I I GIFT ^s REVISED ORDINANCES OF Salt Lake City, Utah revised, compiled, and arranged by P. J. DALY of the UTAH BAR PUBLISHED BY AUTHORITY OF THE BOARD OF COMMISSIONERS OF SALT LAKE CITY. UTAH. 1913 Trmtint »nd Rindint it T!l K ARROW PRESS Tribi, r I'tinilng Co. :ah $ : **& \ GENERAL TABLE of CONTENTS i. I'Ki >A [SIONS I IF NIK ( I >NSTITU Ni >\ < >F l"!' AH APPLICABLE TO SALT LAKE CH ^ II. LAW S i IF UTAH APPLICABLE I l l SALT K AKE CITY. III. REVISED ORDINANCES OF SALT LAKE CITY. Chapter] Repeal of Existing Ordinances, ( Chapter 1 1. Animals. < 'hapter III. Auctioneers. 1 hapter IV. Automobile. Garage, Regulation of. elc. I hapter V. Board i A I [ealth. ■ter\ I. Boundaries of Salt Lake City. Chapter VII. Bucket Shops, Bucketing. Definition of \\ ords and Phra Chapter VIII. Building Ordinance. t hapter 1 X ( it\ Auditor. ( hapter X. < it) Cemetery. Sexton. Chapter XI. City Creek Canyon. Chapter XII. City Electrician. Chapter XIII. City Engineer. ChapterXIV. City Pound, Estrays Chapter XV. Cit) Purchasing Agent. Chapter XVI. ( ity Recorder. Chapter XVII. City Treasurer. Chapter XVIII. Claims, Damag Chapter XIX thes Cleanin; ilishments Reg ulation of, Chapter XXI. Doj Chapter XXI I. Employment Offio (hapter XXIII. Explosives and Combusl ( hapter XXIV. ntii swu Chapter XXV. Firearms. Sale to Minors. Chapter XXVI. Fire Department. Chapter XXVII. Fire .Marshal. Chapter XXVIII. Franchises, Special Privileges. Chapter XXIX. ('.ambling'. Gaming. Chapter XXX. Humane < Ifficer. Chapter XXX 1 Intoxicating Liqii' irs. i 'hapter XXXII. Law Department. Chapter XXXIII. Licenses. Chapter XXXIV. A 1 a yor. Chapter XXXV. Municipal Government Officers. Chapter XXXVI. Municipal Ward-. Chapter XXXVII. Oaths, Bonds. Chapter XXXVIII. F'arks, Public Grounds. Chapter XXXIX. Pawnbrokers, Salary Loan Agency. Chapter XL. Plumbing Department. ( "hapter XLI. Police Department. Chapter XLII. Poll Tax. Chapter XLIII. Prisoners. City Prison. Chapter XLIV. Public Dance Halls, Dancing Academies Chapter XLV. Public Offenses. . Chapter XLVI. Public Works. Chapter XI A II. Railroads. Street Railroads. Chapter XLVIII. Revenue, Board of Estimate and Appor- tionment. < 'hapter XLI X. Seal of Salt Lake City. Chapter L. Second-hand and Junk Dealers. Chapter LI. Sewers. ( 'hapter LII. Sidewalks. Chapter LIII. Sign--. Awnings, Arches. Chapter LIV. Special Taxes. Chapter LV. Streets. Chapter LV] Streets and Irrigation. Chapter LVII. Streets. Traffic and Travel on. Chapter LVII] Telegraph. Telephone. Street Railroad Electric Wire- and Poles Chapter LIX Vacancies. Chapter LX. Vehicles. Chapter LX I Water Supply and Water Works. PROVISIONS OF THE CONSTITUTION OF THE STATE OF UTAH APPl iCABLE TO SALT LAKE CITY, UTAH NSTITUTIOX. ARTICLE I. DECLARATK >N I 'I RK 1HTS. Sec. 4. Religious liberty. The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for an) office of public trusl or for any voti any nor -hall any person bi incompetenl as a witness uror 'Hi account "i religious belief or the absence thereof. There shall be m > union of (lunch and State nor shall any church dominate the State or interfere with its functions. Mo public monej or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of an, esiastical establishment. No iert\ qualific; shall In- required of any person to hold offi pt as provided in ihi> Constitution. Due process of law. \*o person de- prived "t" life, liberty. i>r property, withoul due pn Offenses bailable. All p shall be bailable sufficient or the presumption 2 CONSTITUTION OF THE STATE OF UTAH. 9. Excessive bail and fines. Cruel punishments. Excessive bail shall not be required : excessive fines shall not be imposed : nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor. Sec. 10. Trial by jury. In capital cases the right of trial by jury shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consist of four jurors. In criminal cases the verdict shall be unanimous. In civil cases three-fourths of the jui may find a verdict. A jury in civil cases shall be waived unless demanded. Sec. 11. Courts open. Redress of injuries. All courts shall be open.- and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay : and no person shall be barred from prosecuting or defending before any tribunal in this . by himself or counsel, any civil cause to which he is a party. Sec. 12. Rights of accused persons. In criminal pi cutions. the accused shall have the right to appear and de- fend in person and by counsel, to demand the nature and cause of the accusation against him. to have a copy ther to testify in his own behalf, to be con by the witn against him. to have compulsory process to com- pel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person. final judgment, advance monev or fees t secure the rights herein guaranteed. The accused shall not be compelled to I I i\M I rUTN >N OF THE SI A I 1 01 i I'AII. 3 evidence againsl himself; a wife shall not be compelled to testif) againsl her husband, nor a husband againsl lu^ wife, nor shall any person be twice put in jeopardj For the same offense. Sec 14. Unreasonable searches forbidden. Issuance of warrant. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warranl shall issue but upon prol i cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized. 17. Elections to be free. Soldiers voting. All elections shall he free, and no power, civil or military, shall at any time interfere to prevenl the tree exercise of the righl of suffrage. Soldiers, in time of war. may vote at their posl of duty, in or out of the State, under regulations t,i be prescribed by law. 18. Attainder. Ex post facto laws. Impairing contracts. No bill of attainder, ex post facto law, or law iring the obligation of contracts shall he passed. 22 Private property for public use. Private prop- perty shall not be taken or dam ■• public use with, nit compensation. 23. Irrevocable franchises forbidden. No law ranting irrevocably any franchi immunity. 24. Uniform operation of laws. All la all have mi Rights retained by people. This enumeration construed to impair or denv otl 4 CONSTITUTION OF THE STATE OF UTAH. ARTICLE III. ORDINANCE. The following ordinance shall be irrevocable without the consent of the United States and the people of this State : Free, non-sectarian schools. The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all the children of the State, and be free from sectarian control. ARTICLE IV. ELECTIONS AND RIGHT OF SUFFRAGE. Section 1. Equal political rights. The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges. Sec. 2. Qualifications to vote. Every citizen of the United States, of the age of twenty-one years and upwards, who shall have been a citizen for ninety days, and shall have resided in the State or Territory one year, in the county four months, and in the precinct sixty davs nexl preceding any election, shall be entitled to vote at such election except as herein otherwise provided. 3. Electors: immunity from arrest In all c; except those of treason, felony or breach of the peace, elecl shall be privileged from arrest on the days of election, during their attendance at elections, and to and returning therefrom. Sec. 4. Id. From militia duty. No elector cr>< >n convicted of treason, or crime against the elective franchise, unless restored to civil -hall be permitted to vote al any election, or be eligible to hold office in this State. Sec. 7. Property qualification forbidden, when. Except lections levying a special tax or creating indebtedness, no property qualification shall be required for an) person to vote "V hold offii Sec. 8. Ballot to be secret. All elections shall be by ■t ballot. Nothing in tbi~ section shall be construed to prevent the use of an\ machine or mechanical contrivance the purpose of receiving and registering the ction: Provided, Thai secrecy in voting be preserved. Elections, when held. Terms begin, when. All for municipal and school offio shall be held on the Tuesday next following the rtday in November of the year in which th< n is held. Special tions may be 1 /ided by law. The terms ! at any general election shall com in the tirM Monday in January next following the i. Municipal and Si ay be provided by law. Oath of office. \11 intive bj th tution or by the laws made in 6 CONSTITUTION OF THE STATE OF UTAH. suance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that 1 will support, obey and defend the Constitution of the United States and the Constitution of this State and that I will discharge the duties of my office with fidelity." ARTICLE V. DISTRIBUTION OF POWERS. Section 1. Three departments of government. The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. ARTICLE VI. i Section 1. Power vested in Senate, House and People. The legislative power of the State shall be vested: 1. In a Senate and House of Representatives, which shall be designated the Legislature of the State of Utah. 2. Tn the people of the State of Utah as hereinafter stated : The legal voters or such fractional part thereof of the 'if Utah, a* may l>e provided by law. under such conditions and in such manner and within such time as may be provided by law. may initiate any desired legislation and cause the same to be submitted tn a vote of the people for approval or rejection, or maj require anv law passed by the Legislature (except those laws passed by a two- thirds vote of the members elected 'to eaeh house of the I I IN ON Ol I III si \ II. - M UTAH. 7 fislature) to be submitted to the voters "i" the State before such law shall take effect, The legal voters, or such fractional pari thereof, a-* may l>e provided l>y law, of any legal subdivision ol the State, under such conditions and in such manner and within such time as maj be provided by law, maj initiate any desired legislation and cause the same to be submitted vote of the people of said legal subdivision for appn or rejection, or may require any law or ordinance passed by the law-making bod) ol said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect. Enumeration of private laws forbidden. The Legislature is prohibited from enacting any private or special in tlir following ca 1. < Granting divorce. Changing the names of persons "r places, or consti- tuting one person the heir-at-law of another. 3. Locating or changing county seats. 4. Regulating the jurisdiction and duties of Justices of Punishing crimes and misdemeanors. Regulating th Providing for a change of venue in civil or criminal >ns. 9. Regulat ing the int. i ion. 11. Regulating county and township affairs. 12. In. ivns or villages; changing or any cil n ..r village: la; town plats. In public grounds, lie or mi I i t v . 8 CONSTITUTION OF THE STATE OF UTAH. 14. Authorizing persons to keep ferries across streams within the State. 15. Remitting fines, penalties, or forfeitures. 16. Granting to an individual, association or corporation any privilege, immunity or franchise. 17. Providing- for the management of common schools. 18. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed. The Legislature may repeal any existing special law relating to the foregoing subdivisions. In all eases where a general law can be applicable, no special law shall be enacted. Nothing- in this section -hall be construed to deny or restrict the power of the Legislature to establish and regulate the compensation and fees of county and township officers; to establish and regulate the rates of freight, passage, toll and charges of railroads, toll roads, ditch, flume and tunnel companies, incorporated under the laws of the State or doing business therein. Sec. 27. Legislature cannot release certain debts. The Legislature shall have no power t" release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or person to the state, or to any munici- pal corporation therein. Sec 29. Municipal powers not to be delegated. The Legislature shall not delegate to any special commission, private corporation or association, any power to make, super- vise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform anj municipal functions. Sec. .SO. Extra compensation to officers and contractors forbidden. The Legislature shall have no power to grant, CONSTITUTK IN I IF I Ml STAT] • IF U I' \ll 9 nr authorize any county or municipal authority to grant, anj extra compensation, Fee oi allowance to any public officer, agent, servant nr contractor, after service has been rendered or act has been entered into and perfon in whole or in part, nor pay or authorize the paymeni any claim hereafter created against the State, or any county or municipality of the State, under any agreement or con trait made without authority of law; Provided, That this section shall nol apply to claims incurred b) public offii in the execution of the laws of tin- State. 31. Lending public credit foi bidden. The Legis- lature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend it- ere. lit or subscribe to stock or bonds in aid of an) railroad, telegraph or other private individual or corporate enterpri undertaking. ARTICLE VIII. JUDICIAL DEPARTMENT 1. Judicial powers, how vested. The Judicial power of the State shall be vested in the Senate sitting a- ■urt of impeachment, in a supreme court, in district court-, in justices of the peace, and such other courts in the Supreme Court as ma\ be established by law. Jurisdiction of district courts. The District hall have original jurisdiction in all matters civil mal. m ■ ted in this Constitution, and not hibit lw : appellate jurisdiction from all inferior courts •til a supervisory control of the same. Th< Dist its ,,r any judge thereof, -hall have power to corpus, mandamus, injunction, warrant irari, prohibition ami other writ- neces arrv in' judgments and 10 CONSTITUTION OF HIE STATE OF UTAH. .in.l to give them a general control over inferior courts and tribunals within their respective jurisdictions. Sec. 8. Justices of the peace. Jurisdiction, etc. The legislature shall determine the number of justices of the peace to be elected, and shall fix bj law their powers, duties and compensation. The jurisdiction of justices of the peace shall be as now provided by law, but the Legislature may restrict the same. Sec. ". Appeals from district court: record, etc. From justices' courts. From all final judgments of the district courts, there shall he a right of appeal to the Supreme Court. The appeal shall be upon the record made in the court below, and under such regulations as may be provided by law. In equity cases the appeal may be on questions of both law and fact: in cases at law the appeal shall be on questions of law alone. Appeals shall also lie from the final orders and decrees of the Court in the administration of decedent estates, and in cases >.>i the District Courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute. Sec. 15. Judges shall not appoint relatives to office. No person related to any judge of any court by affinity or consanguinity within the degree ^i first cousin, shall be appointed by such court or judge to, or employed by such court or judge in any office or duty in any court ol which such judge max be a member. Sec. IS. Style of process: "The State of Utah." The style of all process shall be. "The State > shall absent himself from the State or district for more than ninety consecutive days, shall be deemed to have forfeited his office: Provided, Thai in case of extreme necessity, the Governor may extend the leave of absent such time as the necessity therefor shall exi ARTICLE X. Sec. _'. Defining what shall constitute the public school system. The public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools, an agricultural college; a university; and Mich other schools as the Legislature ma) establish. The common schools shall be free. The other departments of the system shall be supported as provided bj law. (Amendment adopted November 8th, 1910.) 3. Declaring what shall constitute the state school fund, and providing for the apportionment of high* school funds. The proceed- of all lands that have been or may granted by the United Sta his State, for the support of the common schools; the proceeds of all property that may lie to the State by escheat or forfeiture: all unclaimed shares and dividends of any corporation incorporated under the laws of this State; the proceeds of the sale of timber, mineral or other property from - other than th inted for specific purposes: and ■mi of the net proceed- of the sale of public lands lying within the State, which -hall In- -..Id by the United States, subsequent to the admission of this State into the Union, shall he and remain a perpetual fund, to he called tin Si School Fund, the inti which only, together with such "ther mi gislature may provide, -hall he dis- tributcd among tin hool district 12 CONSTITUTION OF THE STATE OF UTAH. the school population residing therein. Provided, That all funds derived from any State tax for high schools shall be apportioned among the several cities and school districts according to the attendance at the high schools therein; but no city or district shall.be entitled to any part of the fund derived from the State tax for high schools unless the high school therein is maintained upon the stand- ard and for the period during the year that may be fixed by the State Board of Education. (Amendment adopted November 8th, l r 'li> Sec. 6. Separate control of city schools. In cities of the first and second class the public school system shall be controlled by the Board of Education of such cities. separate and apart from the counties in which said cities an located. (Amendment adopted November 6, 1900.1 Sec. 1_\ No religious or partisan tests in schools. Neither religious nor partisan test or qualification shall lie required of any person, as a condition of admission, as teacher or student, into any public educational institution of the State. See. 13. Public aid to church schools forbidden. Neither the Legislature nor any county, city, town, school district or either public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part, by any church, sect or denomination whatever. ARTICLE XI. COUNTIES, CITIES AND TOWNS. Section 1. Existing counties, precincts, etc., recognized. The several counties of the Territory of Utah, existing at the time of the adoption of this Constitution, are hereby CON ON I IF THE SI A II- I >F UTAH. 13 as legal subdivisions of this State, and tin precincts, and school districts, now existing in said counties, legal subdivisions thereof, and they shall so continu until changed by law in pursuance of this article. Sec. _'. Removal of county seats. No County Scat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general eled shall vote in favor of such removal, and two-thirds of the votes cast on the proposition shall be required to re-locat< a county seat. \ proposition of removal shall net he sub mitted in the same county more than once in four years. 