A CONTAGIOUS DISEASE. WITHIN ONE YEAR OF THE DAY OF DEATH. Be it Otdained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any person, master, captain or conductor in charge of any boat, vessel, railroad car or public or 240 GENERAL MUNICIPAL ORDINANCES private conveyance to bring into the City of Oakland the dead body of any person who died of a contagious disease within one year ot the day of death. Section 2. Every person violating any provision of this ordi- nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dol- lars, or in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved November 14, 1891. Vol. 3, p. 731.) ORDINANCE No. 1456. AN ORDINANCE PROVIDING FOR THE CONTROL AND MANAGEMENT AND LOCATION OF A HOSPITAL, FOR CONTAGIOUS DISEASES, GRANTING GROUNDS AND DESIGNATING THE DUTIES OF THE HEALTH OFFICER IN RELATION TO CERTAIN CONTAGIOUS DISEASES. Be it Ordained by the Council of the City of Oakland, as follows : Section i. Whenever a case of smallpox, Asiatic cholera, yellow or typhus fever is reported to the Health Officer, he shall immediately visit the premises where the person is; and the said Health Officer, upon personal inspection shall, in case of smallpox, Asiatic cholera, yellow or typhus fever, immediately cause to be displayed a quaran- tine flag in a conspicuous place on said premises, and put upon the doorway of houses infected with such diseases a placard setting forth the fact, the flag to remain during the continuance of the disease on said premises. Section 2. The Board of Health may locate, establish and main- tain a hospital for contagious diseases, and discontinue and remove the same when and where such location, establishment and main- tenance or discontinuance and removal may be necessary to the preservation of public health. They may appoint and remove at pleasure such physicians and nurses (whose compensation shall be fixed by the Council) for said hospital as may be necessary to main- OF THE CITY OF OAKLAND, CAL. 241 tain the efficiency of the same and comfort of the inmates; and may cause to be removed thereto and kept any person within the limits of the city affected with smallpox, Asiatic cholera, yellow or typhus fever; provided, that no person, unless he is unable or refuses to maintain such quarantine as may be prescribed by resolution of the Board of Health, shall be so removed to any such hospital. The Board of Health may make all rules and regulations regarding the conduct of said hospital as may be needful. No person shall re- move a patient affected with the diseases above named from any house or place within the limits of the city to any other house or place without the permission of the Health Officer. Section 3. The Board of Health may proclaim such quarantines and establish and declare such quarantine districts and grounds^ and the boundaries thereof, as may in their judgment be necessary for the preservation of public health; and may, when deemed necessary, re- quire all vessels, railroad cars or other public conveyances, before the same shall land or stop at any landing, depot or any stopping place in the city, to stop or touch at any or either of the districts, grounds or boundaries so selected and established for quarantine purposes, and leave all such persons, with their stores and baggage, as in the opinion of the Health Officer or physician stationed at such quarantine site, places or boundaries shall be deemed proper on account of the existence or general report of Asiatic cholera, smallpox, yellow or typhus fever. Section 4. The said Board of Health shall make such rules and regulations for the government of the quarantine or the health ot the city as from time to time they shall deem necessary; and the physicians or Health Officers in charge .of any quarantine station or place shall have power to make and enforce such regulations as may- be necessary for the proper management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the city in i-nd about said quarantine stations or places to carry out and obey the same. Section 5. Every person violating any provision of this ordi- nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dol- lars, and in case such fine be not paid, the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 6. This ordinance shall take effect immediately upon its approval. (Approved September 7, 1892. Vol. 4, p. 276.) 242 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1870. AN ORDINANCE PROVIDING FOR THE CONTROL AND MANAGEMENT AND LOCATION OF QUARANTINE DISTRICTS AND DESIGNATING THE DUTIES OF THE HEALTH OFFICER IN RELATION TO CERTAIN CONTAGIOUS DISEASES. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Whenever a case of diphtheria or scarlet fever is re- ported to the Health Officer by a regularly licensed physician, he shall immediately cause to be displayed in a conspicuous place on the premises where such disease exists, and put upon the doorway of the houses infected with such disease a placard setting forth the fact, the same to remain during the continuance of the disease on said premises. Section 2,. The Board of Health may proclaim such quarantines and establish such quarantine districts and the boundaries thereof as may be necessary for the preservation of the public health and for the control of the diseases hereinabove mentioned. Section 3. The Board of Health shall make such rules and regu- lations fcr the government of such quarantines or quarantine dis- tricts as from time to time they shall deem necessary for the health of the city, and the physician or Health Officer in charge of said quarantines or said quarantine districts shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quar- antine and all agents, officers, policemen and others employed by ihe city in and about said quarantines and quarantine districts to carry out and obey the same. Section 4. No person except the duly authorized agent of the Board of Health shall remove, tear down, cover up, obliterate or destroy any copy of any order of the Board of Health placarded and fixed conspicuously on the front of any building as required and pro- vided for by the provisions of this ordinance. Section 5. The fxing of a copy or copies of any order of the Board of Health required and provided for by the provisions of this ordinance upon any building within the City of Oakland is hereby declared not to be a defacing of said building in the meaning of Or- dinance No. 932, entitled "An Ordinance to Prohibit the Defacing of Buildings and Trees by Advenising Notices and to Prohibit OF THE CITY OF OAKLAND, CAL. 243 Carrying Placards and Distribution of Advertising Notices on Side- walks in the City of Oakland/' approved September 4, 1883. Section 6. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not to exceed one hundred dollars, and in case the fine be not paid, the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 7. This ordinance shall take effect immediately upon its approval. (Approved Feb. 12, 1898 Vol. 5, p. 229.) ORDINANCE No. 1520. AN ORDINANCE TO PROTECT SEWERS AND SEWERING IN THE CITY OF OAKLAND BY PROHIBITING THE UNAUTHORIZED DISCHARGE, DEPOSIT OR INTRO- DUCTION THEREIN OF SEWAGE, DRAINAGE OR GARBAGE MATTER FROM WITHOUT THE CITY. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No person without having first obtained the per- mission of the Council of the City of Oakland so to do, shall directly or indirectly discharge, deposit or introduce from without the City of Oakland any sewage, drainage or garbage matter in or into any sewer within the City of Oakland, or in or into any sewer extension, sewer branches or sewer connection connecting therewith. Outside sewers, for the purposes of this ordinance are those lying outside the City of Oakland. The use or connection, or con- tinuance of the use or connection, of any outside sewer in conjunc- tion or connection with any sewer extension or sewer pipe which connects with any sewer within this city, by which outside sewer use or connection, or the continuance of either, any sewage, drain- age or garbage matter is allowed or caused, directly or indirectly, to be introduced or conveyed into any sewer within this city, is and shall be deemed a violation of this crdinance, unless before such out- side use is begun or continued, or before such outside connection is made or maintained, permission of said Council to enter upon or continue such use or to make or maintain such connection, shall have first been obtained. 244 GENERAL MUNICIPAL ORDNANCES Section 2. Any person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take 'effect immediately. (Approved April 27. 1893. Vol. 4, p. 415.) ORDINANCE No. 1532. AN ORDINANCE PROVIDING FOR THE PLACARDING AND VACATING OF BUILDINGS UNFIT FOR HUMAN HABITATION, AND REPEALING ORDINANCE NO. 1225, ENTITLED, "AN ORDINANCE REQUIRING' THE VACATING OF BUILDINGS UNFIT FOR HUMAN HABITATION," APPROVED NOVEMBER 25, 1890. Be it Ordained by the Council of the City of Oakland^ as follows: Section i. Whenever it shall be certified to the Board of Health by the Health Officer that any building or part thereof is unfit for human habitation by reason of its being so infected with disease, or from other causes, as to be likely to cause sickness amongst its occu- pants, said Board may issue an order requiring all persons therein to vacate said building, or the infected part thereof, and shall cause a copy of said order to be affixed conspicuously on the front of the said building, and shall also cause a copy of said order to be served personally, or by mail, if personal service cannot be made, upon the owner, agent or lessee of said building. Said order shall state the reasons for requiring the infected building or portion thereof to be vacated, and shall require the said infected building or portion thereof to be vacated within ten days after the affixing thereon, as hereinbefore provided, of a copy of said order; provided, however, that if in the opinion of the Board of Health, the public safety and health shall require said infected building or portion thereof to be sooner vacated, then the said Board of Health may require, and the said order shall provide for, the vacating of said infected building or portion thereof within a shorter time than ten days; provided, however, that said shorter time shall in no case be less than twenty-four hours from the affixing of a copy of said order upon said infected building. OF THE CITY OF OAKLAND, CAL. 245 Section 2. No person except a duly authorized agent of the Board of Health shall remove, tear down, cover up, obliterate or destroy any copy of any order of the Board of Health affixed con- spicuously upon the front of any building, as required and provided for by the provisions of this ordinance. Section 3. The affixing of a copy or copies of any order of the Board of Health required and provided for by the provisions of this ordinance upon any building within the City of Oakland, is hereby declared not to be a defacing of said building within the meaning ot Ordinance Number 932, entitled, "An Ordinance to Prohibit the De- facing of Buildings and Trees by Advertising Notices and to Pro- hibit Carrying of Placards and Distribution of Advertising Notices on Sidewalks in the City of Oakland," approved September 4, 1883. Section 4. Every person violating any of the provisions of this ordinance is guilty of a misdemeanor, and upon conviction thereot shall be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment in the City Prison of the said City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 5. Ordinance No. 1225, entitled "An Ordinance Re- quiring the Vacating of Buildings Unfit for Human Habitation," approved November 25, 1890, is hereby repealed. Section 6. All ordinances and sections or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. This ordinance shall take effect and be in full force immediately upon its approval. (Approved June 19, 1893. Vol. 4, p. 435.) ORDINANCE No. 1595. AN ORDINANCE CONCERNING THE REMOVAL OF SWILL, GARBAGE, FILTH, OFB'AL OF ANY KIND, MANURE, RUBBISH OR ANY OFFENSIVE OR ILL- SMELLING MATTER, OR ANY ADMIXTURE OF SWILL, GARBAGE, FILTH, OFFAL OF ANY KIND OR ANY OFFENSIVE OR ILL-SMELLING MATTER AND REPEALING ORDINANCE NO. 1576, ENTITLED: "AN ORDINANCE CONCERNING THE REMOVAL OF SWILL; GARBAGE, FILTH, BUTCHERS* OFFAL. MANURE AND RUBBISH," APPROVED NOVEMBER 29, 1893. 246 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section I. It is hereby declared unlawful for any person to use any cart or vehicle upon any public street, lane or alley within the limits of the City of Oakland for the conveyance or removal of swill, garbage, filth, offal of any kind, or any offensive or ill-smelling matter, or any admixture of swill, garbage, filth, offal, of any kind, or any offensive or ill-smelling matter, between the hours of 12 o'clock noon and 6 o'clock in the evening of each day. Section 2. No person shall use any cart or vehicle for the con- veyance or removal of swill, garbage, filth, offal of any kind or any offensive or ill-smelling matter, or any admixture of swill, garbage, filth, offal, of any kind, or any offensive or ill-smelling matter, unless the said cart is staunch, tight and closely covered with a wooden or metal cover, so as to wholly prevent leakage or smell; nor use any cart or vehicle for the conveyance or removal of manure unless the said cart or vehicle be provided with a canvas cover securely fastened over the top thereof, and be so constructed as to prevent the deposit of such manure or any portion thereof in or upon the streets through which said cart or vehicle may be driven. For the purposes of this ordinance the term "manure'' shall only include the dung of animals mixed with hay or straw or both hay and straw. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not exceeding one hundred ( 100) dollars, and in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 4. Ordinance Number 1576, entitled "An Ordinance Concerning the Removal of Swill, Garbage, Filth, Butchers' Offal. Manure and Rubbish," approved November 29, 1893, is hereby re- pealed. Section 5. This ordinance shall take effect immediately upon its passage and approval. (Approved Feb. 14, 1894. Vol. 4, p. 527.) ORDINANCE No. 1616. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICE OF ALL ANIMALS SUFFERING FROM CERTAIN DISEASES. OF THE CITY OF OAKLAND, CAL. 247 Be it Ordained by the Council of the City of Oakland, as follows: Section i. Every Veterinary Surgeon practicing medicine in the City of Oakland shall immediately report in writing to the Health office every animal he shall have sick of contagious pleuro-pneumonia, tuberculosis, foot and mouth disease, anthrax, Texas fever, actinomy- cosis, glanders, farcy and hydrophobia. Section 2. Every person violating any provisions of this or- dinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved July 3, 1894. Vol. 4, p. 571.) ORDINANCE No. 1618. AN ORDINANCE TO PROHIBIT AND PUNISH THE PRO- DUCTION OR SALE OF UNWHOLESOME OR ADUL- TERATED MILK OR CREAM. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It shall be unlawful for any person or persons to bring into the City of Oakland, or to sell, exchange or distribute, or expose for sale, exchange or distribution, any diluted, impure, adul- terated or unwholesome milk. Section 2. It shall be unlawful for any person or persons to keep any cow or cows for the production of milk for sale, exchange or distribution, in said City of Oakland, in any crowded or unhealthy condition, or to feed said cow or cows on any food or give them anything to drink which could or would produce impure, diseased or unwholesome milk. Section 3. It is hereby declared to be unlawful for any person or persons to offer for sale, exchange or distribution any milk in the City of Oakland, unless the name of the dairy or dairies from which said milk is brought is conspicuously and legibly inscribed upon the wagon or vehicle in which said milk is sold, exchanged or distributed, in letters at least three inches in height and unless the name or initials 248 GENERAL MUNICIPAL ORDINANCES of the name of said dairy be also legibly and distinctly inscribed upon the cans containing said milk in letters at least one and one-half inches in height. Section 4. It is hereby declared to be unlawful for any person or persons to deliver any milk in the City of Oakland unless they shall register the dairy or dairies from which said milk comes in the Health Office. Said registration shall consist, first, in giving the name or names of the owner or owners of the dairy; second, in giving the name or names of the dairy or dairies from which the milk is taken; third, in giving the location of the dairy or dairies from which the milk is taken; fourth, in giving the number of cows owned and milked in said dairy; fifth, every owner of a dairy in the City of Oakland, or bringing milk into said city, shall cause the same to be registered at the Health Office within thirty days after the approval and adoption of this ordinance, or within thirty days after commencing to do a dairy business and during the month of each and every January there- after or when specially notified in writing so to do by the Health Officer; sixth, ail changes of location of a dairy shall be reported by the owner to the Health Office in writing 15 days after said change. Section 5. It shall be unlawful for any person or persons to bring into the said city or to sell, exchange, distribute or expose for sale, exchange or distribution any milk with the cream abstracted therefrom unless said person or persons shall plainly mark on the cans from which said milk is taken the words "skimmed milk." Section 6. If any person or persons who sell, exchange, dis- tribute or expose for sale milk in said city shall keep among their cows from which milk is obtained to be sold, exchanged, distributed or exposed for sale any sick or diseased ct upon a wooden floor must be connected to waste pipe with lead wiped onto a brass ferule and the same to be caulked. All slop hoppers shall be provided with a suitable trap of not less than two inches in di- 254 GENERAL MUNICIPAL ORDINANCES ameter. Bell traps shall not be allowed in any case. Waste pipe of slop hoppers must not be less than two inches in diameter. All waste pipes from sleeping apartments must discharge into open trapped hoppers, outside of building, except where a building covers the entire width of the lot. Section 18. No steam exhaust will be allowed to connect with any drain, soil, vent or waste pipe. Section 19. All leaders, soil, waste, drain and vent pipes inside of buildings, before being covered, must have all openings stopped and be filled with water, for the purpose of testing the same. The test must be made in the presence of the Inspector, and if satis- factory he shall issue the proper certificate, but if the test be not satis- factory he must withhold the certificate until the evil be remedied: and all owners of buildings must require of the contractors a cer- tificate of good sanitary plumbing and drainage in all cases where such work is being done. Upon completion of the plumbing work, the plumber must report to the Inspector for final inspection. The said certificate to be signed by the Inspector, provided by law. He must not sign and deliver the same except as hereinbefore provided. Section 20. All plans and descriptions of plumbing and drain- age must be made upon blanks furnished by the Health Department. Section 21. No opening shall be provided in the sewer pipe ot any building for the purpose of receiving the surface drainage of the cellar, unless special permission is granted by the Sanitary Inspector, and any opening so made must be immediately and permanently closed when directed by said Inspector. When a building is moved from one part of the city to another, or when an addition is made to a building, or when any new plumbing is done in an old building or any sewering in connection therewith (except in case of repairs, and repairs are defined to consist of leaks in drain, soil, waste and vent pipes, and repairs on faucets, valves and water supply pipes) the rules and regulations of this ordinance must be followed. Section 22. When a building has been inspected and condemned by the Health Officer plans must be filed, and the new plumbing work or alterations must be executed in accordance with this ordinance. Section 23. No soil, waste, leader or vent pipe of any kind shall be built into brick, stone or concrete walls; where necessary to con- ceal pipes of this class they must be run in suitable reveals or recesses. Section 24. When castiron or ironstone pipe is specified in the foregoing rules and regulations, if desired, galvanized wrought iron pipe of standard steam thickness may be used, provided, that the fittings are so constructed as to form a uniform bore with the pipe without burrs or recesses. Section 25. All plumbing and drainage work in the City of Oak- land shall be done in accordance with this ordinance 'and no person OF THE CITY OF OAKLAND, CAL. 255 shall do any plumbing or drainage work in said city except in accord- ance with this ordinance. Section 26. Every person violating any provisions of this or- dinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine sc imposed. Section 27. All. ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 28. This ordinance shall take effect and be in full force from and after its approval. (Approved August 15, 1894. Vol. 4, p. 577.) ORDINANCE No. 1647. AN ORDINANCE CREATING THE OFFICE OF INSPECTOR OF MARKETS, MEAT AND MILK AND VETERINARY SURGEON FOR THE CITY OF OAKLAND, DEFIN- ING THE DUTIES AND FIXING THE SALARY OF THE INCUMBENT THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. The office of Inspector of Markets, Meat and Milk and Veterinary Surgeon is hereby created, and the compensation of the appointee to said office is hereby fixed at the sum of $1200.00, to be paid in twelve equal monthly installments. Section 2. The duties of said Inspector of Markets, Meat and Milk and Veterinary Surgeon are hereby declared to be as follows He shall take *-are of all sick horses belonging to the city depart- ments, and shall examine any horse, or horses the Board of Public Works may direct him to inspect, and report to the Board of Health all cases of suspected contagious disease among animals; shall vigil- antly inspect the meat, poultry, game, fish, vegetable and fruit mark- ets of this city, and shall examine all articles therein exposed for sale. If any of the said articles so exposed are in any way unfit for human consumption, he shall seize and forthwith remove the same at the expense of the owner in such manner, under the direction of the Health Department, as will be for the public interest and safety. He shall have general supervision of all dairies within the city limits, 256 GENERAL MUNICIPAL, ORDINANCES and shall inspect and examine all milk brought into the city or ex- posed or offered for sale therein. And if said milk is in any way unfit for human consumption or adulterated with water or any other fluid or substance, he shall seize the same and cause it to be des- troyed in such manner and in such a way as to him may seem best for the public interest or safety, under the direction of the Board ot Health, and perform such other duties as the Board of Health may direct. Section 3. No person excepting a legally qualified veterinary surgeon shall be eligible to be appointed to, or occupy the office hereby created, and appointments to said office shall be made by the Board of Health. The appointee to hold office during the pleasure of the Board. Section 4. In case any article or articles as provided for in this ordinance shall be condemned and destroyed by the Inspector of Markets, Meat and Milk, such destruction shall be at the cost and expense of any person or persons offering the same for sale. Section 5. Any person violating any of the provisions of this ordinance, or who shall resist or obstruct or evade the Market In- spector, in the legal exercise of his duty, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a line not greater than two hundred and fifty ($250.00) dollars, and in case such fine so imposed be not paid, then by imprisonment at the rate of one day for every two dollars of said fine remaining unpaid. Section 6. This ordinance sh-.i 1 ! take effect and be in full force from and after its approval. (Approved Dec. 13, 1894. Vol. 4, p. 633.) ORDINANCE No. 1735. AN ORDINANCE REGULATING THE STORAGE OF PICKLES AND MATERIALS THEREFOR IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section I. No person, firm, association or corporation shall store within the limits of any one block in the City of Oakland, over one thousand gallons of pickles cr vegetable products in course of preparation therefor, unless the same be kept in water tight casks, OF THE CITY OF OAKLAND, CAL. 257 tanks, bottles or jars securely closed, excepting in that portion of the city bounded on the north and east by First and West First streets, Lewis street, West Third street and the northerly line of lands of the Central Pacific Railroad Company and the westerly prolongation of the same. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $500, and in case the said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect from and after its approval. (Approved Mar. 2, 1896. Vol. 5, p. 37.) ORDINANCE No. 1736, AN ORDINANCE REGULATING THE MANUFACTURE OF PICKLES IN THE CITY OF OAKLAND. Be it Ordained bv the Council of the City of Oakland, as follows: Section i. No person shall engage in the business, or assist in the business of manufacturing pickles in the City of Oakland, ex- cept in that portion cf the city bounded on the north and east by First, and West First streets, Lewis street. West Third street and the northerly line of the lands of the Central Pacific Railroad Com- pany and the westerly prolongation of the same. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $500, and in case the said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect from and after its approval. (Approved Mar. 2, 1896. Vol. 5, p. .38.) 258 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1802. AN ORDINANCE CONCERNING THE SEPARATION Ob ASHES AND CINDERS FROM SWILL, GARBAGE, FILTH, OFFAL OF ANY KIND, MANURE, RUBBISH OR ANY OFFENSIVE OR ILL-SMELLING MATTER, OR ANY ADMIXTURE OF SWILL, GARBAGE, FILTH, OFFAL OF ANY KIND, OR ANY OFFENSIVE OF ILL- SMELLING MATTER, IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared unlawful for any person, owner, agent or occupant of any house, tenement, building or place of busi- ness, within the City of Oakland, to cause or permit any ashes or cinders that may accumulate on said premises, to be or become mixed with any swill, garbage, filth, offal of any kind, manure, rubbish or any offensive or ill-smelling matter, or any admixture of swill, garb- age, filth, offal of any i tributing or causing to be distributed, at or before the commence- 354 GENERAL MUNICIPAL ORDINANCES ment of such performance or the rendition of such programme, gen- erally, among those present thereat, notices of said ordinance printed or otherwise published on cards, handbills or other devices, or in a conspicuous portion of the programme. Section 3. Any person who shall violate the provisions of Sec- tion 2 of this ordinance shall be guilty of a misdemeanor^ and, upon conviction, shall be punishable by a fine not less than $10 nor more than $25, or by imprisonment in the City Prison at the rate of one day for every two dollars of the line so imposed and remaining unpaid. Section 4. This ordinance shall take "effect immediately. (Approved July 23, 1897. Vol. 5, p. 159.) ORDINANCE No. 1828. AN ORDINANCE TO REGULATE THE HIRING AND USE OF BOATS IN LAKE MERRITT AND THAT PORTION OF THE ESTUARY OF SAN ANTONIO OR OAKLAND HARBOR WITHIN THE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared to be unlawful for any boy or girl under sixteen (16) years of age to hire a boat or other water craft, to be used upon the waters of Lake Merritt and that portion of the estuary of San Antonio or Oakland Harbor within the limits cf the City of Oakland, unless such boy or girl be accompanied by his or her parent or guardian or an adult person. Section 2. It is hereby declared to be unlawful for any person to rent any boat, or other water craft, to any boy or girl under six- teen years of age to be so used, unless accompanied by such parent or guardian or an adult person. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not exceeding twenty ($20.00) dollars; and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until sail fine is satisfied at the rate of one (i) day for every two ($2) dollars of the fine so im- posed. Section 4. This ordinance shall take effgct immediately. (Approved September 28, 1897. Vol. 5, p. 172.) OF THE CITY OF OAKLAND, CAL. 355 ORDINANCE No. 1830. AN ORDINANCE ALTERING THE BOUNDARIES OF THK SECOND WARD OF THE CITY OF OAKLAND BY IN- CLUDING THEREIN CERTAIN TERRITORY AD- JOINING SAID WARD AND HERETOFORE AN- NEXED TO SAID CITY PURSUANT TO AN ACT OF THE LEGISLATURE OF THE STATE OF CALIFORNIA, APPROVED MARCH igth, 1889. Be it Ordained by the Council of the City of Oakland, as follows: Whereas, On the 24th day of June, 1897, upon due proceedings had and taken in accordance with, and pursuant to, an Act of the Legislature of the State of California, entitled, "An Act to Provide for the Alteration of the Boundaries of, and for the Annexation ot Territory to, Incorporated Towns and Cities, and for the Incorpora- tion of Such Annexed Territory in and as a Part of Such Municipal- ities, and for the Districting, Government and Municipal Control of Annexed Territory," approved March iQth, 1889, the boundaries of the City of Oakland were altered, by annexing thereto, incorporating and including therein, and making a part thereof, that certain territory described as follows, to-wit: Beginning at a point on the northern boundary line of the City of Oakland 150 feet distant easterly from the easterly line of San Pablo avenue, and measured at a right angle thereto, said beginning point being also the southeast corner of the Town of Emeryville, and running thence in a northerly direction along the easterly boundary line of the Town of Emeryville to the center line of Temescal creo<: thence in a westerly direction following the center line of the bed of Temescal creek being also the boundary line of the Town of Emery- ville in said creek to a point 730 feet distant westerly from the westerly line of San Pablo avenue measured at a right angle thereto; thence along the easterly line of the said Town of Emeryville in a northerly direction, running parallel with and 730 feet distant westerly from said line of San Pablo avenue to the southern boundary line of the Town of Berkeley; thence easterly following the boundary line of the Town of Berkeley to a point on said boundary line of the Town ot Berkeley 125 feet distant westerly from the westerly line of College avenue also known as College way and measured at a right angle to said line of College avenue; thence in a southerly direction on a 356 GENERAL, MUNICIPAL ORDINANCES line parallel with and 125 feet distant westerly from said line of Col- lege avenue a distance of 1600 feet; thence at a right angle to said line of College avenue in an easterly direction to and across said Col- lege avenue to a point 275 feet distant easterly from the easterly line of said College avenue and measured at a right angle thereto; thence in a southerly direction along a line parallel with and 275 feet dis- tant easterly from the easterly line of College avenue and its extension and measured at a right angle thereto, to a point on the southerly line of Clifton street, as said street is laid down, delineated and so designated on a map entitled Map of Rock Ridge, etc., filed in the office of the Recorder of Alameda County on August 4th, 1879; thence in an easterly direction along said line of Clifton street to the westerly line of McAdam street, as delineated and so designated on aforesaid Map of Rock Ridge; thence in a direct line due south to the line dividing plots Nos. 13 and 15. as said plots are delineated and so des- ignated on a map entitled Map of the Rancho of Vicente and Do- mingo Peralta, etc., filed in the office of the Recorder of Alameda County on January 2ist, 1857, said plot line is the western boundary line of the St. Mary's Cemetery; thence along said plot line in a southwesterly direction to the most western corner of said plot No. 15; thence in a southeasterly direction following the line dividing plots Nos. 14 and 15 as shown on map of aforesaid ranches (the last named plot line being the southwesterly boundary of the St. Mary's and Mountain View Cemeteries) to the westerly line of Piedmont Sani- tary District; thence following the boundary line of Piedmont Sani- tary District in a southerly and then in a southeasterly direction to its intersection with the said northern boundary line of the City of Oak land, and thence in a westerly direction along the said boundary line of the City of Oakland to the place of beginning. And whereas, on the said 24th day of June, 1897, the said territory became, ever since has been, and is now, a part of the City of Oak- land, And whereas, it is provided in the said Act approved March iQth, 1889, as aforesaid, that the Legislative body of any incorporated city, to which territory shall have been annexed pursuant to said Act, may ' by ordinance so alter the boundaries of the wards of such municipal corporation as to include such annexed territory in one or more wards adjoining such annexed territory. And whereas, the said territory so annexed to the City of Oak- land, as aforesaid, adjoins the Second ward of said city, and does not adjoin any other ward thereof. It is therefore hereby ordained as follows: Section i. The boundaries of the Second Ward of the City of Oakland are hereby altered, by including in said ward and annexing thereto the said territory hereinbefore described. OF THE CITY OF OAKLAND, CAL. 357 Section 2. The boundaries of the said Second Ward shall be as follows: Beginning at a point where the line dividing Oakland and Brook- lyn Townships intersects the present charter line of the City of Oak- land and running thence in a southwesterly direction along said line dividing Oakland and Brooklyn Townships to its intersection with the old charter line of the City of Oakland in the northeast arm of Lake Merritt; thence westerly along said old charter line to a point in the center of the northwest arm of Lake Merritt; thence in a northwesterly direction along the center line of said northwest arm of Lake Merritt to its intersection with the center line of Walnut street, also known as Twenty-second (22d) street, extended eastwardly to the center of said northwest arm of Lake Merritt; thence westerly to and along the center line of said Walnut or Twenty-second street to the center line of Telegraph avenue; thence northerly along the center line of Tele- graph avenue to the center line of Charter street, also known as Twenty-second street (22d) ; thence westerly along the center line of said Charter or Twenty-second street to the center line of San Pablo avenue, and thence westerly along the center line of Twenty-second (22d) street and its extension westwardly to a point where it inter- sects the western charter line of the City of Oakland, and thence northerly along said western charter line to a point where it inter- sects the northern charter line of said city, and thence easterly along said northern charter line of said city to a point thereon one hun- dred and fifty (150) feet, distant easterly from the easterly line of San Pablo avenue, and measured at a right angle thereto, said point being also the southeast corner of the Town of Emeryville, and running thence in a northerly direction along the easterly boundary line of the Town of Emeryville to the center line of Temescal creek; thence in a westerly direction following the center line of the bed of Temescal creek being also the boundary line of the Town of Emeryville in said creek to a point 730 feet distant westerly from the westerly line of San Pablo avenue measured at a right angle thereto; thence along the easterly line of paid Town of Emeryville in a northerly direction running parallel with and 730 feet distant westerly from said line of San Pablo avenue to the southern boundary line of the Town of Berkeley; thence easterly following the boundary line of the Town of Berkeley to a point on said boundary line of the Town of Berkeley 125 feet distant westerly from the westerly line of College avenue, also known as College way and measured at a right angle to said line of College avenue; thence in a southerly direction on a line paral- lel with and 125 feet distant westerly from said line of College avenue a distance of 1600 feet; thence at a right angle to said line of College avenue in an easterly direction to and across said College avenue to a point 275 feet distant easterly from the easterly line of said College avenue and measured at a right angle thereto; thence in a southerly 358 GENERAL MUNICIPAL ORDINANCES direction along a line parallel with and 275 feet distant easterly from the easterly line of College avenue and its extension and measured at a right angle thereto to a point on the southerly line of Clifton street, as said street is laid down, delineated and so designated on a map entitled Map of Rock Ridge, etc., filed in the office of the Re- corder of Alameda County on August 4th, 1879; thence in an easterly direction along said line of Clifton street to the westerly line of Mc- Adam street, as delineated and so designated on aforesaid Map of Rock Ridge; thence in a direct line due south to the line dividing plots Nos. 13 and 15, as said plots are delineated and so designated on a map entitled Map of the Rancho of Vicente and Domingo Peralta, etc , filed in the office of the Recorder of Alameda County on January 2ist, 1857, said plot line is the western boundary line of the St. Marys Cemetery; thence along said plot line in a southwesterly direction to the most western corner of said plot No. 15; thence in a southeasterly direction following the line dividing plots Nos. 14 and 15 as shown on map of aforesaid ranches (the last named plot line being the south- westerly boundary of the St. Mary's and Mountain View Cemeteries) to the westerly line of Piedmont Sanitary District; thence following the boundary line of Piedmont Sanitary District in a southerly and then in a southeasterly direction to its intersection with the said north- ern boundary line of the City of Oakland, and thence easterly alonj? the said northern boundary line of the City of Oakland to the place of beginning. Section 3. All ordinances and parts of ordinances, resolutions or parts of resolutions in so far as the same are in conflict with the pro- visions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately upon its passage and approval. (Approved Sept. 28, 1897. Vol. 5, p. 176.) OF THE CITY OF OAKLAND, CAL. 359 CHAPTER XIII. INDEXES TO SIDEWALK, GRADE, FRANCHISE AND OTHER ORDINANCES. I GRADE ORDINANCES. STREET OR AVENUB. VOL. PAGE. Generally, within old city limits i 387 Generally, amendment 2 490 East Oakland, generally 2 756 (See also Town of Brooklyn Ordinance Book, pp. 39 and 135.) Note For amendments as to particular streets and por- tions thereof, see ordinances indexed below. NUMBERED STREETS. First street 3 27 Thirteenth street 5 222 Fifteenth street . . . -j 3 545 '3 618 Seventeenth street 4 629 Nineteenth street .