3. Changing county lines. No territory shall he stricken from any county unless a majorit) of the vo living in such territory, as well as of tin- count) to whicl it is to he annexed, shall vote therefor, ami then onlj under such cond s may he prescribe. I by general law. 4. Uniform county government. The Legislatun shall establish a system of County government, which shall iniform throughout the State, and by general laws shall provide for precinct and township organi 5. Special municipal charters forbidden. Corpora municipal purposes shall not be created by special laws: the Legislatui . ral laws, shall provide for the incorporation, organization, and classification of cities towns in proportion illation; which laws ma- iled. Municipalities forbidden to sell waterworks or rights. No mun shall directly, or indin if any waterworks, water ri or - suppry now. or hereafter to be owi h\ it : but all such water and pply now owned or hereafti 14 CONSTITUTION OF THE STATE OF UTAH. acquired by any municipal corporation, shall be preserved, maintained and operated by it for supplying; its inhabitants with water at reasonable charges : Provided, That nothing herein contained shall be construed to prevent any such municipal corporation from exchanging water rights, or sources of water supply for other water rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants. ARTICLE XII. CORPORATIONS Sec. 3. Legislature not to extend or validate franchises. The Legislature shall not extend any franchise or charter. nor remit the forfeiture of any franchise or charter of any corporation now existing, or which shall hereafter exisl under the laws of this State. Sec. 4. "Corporation" defined. Suits. The term "Cor- poration," as used in this article, shall be construed to include all associations and joint-stock companies having an}- powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 6. Privileges of foreign corporations. No con tn ins organized outside of this State, shall be allow ed to transact business within the State on conditions more favor- able than those prescribed by law to similar corporations organized under the laws of this Stale. Sec. 7. Limitation on alienation of franchise. No cor- poration shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities * CONSTITUTION OF THE STATl i Ml IS of the lessor, or grantor, lessee or grantee, contracted 01 incurred in operation, use or enjoyment of such franchisi am of its privileges 8. Consent of local authorities necessary to use of streets. No law shall be passed granting the righl to construct and operat reel railroad, telegraph, teleph or electric light plant within an) city or incorporated town, without the consent of the local authorities who have control of the street or highway proposed to be occupied for such pur pi Sec. 10. Corporations limited to authorized objects. No corporation shall engage in any business other than that expressl) authorized in its charter, or articles of incorpora- tion. 11. Franchises may be taken for public use. The the right of eminent domain shall never be so Iged or construed as to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property ndi\ iduals. Common carriers. All railroad and other trans- arc declared to be common carriers, and control; and such companies shall ive and transport each other's pas; ight, ■ delay. 13. Competing railroads not to consolidate. i shall consolid >ck, pro] railroad corporation ting line. Armed bodies not to enter state, when. n shall brin the 16 CONSTITUTION OF THE STATE OF UTAH. peace, or for the suppression of domestic trouble without authority of law. Sec. 17. Employe of corporation ineligible to municipal office, when. Xo officer, employe, attorney or agent of any corporation, company or association doing business under, or by virtue of any municipal charter or franchise, shall be eligible to or permitted to hold any municipal office, in the municipality granting such charter or franchise. Sec. 19. Blacklisting forbidden. Every person in this State shall be free to obtain employment whenever possible, and any person, corporation, or agent, servant or employe thereof, maliciously interfering or hindering in any way. any person from obtaining, or enjoying employment already obtained, from any other corporation or person, shall be deemed guiltv of a crime. The Legislature shall provide by law for the enforcement of this section. Sec. 20. Trusts and combinations prohibited. An}' com- bination by individuals, corporations, or associations, having for its object or effect the controlling of the price of any products of the soil, or of any article of manufacture or commerce, or the cost of 'exchange or transportation, is prohibited, and hereby declared unlawful, and against public policy. The Legislature shall pass laws for the enforcement of this section by adequate penalties, ami in case of incor- porated companies, if necessary for that purpose, it may de- clare a forfeiture of their franchise. ARTICLE XIII. REVENUE WD TAX \TIOX. Section 1. Fiscal year. The fiscal year shall begin on the first day of lanuarv, unless changed bv the Legislature. CONSTITUTION OF THE STATE OF UTAH 17 Sec. 5. Local authorities to levy local taxes. The L< ; lature shall not impose taxes for the purpose of ' any county, city, town or other municipal corporation, but may, by law, vest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such O irpi >ratioii. Sec. 6. Annual statement to be published. An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide. Sec. 8. Officer not to make profit out of public moneys. ["he making of profil out of public moneys, or using the same for anj purpose not authorized b) law, b) any public officer, shall he deemed a felony, ami shall be punished as provided by law. but part of such punishment shall be disqualification to hold public office. Sec 10. All property taxable where situated. All cor- porations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Munici- pal or other purposes, on the real and personal property owned or used bv them within the territorial limits of the authority levying the tax. ARTICLE XIV. PUBLIC DEBT. Sec. 3. Debts of counties, cities, etc.. not to exceed revenue. Exception. No debt in excess of the taxes for the current year shall be created by any county or subdi- vision thereof, or by an) school districl therein, or b) an) city, town or village, or any subdivision thereof in this Sta unless the proposition to create such debt, -hall have been submitted to a vote of such qualified electors as shall have paid a property tax therein, in the year preceding such 18 I CONSTITUTION OF THE STATE OF UTAH. election, and a majority of those voting thereon shall have voted in favi ir i if incurring such debt. Sec. 4. Fixing the limit of indebtedness of counties, cities, towns and school districts. When authorized to create indebtedness as provided in Section 3 of this Article, no county shall become indebted to an amount, including ex- isting indebtedness, exceeding two per centum. Xo city, town, school district or other municipal corporation, shall become indebted to an amount, including existing indebted- ness, exceeding four per centum of the value of the taxable property therein, the value to be ascertained by the last assessment for State and County purposes, previous to the incurring of such indebtedness: except that in incorporated cities the assessment shall be taken from the last assessment for city purposes: provided, that no part of the indebtedness allowed in this section shall be incurred for other than strictly county, city, town or school district purposes: provided, further, that any city of the first and second class when authorized as provided in Section three of this article, may be allowed to incur a larger indebtedness, not to exced four per centum and any city of the third cla--s. or town, not to exceed eight per centum additional, for supplying such city or town with water, artificial lights or sewers, when the works for supplying such water, light and sewers, shall be owned and controlled by the munici- pality. (Amendment adopted November 8, 1910.) Sec. 5. Borrowed money to be applied to authorized use. \11 moneys borrowed by, or on behalf of the State, or any legal subdivision thereof, shall be used solely for the pur- pose specified in the law authorizing the loan. Sec. 6. State not to assume county, etc., debts. The State shall not assume the debt, or any part thereof, of any countv. city. town, or school district Sec. 7. Existing indebtedness not impaired. Nothing C( INSTITUTION OF Til I I \11. 19 in iliis article shall be so construed as to impair or add to the obligation of any debt heretofore contracted, in aco ance with the laws of Utah Territory, by any county, city, town or school district, or to prevent the contracting of any debt, or the issuing oi bonds therefor, in accordance with said laws, upon any proposition for that purpose, which, rding t" said laws, may have been submitted to a vote of the ipialified electors of any county, city, town or school distr re the day on which this Constitution takes effect. ARTICLE XVI. LABOR 6. Eight hours a day's labor on public works. shall constitute a clay's work on all works or undertakings earned on or aided by the State, Count) 01 Municipal governments; and the Legislature shall pass laws he health and safety of employes in factOl smelters and mines. ARTICLE XVII. WATER RIGHTS 1. Existing rights confirmed. All existing rights : any of the waters in this State, for anv useful neficial purpose, are hereby recognized and confirmed. ARTICLE XIX. 1UILDINGS AND STATE INSTITUTIONS Seat of government and public institutions permanently located. The Public Institutions of the Si 20 CONSTITUTION OF THE STATE OF UTAH. are hereby permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States, in the Act of Congress, approved July 16th, 1894, to be disposed of and used in such manner as the Legislature may provide. First: The Seat of Government and the State Fair at Salt Lake City, and the State Prison in the County i t Salt Lake. ARTICLE XXI. SALARIES. Section 1. Public officers to be paid salaries. Exceptions. All State, district, city, county, town and school officers, excepting notaries public, boards of arbitration, court com- missioners, justices of the peace and constables, shall be paid fixed and definite salaries: Provided, That city justices mar be paid by salary when so determined by the mayor and council of such cities. Sec. 2. Legislature to provide fees. Accounting. The Legislature shall provide by law, the fees which shall be collected by all officers within the State. Notaries public, boards of arbitration, court commissioners, justices of the peace, and constables paid by fees, shall accept said fees as their full compensation. But all other State, district. county, city, town and school officers, shall be required by law to keep a true and correct account of all fees collected by them, and to pay the same into the proper treasury, and the officer whose duty it i- to collect such fee- -hall lie held responsible under his bond for the same. THE COMPILED LAWS OF UTAH. 1907 And Amendments Thereto Applicable to Salt Lake City, Utah. CHAPTER I. ANIMALS. ESTRAYS AND TRESPASSING ANIMALS. 35. Cities and towns. The provisions of this chapter shall in ii" way interfere with existing legal rights of in- corporated <-itie< and towns in relation to anmals running at lai 22 CHAP. [I. CERTIFICATION OF BONDS. CHAPTER II. CERTIFICATION OF BONDS AND WARRANTS. 146. By whom. The count}' clerk or the county audi- tor of each county, the auditor or the recorder of each city, the clerk of each board of education, and the clerk of each school district in this state shall indorse a certificate upon every bond, warrant, or other evidence of debt, issued pur- suant to law, by any such officer, that the same is within the lawful debt limit of such county, city, board of educa- tion, or school district, respectively, and is issued according to law. He shall sign such certificate in his official character. 147. Provisions governing. Warrants for interest on the bonded debt, for salaries, and for the current expenses of anj county, city, school district, or board of education in this state may be certified by the county clerk, county auditor, city recorder, city auditor, clerk of the school district, or clerk of the board of education, to be within the lawful debt limit of such county, city, board of educa- tion, or school district, whenever the same, together with all other indebtedness of said city, county, board of educa- tion, or school district, shall not exceed the amount of the indebtedness of such city, county, board of education, or school district at the time of the admission of this state into the union, in addition to the whole amount of t iii such county, city, board of education, or school district for tin year in and for which such warrant or warrants are issued. • 148. Protection to officer certifying. Whenever a board county commissioners, city council, trustees of a school district, or board of education of any such county, city, or CHAP II < IK IIIH \ I n >\ oi B( »NDS 23 >ch. ■• <1 district shall find or declare that anj appropriation xpenditure for which a warranl or warrants are to be issued, was or is for interest upon the bonded debt, for salarii currenl expenses of such county, city, board of education, or school district, such finding or declaration shall conclusively proted the count) rink, count) auditor, irder, city auditor, clerk "t' the school district, or clerk of the hoard of education of any such count)-, city, school district, or board ol education, as to such facts, in certifying any warrant or warrant.-- therefor to be within the lawful debt limit of such count)-, city, boa education, or School district. 149. Penalty. An\ person mentioned in i 146 who shall neglect to indorse any certificate required thereby, or who shall make an) such certificate falsel) and fraud ulently, shall be guilty of a misdemeanor, and punishable by a fine, not exceeding $1,000, or imprisonment in the nty jail, not exceeding one b) both such fine and imprisonment. 24 CHAP. III. CITIES AND TOWNS CHAPTER III. CITIES AND TOWNS. INCORPORATION AND CLASSIFICATION. 169. Petition for incorporation. \\ hen the inhabitants of any part of any county not embraced within the limits of any city shall desire to be organized into a city, they may apply, by petition in writing, signed by not less than nne hundred of the real property taxpayers, who are cpiali- fied electors, of territory to be embraced in the proposed ci'ty, to the board of county commissioners of the proper county, which petition shall describe the territory proposed to be embraced in such city, and shall have annexed thereto an accurate map or plat thereof, and state the name pro- posed for such city, and --hall be accompanied with satis- factory proof of the number of inhabitant'- within the territory embraced in said limits. 170. Proceedings. Election. When such petition shall be presented the board of county commissioners shall forth- with designate the class of the proposed city, and in cities of the first or of the second class, designate the boundaries i >f the municipal wards thereof, and shall fix the time and place within the boundaries of such proposed city at which the election may be held to determine such question. Such election shall be held and conducted, as nearly as may be, in the same manner as provided 1>\ law for conducting general elections. Before such election is held, the board of county commissioners shall give notice by publication in some newspaper published within said limits, if there lie one. at least once a week for four successive weeks; but if there be no newspaper published therein, then l>v posting notices at least four weeks in Five public places within said limits. CHAP. III. CITIES AND TOWNS 25 Said notices shall contain a statement of the contents of the petition and describe the territory proposed to be in tted, and the officers to be elected, and shall als<> desig- nate the time and place at which the election shall In- held. The ballots used at such election shall be "for in poration," or "against incorporati"n." and if "for incorpora- tion," the names "t' the persons to be voted for. 171. Notice of result. If a majority of the ballots casl such election be in favor of incorporation, the county clerk shall immediately, on the result of the canvass of the returns of said election being filed in the proper office, give notice of the result by publication in the same manner and for the same time as provided in the preceding section, and in Mich notices he shall designate to which of the classes of municipal corporations hereinafter provided such city shall belong. A copj of the notice, with proper proof of its publication, shall be filed with the papers, and a certified i and record entries relating to the matter on file in the clerk's office, shall be filed in the office of the county recorder and in the office of the secretary of state. Upon the filing of sail .it shall be the duty of tin secre tary of state to make publication in some newspaper having ral circulation within the state, of the incorporation of said city. 172. Officers to be elected. Canvass. At the tin ction the qualified voters within the limit> shall or the municipal officers hereinafter provided The canvass and return- of the at said II be made as pi y law. 173. Incorporation complete, when. When thi n § 171 ! the I iffii and qualified for such city, and publication is made b lerk and orporation there T5 CHAP. 111. CITIES AND TOWNS. l>e complete; and all courts in this state shall lake judicial notice of the existence of such city. 174. Classification of cities. Municipal corporations in this state now existing and those hereafter organized shall he, and the same are hereby, divided into three classes. Those cities having 30,000 or more inhabitants shall lie- known as cities of the first class; those cities having more than 5,000 and less than 30,000 inhabitants shall be known as cities of the second class; and all other cities shall be known as cities of the third class. 175. Change of class. Whenever any city of the second class shall have attained the population of 30,000 or more. or any city of the third class, or town, shall have attained the population of 5,000 or more, and such fact shall have been duly ascertained and certified to the governor by the mayor or the president of the board of trustees, he shall declare, by public proclamation, such city or town to 1" the first or second class, as the case may be, and such city ur town, thus changed, shall be governed In the p visions of this title applicable to cities of such class. 176. Judicial notice of change. All courts in this state shall take judicial notice of the change of the organization of any city or town. 177. Legal results of change in classification. All rights and property of every kind and description which were vested in any municipal corporation under its Former organization shall be deemed and held in be vested in the same municipal corporation upon its becoming incorporated under the provisions of this title; but no rights or liabilities, either in favor of or against such incorporation, existing at the time of becoming so incorporated under this title, and no action or prosecution of any kind shall lie affected by such change, bul the -aim' shall stand and progress as if no change had been made; provided, thai whenever a different CHAP. I [1. CIT1 ES AND T< >WXS .7 remed) is given by this title, which may properly b ilicable to any righl existing at the time oi such cit) ■ >r town so becoming incorporated under this title, the same -hall be deemed cumulative to tin- remedy before provided, and used accordingly. 178. Id. Ordinances. All ordinances and resolutions in force in any city or town when it shall change its organization under this title shall continue in full I and effect until repealed or amended, notwithstanding such change in organization; and the making of such changi tnization shall nol be construed to affect the change in the legal identity of the corporation of such cit\ i i town, provided such ordinances and resolutions do not conflict with the provisions of this title. 179. Id. Officers. When any town or city shall, b) u of the governor, become a city of the second 3, '>r any city of the second class shall in like manner me a city of the first class, the officers then in office I continue to be the officers of the city until the next municipal election, and until their successors shall be duly ed and qualified. When new territory is organized i city or town, a city, by petition and pie, the officers first elected -hail serve until the next municipal election, and until their su shall be duh 1 and qualified. 180. General powers of corporation. Cities and towns under this title shall be bodies politic and cor- nd shall be known and d ed by the name and i. and under such nami contract and be contracted with, acquire and hold real and personal property for corporate put mon seal, and nta\ se all th. d. 28 CHAP. III. CITIES AND TOWNS. 181. Municipal wards. All incorporated cities of the first and of the second class shall be divided into five municipal wards, the boundaries of which shall be prescribed by ordinance; provided, that the boundaries of municipal wards shall not be changed oftener than once in five years, and the wards shall be as nearlv as may be of equal population, and in compact form. 182. Government. The municipal government of all cities of the first class is hereby vested in a board of five commissioners, consisting of a mayor and four commis- sioners, and in cities of the second class in a board of commissioners, consisting of a mayor and two commissioners, to be known as the board of commissioners of their respec- tive cities. The municipal government of all cities of tin- third class is hereby vested in a mayor and citv council. The city council shall be composed of five councilmen, chosen at large by the qualified voters of the city. The board of commissioners of cities of the first and second class shall discharge, exercise and have all the duties, powers and privileges as are now or may be hereafter provided by law and are now or may be hereafter vested jointly or severally in the mayor and city council of cities of the first and second class, and shall have all the rights, duties, powers and privileges as may hereafter be provided by law for boards of commissioners of cities of the first and second class: the boards of commissioners of cities of the first and second class shall be the successors in office of the mayor and city councilmen of said cities of the first and second class, and the offices of mayor and city councilmen in cities of the first and second class as now provided by law are hereby abolished, to lake effect on the first Monday in Janu- ary. 1912, at twelve o'clock meridian. Am. S. I. 1911, p. 223. 183. Mayor, Commissioners and Auditors. Qualifica- tions. The mayor, commissioners and auditors of cities of CHAP. 111. CITIES AND TOWNS. 29 the first and second class and mayors and city councilmen of cities of the third class, shall be qualified voters within their respective cities. Am. S. L. 1911. p. 223. 184. Id. How chosen. The mayor, commissioners and auditors of cities of the first and second class and the mayors of cities of the third class, shall be chosen by the qualified voters of their respective cities. Am. S. L. 1911, p. 223. 185. Mayor. Commissioners. The chief executive of cities of the third class shall be the mayor of said cities, and during his temporary absence or disability, the city council shall elect one of its number to act as mayor pro tern, who during such absence or disability shall possess the power of mayor. In cities of the first and second class the rights, powers, duties and privileges as are now provided by law for the mayors of said cities respectively shall be vested in the hoard of commissioners of said cities of the first and second class. Am. S. I. 1911. p 223 30 CHAP. IV. MAYOR. CHAPTER IV. MAYOR. 187. Removal. If a mayor, at any time during his term of office, shall remove from the limits of the city, his office shall thereby become vacant. 189. Powers, generally. He may exercise within the city limits the powers conferred upon him to suppress dis- order and keep peace ; and he may remit fines and forfeitures "nd release any person imprisoned for violation of any city- ordinance, and shall report such remittance or release, with the cause thereof, to the city council at its next session. See Sec. 185. 686x4. Failure to perform duties or absence from state forfeits office. Vacancy filled by appointment by mayor. In case any judge of the city court shall fail or refuse to per- form the duties of his office for a period of thirty consecu- tive days, without reasonable excuse, or in case he shall absent himself from the state for ninety days, he shall be deemed to have forfeited his office, except that such absence may be extended as provided by the constitution of this state, in the case of judicial officers, and in case any vacancy occurs in the office of judge of the city court by death. resignation, absence, failure, or refusal to perform his duties. or otherwise, the said office shall be filled by the mayor of said city, by and with the consent of the city council, and the appointee shall hold his office for the same time, as pro- vided in the case of appointees to state and judicial offices. 1361. Directors. Appointment. When the city council in any city of the first or of the second class shall have decided to establish and maintain a public library and read- i HAP. IV. MAYOR. 31 :. under the provisions hereof, the mayot such city shall, with the approval of the city council, proceed to nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and nol more than one member of the cit) council shall be at any one time a member of said board. See Sec. 185. 720x53. Curfew signal. It shall be the duly of the mayor or precinct justice of the peace to arrange for some r curfew signal. 1330. Mayors and sheriffs to notify board of threatened strikes or lockouts. It shall be the duty of mayors of ci and sheriffs of counties, when any condition likely to lead to a strike or lockout exists in the cities or districts where the) have jurisdiction, to immediately forward information of the same to the secretary of the state hoard of conciliation .and arbitration. Such information shall include the names and addresses of persons who should !"• communicated with by the hoard. See Sec. 185. 2701. Duty of mayor or district judge under act of congress. When the corporate authorities of any city or i. it the district judge of any county in which any city Or town may be situated, shall have entered at the proper land office the land or any part of the land settled and such city "r town, pursuant to and by virtue of the provisions of the act of congress, em ale. 1 "An act for the relief of the inhabitants of cities and towns upon the public land-." approved March 2, 1867, and acts amendatory thereto, it shall he the duty of sucl irate authorities or jui se may he, t.. dispose of and convey the title to such land, or to the several blocks, lot-, parcels, or share- then ins entitled tin: who ar< tained a- hereinafter prescribed. 185 32 CHAP. IV. MAYOR. 2706. Conveyance made by district judge or by mayor. Where the entry of the townsite shall have been made by the district judge, the conveyance shall be made by him in accordance with the judgment entered. Where the corporate authorities shall have made the entry, the court shall certify its judgment to the mayor of the city, or the president of the board of trustees of the town, who shall accordingly make to the party claimant the proper deed. See Sec. 185. 2718. Lands reserved for public uses. Lots or parcels of land necessary for streets, avenues, lanes, public squares, parks, schoolhouses, hospitals, asylums, fire engine and hose houses, pesthouses, state or other public buildings, or other public use, may be reserved by the mayor, the president of the board of trustees, or the district judge, as the case may l>e; and he may execute and deliver to the proper party a deed for any property set aside for such purposes. A certi- fied plat of such surveyed lands shall be filed for record in the office of the county recorder of the county. See Sec. 185. 4540. Ordering police to preserve peace at public meet- ing. The mayor or other officer having the direction of the police of a city, town, or county must order a sufficient force to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace is reasonably appre- hended. See Sec. 185. POWER TO FIX LIMITS oh" BUSINESS DISTRICT FOR SALE OF INTOXICATING LIQUOR. The mayor and city council in their respective cities, and the board of trustees in their respective towns, shall from time to time determine and fix such limits for the purposes of this act. Sec. 5, Liquor Law, S. 1.. 1911, p. 154. See Sec. 185. Amount of License to be fixed. Limit. City councils, boards of trustees and boards of countv commissioners shall CHAP. IV. MAYOR 33 fix the amounts to be paid For licenses within the following limits: For annual licenses, excluding cosl and expense idenl i" applicatii in for license ; Retail dealer, nol less than $600 and not more than $2,1 * : < ' . Wholesale dealer, nol less than $400 and nol more than $1,000; Distiller, not less than $400 and nol more than 81,000; 1 iggists or pharmacists, in voting units voting Salt-." nol less than $200 and not more than $600; Brewers operating a brewery with an annual capacity nol exceeding five thousand barrels, not less than $250; with an annual capacity oyer five thousand barrels and not eeding twenty-five thousand barrels, not less than $500; with an annual capacity of over twenty five thousand barrels, and not exceeding titty thousand barrels, not less than $750; with an annual capacity over fifty thousand barrels and net venty-five thousand barrels, not less than $1,000; with an annual capacit) of over seventy-five thousand bar rels, lint less than $1,250 per annum. Clubs, not less than $400 and not more than $2,000. 155 In case of riot or public excitement, saloons may be closed. The mayor «•!' a city, the trustees of a town, and the commission* ny county, may. in case of riot or • public excitement, order persons who hold licenses not away or deliver any intoxicating liquor on the licensed pre r a period not exceeding three da) any . and no person -hall by himself, or hi- agenl servant, -ell. give away or deliver any intoxicating Hi in violation of an order given under the provisions of this ion. S. I.. 1911. 185. Restrictions and regulations. Nothing in this tained -hall pre hibit any cil ncil, heard of 34 CHAP. IV. MAYOR. trustees or board of county commissioners from enacting restrictions upon and regulations of the traffic in intoxicating liquors in addition to but not in conflict with the provisions of this act. Liquor Law, S. L. 1911, p. 176. Canvass of votes. Declaration of result. The mayor of any city, president of the board of trustees of any town or the chairman of the board of county commissioners of any county unit voting upon the question shall, within five days after the votes have been canvassed and the result declared, issue his proclamation declaring the result of such election and, if the result be "Against Sale." declaring that the sale of intoxicating liquors within such city, town or county unit shall be unlawful after the first day of October immediately following such election; and, if such result be "For Sale," declaring that the sale of intoxicating liquors -hall be permitted after the date of such proclamation, as in this act provided. Such proclamation shall be published for five days in some newspaper published in the city, town or at the county seat of the county in which such county unit is contained, as the case may Lie, or in lieu thereof, be posted in five conspicuous places for ten days in said city, town or in one conspicuous public place in each voting district of said countv unit, as the case may be. In every city, town or county unit that shall return a majority vote "Against Sale," the prohibitive law shall take effect on the first day of t >ctober immediately following; provided, that no license tor the sale of intoxicating liquors in any city, town or county unit shall be granted for the whole or any part of the period bet wtin the election herein provided for and the first day oi i ictober immediately following, except to a person who held a license on the day of such election, and as to such person, he shall be entitled to a license subject to the terms of lin- net. Liquor Law, S. L. 1911. p. 176 CHAP. [V. MAYOR. 35 190. Duties. He shall perform all duties which ai b< prescribed by law, or by ordinance, and shall see thai the laws and ordinances arc faithfully executed. 191. May examine books. He shall have power at all times to examine ami inspect the books, records, ami papers inj officer or agent employed by the city. 192. Messages. The mayor shall from time to lime give the council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. 193. May call out inhabitants. He shall have power. when necessary, to call upon every male inhabitant of the city oxer the age of twenty-one years to aid in enforcing the laws and ordinances, in suppressing riots and other dis- rly conduct, or in carrying into effect any law or ordi- nance of the city. See Sec. 185. 194. Revision of ordinances. lie may appoint, by and with the advice of the city council, one or more com- petent persons to prepare and submit to the city council heir adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such revisers to be determined and I by the city council and paid out of the city treasury. Sec. 185. 196. Map of city to be recorded. It shall be the duty of the mayor of each city in the state to have recorded in the county in which such city is or map describing the correct boundaries of ■ . if the said records do not contain a record of such e Sec. IS.". 197. Vacancy. If any vacancies shall occur in the ilman by death, re in, removal, 36 CHAP. IV. MAYOR. otherwise, such vacancy shall be filled for the unexpired term by appointment of the city council from the ward in which the vacancy occurs. If any vacancy shall occur in the office of mayor, commissioner or auditor for cities of the first and second class by death, resignation, removal, or otherwise, such vacancy shall be filled for the unexpired term by appointment of the board of commissioners. Should the board of commissioners fail for thirty days to fill the vacancy in the board, then the auditor shall sit as a mem- ber of the board, for the purpose onlv of choosing some person to fill said vacancy. 198. Rules. Disorderly conduct. Expulsion. The council shall determine its own rules of proceedings, punish its members for disorderly conduct, and, with the con- currence of two-thirds of the members of the council, may expel a member for cause. VP \ B( >.\KI> i >!■ COMMISSI) »X1 RS 37 CHAPTER V. BOARD OF COMMISSIONERS. P( )\\ ERS Dl rms 199. Chairman of board. Powers and duties of com- mission. In cities of the first and second class, the mayor shall 1>e chairman of the board of commissioners. The mayor shall preside -it all meetings of the board and shall have the righl to vote upon all questions coming before the rd, and in case of his absence or inability to act, the members present must by an order entered in the records, selecl one of their number to act as chairman temporarily The hoard of commissioners shall have power to enforce the attendance of witnesses, the production of book- and paper- and power i" administer oaths in the same manner and with like effect and under the same penalties as in the case of if the district court exercising civil or crim- inal jurisdiction under the laws of Utah. In cities of the first class not less than three members shall constitute quorum for the transaction of business, and no the I shall be valid or binding unless three men ' ncur therein. In cities of the second class nol less than two members shall constitute a quorum for the transaction of ness and no act of the board shall be valid or binding unless two members concur therein. Upon every vote the and nays shall be called and recorded and every motion, resolution, or ordinance shall be reduced to writing and read before the vote is taken thereon. The mayor shall have no power any measure but every resolution rdinanc< by the hoard must b< by the mayor, or. if he be from the meeting, l>y the ' hairman, or by missioners, and II be in force. -hall 38 CHAP. V. BOARD OF COMMISSIONERS. each month print in pamphlet form a detailed and itemized statement of all receipts and disbursements of the city and a summary of their proceedings and expenses during the preceding month, and furnish printed copies thereof to the newspapers of the city and to persons who shall apply there- for at the office of the recorder. At the end of each year the commissioners shall cause a full and complete exam- ination of all the books and accounts of the city to be made by competent accountants, and shall publish the result of such examination in the manner above provided for monthly statements. 1188. Who may solemnize. Marriages shall be solemn- ized by the following persons only : 1. Ministers of the gospel or priests of any denomina- tion, in regular communion with any religious society ; 2. Justices of the peace, mayors of cities, and judges of the district and supreme courts. See Sec. 185. See Sees. 686x4, 720x53, 1330, 1361, 1363, 2701. 2718. 3372. M73. 3417, 3418, 4540 C. L. 1907. Sec. 7, Liquor Law, S. L. 1911, p. 155 supra. Sec. 3, Liquor Law, S. L. 1911, p. 153 supra. Sec. 5, Liquor Law, S. L. 1911, p. 154 supra. Sec. 11, Liquor Law, S. L. 1911, p. 157 supra. Sec. 61, Liquor Law, S. L. 1911, p. 173 supra. Sec. 62, Liquor Law, S. L. 1911, p. 174 supra. Sec. 68, Liquor Law, S. L. 1911, p. 176 supra. 201. Meetings. Departments. In cities of the first and second class, the board of commissioners shall pre- scribe the time and place of holding its meetings: provided, that at least four public meetings a week shall be held by said board and one of said meetings shall be held in the evening. If at any time the business of the city requires a special meeting of the board of commissioner-, such meeting may be ordered by a majority of the board or bv the mayor or temporary chairman thereof. The order must be signed by the members or mayor or chairman calling -hi li meeting, and must be entered in the minutes of the CHAT V. BOARD OF COMMISSIONERS 39 board. Not less than three hours' notice of such special meeting must be given by the recorder to each member not joining in the order, sai> ; to be served personally or left at his usual place of abode. All meetings oi the board of commissioner-, to which any person not a city officer is admitted, must be public, the books, records and account- must he kept at the office of the city re- corder and open at all times during the business hours for public inspection. The board of commissioners -hall have power to make and enforce such rules and regulations for the government of tlu- hoard, the preservation of order and the transaction of business a- may he necessary . The said hoard of commissioner- -hall have, possess and all executive, administrative and legislative powers and duties now had, possessed and exercised by the mayor, city council and board of public works in cities of the first and second class. The executive and administrative pov. authority and duties in such cities of the first and second - shall he distributed into and anion- five departments 1. Department of Public Affairs and Finance. J. Department of Water Supply and Water Worl 3. Department of Public Safety. 4. Department of Street- and Public Improvement 5. Department of Park- and Public Property. The -aid hoard of commissioners shall at the first regular ting after the election of it- members, designate by a missii 'iicr to he superintendent the department of public affairs and finance, one to he indent of the depart! upply and v perintendent of the departmi iblic and • oi intendenl of ind public property, hut such 1 when. irs that the 40 CHAP. V. HOARD OF COMMISSIONERS. public service shall be benefited thereby; provided, that in cities of the second class no member of the board shall be superintendent of more than two departments. Said board of commissioners shall also determine the powers and duties to be performed by said superintendents of departments and of all officers and employes : it may assign any particular member, officer and employe to one or more of the departments, it may require a member, officer or employe to perform duties in two or more departments, and may make such other rules and regulations as may be necessary or proper for the efficient and economical con- duct of the business of the city. 202. Passage of ordinances. It shall sit with open doors and keep a journal of its own proceedings. The yeas and nays shall be taken upon the passage of all ordinances and all propositions to create any liability against the city. and in all other cases at the request of any member, which shall be entered upon the journal of its proceedings. The concurrence of a majority of the members elected to the city council shall be necessary to the passage of any such ordinance or proposition; provided, that in cities where there are an even number of councilmen the consent or concurrence of one-half of the councilmen elected shall be sufficient to confirm an appointment or concur in the removal of an appi lintive i ifficei 203. Reconsideration of vote. No vote of the city council shall be reconsidered or rescinded at a special meet- ing, unless at such special meeting there be present as large a number of councilmen as were present when such vote \\ as taken. 