* 4 252 Twenty-second or Walnut street 3 382 Twenty-third or Locust street 3 511 f3 367 Twenty-fourth or Elm street . I 3 402 [3 474 Thirtieth street 5 243 Thirty-first street 3 553 Thirty-second street 3 550 Thirty-third street.. U - 505 Thirty-fourth street 5 204 360 GENERAL MUNICIPAL ORDINANCES STREET OR AVENUE. VOL. PAGE. Thirty-fifth or Walton street 3 668 Thirty-sixth street 5 259 Thirty-seventh street 5 259 Thirty-eighth street 5 259 NUMBERED STREETS EAST. East Eighth street 5 19 East Ninth street 3 561 East Tenth street 3 561 East Eighteenth street 5 166 East Eleventh street 3 561 East Twelfth street ... . j 3 6l9 <4 639 East Fourteenth street 3 470 East Fifteenth street ... . / 3 643 14 687 [3 553 East Sixteenth street ^'3 617 {3 720 f3 264 I 4 483 East Seventeenth street 4 , g 553 East Eighteenth street. . 15 279 f3 31 I * . . . AST, East Nineteenth street -} I o ' * * * ' OOo 15 245 T3......258 17 ;<:7 4 7IS 15 17 East Twenty-first street 3 6 23 5 102 5 118 Is 117 f3 334 I 3 528 East Twenty-second street -j ? [4 343 [4 5 East Twenty-third street -j 4 182 OF THE CITY OF OAKLAND, CAL. 361 STREET OR AVENUE. VOL. PAGE. 3 460 East Twenty-fourth street v) 60 East Twenty-fifth street .4 5 East Twenty-sixth street 4 5 East Twenty-seventh street -M 5 1.4 .... 691 r* 765 | 4 327 East Twenty -eighth street (or Silver avenue) -! 4 700 |5 19 15 109 East Thirtieth (or Edward street) 3 650 NUMBERED AVENUES. Second avenue 4 267 Third avenue 5 289 Fourth avenue. fi ' (5 145 Eighth avenue 3 258 Ninth avenue 3 670 Tenth avenue J 4 35 (5 "8 Eleventh avenue 3 282 Twelfth avenue { 3 ' 1 4 667 Twelfth avenue 5 266 Thirteenth avenue \ ' \3 455 ,3 470 Fourteenth avenue . 4 565 3 470 Sixteenth avenue 3 ...... 496 Nineteenth avenue ) 2 , 1 3 264 Twentieth avenue 3 26 4 3 264 Twenty-first avenue 4 J 5i 4 690 Twenty-second avenue 5 61 Twenty-third avenue 3 252 f3 553 13 561 Twenty-fourth avenue ) 6 15.. . . 268 362 GENERAL MUNICIPAL ORDINANCES STREET OR AVENUE. VOI,. PAGE. Twenty-fifth avenue 3 561 Twenty-sixth avenue 3 561 Twenty -seventh avenue 3 561 Twenty-eighth avenue 3 561 NAMED STREETS. Academy Place 5 no Adams street. . , 5 198 Adeline street 3 483 Andover street 3 458 Avon Place 4 329 " B " street 3 662 Boulevard, portion of 4 254 Bay Place.. ..{ 4 38s U 679 Broadway street . . 4* 33 1 1-5 267 Brush street 3 27 Cameron street 3 616 Castro street 3 27 Center street 3 429 Clay street 3 27 Chestnut street 3 476 Chetwood street 3 755 College avenue 5. .110.288 Commerce street (so-called) 3 470 Crescent street 5 206 Dennison street 3 .561 Edward or East Thirtieth street 3 650 Edwards street 3 458 Elliot street 5 8 [3 367 3 402 Elm or Twenty-fourth street 1 I 3 474 [4 149 Ettie street 3 429 Fallon street 5 126 Filbert street 3 578 Franklin street. . ( 3 350 Frederick street 3 561 Goss street 4 486 Grant street 4 n Grove street 3 27 Hamilton place 4 469 OF THE CITY OF OAKLAND, CAL. 363 STREET OR AVENUE. VOL. PAGE Hannah street , . Harrison street c 2 _, Harlan street. . . 3 429 Haven street Helleu street. . j 4 2 9 Hobart street ' 2 2 . Hollis street 3 . . ' . ' 429 Hopkins street , Howard street Jefferson street 2 _ Kennedy street -61 King street .3 ..... .561 Lee street J4 423 Lincoln street Linden street ......3... ...49* Livingston street ,$1 Locust or Twenty-third street . .511 Louise street ..3.. 420 Market street.. 5 ..2-9 Morrison place c 2I Oak street (Lake View Tract) 4. . , 4 g 7 Orange street 3 4?o Orchard street .J3 615 '4 516 Perkins street 5 Il6 f3 367 3 402 Perry street 3 735 4 43 4 523 Pme street 4 3?8 Shellmound street -j. 5 6i Sherman street 7 g Spruce street , 4 37 g Summer street 5 ..224 Summit street 3 495 Union street (confluence Fourteenth avenue) .J3 472 IS 244 Valdez street ^ 5II Valdez street (East Oakland) 3 561 Vallecito Place 5 ro9 Vernon street 3 7 ig 364 GENERAL MUNICIPAL ORDINANCES STREET OR AVENUE. VOI,. PAGE. Vernon street.. (4 424 Walnut or Twenty-second street 3 382 Walton or Thirty-fifth street 3 668 Washington street 3 27 Waverly street 3 511 Webster street 3 70 Webster street 3 331 Willow street 3 551 Winter street 5 1 6 NAMED AVENUES. Athol avenue \^ <4 331 Bella Vista avenue 5 180 (3 379 Central avenue } *-4 55 Clinton avenue. . ! '^ 1-5 12 Chicago avenue , 4 510 College avenue 5 no Fairmount avenue . . <5 8 Hanover avenue 4 155 Lincoln avenue 4 374 Lester avenue 4 348 Lake Shore avenue 4 254 Monte Vista avenue 5 289 Moss avenue 3 755 Newton avenue 4 155 Oakland avenue .. . -^ ^ ' '3 755 Plymouth avenue 4 269 Peralta avenue 4 169 Pleasant Valley avenue 5 183 Prospect avenue . . ( 2 M 3/2 Railroad avenue . /4 251 Santa Clara avenue 5 i8r Silver avenue (East Twenty-eighth street) .2 765 Telegraph avenue 3 552 Walsworth avenue. . . . \ 4 ' ' <5 289 Watson avenue 4 346 OF THE CITY OF OAKLAND, CAL. 365 STREET OR AVENUE. VOL. PAGE. Wayne avenue 4 328 Webster avenue 3 488 ALLEYS. Between Twenty-second and Twenty-third avenues, north of East Seventeenth street 4 151 Betweeu Twenty-second and Twenty-third avenues, East Fourteenth to East Seventeenth street 4 151 Between East Seventeenth and East Nineteenth streets, south of Twenty-second avenue 4 151 Between East Nineteenth and East Twentieth streets, Twen- ty-first to Twenty-second avenue. 4 151 Between East Twelfth and East Fourteenth streets and Seventeenth and Eighteenth avenues 5 233 II. ORDINANCES FIXING WIDTH OF SIDEWALKS. STREET OR AVENUE. WIDTH. VOL. PAGE. General Ordinance Old City Limits i 395 General Ordinance East Oakland, portion of (see Town of Brooklyn Ordinance, Book, pp. 152 and 164). [NOTE For other streets and also changes as to various streets, see ordinances indexed below. First street, Broadway to Market 12 3 639 First street, Broadway to Alice 12 ....3 509 Second street, Broadway to Market 14 3 732 Seventh street, generally 10 i 395 Seventh street, Wood to Pine, north side 15 3 353 Seventh street, Wood to Pine, south side 10 2 300 Seventh street, west of Pine, north side 15 3 494 Seventh street, west of Pine, south side 10 . . . . 2 203 Twelfth street, Broadway to Fallon 14 I 518 Twelfth street, east of Fallon 14 3 473 (With certain exceptions.) Twelfth street, Broadway to Market 14 2 28 Twelfth street, Kirkham to Adeline 14 3 669 Fourteenth street, Market to Peralta .... 14 3 543 Sixteenth street, west of Peralta 10 . . . 3 642 Twentieth street, Webster to Telegraph 10 3 541 366 GENERAL MUNICAPAL ORDINANCES STREET OR AVENUE. WIDTH. VOL. PAGE. Twentieth street, Grove to Castro 12 4 81 Twenty-fourth street, east of Webster 10 3 519 Thirty-third street, east of G r ove 12 3 351 Thirty-fourth street, Academy place to Broadway. . . . 10 5 204 Thirty-fifth street, Market to Grove . 12 3 401 Thirty-fifth street, Market to San Pablo 12 3 489 NUMBERED STREETS EAST. East Eighth street ! 12 2 346 East Ninth street , 12 2 346 East Ninth street, east of Park avenue 12 3 561 East Tenth street 12 2 346 East Tenth street, east of Park avenue 12 . .3 561 East Eleventh street 12 2 346 East Eleventh street, east of Park avenue 12 3 561 East Twelfth street 14 3 473 East Fourteenth street, northeast of Thirteenth avenue 14 3 607 East Fourteenth street, Twelfth to Thirteenth ave- nue 14 4 326 East Fifteenth street, northwest of Commerce 12 2 .... 346 East Sixteenth street, northwest of Commerce 12 2 346 Eat Sixteenth street, Fifteenth to Twenty-third (14 3 566 avenue / 10 3 566 East Sixteenth street, east of Twenty-third avenue. .14 3 617 East Seventeenth street, northwest of Commerce ....12 2 346 East Eighteenth street, northwest of Commerce 12 2 346 East Nineteenth street, northwest of Commerce 12 2 346 East Twentieth street, northwest of Commerce 12 2 346 East Twenty-first street, northwest of Commerce. ... 12 2 346 East Twenty-first street, Twenty-third to Twenty- fifth avenue 10 4 455 East Twenty-first street, Sixteenth to Twenty-third avenue 18 5 136 East Twenty-second street, northwest of Commerce.. 12 2 346 East Twenty-third street, northwest of Commerce ... 12 2 346 East Twenty- fourth street, northwest of Commerce.. 12 2 346 NUMBERED AVENUES. First avenue 12 2 346 Second avenue 12 2 346 Third avenue 12 2 346 OF THE CITY OF OAKLAND, CAL. 36? STREET OR AVENUE. WIDTH. VOL. PAGE. Fourth avenue, East Eighteenth to Hopkins street. . . 10. . . . . .4 265 Fifth avenue, East Twelfth to East Eighteenth street. 10^ 4 7 1 Sixth avenue, East Ninth to East Eleventh street. . . .12 2 419 Eighth avenue 12 2 346 Tenth avenue 12 2 346 Eleventh avenue 12 2 346 Twelfth avenue 12 2 346 Thirteenth avenue, generally 12 2 346 Thirteenth avenue, East Eleventh to East Twelfth street n 3 754 Fourteenth avenue, portion 12 4 565 Twenty-first avenue, East Twelfth to East Twenty- first street 14 3 637 Twenty-third avenue 12 3 259 Twenty-fonrth avenue 12 3 561 Twenty-fifth avenue 12 3 561 Twenty-sixth aveuue 12 3 . . 561 Twenty-seventh avenue 12 3 561 NAMED STREETS. Albion street 12 3 274 Adeline street, north of Twenty-second 14 3 486 Bay place, Webster street to Oakland avenue 9 ... .4 485 Bay place, Twenty-fourth street to Lee loo-acre tract. 12 4 679 Broadway street 20 1 395 Cameron street 12 3 616 Cedar street 10 5 85 Clay street 14 3 59 Delger street, Webster to Telegraph 10 3 541 Dennison street 14 3 5 6r Edwards street 12 3 456 Elm street, east of Webster 10 3 519 Filbert street Twenty-first to San Pablo 12 3 . . . 578 Franklin street, south of Seventh 14 3 4ao Frederick street (East Oakland) 14 3 5$i Grove street, north of San Pablo 12 3 214 Howard street 12 4 388 Kennedy street 14 3 56i Kennedy street 10 3 561 King street U 3-- 56i Oak street (in Lake View Tract) 12 4 239 Perry street, Oakland avenue to Lake avenue 12-14 4 161 Shellmound street.. 14 3 S^r 368 GENERAL MUNICIPAL ORDINANCES STREET OR AVENUE. WIDTH. VOI,. PAGE. Summit street 12 2 683 Sycamore street 12 2 189 Valdez street (East Oakland) . . . \ l4 3 s61 (12 2 262 Washington street First to Seventh 14 3 591 Webster street, south of Fourteenth 12 2 57 NAMED AVENUES. Central avenue (see Twelfth and East Twelfth streets.) Fairmount avenue ...7^,10, 12 .. ..3 634 Mathews ave. , E. Eighteenth to Hopkins st 10 4 , 265 Oakland aveuue, portions of 8, 12 4 150 Park avenue, south of East Twelfth street 12 3 256 Plymouth avenue.... . / 3<> 2 ^ 2O 1 10-30 4 269 Prospect avenue 12 2 683 Railroad avenue (See Seventh street) Railroad avenue, near Park avenue 10 3 561 San Pablo avenue 18 3 223 Walsworth ave., southerly from Flint Tract 8-14 4 567 Webster ave., northerly from Broadway 7 4 341 STREETS NOT NAMED ABOVE. 55 to 75 feet wide 14 r 395 75 to 80 feet wide 18 i 395 OF THE CITY OF OAKLAND, CAL. 369 III. ORDINANCES ACCEPTING STREETS. STREETS ACCEPTED. Adeline, northerly from point north c Twenty-second Albion street ORDINANCE APPROVED. 322 1889. J an - J 6 ...... Oakland Railroad Company, horse or cable ...... 3 ...... 326 J an - 30 ...... Broadway, Berkeley and Piedmont Railroad Company, cable .......................... 3 ..... , 27 July 3i ...... Piedmont Cable Company, cable ................ 3 ____ ' .363 Oct. 30 ...... M. H. Grossmayer et als, cable ................. 3 ...... 39O No*- 28 ...... Oakland and Berkeley Rapid Transit Com- pany, electricity ......................... 3 ...... 393 1890. Mar - I ...... Brooklyn and Fruitvale Railroad Company, horses 42I ...... Sept. 15 ...... John W. Coleman et als, electricity ........... 3 ..... 5O , 376 GENERAL MUNICIPAL ORDINANCES DATE. TO WHOM GRANTED. VOL. PAGE. 1891. Mar. 5 M. H. Grossmayer et als, amendment 3 575 Mar. 18 Horry W. Meek et als. electricity, etc 3 580 April 17 E. P. Vandercook et als, electricity, cable or motor 3 600 May 22 H. G. Blasdel, cable, electricity, horses or motor , . . 3 610 1892. Jan. 27 Oakland Railroad Company, amendment 4 78 Jan. 28 E. P. Vandercook et als, amendment 4 80 Mar. 23 Consolidated Piedmont Cable Company, suc- cessors, &c., amendment 4 157 June 6 Consolidated Piedmont Cable Company, suc- cessors, amendment. 4 214 June 28 E. A. Heron et als 4 229 July 27 Oakland, San Leandro and Haywards Electric Railway 4 241 1892. Aug. 26 East Oakland Street Railroad Co 4 256 Aug. 26 Theodore Meetz, amendment 4 270 Sept. 2 Ala., Oakland and Piedmont Railroad Co., amendment 4 273 Sept. 30 G. W. McNear et als 4 280 Oct. 24 Consolidated Piedmont Cable Co 4. 303 Oct. 24 Oakland and Berkeley Rapid Transit Co 4 307 Dec. 16 Oakland Railroad Co., amendment. 4 334 1893- Jan. 17 Highland Park and Fruitvale Railroad 4 354 Feb. 21 Horry W. Meek et als 4 364 Feb. 21 Egbert B. Stone, temporary track 4 368 Mar. 6 Ala., Oakland and Piedmont Electric Railway Company 4 383 Mar. 20 Highland Park and Fruitvale Railroad, amend- ment 4 397 Mar. 21 Highland Park and Fruitvale Railroad 4 400 Mar. 21 Welles Whitmore et al 4 404 Declared forfeited 5 203 Mar. 23 East Oakland Street Railroad Co 4 408 May 8 Central Avenue Railway Co 4 418 1894. Sept. 29 Highland Park and Fruitvale Railroad, exten- sion 4 608 Oct. 23 H. W. Meek, W. E. Meek, et als 4 621 1898. Sept. 23 Oakland Railroad Co. to use Electricity on San Pablo line 5 317 OF THE CITY OF OAKLAND, CAL. 377 DATE. TO WHOM GRANTED. VOL. PAGE. 1895. Feb. 15 ...... Fourteenth Street Railroad Co., abaadonment and forfeiture ............................... 4. . .651 Feb. 23 ..... Fourteenth Street Railroad Co., abandonment and forfeiture ...... ......................... 4. 563 1897. Nov. 13 ...... Whitmore, Alsip et al., abandonment and for- I9 . May 19 ...... Oakland Consolidated Street Railway Co ...... 5 ...... 277 June ii ...... Oakland Consolidated Street Railway Co ...... 5 ...... 283 June ii ...... Alameda, Oakland and Piedmont Electric Rail- way Co ....................................... 5 ...... 284 II. FOR STEAM CARS. 1861. Nov. 20 ...... San Francisco and Oakland Railroad Com- I8 68. Aug. 24 . ..... Western Pacific Railroad Company ........... I ...... 327 1871. July 3 ..... J. S. Emery et als., steam or horses ............ i ____ 474 1873- April 21 ...... Central Pacific Railroad Company ............ 2 ..... 254 1876. Feb. 12 ...... Northern Railway Company .................. 2 ...... 446 May 27 ...... John A. Hobart et als., side track .............. 2 ..... .471 1879- Feb. 24 ...... A. C. Dietzetals ............................. 2 ...... 691 1879- Mar. 3 ...... A. C. Dietz et als. (amendment) ............... 2 ...... 698 1880. Mar. 6 ...... Alfred E. Davis et als ........................ 3 . ... i 1882. Feb. 25 ...... S. H. Melvin ................................. 3 ...... 83 April 8 ..... California and Nevada Railroad Company ..... 3 . . 88 1884. Mar. 24 ...... Northern Railway Company .................. 3 ____ . .135 1886. July 6 ...... Oakland Township Railroad Company ......... 3 ...... 201 1896. May 22 ...... Northern Railway Co., change tracks on Cedar street ............ . ......................... 5 ...... 67 1898. April 6 ...... South Pacific Coast Railway Co ................. 5 ...... 25 378 GENERAL MUNICIPAL ORDINANCES III. MISCELLANEOUS. 1892. WHAT FOR. VOI,. PAGE. Feb. 7 B. F. Mann et als Gasworks i 151 1865. Dec. 9 William W. Biggs et als . . Gas works 1 222 1866. July 22 Wm. W. Biggs et als. (ex- tending time) Gas works i 231 July 22 . .. .Contra Costa Water Co. . .Water works i 232 1867. Nov. i San Francisco and Oak- land R. R. Co. (Re- pealed, Vol. I, p. 304) . . .Wharf i 277 1869. June 21 Oak'd and Encinal Turn- pike and Ferry Co Ferry i 367 1870. Mar. 24 S. F. and Oakl'd R. R. and W. P. R. R. Co ...Bridge i 405 1871. Mar. 30 Chas. Webb Howard et als. (Home Gas Light Co.). .Gas works i 462 May 15 Philip Caduc et als Gas works i 466 1872. Feb. 17 Lake Tahoe and S. F. Water Works Co Water works i 536 Mar. 29 Home Gas Light Co. (ex- tending time) Gas works 2 15 1872. June 27 Contra Costa Water Co.. .Water hydrants 2 63 Dec. 26 Home Gas Light Co., ex- tending time Gas works 2 220 1873- June 9 Home Gas Light Company extending time Gas works 2 288 1876. June 23 Am. District Telg'ph Co. .Telegraph line 2 474 1877. Oct. 19. . ..Oakland and Alameda Water Co Water works 2 576 OF THE CITY OF OAKLAND, CAL. 379 WHAT FOR VOL. PAGE. 1879. Mar. 24 West Evans et als Electric light 2 700 1881. Nov. 15 California Electric Light Co " Electric light 3 65 Nov. 21 David Rich et als . . Electric light 3 68 1888. Feb. 9 J. G. Divoll et als Water works 4 92 Apr. 20 A. Chabot Observatory 3 101 Aug. 20 Oakland Gas Light and Heat Co Electric wires 3 150 Aug. 21 Eli S. Denuisonet als Electric lights, etc. .3 152 Oct. 24 Central Pacific R. R. Co. . . .R. R. sig. system. .3 153 1885. Feb. 17 Central Pacific R. R. Co., (amendment) R. R. sig. system ... 3 156 1886. Dec. 10 Pacific Postal Tel. Cable Co Telegraph 3 224 1887. Mar. 1 6 Pacific Coast Electrical Con. Co Electric lights, etc . .3 237 July 8 N. W. Spalding et als Steam pipes, etc 3 204 Dec. 6 Oakland Electric Light and Motor Co Electric lights 3 265 1890. May 29 Oakland Electric Light and Motor Co., (amendment). Electric lights 3 460 1892. May 26 Sunset Telephone & Tele- graph Co Electric wires, etc. .4 206 1896. Oct. 29 L. Schaffer et al Garbage 5 96 VII. ORDINANCES RELATING TO ANNEXATION OF TERRITORY. DATE OF APPROVAL. TITLE. VOL. PAGE. Apr. 4, 1872 An ordinance to approve the annexation of certain territory to the City of Oakland.. ..2 16 380 GENERAL MUNICIPAL ORDINANCES DATE OF APPROVAL. TITLK. VOL. PAGE. Nov. 4, 1872 An ordinance approving the annexation of certain territory to the City of Oak- land, &c 2 201 Sept. 18, 1888 An ordinance providing for a special election to determine whether the boundaries of the City of Oakland shall be altered and new territory included therein 3 305 June 1,1891 An ordinance providing for a special election to determine whether the boundaries of the City of Oaklahd shall be altered and new territory be an- nexed to and made a part of said city.. . .3 625 May n, 1897 Same 5 131 Sept. 28, 1897 Same Annexed to 2nd Ward 5 176 [Note. A brief description of the original boundaries of the city will be found in the original charter. Stats. 1852, page 180. The boundaries on the North and East were, approximately : Twency-sec- ond street, as existing between San Pablo avenue and Market street, the prolongation thereof East and West, Lake Merritt and the Northern arm of San Antonio creek. The first annexation, (of April 4, 1872,) in- creased the limits to Thirty-sixth street on the north, and to Cemetery creek on the east, the second including East Oakland easterly to the present limits and northerly to Indian gulch and Milbury street, and the third annexation proceedings were ineffectual. See note preceding Section 5 of Charter, post.] VIII. ORDINANCES RELATING TO THE WATER FRONT. DATE OK APPROVAL. TITLB. VOL. PAGE. May 1 8, 1852 An ordinance for the disposal of the Water Front belonging to the Town of Oakland, Repealed, Vol. 2, p. 777 Dec. 30, 1852 An ordinance to approve the wharf at the foot of Main street, and to ex- tend the time for constructing the other wharves. [Repealed, Vol. 2, P- 777-] Aug. 27, 1853 An ordinance concerning wharves and the Water Front. [Repealed, Vol. 2, P- 777-] OF THE CITY OF OAKLAND, CAL. 381 DATE OF APPROVAL. TITI.K. VOL. PAGE. Aug. 5, 1854 Ordinance (No. 34) to provide for the construction and maintenance of a wharf in the City of Oakland. [Re- pealed, see below. ] i 38 Dec. u, 1854 Ordinance (No. 64) to repeal an ordi- nance to provide for the construction and maintenance of a wharf in the City of Oakland 1 55 Jan. 13, 1855 Ordinance (No. 65) authorizing the en- try of judgment on condition in the case of J. B. Watson vs. the City of Oakland 1 66 June 6, 1855 An ordinance repealing an ordinance entitled "An Ordinance Concerning Wharves" 1 73 Sept. 4, 1867 An ordinance providing for a suit to settle the title of the city to the Water Front, and the employment of counsel therein 1 270 Nov. 12, 1867 An ordinance granting to the San Fran- cisco and Oakland Railroad Company the use of a portion of the Water Front for the erection of a Marine Railway and Wharf. [Repealed, Vol. i, P- 304-] i 277 April i, 1868 An ordinance for the settlement of con- troversies and disputes concerning the Water Front of the City of Oakland, the franchises thereof and other mat- ters relating thereto. [Amended, Vol. i, p. 301. Repealed, Vol. 2, p. 768.] i. ... . . .298 April 2, 1868 An ordinance to amend an ordinance entitled "An Ordinance for the Settle- ment of Controversies and Disputes Concerning the Water Front of the City of Oakland, the Franchises Thereof, and Other Matters Relating Thereto," passed and approved April i, 1868. [Repealed, Vol. 2, p. 768.] i 301 April 2, 1868 An ordinance finally settling, adjusting and compromising the question of the Water Front. [Repealed, Vol. 2. p. 768.].. i 302 382 GENERAL MUNICIPAL ORDINANCES DATE OF APPROVAL. TITLE. VOL. PAGE. April 6, 1868 An ordinance repealing an ordinance granting certain lands on the Water Front i 304 Sept. 20, 1871 An ordinance to provide for the settle- ment of certain litigation therein men- tioned i 516 Aug. 21, 1879 An ordinance releasing to the United States certain portions of the Water Front of the City of Oakland 2 750 Dec. 22, 1879 An ordinance to repeal certain ordi- nances of the City of Oakland 2 768 Feb. 4,1880 An ordinance repealing certain ordi- nances passed by the Board of Trustees of the Town of Oakland 2 777 Jan. 12,1882 An ordinance to prevent further litiga- tion concerning the Oakland Water Front 3 75 Aug. 19, 1893 An ordinance providing for the employ- ment and payment of Messrs. Davis & Hill, etc 4 .... 463 Aug. 19, 1893 An ordinance to employ associate coun- sel, etc ..4 466 Dec. 23, 1893 An ordinance providing for the employ- ment and payment of associate coun- sel, etc 4 518 Dec. 23, 1893 An ordinance providing for the employ- ment and payment of Davis & Hill, etc.. .4 520 Oct. 2, 1894 An ordinance providing for the pay- ment of Davis & Hill, etc 4 606 Oct. 3, 1894 An ordinance appropriating money for expense of printing record, etc 4 612 Oct. 9,1894 An ordinance providing for payment of the balance due Messrs. Pringle and Powell, etc 4 614 May 19, 1898 Payment to Water Front Company costs of Appeal 5 272 OF THE CITY OF OAKLAND, CAL. 383 IX. BOULEVARD, PARK AND SCHOOL BOND ORDI- NANCES. APPROVED. SUBJECT. VOL. PAGB. 1890. Aug. 25 Determining lands for Boulevard 3 497 Sept. i Determining land for Water Park 3 500 Oct. 30 Determining lands for West Oakland Park. 3 521 Dec. 2 Accepting deed from Edson F. Adams etals 3 537 Dec. 4 Accepting deed from Alameda County Land Co 3 539 Dec. 4 Accepting deed from Edson F. Adams etals 3 539 Dec. 4 Accepting deed from Edson F. Adams etals 3 540 1891. June 3 Authorizing expenditure of $19,000 on Boulevard 3 638 Aug. i School sites and Buildings 3 657 Aug. 29 Determining lands for West Oakland Park 3 666 Sept. 23 Necessity for School buildings ar.d im- provements 3 687 Sept. 23 Plans and estimates for Boulevard and West Oakland Park 3 688 Sept. 23 Necessity for West Oakland Park, Boulevard and Water Park 3 690 1892. Jan. 4 Calling election for Park and Boulevard Bonds 4 16 Jan. 4 Calling election for School bonds 4 46 384 GENERAL MUNICIPAL ORDINANCES APPROVED. SUPJ3CT. VOI,. PAGE. 1892. Feb. 20 Prescribing notice for Park and Boule- vard Bond Election 4 84 Feb. 4 Prescribing notice for School Bond Election 4 116 Apr. 22 Declaring result of School Bond Elec- tion 4 172 June 24 Providing for issuance of School Bonds. . . 4 220 Aug. 22 Authorizing expenditure of $100,000 on Boulevard [repealed] 4 249 May i Repealing ordinance of Aug. 22, last above 4 417 1893- June 13 ... Compromising Boulevard claim of E. B. Stone 4 423 1894. Mar. 12 Appropriating $2500 for improvement Lake Shore avenue 4 542 1895- Sept. 24 Regulating use of Boulevard 5 718 1896. Jan. 24 Protecting Parks 5 23 1896. Oct. 22 Authorizing Purchase of Laud for Park . . 5 95 1897. Feb. 18 Authorizing filling in of Park Land 5 114 Oct. 20 Same 5 186 July 15 Authorizing Bond Issue $140,000 5 155 1898. April 9 Adams' Point Property designated to be acquired for Park 5 259 Sept. 23 Park Bond Election, $320,000 Bonds 5 35 OF THE CITY OF OAKLAND, CAL. 385 APPKNDIX. [Note. The following general ordinances have been passed br the Council and approved by the Mayor since the foregoing pages went to print:] ORDINANCE No. 1923. AN ORDINANCE REGULATING THE GRANTING OF PER- MISSIONS BY THE CITY COUNCIL TO DO STREET WORK BY PRIVATE CONTRACT. Be it Ordained by the Council of the City of Oakland, as follows: Section i. No permission to perform street work by private contract shall be granted, or if granted shall be valid, unless the per- son applying for such permission shall have (1) Filed with the City Clerk plans and specifications for the work, prepared by the City Engineer, and with the signature of said Engineer endorsed thereon. (2) Filed with the Superintendent of Streets a true copy of the contract. (3) Filed with the City Clerk an affidavit to the effect that he has not entered into any private agreement, verbal or written, with any person interested in said contract, or with any one on behalf of such person, to accept a price from him less than the price named in said contract, or to make any rebate or deduction to him from such price. Section 2. All street work done by private contract shall be in accordance with said plans and specifications, shall be to the line and grade as established by the City Engineer, and shall be to the satis- faction of the Superintendent of Streets. 386 GENERAL MUNICIPAL ORDINANCES The City Engineer shall receive for the services performed by him in connection with private contracts, granted pursuant to the terms of this ordinance, the same fees as are now allowed by or- dinance for engineer work in connection with public contracts. Section 3. Any person who shall file a false affidavit under Sec- tion i of this ordinance, or who shall violate, or attempt to violate, any provision of this ordinance, shall be denied the privilege of there- after doing any kind of street work, within the City of Oakland. Section 4. This ordinance shall take effect immediately. (Approved August 27, 1098. Vol. 5, p. 296.) ORDINANCE No. 1928. AN ORDINANCE DECLARING CERTAIN CONDITIONS AND THINGS IN CONNECTION WITH THE CON- STRUCTION AND MAINTENANCE OF STREET RAILROAD TRACKS TO BE PUBLIC NUISANCES; AUTHORIZING THE ABATEMENT OF SUCH NUIS- ANCES, AND PROVIDING A PENALTY FOR EACH DAY'S MAINTENANCE THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. All street car tracks now, or hereafter constructed in or upon any public street within the City of Oakland, upon anv grade other than the official grade of such street is hereby declared to constitute, and shall constitu'.e, a public nuisance. Section 2. All street car tracks now, or hereafter constructed, in or upon any public street within the City of Oakland, which shall not be flush with the street between the rails, and for two feet on each side of such rails, and be.ween the tracks, if there be more than one, is hereby declared to constitute, and shall constitute a public nuisance. Section 3. In all cases where a public street within the City of Oakland, is now, or shall be hereafter, paved with bitumen, asphalt or wooden blocks, that portion of =uch street to be kept in order or repair by any street railroad having a track, or tracks, thereon, shall not be macadamized or re-macadamized, and any macadam thereon OF THE CITY OF OAKLAND, CAL. 387 used as a surface dressing between the rails of such street railroad, or within two feet on each side cf said rails, or between the tracks, if there be more than one, is hereby declared to constitute, and shall constitute a public nuisance. Section 4. The Superintendent of Streets is hereby authorized to abate all public nuisances, declared to be such by the provisions of this ordinance, by removing the same. Section 5. Any person, firm or corporation maintaining any public nuisance, declared to be such by .the provisions of this ordi- nance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100.00) dol- lars, and in case such fine be not paid, shall be imprisoned in the City Prison at the rate of one (i) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 6. Each day's maintenance of any public nuisance de- clared to be such by the provisions of this ordinance, shall be a sep- arate offense and shall be punishable as such. Section 7. All parts of any ordinance in direct conflict with any valid provision of this ordinance is hereby repealed. Section 8. This ordinance shall take effect immediately. (Approver! August 31. 1898. Vol. 5, p. 302 ) ORDINANCE No. 1929. AN ORDINANCE SPECIFYING WHAT KIND OF PAVF- MENT SHALL BE USED IN CERTAIN CASES IN PAV- ING THAT PORTION OF A PUBLIC STREET TO BE KEPT IN ORDER OR REPAIR BY STREET RAIL- ROADS HAVING TRACKS THEREON, AND PROVID- IN A PENALTY FOR A VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section i. In all cases where a public street within the City ot Oakland is now, or shall be hereafter, paved with bitumen. asphait or wooden blocks, that portion of such street to be kept in order or repair by any street railroad having a track, or tracks, thereon, shall be paved with the same pavement as the other portion of the street. 388 GENERAL MUNICIPAL ORDINANCES Section 2. The laying of said pavement upon such portion of such street shall be commenced withing five (5) days after the pas- sage of this ordinance in cases where the remainder in width of such street is paved with such pavement at the said passage; and in all other cases shall be commenced within ten (10) days after the com- pletion and acceptance by the Superintendent of Streets of the pave- ment upon said remainder in width of such street. Section 3. The provisions of this ordinance shall apply to all existing franchises and all franchises hereafter granted, but shall not apply to Broadway or Washington streets, or to Fourteenth street between Broadway and Washington streets. Section 4. Any person, firm or corporation attempting to vio- late any provision of this ordinance, and any person, firm or corpora- tion maintaining any street railroad, or street railroad tracks, in vio- lation of the provisions of this ordinance, shall be guilty of a misde- meanor, and upon conviction thereof shall be punished by a fine not to exceed qne hundred ($100.00) dollars, and in case such fine be not paid, shall be imprisoned in the City Prison at the rate of one (i) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 5. Each day's failure, neglect or refusal to pave such portion of such street with one of said three kinds of pavement as provided in this ordinance shall be a separate offense, and shall be punishable as such. Section 6. All parts of any ordinance in direct conflict with any valid provision of this ordinance is hereby repealed. Section 7. This ordinance shall take effect immediately. (Approved August 31, 1898. Vol. 5, p. 305.) ORDINANCE No. 1930. AN ORDINANCE AMENDING SECTION i OF ORDINANCE NO. 1,673, ENTITLED "AN ORDINANCE REQUIRING RAILROAD COMPANIES TO STATION FLAGMEN AT CERTAIN STREET CROSSINGS IN THE CITY OF OAK- LAND, AND REGULATING THE PASSAGE OF RAILWAY ENGINES OVER AND ACROSS SAID CROSSINGS," APPROVED MARCH 21, 1895. OF THE CITY OF OAKLAND, CAL. 389 Be it Ordained by the Council of the City of Oakland, as follows: Section i. Section i of Ordinance No. 1,673, entitled "An Or- dinance Requiring Railroad Companies to Station Flagmen at Cer- tain Street Crossings in the City of Oakland, and Regulating the Passage of Railway Engines Over and Across Said Crossings," ap- proved March 2ist, 1895, is hereby amended to read as follows: Section i. All persons, firms or corporations owning, operating or controlling any steam railway upon Seventh, First or Webster streets or upon Railroad avenue in the City of Oakland are hereby requested to station flagmen and keep said flagmen so stationed at the following points during the hours of the day or night that said rail- way is in operation, to-wit: Seventh and Jefferson streets, Seventh and West streets, Seventh and Myrtle streets, First and Franklin streets, First and Clay streets, Eighth and Webster streets, also upon Seventh street or Railroad avenue where the railroad tracks crosses said street west of Bay street, First and Washington streets and First and Market streets. Section 2. This ordinance shall take effect immediately. (Approved August 31, 1898. Vol. 5, p 307.) ORDINANCE No. 1931. AN ORDINANCE AMENDING SECTION i OF ORDINANCE NO. 1,554, ENTITLED "AN ORDINANCE REQUIRING RAILROAD COMPANIES TO STATION FLAGMEN AT CERTAIN STREET CROSSINGS, ETC.," AP- PROVED SEPTEMBER 8TH, 1893. Be it Ordained by the Council of the City of Oakland, as- follows: Section i. Section i of Ordinance No. 1,554, entitled "An Or- dinance Requiring Railroad Companies to Station Flagmen at Cer- tain Street Crossings, etc.," approved September 8th, 1893, is hereby amended to read as follows: Section i. All persons, firms or corporations owning, operating or controlling any steam railway upon Seventh, First or Webster streets, or upon Railroad avenue in the City of Oakland are hereby 390 GENERAL MUNICIPAL ORDINANCES required to station flagmen and keep said flagmen so stationed, at the following points during the hours of the day or night that said railway is in operation, to-wit: At the intersection of the main line track with Goss street, said point leing about 60 feet east of Bay street; intersection of Seventh and Market streets, First and Castro streets, Seventh and Washington streets, Seventh and Broadway, Seventh and F r anklin streets, Seventh and Webster streets, First and Webster streets, Water and Webster streets, Thirteenth and Webster streets, First and Broadway streets, Park avenue and Railroad right of way. Section 2. This ordinance shall take effect immediately. (Approved August 31, 1898. Vol. 5, p. 308.) ORDINANCE No. 1932. AN ORDINANCE PROHIBITING THE SALE OF OR OFFER- ING FOR SALE, OR GIVING AWAY CIGARETTES. AND PROHIBITING THE SMOKING OF THE SAME BY MINORS IN THE STREETS AND PUBLIC PLACES OF THE CITY OF OAKLAND, AND REPEALING OR- DINANCE NO. 989, APPROVED AUGUST 23 , 1886. Be it Ordained by the Council of the City of Oakland, as follows: Section i. It is hereby declared unlawful for any person in the City of Oakland to sell, offer for sale, or give away any cigarette or cigarettes. Section 2. No person in the City of Oakland shall permit any cigarette or cigarettes to be sold in any place owned, leased or occu- pied by him. Section 3. It is hereby declared unlawful for any minor to smoke any cigarette or cigarettes in any railway car, street, square, public building or place in the City of Oakland. Section 4. Ordinance No. 989, approved August 23d, 1886, is hereby repealed. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding fifty dollars and in case OF THE CITY OF OAKLAND, CAI<. 39 ! said fine be not paid then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed and remaining unpaid. Section 6. This ordinance shall take effect on and after October ist, 1898. (Approved August 31, 1898. Vol. 5, p. 310.) ORDINANCE No. 1920. AN ORDINANCE AMENDING SECTION TWO OF ORDI- NANCE NO. 1242, CREATING THE OFFICE OF AS- SISTANT SANITARY INSPECTOR OF THE BOARu OF HEALTH AND FIXING THE SALARY THEREOF. APPROVED DECEMBER 8TH, 1890. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Section 2 of Ordinance No. 1242 creating the office of Assistant Sanitary Inspector of the Board of Health and fixing the salary thereof, approved December 8th, 1890, is hereby amended to read as follows: Section 2. There shall be two (2) such Assistant Sanitary Inspectors and the salary of each is hereby fixed at the sum of one hundred ($100.00) dollars per month. Section 2. This ordinance shall take effect and be in force upon its approval. (Approved Aug. 6, 1898. Vol. 5, p. 292.) 39? GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1921. AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 1848, ENTITLED "AN ORDINANCE REGULATING PLUMBING AND SEWERAGE IN BUILDINGS," AP- PROVED NOVEMBER 13, 1897. Be it Ordained by the Council of the City of Oakland, as follows: Section I. Section 3 or Ordinance No. 1848 entitled "An Or- dinance Regulating Plumbing and Sewerage in Buildings," approved November 13th, 1897, is hereby amended to read as follows: Section 3. All connections of soil pipes or waste pipes with ironstone sewer must be made below the surface of the ground. Whenever the San- tlary Inspector is required to inspect any plumbing or sewerage, he shall be given twenty-four (21) hours' notice thereof, and for every unnecessary notice so given, the person giving the same shall forfeit tc the city and pay to the Secretary of the Boaid of Health, for the city, the sum of one ($1.00) dollar. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100.00) dol- lars; and in case such fine be not paid then by imprisonment in the City Prison at the rate of one (i) day for every two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 2. This ordinance shall take effect and be in force from and after its approval. (Approved Aug. 6, 1898. Vol. 5, p. 203.) OF THE CITY OF OAKLAND, CAL. 393 ORDINANCE No. 1938. AN ORDINANCE AMENDING SECTION 6 OF ORDI- NANCE NO. 1422, APPROVED MAY 12, 1892, ENTITLED " AN ORDINANCE DECLARING AND DETERMINING THE GENERAL SPECIFICA- TIONS FOR REPAIRING, IMPROVING AND PAVING THE STREETS, AVENUES, ALLEYS AND HIGHWAYS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section i. Section 6 of Ordinance No. 1,422, entitled "An Ordi- nance Declaring and Determining the General Specifications for Repair- ing, improving and paving the streets, avenues, alleys and highways of the City of Oakland," approved May 12, 1892, is hereby amended to read as follows : Sections. Macadam. Article i. All macadamizing shall be done only with hard rock of igneous character known as hard blue trap rock or hard gray trap rock, or basalt rock, and shall be such rock only as shall come within the requirements of either first class rock or second class rock, the requirements of which classes are as follows, to-wit : 1st class rock shall be rock of igneous character and formation, trap or basalt, of irregular cleavage, and such as shall not lose by ero- sion and fracture, upon testing same in the "rattler," belonging to the City of Oakland for purposes of testing rock, revolving at the rate of not less than 28 revolutions per minute for three hours, more than fif- teen per cent of its original weight. 2nd class rock shall be trap or basalt rock such as shall not lose by erosion and fracture upon testing the same in the said "rattler," revolving at the rate of not less than 28 revolutions per minute for three hours, more than 28 per cent of its original weight. Article 2. All rock submitted or which shall be used in the mac- adamizing of a street shall be of the character and size and of the class as herein designated and as called for by the Resolution of Intention each respectively, and shall be subjected to a test of three hours in said "rattler," revolving at the rate of not less than 28 revolutions per min- ute, by the City Engineer, or Street Committee, or both, and uo rock that after such test does not retain at least the minimum weight required by the requirements of the class called for in the Resolution of 394 GENERAL MUNICIPAL ORDINANCES Intention and Proposals for Street Work, in each case respectively, shall be used upon the streets, nor accepted by the city officials. Article 3. The work of macadamizing a street shall be of three grades or classes, designated as Class A, Class B and Class C. The requirements of each respecti.ely shall be as follows : Class A. After the grading and rolling of the street to -the proper subgrade as prescribed hereinbefore, a layer of first-class rock, as above designated, of a uniform depth of nine inches before rolling, composed of rock of a size to pass through a 3 inch ring, shall be placed on the subgrade, and then thoroughly rolled with a ten-ton roller, and so that a uniform surface is presented and so that the crown of the street shall be preserved as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said first-class rock, which screenings shall not be of a size less than X f an inch in any direction, such top covering in no event to be less than i inch or more than i)^ inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Class B. After the grading and rolling of the street to the proper subgrade as prescribed hereinbefore, a layer of said first-class rock of a uniform depth of seven inches before rolling, composed of rock of a size to pass through a three-inch ring, shall be placed on the subgrade, and then be thoroughly rolled with a ten-ton roller, and so that a uniform surface is presented, and so that the crown of the street shall be pre- served as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said first-class rock, which screen- ings shall not be of a size less than % of an inch in any direction, such top covering in no case to be less than i inch or more than \y z inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Class C. After the grading and rolling of the street to the proper subgrade as prescribed hereinbefore, a layer of second class rock, as above designated, of a uniform depth of six inches before rolling, com- posed of rock of a size to pass through a three-inch ring, shall be placed on the subgrade, and then thoroughly rolled with a ten-ton roller, and so that uniform surface is presented, and so that the crown of the street shall be preserved, as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered, so as to thoroughly fill all the interstices with fine screenings of said second- class rock, which screenings shall not be of a size less than ^ of an inch in any direction, such top covering in no eveut to be less than one inch or more than i)^ inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Section 2. This ordinance shall take effect immediately. ( Approved Sept. 23, 1898. Vol. 5, p. 318.) Number 161 262 320 337 360 367 396 403 ORDINANCES Page no 328 328 88 329 148 282 Numeric Page 314 314 315 134 316 138 316 I 7Q :al Index. Number 1009 1010 IOII IO2O 102 1 1024 1033 1084 418 435 450 506 537 551 598 318 139 - 277 319 319 109 2OQ 1089 1093 "... nor 1104 i 108 .... 1 109 i no 149 211 126 90 220 99 100 602 654 93 320 1114 1 121 89 150 655 684 .... 226 H34 1135 213 221 701 703 216 227 1136 1138 33 94 7" 7^5 279 142 H39 II4O 213 331 719 321 II4I 33 1 728 219 1 142 332 729 280 1143 333 730 . . . . 144 1144 334 784 281 1 145 334 Si6 322 1 147 335 818 322 1148 214 820 271 II7I I 5 1 866 275 1172 868 22O 1178 9 869 228 II7Q 875 . . . . 323 1188 876 2IO 1214 I 5 I 879 323 1216 230 881 324 I2IQ 103 ,, 915 88 I22O 33 932 ... 325 1224 935 144 1241 232 938 228 1242 IO 3 nfi 326 1252 9 952 147 1253 5j? 968 147 I25Q r 5 8 989 326 1260 9 r 1005 327 "62 160 396 INDEX TO ORDINANCES. Number 1267 Page 162 Number 1604 Page 344. 1283 162 1605 345 1291 233 1606 . . Q2 I2Q7 214 1600 l8q 1298 163 1616 246 It2Q 235 1617 IQI xtai 236 1618 .. . 247 1-272 237 1610 24O H^ 291 1622 Q-l 1^6 87 162? 28s 1-277 336 1626 . IQ2 1^41 95 1641 227 1144 237 1647 .... 255 1146 238 1649 V>i 1348 239 1654 ... 301 H49 223 1655 . . 302 1754 165 1657 y>i 17,55 166 i66r V>5 I^6o 239 1662 304 1162 167 1665 . . . v>5 n66 IOO 1667 224 17.67 168 1668 . . ... 107 I^6O 131 1670 . . . 306 J778 215 1672 347 1181 98 1673 V>7 1386 168 1683 . . ... 192 1106 283 1685 308 1422 169 1691 348 i42Q 92 1694 104 1427 178 1 695 105 1456 240 1702 153 1460 .... 180 1704 193 1462 338 1705 309 1477 204 1708 348 1480 133 1724 349 1482 183 1725 2-88 I4QO 205 1727 .... 106 1520 243 1729 194 1512 244 1735 .... 256 I;i7 341 1736 257 I57Q 293 1738 350 I54O 343 1739 . .. 311 I<4.2 294 1746 . 310 1547 295 1747 ... 312 1544 343 1752 195 1547 266 1754 312 1548 264 1766 351 1554 295 1770 197 1558 205 1794 . 269 1568 284 1802 .... 258 1560 296 1806 259 ,1574. 297 1808 198 1575 298 1812 . 352 1595 245 1817 353 1506 299 1819 206 1602 183 1824 108 INDEX TO ORDINANCES. 397 Number 1825 Page 197 Number Page 177 1828 354 IQ21, ?gc 1829 2OI IQ2O 1830 T.fi'i IQ2I 6y l 1836 ... 2O2 1028 J9 Z iftfi 1844 .... 2S9 IQ2Q 587 1848 260 IQ^O -, 1853 26l 180 1854 263 IQT.2 oy ion 1860 2O7 Grade Ordinance 1865 2Q2 Width of Sidewalks jfic -if.fi 1869 182 Accepting Streets 160 1870 2A2 Opening and Closing Sts. Changing Names of Sts . . Franchises -39 369-370 370-373 171 77O 1874 1884 2O7 1890 H4 Annexation of Territory. . Water Front 379-380 >8rk_-jR- 1901 96 1906 -IAD Boulevard, Park, and School Bond.. ..i8i-i84 1908 137 Index to Charter. Section Abandonment of franchise 186 Abstract to be made by Assessor 139 Accepting Streets Sub. I, Sec. 31 Acid Works Sub. 15, Sec. 31 Acts of Police and Fire Commissioners subject to approval by Council 15^ Affidavit Of bidder 80 Before receiving salary 43 City Clerk may take 39 See "Oaths." Agreements (see contracts) Mayor to see enforced 35 Aisles Obstructions in Sub. 22, Sec 31 Alleys Opening, etc Sub. i, Sec. 31 Altering Grades Sub. i, Sec. 31 Amusements Sub. 13, Sec. 31 Anchorage Sub. 9, Sec. 31 and Sec. 71 Animals, dead Sub. 19, Sec. 31 Animals, at large Sub. 16, Sec. 31 Annual Report Health Department i6S Apparatus, electrical, etc., in streets Sub. 33, Sec. 3* Application for franchise Sub. 37, Sec. 31 Application for street improvement 102 Application of School Fund 129 Appointment and removal of clerks and Employees 203, 204 Approval of demands by Auditor 40 Approval of official bonds 45 Approval of ordinance by Mayor 2t Architect Appointment and duties 74 Salary, by whom fixed 63 Term of office 7& Ashes Sub. 19, Sec. y Assessor (see Auditor) 4> INDEX TO CHARTER. Section Assessment of property (see "Revenue and Taxation.") Assessment Roll I3 3 Basis of Assessment 14-7 Duties of Assessor 40, 134, 137-140, 146-148 Equalization !j6, 137, 142, 143 Lands partly outside the city 139 Subsequent assessment 147, 148 Associated Charities Sub. 46, Sec. 31 Auditor and Assessor (See "Assessment of Property.") Annual statement to Council 134 Duties 40, 134, 137-140, -146-143 Election 01 7 Ex-Officio Assessor 40 Qualifications 200 Reports 40 Salary 4} Awnings and awning posts Subs. 3, 20, Sec. 31 and Sec. 71 Award of contract 8r, 84 Ayes and noes, Board of Works 67 Board of Education 113, 133 On veto of Mayor 22, 23 Bailiff of Police Court 58 Ballast, refuse Sub. 19, Sec. 31 Bank, loan of city funds to 41 Banners and flags in streets Sub. 3, Sec. 31 Basement, entrance to Sub. 20, Sec. 31 Basis of Assessment 147 Bells in streets Sub. 3, Sec. 31 Bells, railroad Sub. 27, Sec. 31 Benches in aisles Sub. 22, Sec. 31 Bequests i Bids, action upon 8r Check to accompany 80 Franchises, bids for Sub. 37, Sec. 31 Notice for 79, 85 Requirements of 80 Provisions as to 80-8.3 86 Births and deaths 178-181 Board of Education 112-133 Application of School Fund 128, 129 Ayes and noes H3. J 3 Certificates granted 1^5 Citv Board of Examination 125 INDEX TO CHARTER. 401 Board of Education Continued. section Claims against School Fund.. .. 130, 131 Contagious diseases to be reported 17.^ Demands against School Fund .130, 131 Directors, qualifications, term of office, etc 112 Election of 7 Emergency Expenditures 13* Extraordinary expenditures 132 Limit of indebtedness 131 Meetings, regular and special 113 Money from sales of property Sub. 14, Sec. 114 New school houses 119,121 Oaths, Board may administer 11$ Organization 113 Pecuniary interest, Directors to have no 121 Plans and specifications for new school house, requisition for 119, 120, 121 Powers and Duties H4 President of Board it.S Qualifications 112,200 Quorum U3 Records of Board "3 Repairs.. I22 Report "8 Report of Superintendent 127 Requisitions for supplies n6, H7 Rules of procedure "3 Salaries, teachers 124 School buildings 121, 122 School Fund. . 128, 129 Special meetings, notice of , *$& Superintendent and Assistant US, 126, 127- Supplies, requisition for .'116, 117 Surplus I28 Suspension of Teachers by Superintendent 127 Term o! office I12 Teachers Employment and removal of Sub. 2, Sec. 114 Suspension of 12 7 Salaries to be fixed .<>. "4 Transer to School Fund in emergency . I3 3 Vacancies XI 3 Vote necessary for action 1 J 3 Warrants W IJ* iBoard of Health 164-184 402 INDEX TO CHARTER. Board of Health Continued. A i section Annual report I0 g .Appointment of Board J04 Births and deaths 178,181 Board, how constituter 1 . ^ j5. Building unfit for habitation m Burial permits 179,180 Contagious diseases 172, 173, 174 175 Dead bodies, removal of 179 Duties and powers 167, i$$ Expenses 168, 182 Health Officer and City Physician 169,170 Meetings l66 Mortality records 178 Oaths, members may administer 184 Office, Council to provide 160 Organization 165 Orders, Council to enforce 182 Permits 179, 180 Permit to connect with sewer 108 Pesthouscs 175 Qualifications 164,200 Quarantine 174, 176, 177 Regulations, sanitary 177 Rules and regulations 182 Secretary 169 Special meetings 166 Term of office 164 Unhealthful buildings, powers as to 171 Vote necessary for action 165 Board of Police and Fire Commissioners Sees. 150-16.3 Acts subject to approval of Council 159 Additional employees 161 Annual reports .. .. 157 Apparatus 156, 159 Appointments and removals 154 Claims 158 Contracts let by Board of Works for supplies 159 Custody of property of departments 15^ Discipline and punishment 162 Employees, how appointed 154 Estimate of salaries and expenses 137 Executive sessions IS 2 Fire Alarm and Police Telegraph 157, 159, 160 Superintendent of 160 INDEX TO CHARIER. 4O3 Board of Police and Fire Commissioners-Continued Fines and forfeitures Section Fire Department, how constituted..'. Management of Hydrants and cisterns Information to Council Investigations Meetings Misconduct of employees Officers of departments Organization Powers of Board President, how elected '. Quorum, etc Removal of employees Repairs and alterations.. . Relief Fund .. *" Rules and regulations. . , . Secretary, duties of '.."..".." Special meetings Trials, examinations I6 Term of office Urgent repairs Votes necessary for action ,152 Board of Examination, teachers Board of Public Works ' .V .'.'.'.'..". .' 7 and 63-86 Affidavit of bidder g_ Anchorage of vessels Sub. 9 Se?. 31 and Sec. 71 Architect Ayes and noes 6 _ Award of contract .81 84 Awnings. ' r Bids 80,81,82,83,86 Bond ; 83,64 Building material and public buMdings 71 Bridges 7r Cellars and "aults 7I Certificate of completion of contract 83 Check 80,81,83 City Attorney, a Commissioner 6^ City Attorney, contracts under supervision of 82 Commissioners, how constituted 7,63 Compensation 5, Commissioners - 404 INDEX TO CHARTER. Board of Public Works Continued, Section Contracts By. whom drawn 8.3 Bond accompanying; 8.3 Cancellation of 80 Commissioners not to be interested in 86 Custody of 83 Extension of time 83 For work 78, 79, 83 For supplies 84,85 Modification of 83 Notice of award of 81 Police and Fire Departments 159 Re-awarding , .80, 8a Resolution on completion of 85 Sureties on 83 Void, when 82, 86 Documents 33, 66, 67, 69 Drains 71 Employees Appointment 64,68 Bonds of 64 Removal 76 Engineer, City, a Commissioner 6j Engineer's Deputies 72 Electric light poles 71 Entrances 71 Extending time 83 Erasures and interlineations 80 Forfeiture of check 81 Fences and railways on sidewalks 71 Gas pipes, water pipes, etc 71 Gutters, etc 7* Harbor and water front 70 Improvements 7 1 Information furnished to Mayor or Council 66 Lamps and lighting 7 1 Material and supplies Sub. 17, Sec. 31 and Sees. 70, 84 Mayor, member of Board 63 Moving buildings 71 Meetings 65 Notices, generally 67 Notices of proposals 78, 79, 84, 85 Obstructions 71 INDEX TO CHARTER 405 Board of Public Works-Continued. Organization Section President, term of office.. . Secretary, duties of 4 Parks 6 7 Permits 71 Pipes 71 Plans, specifications, etc. '(school buildings)..' Poles, posts, etc Police and Fire Departments,' supplies for ' Powers and duties.. President Printing Proposals for work '/ 8 80 Proposals for supplies and materials..' Public buildings Public work and supplies 70 77 Ri Action upon bids for. . .. . . .'. . . '.'. '.'. y"J Notice of bids for. . ' 'o '_ Qualifications.. 78, 79, 84 200 Quotum Railways and railway tracks Records documents .etc.. T, 05, OO. OQ Recommendations to Council _ o Reference to Board by Council .*.. .. .'.' .'.' . . 1O2 Repairs, improvements, etc 7I Requisition by Board of Education ..119/120 Resolutions and orders ' o - Resolution on completion of contract gc- Rules and regulations 6 " Salaries of employees ees to be paid into Treasury .............. Sees 42 6l Ferries. .. .................... " '.'.Subs. 7,' 29, 30, Sec.' 31 finance Committee to count funds in Treasury ............. 33 Fines, Police Court may impose ........ ...... Fines and fees, paid into Treasury l.y Justices of Peace 61 Fines and forfeitures .................. Sub. 35. Sec. 31 and 142 tire Alarm and Police Telegraph ........ l6o Maintenance .................. '..".'' .'.Sub.'2 3 ', Vec. 31 .superintendent .................. jg_ Supplies ....................... Fire Department- Constituted hovr ................. X Chief Engineer's salary.. .. . .......... Employees, additional ...... . ......... . .. /. . 161 Fines .......................... ' ifn Officers .............. Relief Fund.. ......................... IO2 Fires and fire district ........................ Sub. 10, Sec 31 *; ireplu * s .............................. Sub. 14, Sec. 31 ^ reworks .............................. Sub. 14. Sec. 31 Flags over street ............................ Sub 3> Sec . 31 Fla ^ me ................................ Sub. 27, Sec. 31 Forfeiture of check ....................... t ../ g x Forfeiture of franchise .......................... X 86, 189,205 Forfeiture of office ...................... 41.86. 123. 189-191 Forgery, reward for apprehension .............. Sub. 43, Sec. 31 Franchise Acceptance and work under ....... .186 412 INDEX TO CHARTER. Franchise Continued. Section Bill to grant 30 day limit 20 District on water front, for Subs. 29, 31, Sec. 31 Failure to use 186, 205 Granting Subs. 28-32, 37, Sec. 3E Street railroads Sub. 37, Sec. 31 Steam railroads Subs. 28-32, Sec. 31 Free Library 133 Freight depots on water front Subs. 29-32, Sec. 31 Fuel and furniture for offices Sub. 17, Sec. 31 Fund, Street Department, forfeiture to go to Hi Funds, condition of 4 Separate, Council to establish 135 Vaults for 41 Garbage Sub. 19, Sec. 31 Gas light and gas pipes Subs. 3, 26, Sec. 31 General powers Sub. 50, Sec. 31 Gifts I Good morals Sub. 13, Sec. 31 Grades Subs, i, 5, Sec. 31 and 102 Gutter; Subs. 5, 18, Sec. 31 Hacks and hack rates Sub. 21, Sec. 31 Harbor map Sub. 31, Sec. 31 Harbor and water front 71 Harbor improvement '. . ..Sub. 31, Sec. 31 Health Department 164 (See Board of Health, Health Office and Health Officer.) Health Office- Burial permits 179, 180 Council to provide office 166 Death certificates 179 Diseases to be reported 172 Mortality records 178 Health Officer- Appointment of. . 169 Burial permits 179, 180 Compensation 169 May administer oaths 184 Quarantines 176, 177 Qualificat'ons 169, 200 Removal permits 175 Unhealthful buildings 171 Health, public, power over subjects relating to.. ..Sub. 15, Sec. 31 Height of buildings Sub. 10, Sec. 31 High School course : Sub. 22, Sec. 114 Holidays, Justice Court closed on 59 INDEX TO CHARTER. 