204. Deferring action on reports. Am report < committee of the council shall be deferred for final action thereon t ii" newspaper published in the city, then by posting in three public places therein, and shall go into effect the twentieth day alter it-- publication, unless provided in the ordinance that it shall take effect at an earlier later date; provided, that whenever a revision is made and the revis linances are published b) authority of the 1 oi commissioners or citj council, 1 1 • > further publica t i • » 1 1 shall be deemed necessary. The cit\ recorder - id all ordinances in a book kept for that purpose, to- g-ether with the affidavits ^i publication by the publisher, i 'r In- agent, or if posted, with the certificates of the due posting thereof; and said book, or a certified copy of the ordinances, under the seal of the city, shall be received as evidence in all i an ces without further proof, or if printed m I k or pamphlet form b) authority of the board of commissioners or city council, they shall 1" received: provided, that in cities of tin- third class the city council may. at i in, order that a certified copy of any ordinance he posted in three public places within the city, and thereafter no further publication --hall he deemed necessarv. 42 CHAP. VI. POWERS OF CITY COUNCILS. CHAPTER VI. POWERS OF CITY COUNCILS. An Act to amend Section 206, Compiled Laws of Utah, 1907, relating to the powers of City Councils, and ar- ranging the subdivisions of said Section into independent Sections to be known as Sections 206 to 206x87, both inclusive. Be it enacted by the Legislature of the State of Utah: Section 1. Section amended. That Section 206, Com- piled Laws of the State of L'tah of 1907, be, and is hereby amended to read as follows : 206. General Powers. The city council shall have the powers in the following Sections enumerated. 206x1. Finances and Property. To control the finances and property of the corporation. 206x2. Appropriations. Property. To appropriate money for corporate purposes only, and provide for pay- ment of debts and expenses of the corporation ; and to purchase, receive, hold, sell, lease, convey, and dispose of property, real and personal, for the benefit of the city, both within and without its corporate boundaries; to improve and protect such property, and to do all other things in relation thereto as natural persons. City councils may appropriate funds. The city councils of cities of the first, second and third classes shall have power to appropriate from any funds of the city available for general purposes, such sums as they may deem expedi- I HAP VI. POWERS OF CITY COUNCILS. 43 ent [or the purpose of assisting the State Armory Board in tin' erection of armories within their respective cities, and for the maintenance of armories located and mail therein, and in all cities where water works and electric light are owned by the city, the water and electric light used in armories maintained therein may, at the dis of the citj council, be furnished without cost. Approved March 9th, 1911. 206x3. Taxes. To levy ami collect taxes for general and special purposes on real and personal property as provided by law. 206x4. Licenses. 'I'.' fix the amount, terms, and man- ner of issuing licenses. 206x5. Public buildings. To erect all needful build- ings for the USe of the city. 206x6. Borrow money. To borrow money on the credit of the corporation for corporate purposes, in the manner and t" the extent allowed bj the constitution and the laws, and t.. issue warrants and bonds therefor, in such tints and forms and >>n such conditions as the council shall determine. The council shall provide for the paj ment of the interest "it such bonds a- the same -hall be- e due. and for a sinking fund for the payment of the principal thereof, within twentj years after issuing tin- same. 206x7. Issue bonds. To issue bonds in place of or i" supply means t" meet maturing bonds ■■!■ for consi refunding of the same. 206x8. Streets. Sidewalks. Parks. To lay out, tablish, open, alter, widen, extend, grade, pave, or "tin' impi Iks, park-, .md public unds; and ; me. 44 CHAP. VI. POWERS OF CITY COUNCILS. 206x9. Trees. To plant or direct and regulate the planting of ornamental shade trees in streets, avenue-, side- walks, parks, and public grounds. 206x10. Use of streets and parks. To regulate the use of streets, alleys, avenues, sidewalks, cross-walks, parks, and public grounds. 206x11. Obstructions. To prevent and remove obstruc- tions and encroachments upon the same. 206x12. Lighting, etc. To provide for the lighting, sprinkling, and cleansing of the same; provided, that the city council shall have the power to create sprinkling dis- tricts and levy a special tax therefor on the property to be benefited thereby. See Chap. S4, Laws of Utah, 1913. 206x13. Gas and water mains, etc. To regulate the opening and use thereof for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels, and drains. 206x14. Water, gas and light works. To construct and maintain waterworks, gas works, electric light works, tele- phone lines, street railways, or bath houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works From any person or corporation. 206x15. Protect water supply. To construct or author- ize the construction of waterworks, without their limits: and for the purpose of maintaining and protecting the same from injurv and the water from pollution, their jurisdiction shall extend over the territory occupied by such works: and over all reservoirs, streams, canals, ditches, pipes, and drains used in and necessary for the construction, maintenance. i ll \r \ i Pi >\\ ERS i M Cm ( i IUN< I 45 and operation of the same, and over the stream or source from which the water is taken, for ten miles above the point from which it is taken; and to enact all ordinances and ilations necessary to carry the power herein conferred into effect; provided, however, that each city of the first class •-hall provide a highway in and through its corporate limits, and so far as it- jurisdiction extends, which shall not be closed to cattle, horses, sheep, or hogs, which are being driven through any Mich cit) or through any territory ad- nt thereto, over which the said city has jurisdiction, bul the cit) council of such city may enact ordinances placing under police regulations the manner of driving such cattle, sheep, horses and hogs through such city, or any territory adjacent thereto over which the said cit) has jurisdiction 206x16. Tax districts. To divide the city into districts for tlu- purpose of local taxation, or to create districts for that purpose, as occasion may require. 206x17. Control of water. To control the water and water courses leading to the city, and t" regelate and con trol the water courses and mill privileges within the city; provided, that the control shall not Ik- exercised t" the injury of any rights already acquired b) actual owners, ami ided further, that when the city council "t' an) s distributing agent of the water. nut the property nt the corporation, outside of, or within the corporate limits such council may. and is hereby authorized to, ■ v annually fi >r the • if controllii ind distributing such water. and constructing and keeping in repair the necessary means g, and distributing the same; pro- he fund- i if said tax shall tppropri; : for any other purpose, and in n' mon levied and collected in any r than id purposes th< »r balance shall he carried t" I the 46 CHAP. VI. POWERS OF CITY COUNCILS. year next following and applied. to the purpose for which it was collected. Said lax shall be levied and collected as provided by ordinance, and, until collected, the same shall be a lien upon such water rights and the land irrigated thereby. 206x18. Purchase or lease water, canals, etc. To con- struct, purchase, or lease, and maintain canals, ditches, arte- sian wells, and reservoirs ; and to purchase or lease springs, streams, or sources of water supply for the purpose of pro- viding water for irrigation, domestic or other useful pur- poses ; and prevent all waste of water flowing from artesian wells ; and, if necessary to secure said sources of water sup- ply, to purchase or lease the land from which said water has been appropriated or applied ; also to purchase, acquire, or lease stock in canal companies and water companies for the purpose of providing water for said city or town and the inhabitants thereof. Whenever a city council or city is acting as distribut- ing agent of the water, not the property of the corporation, outside of, or within the corporate limits of such city, as provided by law, such city, upon written petition of the owners of such water, may increase the supply of said water owned by said persons by any of the moans pro- vided in this subdivision, and for that purpose may levy and collect from the owners of such water a tax not exceeding such sum per acre of land owned b} r such persons as may have been agreed upon and designated in said petition, said tax when so collected to be appropriated exclusively to said purposes except such part thereof as is necessary to pay the expense of levying and collecting the same. Said tax shall constitute a lien upon the water rights of said persons and the land irrigated thereby, and shall be levied and collected as provided in the preceding subdivision of this section. 206x19. Lighting works and contracts. To contract with and authorize any person, company, or association to 4 W VI POV\ E RS I »F CI 1'Y C( »UN( 1LS. 47 - works, electric, or other lighting works in said city, and give such persons, company, or association iln- privilege of Furnishing lighl For the public buildings, strei sidewalks, and alleys of said city, for any length of time not exceeding three years. 206x20. Lighting streets. Regulation of sale of light and power. To provide for the lighting of streets, laying down of gas pipes, and erection "i lamp posts; to regulate the sale and use of gas, natural gas, and electric or other light: electric power, the charge therefor, and the rent meters within tin- city, and t<> regulate the inspection then prohibit or regulate the erection of telegn phone, or electric wire poles, in the public grounds, its, or alleys, and the placing of wires thereon; and to require the removal from the public grounds, streets, alleys, of any or all such poles, and the placing underground anj "rail telegraph, telephom trie win 206x21. Water rates. To fix the rate t<> he paid for ■ furnished by the city, or by an) pi I Utah, 1' 206x22. Use of sidewalks. I the usi - and all structures thereunder or thereover, and i<< require the i cupant of an) property t<> keep the Line, free from snow and 206x23. Obstructing streets. To i vent nsive matter in, and i<> prevent injur) ruc- r public ground. 206x24. Curbs and gutters. ! 48 CHAP. VI. POWERS OF CITY COUNCILS. 206x25. Signs, awnings, etc. To regulate or prevent the use of streets, sidewalks, public buildings, and grounds for signs, sign posts, awnings, telegraph, or telephone poles, horse troughs, or racks, or for posting hand bills or adver- tisements. 206x26. Hand bills. To regulate or prohibit the exhi- bition, distribution, or carrying of placards or hand bills in the streets, public grounds or upon the sidewalks. 206x27. Flags. Banners. To regulate or prevent the flying of flags, banners, or signs across the streets or from houses. 206x28. Street traffic. To regulate or prohibit traffic and sales upon the streets, sidewalks, and public place-. 206x29. Speed of horses and vehicles. To regulate the speed oi horses and other animals, bicycles, automobiles, and other vehicles, and cars and locomotives within the limits of the corporation: and to prevent horse racing, immoderate driving or riding in the streets. 206x30. Numbering houses. To regulate the number- ing of houses and lots. 206x31. Naming streets. To name streets, avenues, and other public places, and to change the names thereof. 206x32. Railroad tracks. To permit, regulate, or pro- hibit the locating, constructing, or laying the tracks of any railroad or tramway in any street, alley, or public place; and to grant franchises to railroad companies, and to union rail- depol companies, to lay, maintain, and operate in any street or part or parts of streets of said cities, or Other public places therein, railroad tracks, and union railroad depot connecting and terminal tracks, but such permission shall not be for a longer time than one hundred years. CHAP. VI. POWERS OF 'I l'Y I I tUNCILS 206x33. Railroad crossings. To provide for or change the location, grade, or > of any railroad; and to de- clare a nuisance and to take up and remove, or to cause to be taken ii|> and removed, the tracks of any street rail- wax company which shall have been laid upon the streets- mt highways of the cit) and winch such railway compan) lias failed to operate with cars for public use for a pen. "I of nine months after the laying then 206x34. Railroad fences, crossings, etc. To require railroad companies to fence their respective railroads or any portion of the same and to construct cattle guards, crossings 1 of public roads, and to keep the same in r< within the limits of the corporation. 206x35. Flagmen at crossings. Drainage. To require railroad companies to keep flagmen at railroad crossings of streets, or otherwise to provide protection against injury to persons or propert) ; to compel such companies to raise or lower their railroad tracks to conform to any grade which at any time may he established by such city, so that such tracks may be crossed at any place on any street, allc. highway; to compel railway companies to make and open, ami to keep in repair, ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not he impaired. 206x36. Bridges. To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof 206x37. Drains, sewers, etc. To construct and keep in repair culverts, drams, sewers, catch basins, manholes, and nd to regulate the construction and use thereof. 206x38. Licenses generally. To license, tax and regulate 50 CHAP. VI. POWERS OF CITY COUNCILS. hawking, peddling, pawn-brokerage, loan agencies, employment agencies, the keeping of ordinaries, theatricals, and other exhi- bitions, shows, and amusements, and the business conducted by ticket scalpers, distilleries, breweries, money changers, brok- ers, keepers of public scales, runners for stages, cars, public houses, or other persons or things, and to revoke such license at pleasure; to license, tax and regulate banks, bath houses, livery stables, skating rinks, smelters, crushers, express com- panies, restaurants, hotels, taverns, theaters, opera houses, music halls, boarding houses, eating houses, chop houses, lodging houses, laundries, barber shops; second-hand or junk stores, and to forbid the owners or persons in charge of said stores from purchasing or receiving any article what- ever from minors without the written consent of their guardians or parents; and storage houses .and to require bond to the city for the benefit of bailors therein; t<> license. tax, and regulate the business conducted by hackmen. dray- men, omnibus drivers, carters, cabmen, porters, expressmen, watermen, and all others pursuing like occupations, and to prescribe their compensation ; to license, tax, and regulate the business conducted by merchants, retailers, shop and store- keepers, butchers, druggists, photographers, assayers, con- fectioners, furniture dealers, coal dealers, lumber dealers, fruit peddlers, and solicitors; to license, tax, and regulate bill boards, bill posting, and the distribution of advertising matter; to license, tax, and regulate the running of automo- biles, street railway and steam cars, bicycles, and other vehicles. 206x39. Id. Games and dancing. To license, tax. regulate, and suppress billiard, pool, bagatelle, pigeon hole. or any other tables or implements kept or used for similar purpose; also pin alleys, or tables, or ball alleys; also to license, tax, regulate, in cities of the first and second class, prohibit en- suppress, dancing halls, dancing resorts, dancing pavilions, and all places or resorts to which persons of oppo- CHAP. VI. POWERS OF CITY COUNCILS. 51 site sexes may resorl for the purpose of dancing •>! indulg ing in other social amusements. 206x40. Id. Disorderly houses. To suppress ami pro- hibit the keeping of bawdy ami other disorderly houses, houses of ill fame or assignation, or houses kept by, main- tained for, or resorted to or used by one or more females for lewdness or prostitution within the limits of the city, and within three miles of the outer boundaries thereof, and rohibit the resorting thereto for any of the purposes ; and also to suppress and prohibit gambling houses and gambling, lotteries, and all fraudulent devices and practices, and all kinds of gaming, playing at dice, cards, and other games of chance, ami to prohibit music or the sale or exhibition of obscene or immoral publications, prints, pictures or illustrations. 206x41. Liquor licenses. To license [ulate, or prohibit, the manufacturing, selling, giving away, or disposi- in any manner, of any intoxicating liquor; and liibit the keeping for sale, or disposition, contrary to law. or being concerned in so keeping, or the maintaining of pi, where such liquors are being kept for such purpose, or the obtaining "i such liquors by fraud from any practicing phy- :ii or dp ■ in any manner in aiding in the selling, giving away, manufacturing, keeping, distributing, or dis uch intoxicating liquor contrary to law: provided no hern- It purpose shall be issued by the citj recorder ouncil of any city where the qualified electors of such city have voted "against sale" of intoxicating liquors, anil the i uch city shall prohibit the manufacturing, selling, giving away, keeping t"r sale or the disposition in any manner, of any intoxicating liquors, except tin- maim facture and sale thereof as provided bj law. in any city where the qualified rs have voted "for sale" of ting liqu : i city council shall have the ri^ht ■nine the amount to be paid for liquor licenses 52 CHAP. VI. POWERS OF CITY COUNCILS. provided by law, and said license shall be subject to the same regulations as are required by the general laws of the State, and may provide such other reasonable regulations as such city council may deem advisable. Any city may provide for and enforce obedience to all ordinances or regu- lations adopted or passed pursuant to the authority hereby granted by affixing such penalties as local conditions may to such council seem to require, provided that such penalties shall be within the limitations set forth in Section 206x87. Chapter 120. Laws of Utah, 1911. Approved March 20th, P'13. 206x42. Markets. To establish markets and market houses, and provide for the regulation and use thereof. 206x43. Id. To provide for the place and manner i >f sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same. 206x44. Inspection of provisions. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter. cheese, lard, vegetables, flour, meal, and all other provisions. 206x45. Inspection of merchandise. To provide for the inspection, measurement, or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor. 206x46. Weights and measures. To provide for the inspection and sealing of weights, measures, computing scales and all weighing and measuring devices indicating arith- metical values as well as weight. 206x47. Id. To enforce the keeping of proper weights, measures, computing scales and all weighing and measuring devices indicating arithmetical values as well as weieht. CHAP. VI. POWERS OF CITi COUNCILS. 53 206x48. Plumbing. To regulate the construction, repair, and nst- of vaults, cisterns, areas, hydrants, pumps, sewi gutters, and plumbing, and to provide for .1 board of examin- ■ 1 examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifi- cations are necessarj of persons Following said trade. 206x49. Disorderly conduct. Obtaining money under false pretenses. To prevent intoxication, Fighting, gambling, quarreling, dog-fights, cock-fights, prize-fights, bull-fights, and all disorderly conduct, and to provide againsl and pre- vent the offenses of assaull and battery, petit larceny, to 5, routs, in 'iscs, disturbances, 1 ir disi irderly assem- blies in any street, house or place in the cit) ; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or an) other dangerous or combustible material in the stn unds, alleys, or about or in the vicinity of public buildings; to provide against and prevent the offense oi obtaining money or property under false pretenses, or the offense of embezzling money or propert\ ; in all cases where tin mone) or property embezzled or obtained by false pre- tense does not exceed in value the sum of $50.00, and to prohibit the -ale. giving away or furnishing of tobacco, intoxi- cating liquors, opium or other narcotics to any person under 21 years of age; and to prohibit the buying, accepting, or having in hi- sion any of the aforesaid narcotic- In any person under 21 \ 1 ge. Approved March 20th, 1913. 206x50. Concealed weapons. To regulate and prohibit tin- carrying of concealed weapons. 206x51. Vagrants. To arrc-t. fine, or set to work on the Isewhere, all vagrants, mendicant-, and per- - found m -aid city without visible mean- of support legitimate busim 54 CHAP. VI. POWERS OF CITY COUNCILS. 206x52. Disorderly conduct To provide for the punish- ment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise, or by intoxication, fighting, or using obscene or profane language, or otherwise violating the public peace, by indecent or dis- orderly conduct or by lewd or lascivious behavior, and to punish for interfering with any city officer in the discharge of his duty. Also to provide for the punishment of trespass and such other petty offenses as the city council may deem proper. 206x53. Tramps, swindlers, etc. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick, or device, with intent to swindle. 206x54. Fire limits. To define the fire limits, and prescribe limits within which no building shall be constructed except of brick, stone, or other incombustible material, without permission, and to cause the destruction or re- moval of any building constructed or repaired in violation of any ordinance, and to cause all buildings and enclosures which may be in a dangerous state to be put in a safe condition or removed. 206x55. Construction of buildings. To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all build- ings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extin- guishment of fire, to prevent the over-crowding thereof, and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein. CHAP. VI. TOWERS OF CITY COUNCILS. 206x56. Chimneys, boilers, etc. To prevent the gerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, Furnaces, l>.>ilers, and apparatus used in and about buildings, and manui tories, and cause the same removed or placed in a Mil. 206x57. Prevention of fires. To regulate and prevent tlie carrying on of manufacturing likely to cause fires, and t" prevent the deposit of ashes in unsafe places. 206x58. Fire department. Except as otherwise vided by law, to provide for the organization and support partment; to procure fire engines, hooks, ladders, buckets, and other apparatus; and inize fire engine and hook and ladder companies, and to prescribe duties, rules, and regulations for the government thereof with such penalty as the council may deem proper, and to m all m iriation therefor; and to establish rcqatla- tions for the prevention and extinguishing of fires. 206x59. Combustibles and explosives. To regulate or prevent the storage of gunpowder, tar. pitch, resin, coal oil. benzine, turpentine, nitroglycerine, petroleum, "r any of the products there>>i". and other combustible or explosive mate- rials, and the use of lights in stables, simps, and other places, and the building of bonfir 206x60. Steam boilers and elevators. To provide for the n and • e of r -.team generating apparatus, itors within the corporate limits of the city. 206x61. City jails. To establish, erect, and maintain the city jails, hi correction, and for the inement of per- i any city 36 CHAP. VI. POWERS Ol- CITY COUNCILS. ordinance, and to make rule.-- and regulations for the govern- ment of the same, and to appoinl necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law. and with the consent of the board of a iunty commissioners. 206x62. Cruelty to animals. To prohibit cruelty t<' animals. 206x63. Nuisances. To declare what shall he a nuis- ance, and t<> abate the same, and t<> impose fines upon parties who may create, continue. <>r suffer nuisances to exist. 206x64. Health and quarantine. To make regulations to secure the general health of the city, t<> prevent the in- troduction i if contagious, infectious, or malignant diseases into the city, and to make quarantine laws and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties .if the same. 206x65. Cemeteries and hospitals. To purchase, hold, and pay for the lands within or without the corporate limits for the burial of the dead; and all necessary grounds for hospitals, and to have and exercise police jurisdiction over the same, and over any cemetery used by the inhabitants of --aid city: and In survey, plat, map, fence, ornament, and in otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by said city, and pass rules ami ordinances for the protection and governing of --aid grounds. 206x66. Births and deaths. To regulate the burial of the dead and the registration of births and deaths: to direct the returning and keeping of bills of mortality, and to impose penalties on physicians, sextons, and other-- For default therein. VP VI. POV\ ERS I »F Cm • 206x67. Estrays. To regulate or | » t- . . 1 1 1 1 > i t the running at large, within the limits of the city, horses, mult cattle, swine, sheep, II kinds of poultry; ;tablish a pound and appoinl a pound-keeper and pre scribe his duties, and to distrain and impound animals run- ning at large, and to provide for tin- sale ol the same in the same manner provided by the laws of the state for the -alt- of estrays and trespassing animals. The : rising from the sale of such animal-, alter the payment of all costs, shall go to the city treasury to be disposed "t' ording to law, 206x68. Dogs. To license, tax, or prohibit the keeping of dogs, and to authorize t! m of the same when at large, contrary to ordinani 206x69. Packing houses, etc. To direcl the location ami regulate the management and construction of packing houses, tanneries, canneries, renderies, bone tcr houses, butcher shops, soap factories, foundries, brew- . distilleries, livery stables, and blacksmith -h"|>» in and within one mile of the limits of the corporation. 206x70. Offensive trade. To prohibil any offensive, nn\>. ilishment in and within mile of the limits of the corporation; t" compel the <.wner privy, '>arn. corral, -ewer, or other unwhole- ■ ir place, love tin id to re{ ion then 206x71. Census. To provii iking the i but er than ■ 206x72. Public buildings. For the building 58 CHAP. VI. POWERS OF CITY COUNCILS. 206x73. Annoying amusements. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusements or prac- tice having a tendency to annoy persons passing in the streets, or on sidewalks, or to frighten teams or horses. 206x74. Lumber yards, etc. To regulate or prohibit the keeping of any lumber yard, and the placing or piling i ir celling of any lumber, timber, wood, or ■ >t her combustible material within the fire limits of the city. 206x75. Water works. Fire signals. To purchase, con- struct, lease, rent, manage, and maintain any system or part of any system of water works, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be neces- sary for the full protection, maintenance, management, and control of the property so leased, purchased, or constructed. 206x76. Public libraries. To establish, maintain, and regulate free public libraries and reading rooms, as provided by law, and to perpetuate such free libraries and reading rooms as may have been heretofore established in said cities. 206x77. Processions. To regulate or prohibit all pub- lic demonstrations and processions which interfere with the public traffic. 206x78. Burial of indigent dead. To provide for the burial of the indigent dead, and to pay the expenses thereof. 206x79. Education. To authorize the taking and to provide for the safe keeping and education, for such periods of time as may be expedient, of all children who are desti- tute of proper parental care. 206x80. Inspection of liquor. To regulate the inspec- tion cil malt, vinous, fermented and spirituous liquors CHAP. VI. POWERS OF CITY COl [LS. 206x81. Street tax. To provid< h\ ordinance for the annual levy and collection of a street tax to be assessed upon the property, real and personal, within the city, which tax. it levied and collected, shall be in lieu of the tax provided for in the sub. 3 of sec. 253. Said tax shall not in any one year exceed one-half of one per cent, and -hall be expended for the opening, widening, grading, and improving of the streets, sidewalks, avenues, and alleys of the city. 206x82. Street noises. To prevenl the ringing of bells. ihl; of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and to prevent all performances and devices tending i<' tin- collection the streets or sidewalks of the city. 206x83. Fastening Animals. To compel persons to fas- ten animals attached to vehicles standing or remaining in the -i iv 206x84. Official bonds and reports. To require all municipal officers and agents, elected or appointed, to bond and security for the faithful performance of their du- require from every officer of tl . at any time, a report in detail of all transactions in his o any matters connected therewith. 206x85. Create offices. Provide for Vacancies. my office that may be deemed necessary for the § he city, and t" provide For all vacancies in ivc and appointive offio regulate and prescribe tlie ; and compensation of all as otherwisi lw. 206x86. License and taxes. enue b} levying and collecting a ticei on any priv; hin the limit- of th< late 60 CHAP. VI. POWERS OF CITY COUNCILS. the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which thev are imposed. 206x87. Ordinances. To pass all ordinances and rules. and make all regulations, not repugnant to law. necessary for carrying into effect or for discharging all powers and duties conferred by this Act, and such as are necessary and proper to provide for the safety, and preserve the health, and promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the city and the inhabit- ants thereof, and for the protection of property therein: anil to eiifi nee obedience to such ordinances with such Fines or penalties as the city council may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than $300 or by imprisonment nut to exceed six months, or by both such fine and imprisonment. Approved March 20th. 1911. 206x. City council may require tracks of railway com- pany to be removed. The city council of any city shall have the power to require the tracks of an}- steam or street railway company to be taken up and removed which shall have been laid Upon the streets, alleys, or highways of the city, and which tracks remain in said streets, alleys, and highways of the city contrary to the terms of the franchise cf the company, or which are declared by the city council a nuisance, or which said railway company has tailed to operate for a period of nine months prior to the time when such nuisance shall be declared, and -hall have the power to declare any of the acts specified in this section a nuisance. 206x1. May require gates. The city council of any city shall have power to require any steam or street railway compan) to plan gates at any place along it-- tracks, and is hereby authorized to designate the places where such CHAP. VI. POW CILS. gates shall be placed, and the nature, kind, and qualitj i I such gates, 206x2. Purchase or lease of waterworks. Condemnation. That it shall be lawful for the cit) council or board i I trustees of an) city or town in this state to purchasi lease all or an) pan of an) water, ater* rks sysl water supply, bonds, stocks, i>r propert) connected tl with: or whenever such city council or board of trusti shall deem it necessary for the public good, the) shall ha i the right to bring condemnation proceedings to condemn water, water rights, and all rights and privileges of any person "r corporation; provided, that in all condemnation proceedings, the value of all land mu; onsidered in nection with said water or water rights used for the purpi se of supplying any city or town, or the inhabitants then I with water; provided, that if, within thirty days after '• passage and publication of a resolution or ordinance the purchase, or lease, or condemnation herein provided, third of tlie resident taxpayers of any city or town, -hewn by th. assessment roll thereof, -hall protesl I the purchase, or lease, "r condemnation proceedings i templated, then said proposed purchase lease, or condei i t i< in shall he referred to a special election and if confii by a majorit) vote thereat, shall take effect; otherwisi il shall be void. 206x3. What unlawful. Revenues. It shall not I" la iiil for any city nr town to r purchase any pat sueli waterworks less than the wholi leasi unless the contract thereof shall pi thai the cit town shall have control thereof, and that the nil rev< therefrom shall be divided proportionate t>> the in t < t • I I all parties thereto; and said contract shall also provide i list of water rates t.i be enforced during the term of such contr; 62 CHAP. VI. TOWERS OF CITY COUNCILS 207. Powers to be enforced by ordinance. When by this title power is conferred upon the city council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power. I IIAP VII. ACTIONS FOR VIOLATIONS. 63 CHAPTER VII. ACTIONS FOR VIOLATIONS OF ORDINANCES. 208. Actions in corporate name. All actions brought to ver any fine or to enforce any penalty under any ordi nance of any city shall be brought in the corporate name of the city as plaintiff: and no prosecution, recovery, or acquittal f<>r the violation of any such ordinance shall con stitut( ense to an} other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time and if united would not have exceeded the jurisdiction of a justice of the peace. 209. Money paid into treasury. All Fines and forfeit- ure-- for the violation of ordinances, and all money collected licenses or otherwise, shall be paid into the treasury of the corporation at such times and in such manner as may be prescribed bj ordinance. 210. Pleading and imprisonment. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom .m\ fine or penalty shall be imposed, may. upon the order of the court before whom the conviction is had, be com- mitted to the county jail or the city prison, or to such other place as may be provided by the citj for the incarceration ffenders until such fine, penalty, and costs shall be fully paid. 211. Imprisonment at labor. The city council shall have power to provide by ordinance that every person so mitted shall he required to work- for the corporation 64 CHAP. VII. ACTIONS FOR VIOLATIONS. at such labor as his strength will permit, not exceeding eight hours each working day ; and for such work the per- son so employed shall be allowed one dollar for each day's work on account of such fine and costs. 212. Serving process. Arrests. Any constable or sheriff of a county may serve an}- process or make any arrest auth- orized to be made by any city officer. ACTION AGAINST CORPORATION. 212x. Complaint against corporation. A corporation violating any of the provisions of a city ordinance may be complained against the same as a natural person. 212x1. Summons. Whenever complaint is made against a corporation for violation of a city ordinance, a summons shall be issued thereon, substantially in the following form: State of Utah. County of In the Court, in and for the City of G tunty of City, Summons. The State of Utah, to the (naming the corporation): You are hereby summoned to be and appear before the above entitled court at the courl room thereof, on the day of at the hour of o'clock. .. . m., then and there to answer a charge made against you upon the complaint of for (designating the of- fense in general term^i. a copj of which complaint is hereto attached. \r VII ACTIONS FOR VIOLATIONS. 65 I >ated this day of l f ». . . . Witness The 1 [onorable Judge of said court. Clerk. I! \ Deputy Clerk. In courts having a clerk the summons, with a copy ol the complaint attached, shall be signed by the clerk then and in courts having no clerk the summons shall be signed by the judge or justice thereof. 212x2. Id. Service. The summons and cop) of com- plaint must be served at least twenty-four hours before the hour of appearance Fixed therein, by delivering to and lca\ ing a copy thereof with the president "i" other head of said corporation, or to the secretary, cashier, or managing agent thereof, and by showing to him the original summons. 212x3. Corporation must appear. At the time ap- pointed in the summons, the corporation must appear. h\ ■:i or attorney, and plead thereto, the same as a natural person In case no appearance is made on or before the hour appointed, the court may issue a bench warrant for tlte person served as the officer or agenl of said corpora- tion, requiring him to he brought forthwith before the court to plead on behalf of said corporation. 212x4. Time for hearing. After the plea of the cor- poration i- entered the court must fix a time for the hear- ing of thi and thereafter the proceedings in said cause shall he the same as in cas natural persons charged with violating a city ordinance; except that, in cases of I'ti. the penalty imposed in all instances shall he by way of fine. 212x5. Judgment collected. Whenever a fine and costs, either or both, shall be imposed upon a corporation, upon 66 CHAP. VII. ACTIONS FOR VIOLATIONS. conviction, for a violation of a city ordinance, judgment therefor may be collected on execution issued out of the court in the same manner as an execution in a civil action. CITY ATTORNEY TO PROSECUTE APPEALS. 212x6. City attorney to prosecute appeals. Whenever a criminal action for the violation of a city ordinance is appealed to the district court for the county in which such city is situated, it shall be the duty of the city attorney of such city to appear and prosecute said action in the district court. 212x7. City to pay costs. Whenever a criminal action arising out of the violation of a city ordinance is tried on appeal in the district court for the county in which such city is situated, the per diem and mileage of witnesses for the prosecution shall be paid out of the city treasury of the city in which such action originated. ( HAP. VIII. OFFICERS. 67 CHAPTER VIII. OFFICERS— POWERS \\n DUTIES. 213. Certain city officers to be elected. Appointive officers. In all cities of the State, excepl eities of the first and second class, there shall be elected in addition to the mayor and city councilmen, a city recorder, a city treasurer; provided, that in cities of the third class, the cit) recordei shall be ex officio city auditor and shall perform the duties of such office without extra compensation therefor; provided further, in cities of 'he third class a city marshal and i city justice of the peace shall he appointed by the ma i I subject to the confirmation of the city council on or bei the first Monday of February following a municipal election, whose term of office shall be for two years, or until re moved for cau-c: provided further, that in cities having .1 population of over 15,000 the office of city justice of the peace is hereby abolished and no election for said office shall be held. In all cities of the first class in this State then- shall he elected at large a mayor and four commission who shall constitute the board of commissioners of the city for which they are elected, and there shall also he elected a city auditor. In all cities of the second class m this State there shall he elected at large a mayor and two commis sioners, who shall constitute the hoard .if commissioners of the city for which they are elected, and there shall also be elected a city auditor. In cities of the first and second class, the office of mayor and city councilman a- now pro- vided by law are hereby abolished, and no election shall he held for said offices, nor shall any election he held for the office of city recorder, city treasurer, or city attorney, and the term- of -aid respective officers in -aid cities of the iirst and second class shall terminate and cease on the first 68 -P. VIII. OFFICERS. Monday in January, 1912, at 12 o'clock meridian. All elect- ive officers shall hold their respective offices for the term I >r which they are elected, and until their successors are elected and qualified. Every elective officer 'if cities of the first and second class shall, within thirty days after quali- fying, file with (he city recorder and publish at least once in a daily newspaper of general circulation within the city, the sworn statement of all of his election and campaign expenses, and by whom such funds were contributed. Upon failure so to do. the office of said officer shall become vacant, and he shall, upon failure so to do, be guilty of a misdemeanor. 