413 Section Horse troughs Sub. 3, Sec. 31 Hospitals Subs. 6, 39, Sec. 31 House of Correction Sub. 45, Sec. .51 Houses of ill fame Sub. 13, Sec. 31 Hydrants Sub. 26, Sec. .31 111 fame, houses of Sub. 13, Sec. 31 Illegal demand 40 Impounding animals Sub. 16, Sec. 3f Improvements 71, 102, 104 Improving streets, etc Sub. I, Sec. 31 Improvement, specific 23 Industrial training Sub. 23, Sec. 114 Inspection of improvements 104 Intelligence offices Sub. 24, Sec. 31 Investigations- Police and Fire Departments 163 School Department Sub. 2, Sec. 114 Judge of Police Court, qualifications 200 Judicial Department 46,47,58,62 Junk Dealers Sub. 24, Sec. 31 Jurisdiction Of Council in street grade matters 102 Of Justices Courts 60 Juvenile offenders Sub. 45, Sec. 31 Justices Courts 47, 59-62 Accounts 61 Jurisdiction 60 Moneys collected 61 When to be open 59 Justices of the Peace 59-62 Justification of sureties 45 Lands for public buildings Sub. 40, Sec. 31 Lands partly outside of city, assessment of I3Q Landing places Subs. 29-31, Sec. 31 Lanes, opening, etc Sub. i, Sec. 31 Laundries Sub. 15, Sec. 31 Laying out streets Sub. i, Sec. 31 Laying tracks on streets Sub. 28v Sec. .31 Leasing city property Sub. 47, Sec. 31 Lecture rooms, exits Sub. 22, Sec. 31 Legal holidays, Justice Court closed on 59 Legal proceedings in name of city 35 Levy rate and limit of 136 Liabilities 1-4 Libraries, public 133 414 INDEX TO CHARTER. Licenses Section Auditor to issue 40 Power of Council as to Sub. 38, Sec. 31 Lighting streets and buildings, contracts for 28 Lights Subs. 3, 5, 17, Sec. 31 and 71 Limit, certain business Sub. 15, Sec. 31 Limit, concessions on water front Subs. 29, 30, Sec. 31 Limit, period of franchise Sub. 37, Sec. 31 Loan of city funds to bank 41 Mains (quality, capacity, location) Sub. 26, Sec. 31 Maintaining City Hospital Sub. 39, Sec. 31 Malfeasance in office (see "Misconduct") 33, 189, 190 Manufactories Sub. 15, Sec. 31 Manufacture of explosives, etc Sub. 14, Sec. 31 Map, official 101 Markets Sub. 6, Sec. 31 Map of harbor improvements Sub. 31, Sec. 31 Mayor- Approval of bonds (official) 45 Approval of ordinances by 21 Clerk, may appoint 38 Communications and recommendations to Council 33 Duties of 33.35.37.63,80 Expert, may appoint 33 Legal proceedings, to cause when 35 Public institutions, supervision over 33 Qualifications 37, 200 Riot, may suppress by police force 33 May call on Governor to suppress H Salary 44 Suspend officer, when 1 .. 33 Term of office 32 Urgent necessity, fund to be expended under direction of Sub. 44, Sec. 31 Vacancies in office, when to be filled by 202 Vacancy in Mayorality, how filled 37 Mechanical appliances in streets Sub. 33, Sec. 31 Meetings. Board of Works 6j Meetings, Council (special) 36 Member of Council not to have interest in contract 189 Miscellaneous provisions 185-208 Misconduct- Employees, Police Department 162 Employees, Fire Department 162 Officers 86, 123, 189 Mayor's duty in reference to 33 INDEX TO CHARTER. 415 Misdemeanor, jurisdiction of Police Courts over ^ *49 Money of city Where kept 4I Paid into Treasury Counting in Treasury Morals, practices against good Sub 13 Sec 31 Morgue Sub. u] Sec' 31 Mortgage, real property x Municipal licenses Sub. 38, Sec. 31 Naming streets, etc Sub. 3, Sec. 31 Navigation, obstruction to Sub. 9,' Sec. 31 Necessity (urgent) fund Sub. 4, Sec. 31 Nitroglycerine Sub. i, Sec. 31 Noises cries, advertising Sub. 3, Sec. 31 Notice- Posting I97 Publication X gg Of application for franchise Sub. 37, Sec. 31 Of franchise Sub. 28. Sec. .31 Of delivery of roll !$ Secretary of Board of Works to give 67 Of bids for work or supplies 185 Of sale of property ig$ Of special meetings of Council 36, 196 Nuisance, Council to declare Subs. 11, 48, Sec. 31 Nuisances (parades and processions) Sub. 48, Sec. 31 Numbering streets and houses Sub. 3 ,Sec. 31 Oath, official 43, 19,; Form of oath of office 43 Who may administer Auditor 40 Board of Education 115 Chairman Council Committee 17 City School Superintendent 115 President of Council 17 Police and Fire Commissioners 163 Objections of Mayor passing bill over 21,22 Obstructions in aisles Sub. 22, Sec. 31 Obstructions to streets Sub. 28. Sec. 31 Occupations Subs. 13, 15, Sec. 31 Offensive trades Subs. 13, 15, Sec. .31 Official oath 43 Official bonds Amount 45 Approval of J5 416 INDEX TO CHARTER. Official bonds Continued, Section Custody of 45 Drafting of 46 Effect of filing igp Official conduct, rules for Sub. 36, Sec. 31 Office hours 193 Office- Limitation on creation of 195 Vacant, when deemed '. ..188, 202 Hours 193 Officers- Accounts of, experting 33 Affidavit before receiving salary 42 Compensation not to be increased 201 Elected at general election 7 Fees and charges Sub. 36, Sec. 31 Misconduct, duty of Mayor 33 Not to have interest in contract 86, 123, 189 Office hours 193 Other office, not to hold i83 Qualifications .. ..200, 201 Qualifying, failure to 202 Removal of 35, 188, 202 Removal from city 20^ Rooms for Si:b. 17, Sec. 31 Suspension by Mayor 33 Terms of office 199 To report violation of contract to Mayor 35 Opening streets Sub. i, Sec. 3t Ordinances- Approval by Mayor 21 Council to act by ordinance or resolution 23 Continued in force from adoption of Charter 207 Council to act by ordinance only, when 23 Council may pass on what subjects 3,1, 107 Classification and compilation of 25 Enacting clause 27 Granting franchise Sub. 28, Sec. 31 One subject only to be included in 19 Subjects on which ordinances may be enacted. Subs. 1-50, Sec. 31 Streets, sidewalks, etc Subs, i, 5, Sec. 31, 87, 102 Street opening 90-96 Signed by President of Council 21 Title of ordinance 18, 19 Violations penalties Sub. 35, Sec. 31 When to take effect 24 INDEX TO CHARTER. 4,7 Ordinances Continued. section When action by ordinance only 23 Papers Compelling production of papers, records, etc 16 Filing and recording of 145 What kept by Board of Public Works 66, 6> y What kept by City Clerk 3g Parades and processions Sub. 48, Sec. 31 Parks, altering, repairing, etc., walks in Sub. i, Sec. 31 Parks, acquiring land for and improving Sub. 40, Sec. 31 Passenger depots Sub. 29, Sec. 31 Pavements regulating Sub. 4, Sec. 31 Pawnbrokers Sub. 24, Sec. 31 Penalties Sub. 35, Sec. 31 Penalties, violating .water rate ordinances Sub. 25, Sec. 31 Period of franchises Sub. 37, Sec. 31 Permits Io j$ Petition for franchise Sub. 28, Sec. 31 piers Sub. 7, Sec. 31 Pipes in streets Sub. 33, Sec. 31 Placards.. Sub. 3, Sec. 31 Plan of harbor improvements Sub. 31, Sec. 31 Plaza, altering, repairing, etc., walks in Sub. i, Sec. 31 Poles, telegraph and telephone Sub. 20. Sec. 31 Police Court 47 and note Police detectives 44 Policemen, detail of as Captains 44 Police and Fire Departments 150-163 Board of Commissioners, etc. (See "Board of Police and Fire Commissioners.") Police Department Constituted how 161 Additional employees 161 Captains of Police 44 Detectives 44 Fines for misconduct 162 Officers and policemen, number, etc i6r Relief Fund i6i Salaries 44 Special policemen 155 Salaries of 155 Police force in time of riot, Mayor to call on 31 Police Judge 7 Police regulations, generally Sub. 50, Sec. 31 Police telegraph Maintenance Sub. 23, Sec. 31 418 INDEX TO CHARTER. Police telegraph Continued Section Superintendent of 100 Supplies for 159 Polluting stream Sub. 19, Sec. 31 Posting notices 197 Pound Sub. 16, Sec. .31 Powder, sale, storage, use Sub. 14, Sec. 31 Powers Of Board of Public Works (See ''Board of Public Works.") Of Council Sub. 1-50, Sec. 31 Powers and duties relative to revenue and taxation 137 Posting notices (see ''Notice.") 197 Pound, Council to establish Sub. 16, Sec. 31 Precincts, election 8, 9 President, Board of Public Works 64 President, Police and Fire Commissioners 151 President of Council Election of 15 May administer oaths. . 17 May call special meetings 14 Sign ordinances 21 To act as Mayor > when 37 Printing, public Sub. 17, Sec. 31 Private sewers and drains 107, no Privileges on water front Sub. 30, Sec. 31 Prohibiting certain occupations Sub. 15, Sec. 31 Property, city may hold 1-3 Proposals- For work 78,80 For supplies and materials 84 Public buildings 75 Lands for Sub. 40, Sec. 31 Public comfort Sub. 15, Sec. 31 Public halls, entrance, exit Sub. 22, Sec. 31 Public health Sub. 15, Sec. 31 Public work, to be under supervision of Board of Public Works. . 70 Publication of notice of application for franchise.. ..Sub. 37, Sec. 31 Public institutions, generally Sub. 6, Sec. 31 Public order Sub. 13, Sec. 31 Public places, repair of Sub. 7, Sec. 31 Public safety ' Subs. 13, 15, Sec. 31 Public uses, lands for Subs. 31, 40, Sec. 31 Pumps, construction and repair Sub. 26, Sec. 31 Public works (see ''Board of Public Works.") Board created. . 6.3 INDEX TO CHARTER. 4I - Public works-Continued-(see "Board of Public Works ) Superintendent of Public Works Appointment Duties Salary ..*.*.'.".."..". " 2 Qualifications.. . Term of office Publication- Notice by Board of Public Works.. r^ - R Of notice how made .' 7> 7 ' ** Of ordinances Public libraries Qualifications of officers.. Qualifying by taking oath. Quorum- Board of Public Works Board of Police and Fire Commissioners.. Board of Education . . . Council '' Rails, character and quality of . . . " c ub ' ' ' ' c' ' Railroads 37 ' b Danger signals Sub Sec Steam (see "Steam Railroads.") Horse c , . r*. . Sub. 27, Sec. u Crossings j! Terminal facilities ""..' ^ '' -Subs. 29/30,' 3 iVsec. I Vr Railway engines, speed of .. Sub Sec 3r Railways, franchise Sub 2g> Sec Repairs between tracks Sub 34 Sec 31 Streets, franchises on Sub 3? Sec . Rates, carriage Sub 2J Sec ^ " --Subs. 21, 37, 'Sec. 31 Sub. 25, Sec. 3t railways Sub Sec Lighting ^ 8 Taxation. . T) ,. I3^> Reading rooms Real estate, sale for taxes Records- Board of Public Works.. 6- firt fin . ..... .\j$, uu, uy c P' e s of JQ , Duties of Clerk as to , g Fees for copies . io Inspection by public .192 Inspection by Mayor Redistricting city into wards 25 420 INDEX TO CHARTER. Section Reformation of juvenile offenders Sub. 45, Sec. 31 Refusal to grant franchise Sub. 37, Sec. 31 Register, great. . 10 Regulating streets Sub. i, Sec. 31 Rejecting Demand (Auditor) .. 40 Rejecting bids for franchise Sub. 37, Sec. Jl Relief Fund (Fire Department) 162 Redemption of bonds 135 Repairs to schoolhouses 122 Removal of officer or employee 35,203-206 Repairing streets, walks, etc Sub. i, Sec. 31 Repair of cisterns, hydrants, fire plugs, etc Sub. 26, Sec. 31 Repair between tracks Sub. 34, Sec. 31 Report of Auditor 40 Requisition for supplies, by Council Sub. 17, Sec. 31 Resolution requiring notice of application for franchise. Sub. 37, Sec. 31 Resolutions and orders of Board of Works to be recorded.. .. 67 Rewards, for conviction of forgers Sub. 43, Sec. 31 Revenue and Taxation 134-149 Abstract to be made by Assessor 139 Assessor to complete assessment roll 138 Assessment, equalization, sale and redemption of property. 137 Auditor to transmit estimates 134 Basis of taxation 147 Bonded indebtedness for improvements. 149 Certificate of Assessor attached to roll 138 Council may extend time for any act 140 Deficiencies 135 Delivery of roll to City Clerk 138 Equalization 137 Estimates to be made by Auditor 134 Fines and forfeitures 142 Lands partly without the city 139 Levy made r 136 Notice of delivery of roll 138 Papers and instruments, filing and recording 14.5 Powers and duties 137 Rate of taxes fixed '. 130 Redemption of bonds 135 Sales for taxes, real estate M-J Separate funds 135 Statement 137 Statement of State Officer or Board 144 "Subsequent assessments" 147, 148 Tax Collector to settle with Auditor. . 141 INDEX TO CHARTER. 42I Revenue and Taxation Continued. Tax Collector to pay into Treasury Ct j 4 * Tax rate of previous year on personal property' io'govern Assessor Transfer of funds Rewards, Council may offer when Sub ," s " ^ Rights and liabilities Riots x ~ 4 33 Rules and regulations (Board of Works). . . . . OJ (Council) .. . c j c Rules governing official conduct. . . V. 5^5 12 c^ Rnnninrr at 1o,-rr*> , ^1- ... . J f o C. 31 49. Sec. 31 Running at large, animals.. c , , . duo. io, oec. 11 Safes, for city funds Safety switch and signal system.. Safety, public.. 'c K Salary, when withheld'.'. '.'. '.'. " V Salaries, schedule of official ^ Additional employees.. Affidavit before receiving Councilmen Demands Employees, Board of Public Works Health Officer ".'.'.'.' ' No increase of, permissible 201 Schoolteachers.. C..K c ,,,.,, ,, Sub. 2, Sec. 114 Withheld when Sales, of municipal property- Power in Council to regulate Sub. 47. Sec. 31 and i Io be by public auction I(V! _ Notice of.. ....... Of school property ................ '.."..' Sub. V 4( ' Sec. 114 ale of lost or unclaimed property ............ Sub 47 Sec 11 Sale of taxes.. ***" Ti'2 ....... Sanitary regulations, generally ................ ..Sub 50 Sec .11 School books for indigent pupils ................ Sub. 17 Sec 114 School Census Marshals.. .. ' c nh ' o._ 0|,,.,,. ...... OUIJ. /, OCC. 114 School buildings (new) (see "Board of Education.") .......... r2r School Directors (see "Board of Education.") ......... \ U3 School Fund (see "Board of Educatiqn.") School libraries ........................ ... ..Sub. 16, Sec. 114 School Teachers Employment and removal of .............. Sub. 2, Sec. 114 Suspension of ................. Salaries to be fixed ............... Seal, corporate ................... Secretary Board of Public Works ............ ' .'.' . ' 422 INDEX TO CHARTER. section Separate funds, Council to establish 135 Sewers and drainage Condemnation for no, in Duties of Superintendent of Streets as to 73 Powers of Board of Public Works as to 105-111 Powers of Board of Health as to i6r Powers of Council as to Subs. 4, 5, 18, Sec. 31, and Sees. 105-107, no, in Sidewalks, entrances from Sub. 20, Sec. 31 Sidewalk, interference by electric appliances Sub. 33, Sec. 31 Sidewalks, straightening, widening, improving, etc Sub. i, Sec. 31 Signs, sign posts, awnings, etc Sub. 3, Sec. 31 Signal bells Sub. 33, Sec, 31 Signal warning Sub. 27, Sec. 31 Sinks, construction, repair, etc Sub. 18, Sec. 31 Shipping, anchorage Sub. 9, Sec. 31 Shops, railroads, etc Sub. 29, Sec. 31 Slaughterhouses Sub. 15, Sec. 31 Slips Sub. 7, Sec. 31 and Sees. 29, 30, 31 Special meetings 14, 36, 196 Special policemen Sub. 4, Sec. 155 Sprinkling ., Sub. 5, Sec. 31 Specific improvement 23 Speed of railway engines Sub. 27, Sec. 31 Stands for hacks Sub. 21, Sec. ffl Stationery, for public use Sub. 17, Sec. 31 Steam boilers Sub. 20, Sec. 31 Steam railroads Subs. 28, 29, Sec. 31 Speed of Sub. 27, Sec. 31 Franchises Subs. 28-32, Sec. 31 Interlocking system at crossings 187 Terminal facilities for Subs. 2Q, 30, 31, Sec 31 Franchise district Sub. 29, Sec. 31 Steam whistles Sub. 3, Sec. 31 Stolen property, sale of Sub. 47, Sec. 31 Stools, etc., in aisles Sub. 22, Sec. 31 Storage of explosive, etc Sub. 14, Sec. 31 Straightening streets, etc Sub. I, Sec. 31 Stream, pollution of Sub. 19, Sec. 31 Street railway franchises Sub. 37, Sec. 31 Street, between railway tracks Sub. 34, Sec. 31 Constructing appliances on Sub. 33, Sec. 31 Crossing, signal, bells, etc Sub. 27, Sec. II Elevated and underground roads Sub. 29, Sec. 31 Opening, laying out, etc Sub. I, Sec. 31 INDEX TO CHARTER. 42J Street, between railway tracks Continued Regulating.. . - . Q Section Streets, sidewalks, etc- X 3 ' SCC ' 3 ' Duties of Superintendent of Streets 73 104 Improvements, proceedings for '*.*' " IOI ' JQ3 Improvements, purchase of property for Iro Ordinances as to Subs, i, 5, Sec.' 31, and' 87 102 Opening of.. Sub. i, Sec. 31 and 87 Power of Council over Sub. i, Sec. 31, and uu Pavements, regulation of Sub 5 Sec 11 Traffic in V .'.Sub. 2, Sec 31 Street Department Fund, forfeiture to y, Street grades and improvement. . c, lU*. 1U4 Street map. . . c . IOI Subpoenas in certain investigations l6 Superintendent of Public Works, powers and duties". 7 Succession Sue, city's right to Superintendent of Streets Appointment Duties, powers and liabilities.. .,, Salary .".."..'.'.".'.'. 4 Term of office.. Supplies and materials. ' ! .Sub.' 17, Sec.' 31 and '70, 84 Contracts for o Sureties on official bonds ' '[ .. Justification of Qualifications of New stireties Suspension of officer ;E annaries -.'.'.'. '.'.'.'.'.'.'.'. '.'.Sub '15,' Sec. 31 Taxation Assessment for ' o Limit of rate ' ,, 6 Taxes, license, collection of '' " " Sub.' 38, Sec. 31 Taxes, sale of real estate for I42 Tax Collector (see "Treasurer") To receive licenses from Auditor 40 Treasurer is ex-officio Tax levy " ' ' [ ^ Teachers (see "School Teachers.") Telegraph appliances in streets Sub. 33, Sec. 31 Telegraph posts Sub. 3', Sec. 31 Telegraph and telephone poles and wires Sub. 20, Sec. ji Telegraph and telephone wires Sub. 3, Sec. 31 Telegraph, police Sub. 23, Sec. 31 and' 159, 160 424 INDEX TO CHARTER. Section Telegraph wires Subs. 3, 20, Sec. 31 Terminal facilities Subs. 29, 30, 31, Sec. 31 Theaters, entrance and exit Sub. 22, Sec. 31 Time, franchise is to run Sub. 37, Sec. 31 Title of ordinance 19 Tolls Sub. 8, Sec. 31 Traffic in streets, regulating Sub. 2, Sec. 31 Transfer of funds 135 Transportation of explosives, etc Sub. 14, Sec. 31 Treasurer, election of " 7 Custody of city moneys 41 Council to provide vaults for 41 Approval of City Attorney's bond by 45 Duties and powers 41, 45, 142 Ex-Officio Tax Collector 41 Qualifications 200 Salary 44 Treasury, cash to be counted 34 Condition of 40 Fees and collections 42 Fees paid into Sub. 36, Sec. 31 Warrants on 40 Trust, city's power as to i Trust, confided to city Sub. 42, Sec. 31 Tubes in streets Sub. 33, Sec. 31 Two-thirds vote, when required Sub. 28, Sec. 31 Underground roads Sub. 29, Sec. 31 Urgent Necessity Fund.. Sub. 44, Sec. 31 Use of streets, sidewalks, etc Sub. 3, Sec. 31 Uses, public i Vacancy in ofiice 37,202 Filled how.. .. 202 Council may create 45 When exists.. 188,202 Mayoralty 37 Vacated office, Council may declare 45 Vacating walks, avenues, etc Sub. i, Sec. 31 Vaults Sub. 18, Sec. 31 Vaults for city funds. . 4 f Vehicle, rates for Sub. 21, Sec. 31 Vehicles, stand for Sub. 21, Sec. 31 Vessels, anchorage.. .. Subs. 9, 31, Sec. 31 Vessels, dirt, ballast, refuse, etc : Sub. 19, Sec. 31 Vested rights in city to be continued under Charter 2 Veto by Mayor 21, 22 INDEX TO CHARTER. 425 Veto by Mayor Continued. . Section Ayes and noes on 22 Passing bill notwithstanding veto Void Franchise Voters, registration of Wards, division of city into 6 25 Redistricting Warehouses on water front Subs. '30, 31, Sec. 31 Warning signs in streets Sub. 33, Sec. 3 Warrants, drawing, signing, etc " 1?) Washhouses .. '.'. '.'. S ub."i5, Sec. 31 Water, Council to provide Sub. 41, Sec. 31 Rates, Council to fix Sub. 25, Sec. \i Rates, amount of for city purposes '.Sec. 2" For public buildings and places Sub. 26 Sec 31 Pollution of Sub. 19, Sec' 31 F r streets Sub. 5, Sec. 31 Water front, map to be prepared Sub. 31, Sec. 31 Plans of improvement Sub. 31, Sec. 31 Use of by corporations Sub. 29' Sec. 31 Water pipes, quality, capacity, location, etc Sub 26 Sec 31 ? 1IS ; Sub. is! Sec.' 31 Wharfage Sub. 8, Sec. 31 Wharves.. Subs. 7, 29, 30, 31. Sec. 31 Wharves, refuse from Sub. 19, Sec 31 Whistles, steam ' Sub 3 Sec ^ Widening, streets Sub. i, Sec. 31 Width of sidewalks and streets, determining Sub. i, Sec. 31 Wires, in or over streets Sub. 33, Sec. 31 Wires, telegraph and telephone Subs. 3, 20,' Sec. 31 Witness, Council may compel attendance of T 6 Wooden buildings Sub. io^Sec. 31 Work, contracts for x ge Workshops, railroads, etc Sub. 29, Sec. 31 Works, regulation of Sub. 15, Sec. 31 INDEX TO ORDINANCES. NoTE.-References are to pages of this volume. Acceptance of Improved Streets .............. Accepted Streets, List of ................... .... ' -L Acrobatic Performance, License fee ................. % IIQ Adulterated or Unwholesome Milk ............. Advertising On Trees, fences, etc ............. On Sidewalks ............ ........... . . . . . . . .' .' ' %S By Devices, Transparencies, Banners, etc ..... Advertising Agents, License Fee ................. ' JOI Air, Cubic Feet of in Sleeping Rooms ........ Air Gun .......................... Aisles, Obstacles in ............ .........]. Alameda Bridge, Regulating Use of.. Animals r ...... ' .............................. 271, 317,31) City Pound ............. -^ad . ........................ :::::::::::::::: -Diseased or Disabled ............. 246. 247, 248, 318, 319, 27- Meat of .................................. * Driving Through Streets ..... 3-8, 246, 247 ing ..................... Keeping, Regulating ................... Number Per Block ......................... ' 2y> Sanitary Condition ..................... Killing by Poundmaster. . .' .................. [[[ Sales of by Poundmaster ..................... Redemption of by Owner ................... ' 27 Stallions, Bulls, Jackasses, etc ................ . ' ' ' License Fee for ....................... Untied Animals on Streets .................. Annexed Territory Added to Second Ward.. Anvils, Discharging .................... Application for Liquor License . .- ............... Artificial Stone Curb (Specifications for) ........ ........... . I 428 INDEX TO ORDINANCES. Page Ashes 215, 258, 140 Assayers, License Fee 121 Assistant Engineer (Fire Department) 106 Assistant Sanitary Inspector 96 Associated Charities 14 Astrologers, License Fee .37 Auctioneers, License Fee 118 Auditor, Form of Requisition 107 License and Tags 1 1 1 Free License 114 Requisition Blanks 107 Awnings 162, 182, 183 Badges, License to be Worn 115, 117 Tax Collector to Furnish 115 Ball Rooms, License Fee 120 Ball Playing 141 Bankers, License Fee 117 Banners 325 Barns, Lodging in 320 Bars, Open When 347 Basalt Blocks (Specifications) 172 Bathing in City Limits 35 2 Bay Windows 139, 141 Bets, See "Pools" 337 Bicycles 201 Bill Posting, License Fee 121 Billiard Tables, License Fee 118 Bills Against City, Verification of 319 Birds 314 Births, Reporting 239 Bituminous Walks (Specifications) , 150, 157 Bituminous Paving (Specifications) 176 Blank Licenses, Auditor to Prepare in Block, Defined for Certain Purposes 127 Board of Public Works See "Obstruction of Orders'.' 100 Permits To Burn Rubbish 15 r To Dig Street or Walk 152 To Construct Walk or Curb 159 For Private Sewer 163 For Laying Pipe, etc 199 For Metal or Wooden Door 212 Secretary of, Salary 99 Selling Condemned Material 102 INDEX TO ORDINANCES. 4 2 9 BOARD OF PUBLIC WORKS c- i, , Page bee Supplies Board of Police and Fire Commissioners Supervision over Saloons I30 Obstructing Orders of IOO Board of Health Permits See "City Physician 1 ' Secretary of Board Q4 Sanitary Inspector g - Assistant Sanitary Inspector 06 See "Health Department" Boilers (Steam) Bond- Application to Sell Liquor ^ ? Same Forfeited When 129 Construction of Sewer l6 .. License Inspector Plumbers . .... . ,.....,. >t<>s<> 2sO Poundmaster Sanitary Inspector Boats, Dockage, etc .........'..'.'.'.'.'.'.' " 26 ' 4 2 66 License Numbers on -License Fee On Lake Merritt Books and Stationery for Departments.. Bow guns Bowling Alleys, License Fee.. Boys, See "Minors" Boundaries, of Second Ward Boulevard, Use of Boulevard Ordinances Brass Knuckles Brick Kilns Bridge, Protection of Brokers, License Fee. Buildings -Numbering ^ 2;o> ^ ^ -General Provisions as to ^ -Encroaching on Street Line In Fire Limits, see "Fire Limits" -Unfit for Habitation Material on Street -Removal of .. I4 ' Building Material on Street',' Light on" Permit to Place.. 166 430 INDEX TO ORDINANCES. Page Buffers, see Railroads Buggy, Cleaning on Street 14 Bulls 317 License Fee 125 See also "Animals" and "Cattle" Bunkers (Coal) 269 Burials, Permits for 236 Contagious Diseases 235 Burning Rubbish 15* Canada Thistle 35 : Cannon, Discharge of 333 Captain of Police 207 To Direct Stands of Vehicles 144, *45 Car, License Fee ,, 124 See also Railroads Carriage, see "Vehicle" Cleaning in Street 14^ Standing in Street 140 Stands for 145 Catch Basins (Specifications) 183 Cattle in Street 144, 149, 271 See "Animals" Cattle, Number on Block 232 Cellar Doors in Sidewalks 141 Cement Walks (Specifications) 356 Cement Curbs (Specifications) 171 Cess Pools 227, 170 Chairs, etc., in Aisles 34 1 Changing Tracks, see "Railroads" Charities, Associated 24 Chemical Engine Companies, Fire Department 91 Salaries 91 Chimneys e 218 China Bombs 348 Chinese Interpreter 103 Chief of Police To Report Places Where Liquors Sold 129 Suspension of for Neglect i^a Order of Processions 140 Cholera, see "Contagious Diseases" Churches, Egress, etc 341 Cigarettes 326 Circus. License Fee 119 City Engineer, Duties 98 Fees of 96, 99 INDEX TO ORDINANCES. 43I City Hall-Seat of Government Janitor of Night Watchman of.. City Pound .;. **.. 27 r Poundmaster Provided for Fees of . '"" -Bond of :::::::::::::: -Animals Subject to be Taken '272 Notice of Taking Animal ' '~ What Animals to be Destroyed -Veterinary Surgeon to Examine Animals.. Owner Reclaiming M" Dogs Taken to, When .... . . ' ' .' ' ' ' ' .' .' ' * 73 -Selling or Killing Animals ' 2 ' ' ' 2 J 3 Young Dogs Exempted From '27! Animals, Dead on Premises ' Taken by Poundmaster, When.... Failure to bury on Premises Report of Poundmaster ' 2 j -Poundmaster to Notify Captain of ' Police "Before ' Killing Animal City Numberer City Prison, Passing Liquors 'into' ] City Supplies -Contracts for (in excess of $100) by Board of Public Works 100 -Requisition for -Approved by Council, When ',] ^ Approved by Finance Committee, etc -Receiving and Weighing City Physician or "Health Officer" Duties of -Inspection of Infected' Premises "by" Placards on Infected Premises by... Quarantine Established bv -Salary of 24 > 2 ** Sanitary Inspector Under Orders of 9 1 City Wharfinger . -Bond of .'.'." 26 4 City Wharves * 6 * -City Wharfinger, Powers, Duties, Salary -Damages by Vessel.. -Dockage Fees '''' License Fee Rubbish on ............ I3 3 Steam Engines on, Regulated.. f? 9 209 432 INDEX TO ORDINANCES. City Wharves Continued. Page Tolls and Fees 267 To be Kept in Good Repair 33& Claims Against City Requisition to be Attached 107 Verification of 319 Clairvoyants. Mediums, etc . , 119 Clothes, Cleaning in Streets . 140 Coal Bunkers 269 Coal Oil, Storage of 3-P Explosives and Combustibles Generally 321, 326, 338 Cocaine 231 Combustible Material (Storage of) 321, 326, 338, 340 Concealed Weapons 332 Concert Halls, License Fee 118 Concrete for Curbing E 58 For Street Work (Specifications) 176, iy) Condemned Material, Sale of 102 Contagious Diseases Physicians to Report Cases of 23.5 Typhus, Yellow Fever, Asiatic Cholera, Small Pox, Diph- theria, Scarlatina, Typhoid, Malarial Fever 233, 235 Householder to Report Same 233 Dead Body, Bringing Into City 239 Deaths From, to be Reported 233 Immediate Burial 235 Hospital for 240 Quarantine 240, 242 Lower Animals Having 246 Fumigation 25-) Contract for Supplies 100 Corporation Yard 108, 103 Keeper 103 Corpses 239, 235, 236 Corrugated Iron (Fire Limits) 224 Coupon, on Sale of Goods 346 Courts, Supplies for 107 Cows Number of Per Block 232 Sanitary Conditions Where Kept 237. 247 Impure or Diluted Milk 247 Running at Large 271 Driving Through Streets 143 Staked Out in Certain Places 149, 272 Cream, Impure, etc 247 Crosswalks (Specifications) 173, 174 INDEX TO ORDINANCES. 433 Crosswalks (Specifications) Continued. Page Obstructing ............................................. 14 1 Crowds in Streets, to "Move On" ............................... 142 "Cubic Air Ordinance" , ........................................ 226 Culverts (Specifications) .................................... 172, 173 Curbs (Specifications) ..................................... 156, 170 Granite Within Fire Limits .............................. I5g "Curfew" Ordinance ........................................... 3-24 Dairies Selling Impure or Diluted Milk ......... ................... 247 Registry at Health Office ......... . ....................... 248 "Skimmed Milk" ........................................ 248 Diseased Cows, Milk From ............................... 248 Right of Inspection ....................................... 248 Analysis of Milk ....................................... 240 Employes With Contagious Disease ....................... 240 Inspector of Milk, etc., Duties, Salary .................... 255 Dance Houses ................................... oj - License Fee ...... ............................... T 2!J Dead Animals ........... . ..................................... 271 Dead Bodies Burial, Immediate, When .................................. 233 Burial, Permits for ...................................... 236 Contagious Disease, Body Brought Into City .............. 239 Transporting Foreign Dead Bcdy Through Streets, Permit for ............................................... 2 j.'j Dedication of Streets (Acceptance of) ........................... 137 Defacing Walks, Fences, etc., for Advertising ................ 325, 348 Demands Against City To be Accompanied by Requisition ........................ !O7 Verification of ................................... , r ,\ Deposit of Ashes I4J On Construction of Walks and Curbs ................... . . . i5g On Construction of Private Sewer .................. ...... 16^ By Companies Using Poles ........................... !&, On Digging Up Street or Walk ..... .................. ,52. 154 On Laying Gas, Water, etc., Pipes ..................... ... I95 On Refilling Excavations ......................... 2^ Detectives ................... Digging Roadway or Walk ........................... T ; 2 I -' Diphtheria, see "Contagious Diseases" Disabled Horses at Large ....... ................. 318 311 Discharge of Cannon .......................... Of Firearms .................. Of Fireworks ............. ; ____ Of Firearms by Minor. . 434 INDEX TO ORDINANCES. Page Diseases, see "Contagious Diseases"- Diseased Animals 246, 272, 318, 3U Anthrax 246 Glanders 318, 246 Farcy, Foot and Mouth Disease 246 Hydrophobia Pleuro-Pneumonia 246 Tuberculosis, Texas Fever 246 Poundmaster to Kill, When 272 Worn Out or Diseased Not to be at Large 310 Actinomycosis 246 Veterinary Surgeon to Report Cases of 246 Disinfection 259 Dockage, Generally 264-266 Fees, Tolls 266 Docks 264-266 Rates, Tolls, etc 266 How Kept in Repair 336 License Fee 133 Dogs At Large 273 Impounding 273 License Fee 121 Licensing 109, 112 Register of 109 Vicious to be Killed 109, no Young Dogs Exempted 274 Dog Tags Auditor to Prepare in Tax Collector to Procure 109 Tax Collector to Register 109 Doors, in Fire Limits 212 In Public Buildings 219 Doorstep on Street 139 Drains and Sewers, Drainage and Plumbing of Buildings 228, 229, 249, 260 Emptying on Streets Prohibited 228 Inspection of Work 250, 251, 252, 261 Plans and Drawings 229 250, 254 Rules Governing Laying of 250-254 Specifications 250 Work Condemned 254 Material, Quality of 250 Street Connection 250 Private Sewer Connection 250 INDEX TO ORDINANCES. 435 Drains and Sewers Continued. p Crossing Lots Forbidden 25O J ints ; 250, 261 Connections 2 $i 252 Packing ^ Cesspools '. 2 - : Permit for Connecting with Public Sewer 25 c Testin g 251, 254 Covering Up 2f5l House Drain ..251 260 Cleanouts 251 261 Tra P 251, 252, 253, 254 Flue of Brick, etc., as Ventilator 252 "T's" Forbidden, When 252 Soil Pipe 252 , 253, 254, 26t Waste Pipes 252, 253, 254, 261 -Vent Pipe ,52, 2 - 3> 2M ^ Coating Pipe, etc 2 - 2 Air Pipes 2 C2 Water Closets 25 ' 2 ~ 8 Buildings Unfit for Habitation 244 Burials, Funerals, etc 2 ^ s 2 ^ Cattle (Number per Block, etc) 232, 237 Cesspools and Privy Vaults 227,' 251 Contagious Diseases 233, 235, 239, 240, 242, 246, 247 - air | eS '. 247, 255 - ead Bodles 235, 236, 2 3y ^ rams 228, 229, 243, 249, 260 Drugs, Opium, etc 2 ^ o Fumigation 253 -Health Officer! ".'.'.".'.I i^,' 94,' 95,' 240, 2*2 Hospital - Inspector g Lake Merritt, Sewering Into 23 ^ Meats and Provisions.. ,,.,, TT <'o4> 255, 20.5 Milk Unwholesome, etc 247 2 e- -Nuisance '/. \""" ]\\ \\\ '" / ^ -Permits for Burial or Removal of Dead Bodies 236 -For Removal of Patients Having Contagious Disease 241 -Placarding by ......242, 244 Plans for Drainage and Plumbing 22Q Plumbing and Sewerage 24Qj 2(5o Plumbers (Registration, etc) 2 ^ -Quarantine '/.['.'.'.'.'.'.'.'.'.'. '.'.240,241 -Report by Health Officer of List of Plumbers . 220 -Rbbish ' ' ' ^ -Sanitary Inspector '. '.248,' 249 Sewers and Sewering 2 . ---Stagnant Water ' ' 2 'g ' ^ Vaccination -Veterinary Surgeon .'.'.'.'.'.'; .' .' .' .' .' .' .' .' .' .' .' .' .' ' " 2 ' 6 ' Heavy Doors Forbidden in Fire Limits 2I o Hides, Keeping or Tanning Forbidden ' , T 6 Hitching Horses, etc., on Streets Hogs, at Large .'.'.'.'.'.'.'.'.'.' .' 272 -To be Kept in Sanitary Condition Horses At Large Diseased or Disabled.. ^* ",Y ", Estrays - Glanders 440 INDEX TO ORDINANCES. Horses Continued. Page Impounding 271 Killing by Poundmaster 273 Leaving on Street Unhitched 331 Sanitary Conditions 237 Selling by Poundmaster 273 Redemption by Owner 273 Stallions 317 License Fee 125 Untied on Street 331 Veterinary Surgeon, to Inspect City's Horses 255 Hospital for Contagious Diseases 240 Houses, Extending Into Sidewalks 139 Of 111 Fame 334 Hydrants (Fire) 209, 210 111 Fame, Houses pf 334 Impersonation, of Officers 3'-$ Of Opposite Sex 322 Ingress and Egress, Means of, From Public Buildings 341 Inspection of Diseased Animals 255 Of Meats, Milk, etc 255 Of Drains, Sewers, Plumbing 250-252, 261 Of Pawnbroker's Register 336 Of Saloons 129 Inspector of Markets, Meat and Milk, see "Veterinary Surgeon" Access to Places Where Milk is Kept 248 Duties, Salary, etc 255 To Give Notice of Diseased Co 248 Inspector, Sanitary Duties, Salary, etc 95 Shall Have Access to Places Where Milk, etc., is Kept 248 Inspector, License 90 Bond of 90 Police Officers Are Assistant Inspectors 1 14 Powers and Duties 89, 113 Insurance Agents, License Fee 119 Intelligence Offices, License Fee 1 18 Interpreter, Chinese for Police Court 103 Intoxicated Person, Liquor to 128, 129 Intoxicating Liquors Generally 126, 131, 347 License Fee 130 Passing Into City Prison 322 Iron Doors in Fire Limits Forbidden % 212 Iron in Buildings Within Fire Limits 224 Corrugated or Sheet Iron 224 INDEX TO ORDINANCES. 441 Jacks and Jackasses License Fee ........................ Staked Out or at Large ............... Janitor City Hall ............................ ........ IO - Job Wagon ..................................... ]" ' ? Keeper, Corporation Yard ..................... Keepers of Parks ......................... Are Special Police Officers ............... Kerosene, see Also "Combustible Materials Kites, Flying of ................................ """ ' . Lake Merritt, Sewerage Into ..... Boats on ................... Bathing in ....................... .......... Lamps on Carriages .......................... Lamp Holes (Specifications) ................ .% Laundries, License Fee .......... Within Fire Limits .................... "^ Lecture Halls, Means of Exit .................... Chairs in Aisles, etc ........... License .. .. ..................................... 1 10-125 Auditor to Prepare ........................... : u Badges ........................ "'' Benevolent Objects . Bulls ........... ...... ......... Conviction Does Not Exempt.. T-x ....................... 114 Dogs ....... ........................... . .......... IOQ Evidence in Case ........ ... Exhibiting . . . . ____ Free, When ...... ................... Jacks ............. -Liquor License ...... '. '.'.'. '.'.'. '. '. \ \ '. \ \ \\ \ \\\\ '.'.'.'.'.'.'.'.'.'. '.'1^3? Bond ......... Rate of ..... ................ Money Paid Treasurer ...... ' Not Assignable ............... Payable, How and Where.. Peddlers ..... Defined . -Penalty .......... '.'.'.'.'.'.'.'.'.'. Policemen are Inspectors of.. Procured When ............. "Quarter" Defined . -Rates ............ .....'.'::; ................... ;; I2s -Record of, Tax Collector to Keep .'. Revocation of Liquor License. ...................... I2Q 442 INDEX TO ORDINANCES. License Continued. Page "Runner" Defined 116 "Solicitor/ 1 "Soliciting Agent" 116 Stallions 125 Sworn Statement of Tax Collector 113 Tax Collector, Duties as to in, 113 Telegraph and Telephone Poles 189 Term 112, 117 Wharves , 13 * When Paid 112 Who to Pay IID License Committee 123 Licensing Dogs 109, 1 12 License Inspector Bond of 90 Police Officers are Assistant Inspectors 114 Powers and Duties 89 Powers and Duties of License Officers Generally 11.3 Salary 89 License, of Sale of Liquors, see "License" 126, 131 Bond .' 127 Rate of 130 License Officers, Powers and Duties 113, 129 Lights at Excavations, etc 141, 170, 171 Lights on Vehicles 131 Lines of Certain Streets Established, List of 138 Twelfth Street ? Fallen to First avenue 167 Liquor Ordinance 126-131 Liquors in City Prison 322 Liquor Saloons, License Fee 130 Open When 347 Regulating 126-131 Livery Stables. License Fee 198 Lodging in Barns, etc 320 Lost Animals 275-276 Lottery 344, 345 Lumber Dealers, License Fee 124 Macadam (Specifications) 174-175 Malarial Fever 233, 235 Malt Liquors, see "Intoxicating Liquors" Manholes (Specifications) 183 Manure 245 Maps, Surveys, etc pg Markets, Condition of 234-235 INDEX TO ORDINANCES. 443 Markets Continued. Pa v. Inspector of 2 e- Market Inspector Access to Places Where Milk Kept 248 Duties and Salary of 255 To Give Notice of Diseased Animal 248 Mayor Permit by to Carry Weapon 332 Permit by to Drive Cattle I44 Approval of Requisition by... I O -? Meat Cleaning in Street I4O Unwholesome 234 Inspector of 255 Freshly Slaughtered , 263 Mediums, License Fee no Meetings on Streets . 202 Menageries, License Fee ug Messenger Service, License Fee i 22 Midwife . 2 ig Milk Adulterated or Unwholesome 247 Inspector of 255 Milch Cows, see "Cows" Minors, Boating on Lake Merritt 354 Cigarettes 326 Firearms 33 \ Liquors , 326, 128, 129 -Steam Cars 323, 343 Street Cars 343 Streets at Night 32.1 Monument Street nrj Morphine . 231 "Move On" Ordinance I4 > Mules, at Large . ' 2 j\, Disabled or Worn Out 349 Not to be Left Unhitched 331 See also "Animals" Municipal Licenses 1 10-125, 126-131 Municipal License Committee 12$ Musicians, Street, License Fee 125 Names of Streets Changed .' 134-137 Posted 194 Nauseous Substances 238 444 INDEX TO ORDINANCES. Pa g Night Watchman (City Hall) 104 Nitro Glycerine, Powder, etc 338 Notice by Superintendent of Streets To Repair Walk 147-148 Of Digging Up Street. 154 Nuisance Certain Things Declared 261, 316 Hides, Tanning of 316 On Streets 140, 162, 238 Suppression of 316 Slaughter Houses 316 Numbering Buildings 277, 279, 280, 281, 283, 284, 285, 288 General Provisions 282 Obstacles in Aisles 341 Obstructing Fire Apparatus 210-211 Fire Hydrant 210 Orders lO'J Street or Walk (see "Sidewalks") 142 By Crowd ("Move On") *. 142 Building Material, etc., on 166 Building Material, etc., on 166 Weeds, Grass, etc 192 Obstructions in Buildings (Egress, etc) 21 1 Offal 245, 140 Offensive Substances 238 Offensive Trades 316 Offices (Where Located) 87 Officers, Impersonation of 328 Opening of Streets, List of Ordinances 369 Open Trenches, Lights Near at Night 141 Opium, Sale Regulated 230 Dens 323 City Prison 328 Order Agents Denned 1 16 License Fee 123 Paper Thrown Into Streets 140 Parks, Where Admission Charged, License Fee 125 Keepers, Salaries lot Keepers to Have Powers of Special Police Officers 101 Protection of . . ' 349 Party Walls, in Fire Limits 216 Paving. Bituminous (Specifications) 176 INDEX TO ORDINANCES. 