214. Appointment of city officers. In cities of the first and second class, the board of commissioners shall appoint a qualified person to each of the offices of city recorder, city treasurer and city attorney, who shall have such powers and I* rform such duties as are now provided by law for such officers, and they may create any other office that may lie decried necessary for the good government of the city, and i g date and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law. The board of commissioners may appoint all such _ officers and agents a- may be provided for by law or ordi- nance and fill all vacancies occurring therein. In cit ic- of the third class the mayor, by and with the advice and consent of the council, may appoint all such officers and agents as may be provided for by law or ordinance, and in like manner fill all vacancies among the same, except as otherwise provided by law; provided that elective officers shall have the sole right to appoint all their deputies and assistants, who shall be confirmed by the city council. 215. Id. Terms. Except as otherwise provided by law, the term of office of all appointive officers shall be until the municipal election next following their appoint- ment and until their successor- are duly appointed and qualified, unless sooner removed l>y tin; board of commis- \r VIII. i RS 69 sioners of cities of the first and second class, or in ci of the thin! class by the mayor, with the concurrence of a majority of the members of the city council, or by the city council with the concurrence of the mayor. 216. Oath. Bond. All officers of any city, whether elected or appointed, shall, before they enter upon the duties of their respective offices, take and subscribe the constitutional oath of office, and every such officer shall, before entering upon the duties of his office, execute a bond with good ami sufficient sureties to be approved by the mayor, payable to tin- city in such penal sum as may. 1>\ resolution or ordinance, be directed, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by such officer according to law and the ordinances of said city; provided that the bond ■ ■I tlie mayor shall lie approved by tin- city council: pro- vided, further, that the treasurer's bond shall he fixed at a sum not less than the amount of the whole tax for the cur- rent year; provided further, that in cities of the first and rid class the mayor and each commissioner shall give a penal bond with approved corporate surety in the sum of '*>, atid the auditor in cities <e defined by the city council, and the defining by this title of the duties of city officers shall ti"t preclude the city council from defining by ordinance further and additional duties to be performed n v such officer. 74 CHAPTER IX. CITY RECORDER. CHAPTER IX. CITY RECORDER. 228. Office, where. Keep records. Certify copies. The city recorder shall keep his office at the place of meet- ing of the city council, or some other place convenient thereto, as the council may direct. He shall keep the cor- porate seal and all papers and records of the city, and keep a record of the proceedings of the city council, whose meet- ings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city council certified by him under the corporate seal, shall be evidence in all courts, as if the original were produced. 229. Countersign contracts. He shall countersign all contracts made in behalf of the city, and every contract made in behalf of the city or to which the city is a party shall be void unless signed by the recorder. Termination of Office. S. L. 1911, Sec. 213, p. 228. Office Appointive, S. L. 1911, Sec. 214, p. 223-229. Duties, Sec. 868x7. 868x8, 913, S. L. 1911, p. 240. Sec. 58-59 Liquor Law. supra, S. L. 1911, Chapter 106. Sec. 3 Liquor Law, supra, S. L. 1911, Chapter 106. Sec. 9 Liquor Law. supra, S. L. 1911, Chapter 106. Sec. 11 Liquor Law. supra. S. L. 1911, Chapter 106. Sec. 52 Liquor Law, supra. S. L. 1911, Chapter 106. Sec. 54 Liquor Law, supra. S. L. 1911, Chapter 106. Sec. 254, C. L., 1907. \!\ X. CITY AUDIT! >R 75 CHAPTER X. I I !Y AUDITOR. 230. Duties in relation to finance. City auditor. The city auditor, in cities having an auditor, and in all other case- the city recorder, -hall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the city council, and keep a full and accurate account t hereof in books provided for that purpose; shall make to the city council from time to time, upon the order of the ncil, reports of the financial condition ,,f the city; shall make and keep a lisl of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the city council as shall secure the payment of the principal and interest of such bonds; -hall report annu- ally, on or before the first day of June, to the city council, an estimate of the expenses of the city and of the revenue -. t" he rai-ed for the current year; shall keep regular books of account in which he shall enter all in- debtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness issued by the city council, the amount of all bonds, orders, certifi- cates, or other evidences of indebtedness which have b redeemed, ami the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amount they have received from the dif- ferent sources of revenue and the amount which they have disbursed under the direction ,,f the city council; shall amine all reports, books, papers, vouchers, and account the city treasurer; shall audit all claims and demands against the city before they are allowed by the city council; and shall keep a record of claims presented ami the action of the 76 CHAP. X. CITY AUDITOR. council thereon; and shall perform such other duties as the city council may provide by ordinance. 231. Financial statement of cities to be published annu- ally. Contents. The city auditor, in cities having an audi- tor, and in all other cases the city recorder, shall prepare and publish, on or before the first Monday in February of each year, in some newspaper having a general circulation in the city, a detailed statement of the financial condition of the city, and of all the receipts and expenditures for the previous year, ending December 31st; provided, that, upon the expiration of his term of office, and before his successor enters upon his duties, said auditor, or recorder, shall make and prepare said statement, properly attested, for the use and benefit of his successor in office, showing: 1. The total receipts of the city, stating particularly the source of each portion of the revenue : 2. The amount of cash on hand at the date of the last report ; 3. The amount of sinking fund, and how invested; 4. The number, date, and amount of every bond issued or redeemed, and the amount received or paid therefor; 5. The indebtedness of the city, funded and floating. stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof; 6. The amount of cash in the city treasury, and in its several funds ; 7. The total expenditures of the city, as shown by the warrants issued, giving in total the amount expended in each department. Garnishment served upon, 3113x1. Certification of Bonds and Warrants, Sees. 146, 147. 14S. 149. Auditor — Qualification, Sec. 183, S. L., Chapter 125.^ Auditor — How Chosen. Sec. 184, S. L., Chapter 12S. Auditor — Vacancy, Sec. 197. S. L., Chapter 125. Auditor — Oath — Bond, Sec. 216, S. L., Chapter 125. \uditor— Salary, Sec. 225, S. L., Chapter 125. Auditor — Nomination and Election, Sec. 913, S. L. 1911. p. 241 1 I HAP XI. CITY TREASURE R 77 CHAPTER XI. CITY TREASURER. 232 Duties, generally. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereol in -uch a manner as provided in this title, or as the city council from time to time may by ordinance direct, and he shall colled special taxes and assessments as provided hy law and ordinance, lie shall make a settlement with the recorder, or auditor, as the council may direct, at the end of ever) month, and turn over all warrants, interest coupons. bonds, or other evidence oi thi indebtedness of the city which may have Keen redeemed by him during the month, taking the receipts <\ the laws of t hi> by am ordinan 82 CHAP. XIII. MARSHAL AND POLICE. 249. Bail commissioners. The mayor of any city in this state may, by and with the consent of the city council, appoint, from among the officers and men in the police de- partment of said city, one or more discreet persons, to be known as bail commissioners, who shall have and exercise all the powders which are now, or hereafter may be, conferred by law upon justices of the peace or judges of the city court in respect to the fixing of bail of persons arrested within the corporate limits of said city for misdemeanors under the laws of this state, or for violation of the city ordinances, and taking and approving the same ; provided, that any per- son who has been ordered by any such bail commissioner to give bail may deposit the amount thereof in money with such bail commissioner. 249x. Id. Receipt for moneys. In addition to their duties in respect to the fixing of bail, bail commissioners shall have power on non-judicial days, and after the hour of five o'clock p. m. and before the hour of nine o'clock a. m. on judicial days, to collect and receipt for moneys, tendered in payment of the fine of any person serving sen- tence, in default of the payment of such fine. All moneys collected by bail commissioners shall be accounted for at least once a month to the clerk of the city court in cities where such court exists ; and in cities where such court does not exist, then such accounting shall be made to the city treasurer, or to the county treasurer in respect to cases arising under state laws. 250. Id. Oath and bond. Commissioners appointed under this title shall serve at the pleasure of the mayor; they shall receive no compensation as such, and, before enter- ing upon their duties as bail commissioners, shall take and subscribe an oath to faithfully and impartially discharge the duties of their, office, and shall give bond to the city wherein they are appointed, with two good and sufficient individual sureties, or with a single corporate suretv to be CHAP. XIII. MARSHA1 AND P approved by the mayor, which bond shall be in the sun $2,500, conditioned for the faithful performance of their . I tit it- as such commissioners, and that they will well mil v account for and turn over to the clerk of the city court, in cities where such court exists, or to the tr asurei of their respective cities or counties, as the case may b< -ucli times as may be designated by the city council, all moneys, bon.U. property, and records coming into their hands as such commissioners, and that, at the expiratii i their term ol office, they will surrender and turn over as aforesaid all funds, bonds, property, papers, and records pertaining to their respective offices, then in their hand-. Suit upon an) such bond may be broughl by any county, city, or person injured 251. Id. Filing. The oaths of office and bonds commissioners shall be filed with the city recorders their respective cities. 251x0. Notices of Election. Form. At least twenty days previous to any election hereunder, the city recorder, ■i clerk or county clerk, as the case may he, shall deliver he chief of police, marshal, or other chief peace officer of -aid city or town, or sheriff of any county, as least t' notices of the election for each voting district in said city, town or county unit. Said notice -hall be substantially in the wing form : LIQUOR ELECTN >X NOTK E Notice i- hereb) given that on Tuesda) the day of June. 19 an election will be held to determine whether the -ale of intoxicating liquors -hall be allow r prohibited in i here insert the name of tin- city, town county unit) which said election will be held at 7 in the morning and -hall continue until 7 o'clock m tin afternoon of said dav. 84 XIII MARSHAL AND POLICE. Dated this dav of 19. (City Recorder, Town Clerk or County Clerk of the City, Town or County of Utah.) It shall be the duty of the chief of police, marshal or other chief peace officer of such city or town or sheriff of any . county, at least twelve days before an}' election here- under to cause said notices to be posted in public places in the vicinity of the polling- place or places. Thereupon the city recorder, town clerk, or county clerk, as the case may be, and the chief of police, marshal or other chief, peace officer or sheriff of any count} shall each file with the city council, board of trustees or board of county commissioners, a brief statement, under oath, of their com- pliance with the provisions of this section ; such statement shall be entered in the records of the city council, board of trustees or board of county commissioners, and such records shall be prima facie evidence that all the provisions of this section have been fully complied with. \!' XIV. POLICE ANP FIRE DEPTS. ?5 CHAPTER XIV. I'< (LICE \\'1> FIRE DEPARTMENTS. 251x. Council may create and maintain. That the city council of each city of 12,000 and more inhabitants in i In- state is hereby authorized to create, support, maintain, and control a police department and a fire department in their respective cities. 251x1. Police department. The police department of each city of 12,000 and more inhabitants of this State shall consisl of .1 head of the department and such officers, men employes, and agents as the city council of said cities may by ordinance prescribe. 251x2. Fire department. The tire department of each city of 12,000 and mure inhabitants of this State shall consisl of a head of the department, and such officer-, men. em- ployes, and agents as the city council of said cities maj bj ordinance prescribe. 251x3. Mayor to appoint heads of departments. The mayor of each city of 12,000 and more inhabitants of this State shall, with the advice and consent of the city council. appoint such heads of said department, and in like manner fill all vacancies in the same. 214. I 5. L. 1911. 124, - I. 1911. 251x4. City council to provide number of each depart- ment and fix salaries. The city council of cities of U.ihmi .unl more inhabitants shall have full power to provide b} ordinance the number ami grade of officers, men, employes, and agents in each department, and then tive salai 86 CHAP. XIV. POL'ICE AND FIRE DEPTS. and to increase or decrease the number of officers, men, employes, and agents in each department, and at any time to increase or decrease the salaries to be paid. In case the city council shall at any time decrease the number of officers, men, employes, or agents of either of said departments, the head of such department shall immediately remove such number of officers, men, employes, or agents as are re- quired to comply therewith. 251x5. Police officers' powers. All police officers and policemen shall possess the powers conferred upon con- stables by law ; they shall execute and serve all warrants, process, commitments, and all writs whatsoever issued by the city justice of the peace. 251x6. Head of department to appoint subordinates. Removals. The head of each department shall, by and with the advice and consent of the city council and approval of the mayor, appoint all subordinate officers, employes, men, or agents in his department, and in like manner fill all vacancies in the same. Any subordinate officer, employe, man, or agent may at any time be removed, without cause, and without charges being preferred, and without a trial, hearing, or opportunity to be heard, by the head of either department, with the consent of the council, or by the mayor, with the consent of the city council, whenever in their opinion the good of the service will be subserved thereby, and the same shall be final and conclusive, and shall nut be reversed or called in question before any court. The city recorder shall forthwith notify in writing the removed person of his removal, and it shall not be necessary to state any cause for such removal, and, from the time <>t such notification, the person so removed shall not in any case be entitled to any salary or compensation whatsoever. See Sec. 214, Chap. 125, S. L. 1911. 251x7. Heads of departments, removal of. The heads of the police or fire departments of such cities may at any I ti \r XIV POLICE AND FIRE DEP 87 time be removed without cause, and without charges being preferred, ami without a trial, hearing, or opportunity to be heard, by the mayor, with the consent of the city council, whenever in their opinion tin- good of the service will lie subserved thereby. Hie action of the mayor and of the city council in removing the head of cither department shall It final and conclusive, and shall not he reviewed or called in question before any u-nri. The city recorder shall forth- with notify in writing the removed head of either of said departments of his removal, and it shall not he necessary t" -tale anv cause for such removal, ami, from the time oi -uch notification, tin- person so removed shall not in an} case in- entitled to anv -alary or compensation whatever. 251x8. Subordinates may be suspended. The head of h department may at any lime suspend any subordinate officer, employe, man. . >r agent employed therein, when in his judgment the good of the service demands it. for a period of time not exceeding fifteen days, and, during the time of such suspension, the person or persons so suspen shall not he entitled to anv salary or compensation whatso- ever. 251x9. Council to prescribe qualifications and duties. The city council shall have the power by ordinance to pre scribe and define the qualifications and duties of the offii and employes of said departments. 251x10. Council to create police and fire departments. The city council of -aid cities of 12,000 and more inhabitants -hall, within fifteen days after March 9, 1899, by an ordinance, create a police department and a fire partment to comply with the provisions of ; 251x and ; 251x4 of this chapter. 251x11. Mayor to appoint heads of departments. The ich city and more inhabitants -hall 88 CHAP. XIV. POLICE AND FIRE DEPTS. forthwith after the ordinance referred to in § 251x10 shall have gone into effect, appoint and submit to the mayor and city council for their confirmation the names of the heads of the police and fire departments, and the head of each department shall, within ten days after having been ap- pointed, confirmed, and qualified as such, submit to the mayor and city council for confirmation the names of the subordinates selected by him. General appointive power, Sec. 214, S. L. 1911. CHAP. XV. GENERA1 l'AXl'S 89 CHAPTER XV. GENER \L TAXES. 252. Fiscal year. The fiscal year of cities shall i mence on the 1st day of January. 253. Annual tax. During the month of July of each year, the city council, al a regular meeting thereof, shall, by ordinance or resolution, levy on the real and person; property within the city made taxable by law: 1. Nol to exceed five nulls on the dollar to defraj contingent expenses ; J. Not to exceed ten mill- on the dollar to purchase water sources, streams, and the land upon which said stream- are appropriated, and canals; to construct waterworks, and to supply water for irrigation and other purpose-; 3. Not to exceed five mills on the dollar to open, im- prove, and repair the streets and sidewalks; 4. Not to exceed five mills on the dollar to construct and repair sewers and drains; 5. Nol to exceed ten mills on the dollar to construct and maintain gas works, electric light works, telephone lines, -treet railway-, or bath houses. 