445 Paving Continued. pji e Generally, see "Streets" r 0g Pawnbrokers, License Fee ., z Ig Register of 33 5 Peddlers, Defined u ^ I2 , Free License ' : r ' License Fee I2 .. On Certain Streets Forbidden ! i6, 163, 164 Standing on Streets or Walks I47 To Exhibit License : 1 2 Who Not Deemed [ Il6 Permit, by Board of Works Building Material on Street j65 Construction Curb or Walk IS9 Connecting With Public Sewer ^5 Burning Rubbish I5I Brials 236 Digging, Street or Walk ' ^ Laying Pipe, etc I99 Metal or Wooden Door 2li Plumbing 2SI Private Sewers r 5e Removal of Building l ^ o Removal of Dead. Body 230 -Sewering '.'.'.'.251, 165 Street Work by Private Contract z68, 385 Trespassing on Sidewalk by Building '. I4I Pesthouse Petition for Saloon License j,3 Petroleum, see "Combustible Materials" 340 Physician, see "City Physician" Q1 Pkkles ...isi 257 Piedmont Sanitary District 3SO Piers, see "Wharves"' Pile Drivers, License Fee 12 * Pipes, Laying, etc \\'^' ^ Pipes, Sewers (Specifications) ig-j Pistols, see "Firearms" Permit to Carry 33 ^ Regulating Discharge of 33^ Use of by Minors ". Placarding by Health Department 244. 242 Plans and Specifications (Plumbing) 250 Plumbers, Registration 22Q> 250 446 INDEX TO ORDINANCES. "'.V.' ' '_ , .' .'' i' J_, Page Plumbing and Sewerage 249, 266 Po'lice Court, see "Chinese Interpreter" Police Force, Additional Men 204, 205, 207 Policeman's Whistle 316 Police Officers Additional Men 204, 205, 207 Are Assistant Inspectors 114, 115 Chief to Report Saloons 129 Captain of Police 207 Inspectors of Licenses at Saloons 129 Keepers of Parks to Have Powers of lot License Inspector to Have Powers of 89 Powers and Duties as to Liquor Ordinance 129, 130 Processions, Duties at 140 Removal of 130 Sergeant of Police 206 Police Telegraph, Superintendent of 88 Provisions as to 213 Pool Tables, License Fee 1 18 Pools and Pool Tickets x . . . 337 Porches on Street I3Q Pound and Poundmaster Bond 271, 272 Powers and Duties Generally 271-274 Fees 273, 274 Duties of Persons Taking Up Estray Animal. 275-27') Sales by Poundmaster 273 Killing of Animal by Poundmaster 273 Redemption by Owner 273-274 Rescue From Poundmaster 275 Report of Poundmaster 275 Powder, Dynamite, etc., see Combustible Materials 338, 348 Powder Magazines (License Fee) 120 Prescriptions 130, 230 For Liquors 130 President of Council, Approval of Requisition by 107 Prison, City, Liquors in 322 Opium in 328 Private Contracts for Street Work. 385 Permits for 168 Private Sewers (Specifications) 195 **' Permits for 165 Constructed How . . 16.5 INDEX TO ORDINANCES. ^ Privy Vaufts Pa * e Prize, on Sales, etc Procession, Driving Through etc Profanity Proposals, How Made Prostitution, Houses of Provisions, Unwholesome Public Halls, Egress, etc. ....!""!!!! Public Gardens, License Fee Public Health, see "Health Department" Public Parks, see "Parks" Public Meetings on Streets Public Parks Quarantine "Quarter" Denned Under' License ' Ordinance !! Race Courses, License Fee.. Railroad (Street) Alarm Bells -Board of Works to Approve Work!! .. Buffers Crossing Steam Railroad Track . -Flagmen 3 4 ' ^ Grade of Street Changed. ..'......... Gripmen and Motormen Not to 'Leave Post" Guards ' ' -Management of Cars on Streets -Meeting, Passing, etc., of Officer of Liable x - Rails " Relaying on Change of Grade.. -Removing Track Under Permit!!.!! Repaying on Abandonment Speed of ... -Stopping on Crossing" -Trolley Wires, Safety of.... ,. -Two (2) Men Per Car.. Railroad (Steam) ;-. Boys Getting on or Off Draw Bridges, Crossing ... , , -Fares Between Stations in City -Flagmen .. ^08 ,. : -Gates at Draw Bridge.'.'.'.','.'.' Meeting, Passing, etc 298 44 INDEX TO ORDINANCES. Railroad (Steam) Continued Page Permission to Certain Company to Change Tracks. 312 Semaphores 306 Soliciting Trade on 329 Speed 296, 297, 31 1 Whistles, Blowing of 301 Rails, see "Railroads" (Street) Rams, License Fee 125 Receiving and Weighing Supplies 343 Reckless Driving 168 Records, Municipal (Located) 87 Refilling Street (Excavations) 199 Refiners, License Fee 121 Refuse Material Burning of in Streets 151 ^-Drainage of Into Street, etc 228 Throwing on Street 140 Transporting Through Street 245 Registration of Plumbers 229, 25^ Remonstrance, Against Liquor License . 128 Removal of Body 239 Removal of Buildings 180 Removing Garbage Ashes to be Separated From 258 Forbidden to Persons Generally 259 Hours Within Which Forbidden 245 Swill Wagons and Garbage Wagons to be Tight and Cov- ered 215 Sewerage, Garbage, etc.. Not to be Discharged Into 243 Rental (Ground) for Telegraph and Telephone Poles 189 Repair of Docks and Piers 336 Repairs of Sidewalks, Enforced 147, 148 Repairs of Streets, Enforced 147, 148 Report of Births 239 Of Poundmaster 275 Of Physicians as to Contagious Diseases 233 Of Veterinary Surgeon 246, 255 Of Health Officer 22f Of Sanitary Inspector 95 Of Milk Dealer on Change of Place of Business 248 Of Milk Dealer as to Contagious Diseases Among Em- ployees 249 Of Tax Collector i f r Of Chief of Police as to Liquor Houses 129 INDEX TO ORDINANCES. 449 Page Requisition for Supplies, etc 107 Resolution of Intention to Declare* What 177 Revocation, Liquor License 128, 129 Roadbed, Prepared How 177 Rock Carts Regulated igx Rubbish, see "Garbage" Burning on Street , 151 Discharging Into Sewer 243 Depositing on Streets or Public Grounds 228, 140 Filling With in Street Work Forbidden 170 Light on Rubbish Pile at Night 141 Placing on Sidewalk 141 Street to be Cleared of Before Work Done 177 "Runners," Defined . n(, Badges to be Worn by 115 License Fee 119 Salaries (see Charter for Salaries of Officers not Enumerated Here) Assistant Sanitary Inspector 96 Chinese Interpreter I0 ^ City Physician (Health Officer) 94 City Wharfinger gg Corporation Yard Keeper 103 Fire Department Chief (see Charter) Firemen Q Fire Warden IO 6 First Assistant Engineer 106 Health Officer (City Physician) 94 Janitor, City Hall IO 5 Keepers of Parks IOI License Inspector 8q Night Watchman, City Hall 104 Police Department Captain of Police 208 Detectives 205 Policeman 207 Sergeant of Police 2O5 Poundmaster (Fees) 273, 274 Sanitary Inspector qc Secretary Board of Public Works 99 Superintendent of Fire and Police Telegraph 88 Wharfinger gg Safety Wires on Electric Roads 303 450 INDEX TO ORDINANCES. Page Sale of Condemned City Property .". . 102 Sale of Animals Impounded r 273 Redemption of by Owner 273 Sales on Streets, see "Peddlers" Forbidden Within Ceitain Area 164 Saloons Inspection and Report on 129 License Fee I3' J Open When 347 Regulating . . ' 126-131 Sand Wagon for Hauling 191 Sanitary District (Piedmont) 35 Sanitary Inspector Assistant 96 Bond of 95 Powers and Duties 248 Salary of 95 Scarlatina 233, 235 'School Bond Ordinances, Index 383 Scotch Thistle 35* Seat of Government 87 Secretary, Board of Public Works 99 Semaphores 306 Sergeant of Police 206 Sewerage Into Lake Merritt Forbidden 237 From Outside of City 243 Sewers, Construction of Private. '. 165, 195 Construction of Pipe Sewers, etc 183 Generally 243, 249 Lake Merritt 237 Piedmont Sanitary District 350 Permits , 251, 165 Tapping Public Sewer 165 Specifications for Private or Side Sewers. , . '. 195 Specifications Generally 249 When Open, Lights to be Placed at Night 141 Sex, Dress of 322 Shavings in Streets I4 Sheet Iron in Fire Limits.. ~ 224 Ships, Dockage 264, 266 Shooting Galleries, License Fee 124 Sidewalks Advertising on .- .325, . 348 INDEX TO ORDINANCES. 451 Sidewalks Continued. Page ; Banners, Devices, etc., Carried on 325 Bay Window Extending Over 141 Bituminous. Specifications 150, 157 v Building Material on 140-141 Building Extending Into 139 141 Cellar Doors, Steps, etc., on 141 . . Construction of, Regulated 159 : .. Crosswalks, Vehicles on 146, 141, 145 Deposit on Issuing of Permit 159 Digging Up i 52 , 154 Displaying Goods on 142 Grass and Weeds on 192 Injury to jj! Not Ordered by Counci^ Permit for 159 Construction of 159 Obstruction of By Crowd I42 By Building Material 166 By Weeds and Grass 192 By Extending Building Over 139 By Refuse or Rubbish on 140 , Permits to Build Over 159 Peddler Carts on 147 Repairs to 147-148 , Rubbish on I4Oj i 4I; 228 Specifications for !5o, 156 Steps Extending Into 139 Vehicles Standing on 141 Weeds and Grass on 192 Sidewalks, Width of, Table Showing. 365 Width of Cement and Bituminous Walks 150, 156 Sign Painting, License Fee I2 i Skating Rinks, License Fee r 18 Slaughter Houses Prohibited 3x6 Sleeping in Barns, etc 32O Sleeping Rooms, "Cubic Air Ordinance" 226 Smallpox, etc., see ''Contagious Diseases" Smelting, a Nuisance 3I 5 Solicitors or Order Agents. Defined 116 Badge to be Worn by TI - License Fee for I2 ^ Soliciting Agents (Runners for Hotels, Boats, etc.) Defined ir6 --On Trains, Boats, etc., Without Consent of Owner.. 329 452 INDEX TO ORDINANCES. Solicitors Continued. Page License Fee 1 i) Special Police Officers ? Park Keepers are 101 Specifications (Special) Asphaltum 160 Basalt Work 172 Bituminous Paving 176 Bituminous Sidewalk 150 Bituminous Crosswalks 90 Catchbasins 188 Cement 171, 188 Culverts 172, 173 Curbing 170, 171 Flush Tanks 188 Grading 169. 177, 161 "Gutters 171 Lampholes 187 Manholes 187 Macadamizing 174 Mortar 186 Paving 160 Pipe 184, 185 Sewers, Generally 249 Sewers, Private or Side 195 Sidewalks, Generally 150, 156 Bituminous 153 Stradamant Asphaltum Crosswalks 16 1 Street Work 169, 178 Specifications (General Provisions as to) Bond Guaranteeing Work for Five Years ib Blockading Street With Work Materials, etc 161. 177 Crown of Roadway i'ji Excavations 184 Lanterns to Prevent Accident 17; Lumber 18$ Proposals , 161 Proposal Blanks 17$ Refilling 186 Refuse i6c Rejected Material to be Removed 188 Removal of Surplus Material 161, 17^ Resolution of Intention, What to Declare 161, 177 Roadbed i6r, 17"? Samples 178. ifa INDEX TO ORDINANCES. 453 Specifications Continued. P Superintendent of Streets May Order Work Stopped 161 Work to Meet Approval of 161, 178, iK-5 Water and Gas Pipes jgg " Y" Branches jgfc Speed, see ''Railroads" Spiritualistic Medium, License Fee j K, Spirituous Liquors, see "Intoxicating Liquors" Spring Gun ^- Stagnant Water *. , 237; 23 8 ( ? f,j Stakeholder, see "Pools" Stallions At Large 3 1 7 License Fee I2 ^ Stamp or Coupon Sales 345 Stands for Vehicles T45t I4 - Statement of License Receipts . II? Stationery for Departments IO7 Steamboats, Soliciting Trade on 329 Steam boilers 22 , Steam Car, License Fee I2 4 Steam Railroads, see "Railroads" Index of Franchises 3 77 Minors Getting on and off 323, 3^ Steers, see "Animals" Steps, extending Into Sidewalk I3? Stewards, see "Fire Department" Stokers, see "Fire Department" Stones, on Streets . T ..,-> Storage City Property (see "Corporation Yard") Combustibles, see "Combustibles" 326, 338 Hay, etc. . ^ 3 , 6 Stradamant Pavement and Crosswalks (Specifications) 160 Straw (Storage) , 2| On Street T , (> Strayed Animals , 275 275 Street Cars, License Fee .121 Street Musicians, License Fee 12 ~ Street Names Posting of IW Changing 134-137, 370 Street Paving (Specifications) 169-178 See "Specifications" 454 INDEX TO ORDINANCES. Page Street Railways, Index of Franchises 373 See "Railroads" (Street) Street Specifications, see "Specifications" Streets, Acceptance of 178 Animals on 144, 149- 271. 317, 319 Ball Playing in 141 Banners, Transparencies, etc., in 325 Bicycles in ; 201 Bow Windows Projecting on 141 Building Material on ....'... 140, 166 Burning Rubbish on .1 ' 151 Cattle Driven in, Regulating 144, 149 Cattle at Large in 271, 317, 319 Cellar Doors 141 Changing Names of I34-J37 Cleaning Vehicles on 140 Crowds Obstructing 14 ? Dedications Accepted 137 Digging Up 15^- 154- 19? Drains 228, 2 i.j Encroachments on 139 Establishing Lines of 167 Excavations in 184. 109, 141 Fire Apparatus, Right of Way on .... 210 Flagmen at Crossings 295. 301, 305, 307 "Flyers" Thrown Into 325 General Plan of, Adopted 134 General Specifications 169-178 Goats at Large in ' 144 Hackney Carriages in 144 Improvement by Private Contract 168, 385 Job Wagons 146 Kite Flying in 141 Lines Established 138 Names Changed 134-137 Nuisance on . . -. 140 Obstructed by Crowd 142 Opening and Closing, Ordinances. Index to 369 Passage of Trains 294, 298 Paving, etc 198 Peddler Carts on 147 Processions Regulated 140 Public Meetings on 202 INDEX TO ORDINANCES. 455 Streets Continued. Pfltrc Refilling Excavations, etc I4O> Iy y Removal of Buildings in I g o 147. 140, I9 Rubbish Thrown on 228, I40 Burning on, Without Permit ' I5I Clearing Away for Street Work I77 Filling With, Forbidden ;... I7O On Sidewalk _ 14I Sales in Certain, Forbidden m jg 4 Sewer Excavations, etc I4O> I9 3 Shade Tre I45> I47 Without Horses, on ' r , o See "Vehicles" Street Cars, License Fee I24 Regulations Generally, see "Railroads" (Street) Street Crossings, Carriages on . I4S Street Meetings Street Musicians, License Fee 12 - Street Work, Generally l6o l6 ^ By Private Contract Z 6g' ^ See also "Specifications" Superintendent Fire Alarm and Police Telegraph g8 Of Streets, Repairs " ' '. ' ^47-148 Supplies for City Contracts for IOO For Departments ..'.ioo, 107 Receiving and Weighing Surveys, Record of Suspension of Chief of Police ' I3O Sweepings Swill . 245 Swimming Within City Limits.. Swine . 237, 272 Tacks, tc., Throwing on Walks and Streets IQ; Tags, License for Dogs 456 INDEX TO ORDINANCES. Tax Collector Duties as to Licenses, Tags, etc .......................... in To Collect Liquor Licenses .............................. 128 To Designate Badges ...................... ............. 115 To Number Vehicles and Boats ......................... 115 To Pay License Fees to City Treasurer ................... 113 Sworn Statement by ..................................... 113 License Inspector to Act Under Direction of .............. 89 Tax on Dogs ................................................. IOQ Telegraph Companies, License Fee ......... .. .................. 122 Telegraph (Fire and Police Alarm) ......................... 88, 213 Telegraph and Telephone Poles Names on ............................................. 192 Rental on ................ .............................. 189 Telegraph Wires, Cutting on Removal of Building .............. 181 Theatres, Ingress and Egress .................................. 34[ License Fee ........................................... 1 18 Hats off in .............................................. 353 Thistles .................................. ................... 351 Tillerman, see ''Fire Department 1 ' Time of Closing Saloons ....................................... 128 Tolls, see "Dockage" Tracks, see "Railroads" Traffic in Streets .............................................. 164 Trains, Jumping on and off by Minors ..................... 323, 343 Soliciting on Without Consent ........................... .329 Transparencies, Advertising by ................................ 325 Trapping Birds, Forbidden ................................... 314 Trees, Cutting Down, Forbidden ............................... 314 When Nuisances ....................................... 162 Regulating on Streets ................................... 197 Removal for Street Work ................................ 170 Tricycles, see "Bicycles" ...................................... 201 Trucks and Drays, License Fee ............................. 120-121 Twelfth Street, Lines of From Fallen to First Avenue .......... 167 Typhoid, see "Contagious Diseases" Unwholesome Meats and Produce ......................... 234, 255 Unwholesome Milk ....................................... 247, 255 Vacating Building Unfit for Human Habitation ................ 244 Vaccination ................................................. 238 Vagrancy, see "Lodging in Barns" ............................ 320 Vehicles Badges for Drivers ..................................... 1*5 Boulevard, Driving on .................................. 193 INDEX TO ORDINANCES. 457 Vehicles Continued. Page Cleaning on Street 140 Carting Sand 191 Drivers to Give Numbers on Request 115 ^License Fee 120 Lamps on 131 Numbers on 115, 131-13* Obstructing Fire Apparatus 210-211 Obstructing Sidewalks 141 Obstructing Funeral or Other Procession 140 Peddler's Carts .on Walk 147 Stands for 145, 147 Standing on Street 140, 145, 147 Verification of Demands 319 Vessels, Wharfage, Dockage, etc 264, 266 Veterinary Surgeons 247, 248, 255, 272 Vulgar Language 330 Wagers 337 Wagons, see ''Vehicles" Warehouses, License Fee 120 Water Companies, License Fee 121 Water Front Ordinances, List of 380 Water Pipes IQ9, 200 Weapons . 333, 334 Weeds, on Walks 192 Weighing Supplies 343 Wharfinger, Duties, etc 264 Salary of $8 Wharves Dockage, Fees, etc 266 Keeping in Repair .' 33^ License Fee 13.1 Wharfinger 264 Whistles, Railroad 301 Policeman's Whistle 31^ Windows, Encroaching on Street 139 Wines, see "Intoxicating Liquors" Wood on Streets 14^ Wooden Awnings 162, 182, 183 Wooden Buildings, in Fire Limits 222 See also "Fire Limits" LIST OF OFFICERS OF THE City of Oakland From April 4, 1897 Mayor W. R. THOMAS Council James Henneberry First Ward F. R. Girard Second Ward M. W. Upton Third Ward C. H. Brosnahan Fourth Ward E. W. Woodward Fifth Ward Wm. Watkinson Sixth Ward H. D. Rowe Seventh Ward B. C. Cuvellier 1 Geo. J. Earl W. D. Heitman j- At Large W. B. Pringle J City Clerk J. W. Totnpkins Auditor and ex-Officio Assessor Roland W. Snow Treasurer and ex-Officio Tax Collector Z. T. Gilpin Deputies D. E. Bortree. C. F. Cole City Attorney W. A. Dow Assistant City Attorney Seymour W. Condon Deputy City Clerk E. F. Holland 460 LIST OF OFFICERS. City Engineer . . : P.. M. Clemeut Deputy City Engineer L. M. Hall Board of Public Works and Police and Fire Commissioners W. R. Thomas W. A. Dow R. M. Clement Secretary of Board, H. W. Thomas Board of Education J. Hamilton Todd, President. J. W. Evans 1 Myra W. Knox | . , H. A. Powell i John Russ J C. H. Redington First Ward E. B. Clemeut Second Ward J. Hamilton Todd Third Ward Giles H. Gray Fourth Ward David Rutherford Fifth Ward C. L. Ingler Sixth Ward Wilbur J. Wilcox Seventh Ward City Superintendent of Schools and Secretary of the Board J. W. McClymonds Assistant Superintendent and Secretary R. B. S. York Board of Health H. N. Rucker, M. D., President Geo. L. Eaton, M. D. O. D. Hamlin, M. D. John T. Kitchings, M. D. H. A. L. Ryfkogel, M. D. J. P. Dunn, M. D., Health Officer H. K. Snow, Secretary. Sanitary Inspector Samuel Smith Assistant Sanitary Inspectors E. G. Perkins, S. F. Gemmell Meat, Market and Milk Inspector and Veterinary Surgeon F. E. Pierce, D. V. S. Trustees of Free Library F. S. Page, President, Wm. D. Armes, Secretary, Lowell J. Hardy. Jr., John G. Hoyt, B. A. Rabe. Librarian Henry F. Peterson Superintendent of Streets M. K. Miller Deputy Chas. F. Ott Chief Clerk Richard B. Ayer LIST OF 6FFICERS. 46 T Superintendent Fire Alarm and Police Telegraph.. . .George H Carleton License Inspector Henrj Maloon City Wharfinger P. L. White Police Department W. F. Fletcher, Chief of Police. Captains of Police A. Wilson, F. B. Carson, Samuel H. Mitchell. Police Court J'J- Allen Judge H A. Melvin Prosecuting Attorney Wm. Hennessy ' Fire Department Chief Engineer, N. A. Ball. Assistant Engineer, Elburton Lawton.