254. Certification of levy. The city recorder shall cer- tify the ordinance or resolution making the levy to the county auditor, or clerk, as the case may be. immediately after the passage of the same. 90 CHAP. XVI. SPECIAL TAXES. CHAPTER XVI. SPECIAL TAXES. 255. Local improvements. The city council of each city in the state of Utah, shall have the following powers : To lay out, establish, open, alter, extend, widen, and improve streets, alleys, avenues, sidewalks, parks, and public grounds, and vacate the same ; and to grade, curb and gutter, park and beautify, or otherwise improve and keep in good repair, or cause the same to be done in any manner it may deem proper, any park, street, avenue, or alley within the limits of the city; and may grade partially or to the established grade or park, or otherwise improve any part of any street, avenue or alley : and may also construct and repair, or cause and compel the construction and repair of sidewalks in such city, of such material and in such manner as it may deem proper. 256. Special taxes. Ordinary repairs. Paving districts. To defray or cause to be defrayed the cost and expense of such improvements or any of them, the city council shall have power and authority to levy and collect special taxes and assessments upon the blocks, lots, or parts thereof, and pieces of ground adjacent to or abutting upon the street, avenue, alley, or sidewalk thus in whole or in part opened, widened, curbed and guttered, graded, parked, extended, con- structed, or otherwise improved or repaired, or which may be especially benefited by any of said improvements; provided, that the above provisions shall not apply to ordinary repairs of streets or alleys, and that one-half of the expense of bringing streets, avenues, alleys, or parts thereof to the established grade shall be paid out of the general fund of the city ; and such council shall have power to pave, repave. or macad- amize any street or alley or part thereof in the city, and for * HAP. XVI SPE( I A 1 IW 91 that purposi ite suitable paving districts, which — 1 1 n 1 1 be consecutively numbered, such work to be done under contract. Schools exempt, Sec. 1933, C. L. 1907. 257. Paving taxes, how levied. The cost of paving, macadamizing, or repaving of the streets and alloys within any paving district, except the intersection of streets and space Opposite alleys within such district, shall be assessed upon the l'>ts and lands abutting upon the streets and alleys in such district, in proportion to the square feet, or front, or both, so abutting upon such streets and alleys. 258. Id. When delinquent. Collection. Supplemental assessment. The assessments of special taxes for paving purposes herein provided for shall be made as follows: The total f the improvements shall be levied at one time ■i the property, and become delinquent as herein pro- vided: one-tenth of the total amount shall be delinquent in fifty days after such levy, one-tenth in one year, one-tenth in two years, one-tenth in three years, 'tie tenth in four years, one-tenth in five years, one-tenth in six years, one tenth in seven years, one-tenth in eight years, and tenth in nine year-. Each of -aid instalment-, except the first, shall draw interest at the rate of seven per cent annum from the time of levy aforesaid until the same shall ■ne delinquent, and after the same -hall become de- linquent, interest at the rate of ten per cent per annum shall he paid thereon; I tal • >t of the im- provements shall become delinquent at such time and in such instalment-, or the entire sum at ..ne time, as the council of such city may prescribe; hut such entire sum shall become delinquent in a less time than one year. Such - shall be collected and enforced as in other cases special taxes, [i of omission, error-, or mistakes, in making such assessment or levy in respect <'i the total the improvements, or deficiencies, ..r otherwi -hall 92 CHAP. XVI. SPECIAL TAXES. be competent for the council to make a supplemental assess- ment and levy to supply such deficiencies, omissions, errors, or mistakes. See Sec. 282x7, S. L. 1909, p. 45. 259. Intersections. Duties of railway companies. The tost of paving, macadamizing, or repaying the intersections of streets and spaces opposite alleys in any paving district shall be paid by the city as hereinafter provided ; but noth- ing herein contained shall be construed to exempt any street railway company from keeping every portion of every street, avenue, and alley used by it, upon or across which its tracks shall be constructed at or near the grade of such streets in good and safe condition for public travel, but it shall keep the same planked, paved, macadamized, or otherwise in such condition for public travel as the city council of such city may from time to time direct, keeping the plank, pavement, or other surface of the street or alley level with the top of the rails of the track of such street railway. The portions of the streets or alleys to be so kept and maintained by all such street railway companies shall include all the space between its different rails and tracks and also a space outside of the outer rail of each outside track of at least two feet in width, and the tracks herein referred to shall include not onlv the main tracks but also all side tracks, crossings, and turnouts constructed for the use of such street railways. 260. District paving bonds. For the purpose of paying the cost of paving, macadamizing, or repaving the streets and alleys in any paving district, exclusive of the intersec- tions of streets and spaces opposite alleys therein, the coun- cil shall have power, and may by ordinance cause to be issued bonds of the city, to be called "district paving bonds of district number " payable in not exceeding ten years from date, and to bear interest, payable annually, not exceeding the rate of six per cent per annum, and in such case shall also provide that said special taxes and assess- CH \l\ XVI. SPE( i \i rAX 93 ments shall constitute a sinking 'fund for the paymenl of said bonds and interest, and said bonds shall not be sold for less i.han their par value; provided, that the entire cost of paving, repaying, or macadamizing any such streets, avenues, or alleys, properly chargeable to any blocks, lots, or lands, or part thereof, within any such paving district may be paid l>\ the owner of such has or lands within fifty days from the levy of such special taxes and thereupon such lots or lands shall be exempt from any lien or charge therefor. 261. City paving bonds. Whenever the council deems it expedient, it shall have power, for the purpose ^i paying the cost of paving, repaying, or macadamizing the intersec- tions of streets and spaces opposite alleys in the city, to rssuc bonds of the city, to run not more than twenty years, and to bear interest payable semi-annually at a rate not exceeding six per cent per annum, to be called "paving bonds." and which shall not In- sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying the cost of paving, repaying, or ma- cadamizing the intersections of streets and alleys in the city; provided, that the aggregate amount of such bonds issued in any one year shall not exceed the sum of $100,000; and if in an}' such city there shall be any real estate not subject I,, assessment of Special taxes for paving purposes, the coun- cil shall have the power to pave in front of the same an pay the COSt thereof that would otherwise be chargeable on such real estate, in the same manner as herein provided for the paving of intersections of streets and paying therefor. The word "lot" as in this chapter used shall be taken t' > mean an) subdivided real estate. The word "lands" shall mean any unsubdivided real estate. The word Street" shall include boulevard and ayenue. 262. Special tax according to benefits accruing. If the lots and real estate abutting upon that part of the street ordered paved, repaved, or macadamized as shown upon any 94 CHAP. XVI. SPECIAL TAXES. recorded plat or map are not of uniform depth, or if for any ether reason it shall appear just and proper to the council, the council is authorized and empowered to determine and establish the depth to which the real estate shall be charged and assessed with the cost of the improvement, and such depth shall be determined and established according to the benefits accruing to the property by reason of the improve ment. The council shall include in the paving district all the real estate to be benefited by such improvement, and shall cause it to be charged and assessed with the cost of such paving or improvement as in this chapter hereinafter provided. The provisions of this chapter in regard to. the depth to which real estate may be charged and assessed, shall apply to all special taxes that may be levied, excejjt for sidewalk, in proportion to the front or square feet. 263. District curbing and guttering bonds. Whenever curbing, or curbing and guttering, is done upon any street or avenue in an}- paving district in which paving has been ordered, and the council shall deem expedient so to do, it shall have power and authority, for the purpose of paying the cost of such curbing and guttering, to cause to be issued bonds of the city, to be called "curbing and guttering bonds of paving district number " payable in not exceeding ten years from date, and to bear interest payable annually, not exceeding the rate of six per cent per annum, and in such case, shall assess at one time the total cost of such curbing and guttering, or curbing as the case may be. upon the property abutting or adjacent to the portion of the street or avenue so improved, according to special benefits; such assessment to bcome delinquent the same as the assess- ment of special taxes- for paving purposes, and to draw the same rate of interest and be subject to the same penalties, and may be paid in the same manner as special taxes for paving purposes; and the special taxes so assessed shall con- stitute a sinking fund for the payment of said bonds and CHAP. XVI. SPECIAL I Wl S 95 interest, and said bonds shall not be sold for less than their par value. 264. Errors not to avoid tax. Action to recover. Cer- tain special taxes confirmed. No such special tax shall be declared void, nor shall any such assessment or part thereof be set aside in conseqt 61 any error or irregularity committed or appearing in an) of the proceedings uudci t lii - chapter: but any party feeling aggrieved by an) such ial tax, assessment, or proceeding may pay the said special taxes assessed or levied upon his property, or such instalments thereof as may be due, at any time before the same shall become delinquent, under protest, and with notice in writing to the city treasurer that he intends to sue to recover the same, which notice shall particularly state the and grounds thereof, whereupon such party shall have the right to bring civil action within sixty day thereafter, and not later, to recover so much of the special taxes paid as he shall show to be illegal, inequitable, and unjust, the cost to follow the judgment to be appor- tioned by the court as may seem proper, which remedy shall be exclusive. The city treasurer shall promptly report all such notices to the city council for such action as max be proper. Mo court shall entertain any complaint that the party was authorized t<> make, and did not make, to the city cuncil sitting as a board of equalization, nor any complaint not specified in said notice fully enough to advise the city of the exact nature thereof; n. .r any complaint that does not the groundwork, equity, and 'justice of the tax. The burden of proof to -how such tax or part thereof invalid, inequitable, or unjust, shall rest upon the party- who brings such suit. And in any instance where such special tax, or the levy or lent or notice thereof, or any proceeding affecting or concerning the same as annulled, le, or declared void, either in whole or in part, by any in any proceeding whatsoever, at any time after a tract for the improvement to !>e paid for l>y said sp< 96 CHAP. XVI. SPECIAL TAXES tax is let or entered into, or at any time after work on such improvement has begun, the city council may by ordinance make a new levy of such tax to the same amount and extent as such original tax was declared invalid or was an- nulled, whether such tax was held void for jurisdictional or other defects or irregularities. No notice of such ordinance need be given, and no protest against the same need be con- sidered. All special taxes heretofore levied or attempted to be levied in cities which have not heretofore been adjudi- cated void, and all notices, assessments, equalizations, and proceedings taken in relation thereto, whether void, defec- tive, or valid, in all cases where the improvements con- templated thereby have been made or contracted for. are hereby confirmed, validated, and made sufficient to the same extent as if the same were perfect in the first instance. 265. Board of Equalization. Whenever the city shall levy any tax under the provisions of this chapter in cities other than cities of the first and second class, the city coun- cil shall appoint a board of equalization and review, to consist of five of its members. In cities of the first and second class, the board of commissioners shall constitute a board of equalization and review, which said board shall, upon the completion of the list ^ of property in any of the districts taxed, give nublic notice of the completion of said lists. Such notice shall state the time and place of meeting of said board and the same shall be during the usual business hours and for not less than five consecutive . and during the time specified said lists shall be open to public inspection, and any person feeling aggrieved shall have a hearing and it shall have authority to make corrections of any tax deemed unequal or unjust. 266. Railways to pave and repair. All horse, cable, steam, electric, or other railway companies now existing or hereafter created in any city already incorporated or here- after organized shall be required to pave or repave at their \IV XVI SPE( I \1 I VXES 97 own Ml the space between their different rails and track-, and also a -pace two feet wide outside qf the outer - of the outside track-, and the tracks herein refei shall include not only the main track- bul also all side tracks, crossings, ami turnouts used by such companies. Where two or mure companies occupy the same street or alley with separate tracks, then each company shall be responsible for its ; portion of the surface of the street or alley occupied l>y all the parallel track- as herein required. Such paving or repaving by such railway companies shall be done at the same time and shall he of the same material ami character as the paving or repaving ••!' the streets or alleys upon which said railway track or tracks are located, unless other material he specially ordered l>y the city council or board of public works. Such railway companies -hall be required to keep that portion of the street which they are herein required i" pave or repave in good and proper repair, using -aid purpose the same material as the streel upon which the track or track- are laid at the poinl of repair "i such other material a- the city council or hoard of public works may require and order; and a- streets an' hereafter paved, <>r repaved, street railway companies shall he required to lay. in the best approved manner, a rail to be approved bj the city council or the hoard of public works. The tracks of all railway companies, when located upon the streets or avenues of the city, -hall he kept in repair and safe in all respects for the use of the traveling public, and -aid com- panies -hall he liable for all damages resulting by reason of neglect to keep such track- in repair, or for obstructing the -treet^ or avenui ch city. For injuries to persons or property arising from the failure of such company it- track- m proper repair and free from obstructions, such ny -hall he liable and the city -hall he exempt from liability. The word "companies" a- used in thi- chapter shall he taken to mean and include any persons, compan corporation-, or associations owning or operating an- railway in any such city. 98 CHAP. XVI. SPECIAL TAXES. 267. Id. Levy on railroad. In the event of the refusal of such company to pave, repave, or repair as required in the foregoing sections, when so directed by the council, upon the paving or repaving of any street upon which their track is laid, the council shall have power to pave, repave, or repair the same, and the cost and expense of such paving, repaving, or repairing may be collected by levy and sale of any property of said street railway company in the same manner as special taxes are now or may be collected. Special taxes for the purpose of paying the cost of any such paving or repaving, macadamizing, or repairing of any such street railway, may be levied upon the track, including the ties, iron, roadbed, right of way, side tracks, and appur- tenances, including buildings and real estate belonging to any such company or person and used for the purpose of such street railway business, all as one property: or upon such parts of such track, appurtenances, and property, or any part thereof, as may be within the district paved, repaved. macadamized, or repaired, and shall be a lien upon the property levied upon from the time of the levy until satis- fied. No mortgage, conveyance, pledge, transfer, or incum- brance of any such property or of any rolling stock or personal property of any such company, created or suffered hv a company, after the time when any street or part thereof upon which any street railway shall have been laid, shall have been ordered paved, repaved, macadamized, or repaired, shall be made or suffered except subject to the lien of such special taxes, if such levy be in contemplation. 268. Seizure and sale. The city treasurer shall have the power and authority to seize any personal property be- longing to any such person or company for the satisfaction of any such special taxes when delinquent, and to sell the same upon advertisement and in the same manner a- constables are now or may be authorized to sell personal property, upon execution at law : but failure so to do shall in no wise affect or impair the lien of the tax or any proceeding CHAP. XVI. SPECIAL TAXES. 99 allowed by law for the enforcement thereof. The railroad tracks or any other property upon which such special ta shall be levied, or so much thereof as may be necessary, may be sold for the payment of such special taxes in the same manner and with the same effect as real estate upon which such special taxes may be levied, may be sold. 269. Action against railway. Defense. It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway, and liable to pay said taxes, to recover the amount thereof, iny part thereof delinquent and unpaid, in any court having jurisdiction of the amount, and obtain judgment and have execution therefor, and no property, real or personal, shall be exempt from any such execution; provided, that real estate shall not be levied upon by execution except by ution out of the district court on the judgmenl therein, it transcript of judgment filed therein, as is now or hereafter may be provided by law. No defense shall he allowed in any such civil action except such as goes to the ground- work, equity, and justice of the tax. and the burden of proof shall rest upon the party assailing the tax. In case part of such special tax shall be shown to he invalid, unjust, or inequitable, judgment shall be rendered for such amount is just and equitable. 270. Railway tax payable in instalments. It shall be Competent for the council, upon the written applic; any company, or persons owning any such street railway, provide that such special taxes shall become delinquent and be payable in instalments, as in case of taxes levied upon abbutting real es hereinafter provided, l>ut such appli- cation shall be taken and deemed a waiver of any and all ns to such taxes and the validity thereof. Such application shall be made at or before the final levy of such taxes. The provision of this chapter in regard to the levy, 100 CHAP. XVI. SPECIAL TAXES. collection, and enforcement of special taxes to pay the costs of paving, repaying, macadamizing, or repairing between the rails of street railways shall apply to such special taxes hereafter levied. 271. Water, gas, and sewer connections. The council shall have power, in any paving district, and it shall be its duty before the work of paving or repaving is done therein, to require water, gas, and sewer connections to be made under such regulations and at such distances from the street mains to the line of the property abutting upon the street ordered paved or repaved as may be prescribed by ordinance, and shall require that such water pipe connections may be made by any waterworks company owning the waxer pipe main, and that such gas pipe connection may be made by any gas pipe company owning the gas pipe main. And upon neglect or failure of the water or gas companies to do the same, the city council or board of public works may cause the same to be done, and the cost thereof shall be deducted from any indebtedness of the city to such companies, and no bills shall be paid to the said companies by the city until all such expense for pipe laying shall have been liquidated. The council shall also have power, at any time, to assess the cost of any sewer connections and also of any water connections, when the city owns the water and water pipe main, upon the property opposite such connections, and to such depth as the council shall deem just and equitable. 272. Limit of bonded indebtedness. Nothing in this chapter shall be construed or held to authorize any city to issue bonds of the city, either as district bonds, for paving the streets, or for paving said street intersection--, or --paces opposite alleys in said city, or for any purpose whatever to any amount beyond that fixed as the limit of the bonded indebtedness of said city by law. 273. Notice of intention to tax. In all cases before the levy of any taxes for improvements provided for in this chap- CHAP. XVI. SPE( I \i r \\ lul iir, the city council shall give 1 1 > • t i c t- of intention to levy -ai'l taxes, naming the purposes for which the taxes are to In' levied, which notice shall be published at least twi days in a newspaper published within such city. Such no shall describe the improvements so proposed, the boundaries of the district to be affected or benefited by such impn ments, the estimated cost of such improvements, and desig- nate a time when the council will consider the proposed levy. If. at or before the time so fixed, written objections to i improvements signed by the owner- of two-thirds of the front feel abutting upon thai portion of the street, lane. •me. or alley to be so improved, be nol filed with the recorder, the council -hall be deemed to have acquired diction t,, order the making of such improvements. 274. Tax to be equitable. How levied. All spi taxes to cover the cost of any public impi herein authorized shall he levied anil assessed on all blocks, |>arts of blocks and lots, lands, ami real estate bounding, abutting, or adjacent to such improve! within the districts created for the purpose of making such improve- ment, to the extent of the benefits to such lots, parts of lot-. lands, and real estate by reason of such improvement; such benefits to be equal and uniform. Such assessments ma) be uare fool or fool frontage, and ma) be prorated and scaled back from the line of such improvement and an allowance made for corner lots SO that they shall not he assessed at full rate on both sti ccording to such rule- as the council shall consider fair and equitable; and all such assessment and finding "f benefit- -hall not be sub to review in any legal or equitable action, except for fra - injustice, or mistake; provided, that when any public improvement shall extend into or through any undivided tract or parcel, or parcels, of kind, sail -hall be levii Dot inst the 'ate adjoining such improvement for a f lepth than the avei ince through the subdivided re.: to be taxed I purp 102 CHAP. XVI. SPECIAL TAXES. 275. Description in levy. It shall be sufficient, in any case, in making a levy or assessment of any tax, to describe the lot or piece of ground as the same is platted and recorded, although the same may belong to several persons ; but in case any lot or piece of ground belongs to different persons, the owner of any part thereof may pay his propor- tion of the tax on such lot or piece of ground, and his proper share may be determined by the citv treasurer. 276. Total cost in one levy. The cost and expense of grading, filling, culverting, curbing, guttering, or otherwise improving, constructing, or repairing street, avenues, alleys, and sidewalks at their intersections, may be included in the special tax levied for the construction or improvement of any one street, avenue, alley, or sidewalk, as may be deemed best by the council. 277. When levied. Special taxes may be levied as the improvements are completed in front of, or along, or upon any block, or lot, or part thereof, or piece of ground, or at the time the improvement is entirely completed, as shall be provided in the ordinance levying the tax; provided, that any levy of a special tax for special improvements shall not be made until the cost of such improvement shall first have been ascertained by contract, duly let to the lowest responsible bidder, after publication of notice for at least twenty days in a newspaper of general circulation published in the city where such improvements are to be made, and the cost of such improvements shall not exceed to the property owner the amount of the contract entered into for the per- formance of the work ; provided further, that bids for the doing of all work contemplated by each special improvement shall be separately solicited and a separate contract be let therefor as above provided. 278. Notice of delinquency. When any special tax is levied it shall l>r the duty of the citv recorder to deliver ill \1'. XVI. SPECIAI I \XES. 103 to the city treasurer a certified copy of the ordinance levy ins,' such tax, antl mr-1i treasurer shall, without delay, give at • five days' notice in one or more newspapers having general circulation in said city, of the time when such tax will become delinqui 279. Special taxes may be levied. Special or local taxes may be levied by the city council or board of trustees of any city or town in this state for the purpose of con- structing, reconstructing, extending or maintaining water- works, reservoirs, canals, and ditches, laying pipes and mains, erecting hydrants and keeping the same in repair; for the purpi supplying water for domestic and irriga- tion I'm- . or cither, and for the purpose of regulating, controlling, and distributing the same, and for the purpose ol regulating and controlling water and water courses leading into the city "r town; for constructing and maintaining gas, electric, or other plants t<>r illumination, and the necessary means and cost of distribution; and for constructing, extend ing and repairing sewers and drains; and for construcl and paving of sidewalks; such taxes to be levied '>n the real estate lying am! being within the district in which such improvements may he made, or for the beneft of which such taxes are t.. he expended, t<> the extent of the benefits to such property, by reason of such improvement or expendi- ture, the benefits to such property to he determined by the ncil or hoard of trustees; provided, that in cases where the council or hoard of trustees shall find such benefits t'' qual and uniform, such levy may he made according to the fronl r square feet, of lots or real estate within said district or according to such other rule as the council or hoard of trustee- may adopt for such distribution or -tment of such costs upon the lot-, , ,r real estate in such ict benefited by such improvement or expenditure, and all I ents made for such purposes shall in the same manner as other Special nts, and -hall he sul e penalty, provided, that a 104 CHAP. XVI. SPECIAL TAXES. tax levied for supplying water for irrigation and tor dis- tributing and regulating the same, may be levied upon real estate according to the amount of water used thereon, or may be levied as an acreage tax. Approved March 20th. 1911. 280. Repairs. The foregoing provisions of this chapter .-hall apply to the repaying of streets and sidewalks, but not to repairs thereon. The council shall, by ordinance, define what constitutes repaying, what repairs, and what extra- ordinary repairs. The cost of ordinary repairs shall be borne by the city; and the council may levy and collect special taxes upon the abutting property for the purpose of defraying the cost of repairs defined to be extraordinary without previous notice of intention, or any right of the property owners to protest. The right of protest shall not exist in cases where, for any reason, any part of a street or sidewalk lying within a paving district or any extension thereof, shall not have been paved when the remainder of such district or extension was paved, and the council shall afterward levy a tax upon the abutting property for the pavement of the same. 281. Special assessment a lien. Special assessments made and levied to defray the cost and expenses of any work contemplated by the provisions of this chapter and the cost of collection thereof, shall constitute a lien upon and against the property upon which such assessment is made and levied, from and after the date thereof, and such ass< — ments shall be collected in the manner prescribed by ordinance. 282. Change of grade. Damages. Whenever by the grading of any street, alley, or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley, or public ground, after valuable improvements have been made ( HAP XVI SP1 CIA1 l VXES 1". : upon real property abutting thereon, siuii real propertj is injured or diminished in value, the owner of such real prop erty or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose. This section shall be held to cover ami apply to all cases wherein a change of established grades of street, alleys, or public grounds may have been heretofore determined upon, hut has not been carried into actual effect. 106 CHAP. XVII. CITY SCRIP. CHATER XVII. CITY SCRIP. 282x. May issue scrip, when. In any instance where any city of the first or of the second class may levy a special tax or assessment for the purpose of making any local improvement or improvements, the city treasurer, upon being so directed by the city council, at any time after the improve- ment is completed, may issue scrip against the fund to be raised by such special tax or assessment, and said scrip may be sold by said treasurer on order of the council at either private or public sale, either with or without adver- tisement, at any price not less than the face value of such scrip, and the profits or premiums of such sale, if any, shall be placed in the fund raised by such scrip, and shall be used for no purposes except those for which said fund may be used. 282x1. How issued. Interest. Such scrip shall be so issued that there shall be a separate certificate for each lot, part of lot, or parcel of land affected by said special tax or assessment. Such certificate shall contain a description, suf- ficient for identification, of the particular lot, part of lot, or parcel of land against which it is issued, and also give the block and plat in which the same is situate, and shall also state the amount of the special tax or assessment levied thereon, the date and purpose of such lev}-, and the name of the person supposed to be owner of the land taxed or assessed, and shall further state the date or dates on which said special tax or assessment, or the several instalments thereof, shall be delinquent, and also the interest payable on the same both before and after delinquency, which interest shall be provided for in the ordinance levying such tax or assessment, and shall further state that all interest on said CHAP. XVII. CITY SCRIP. 107 certificate or any instalment mentioned therein shall ci when such tax or such instalment is paid to the treasurer. No special tax or assessment or any instalment thereof shall draw a greater rate of interest than six per cenl per annum from date of issue of said scrip. 282x2. Redemption of scrip. An) owner or agent or person interested in any lot or parcel of land against which any -crip may have been issued as aforesaid for any special tax or assessment, may pay said tax or assessment, or any instalment thereof, with interest, to the city treasurer at any time after levy of such special tax or assessment, and there- upon the interest upon the amount so paid ceases, and tin- scrip standing against said land is thereby canceled and redeemed to the extent of such payment, and the lien of such scrip against said land is thereby canceled t" the extent of such payment, and it becomes the duty of the record holder of -aid scrip, upon being notified by mail l>\ the city treasurer, to present such scrip to said treasurer and receive the amount paid thereon. When any payment upon any scrip is made by the treasurer, he shall stamp or write a ription of the -aid partial payment and date thereof on -aid scrip, and keep a record of the same in his office, and whenever a complete redemption of such scrip is made, he shall write or Stamp a statement of the date when -aid lax paid, and when such scrip was presented, on such scrip, and file the same in his office. 282x3. Scrip a lien on property. Property may be sold. All scrip issued hereunder -hall he a lien against the property described therein from the date of the levy of the special tax or assessment for which the .-aid scrip was issui at any time after delinquency of the la-t instalment, the property described m -itch -crip -hall he -old h\ the city treasure; mi [or the holder of such scrip, in the same manner led by law or ordinance for the land lelinquent special taxes, to make the sum delinquent on 108 CHAP. XVII. CITY SCRIP. said scrip and the costs and expenses of such sale. After the issue of said scrip all liability of the city thereon, except for faithful accounting for funds received to redeem the same, shall cease. CHAP XVIII. SPECIAL TAX FUND 109 CHAPTER XVIII. SPECIAL TAX FUNDS IN CITIES. 282x4. Levies and assessments. Costs and expenses. In each case where a city or town levies or assesses any special or local tax tor the making and paying for any local improvement or improvements, all money paid into the cit) treasury or town treasury, as the case may be, in payment of said special tax levies or assessments, or interest thereon. be deemed to be part of, and constitute a fund for, the payment of the costs and expense of making such I improvement or improvements, and for no other purpose. The costs and expenses aforesaid shall include the contract price, engineering, inspecting, publishing, notices, and making of the tax levy. 282x5. Each fund to be kept separate. How paid out. hi any instance where a city it town may lev\ a spei tax or assessment for the purpose of making and paying for an\ local improvement or improvement-, the fund ere; l>\ such lew or assessment shall he in the custody of the city treasurer or town treasurer, as the case may he. and each fund -, , created shall be kept separate and intact from all Other funds and moneys of the city or town, as the case may he. and shall he paid out only on special tax-wan as hereinafter provided, and for no other purpose than pay- ing the costs and expenses of making the improvement or im- provements for which the special tax or assessment was levied. 282x6. Coupon warrants. In any instance where any city or town may levy a special tax oi the pur- of making or paying for any local improvement or improvements, the city auditor, in cities having an auditor. the citj ■". in cities not having an auditor, and the 110 CHAP. XVIII. SPECIAL TAX FUND. clerk of the town, as the case may be, upon being so directed by the city council, or board of trustees of the town at any time after the levy of such tax or assessment shall issue coupon warrants in payment of the cost and expense of said local improvement or improvements, and against the funds created by said special tax levies or assessments. Said war- rants shall be drawn on the treasurer of the city or town and against the special tax funds as hereinbefore provided ; such warrants shall be known as special tax warrant?, and shall be made in form, wording, and color, different and to dis- tinguish them from other warrants of the city or town, and shall only be drawn in amounts of $100, $500, and $1,000, except that the last warrant drawn in settlement in full of any claim against any special tax fund may be drawn in any sum under $100. 282x7. Tax warrants due and payable. When. All special tax warrants shall be due and payable as follows : If issued on account of paving improvements, in ten equal yearly instalments; if issued on account of sidewalk, sewer, or curbing and guttering improvements, in five equal yearly instalments. Said warrants shall indicate the time when each instalment is due, and provide that interest at the rate of six per cent per annum on the whole sum unpaid shall be due and payable at the time each instalment is due, and that in case of failure to pay any instalment at the time the same is payable, the unpaid principal due at said time shall draw interest at the rate of eight per cent per annum, and that one or more instalments in the order in which they are payable, or the whole warrant, may be paid on the day any instalment becomes due by paying the amount thereof and interest to date of payment. Approved March 11th, 1909. 282x9. Liability of city. The city or town, as the case may be, shall not be held liable for the payment of any special tax warrant, except to the extent of the funds created ill \l' XVIII SPECIAL TAX FUND. Ill and received by special tax levies or assessments; but the city or town shall be held responsible for faithful account- ing, collection, settlements, and payments of the moneys of said Funds, and when such accounting, collecting, settlements, and paying is faithfully performed, all further liability on the part of the city or town shall cease. Approved March 18th, L913. 112 CHAP. XIX. BOARD OF PUBLIC WORKS. CHAPTER XIX. BOARD OF PUBLIC WORKS. 201. Sees. 283, 284, 285 repealed. See Sec. 182, Chap. 125. S. L. 1911. 286. Duties of board. It shall be the duty of such board of public works, and it shall have power, to make contracts on behalf of the city for the performance of all such work and the erection of all such improvements as may be ordered by the council, but all such contracts shall be subject to the approval or rejection of the council ; to super- intend the performance of all such work and the erection of such improvements, except the supervision of the con- struction of city halls, market houses, jails, or other public buildings. It shall also be the duty of said board to approve the estimates of the city engineer which may be made from time to time, of the value of work as the same may progress : to accept any work done or improvements made, when the same shall be fully completed according to contract, subject, however, to the approval of the council : and to perform such other duties as may he devolved upon them by ordinance. Citizens to be employed, S. L. 1909, p. 179. CHAP. XX IX ir\ IRPI (RATE LIMITS 113 CHAPTER XX. EXTENSION OF CORPORATE LIMITS. 287. Petition. Proceedings. Win never a majority of ihe owners of real property of any territory lying contiguous to the corporate limits of any city shall desire to annex such territory to any city, they shall cause an accurate plat or map of the said territory to be made, under the super- vision of the city engineer or of a competent surveyor, and ipy of said plat "r map, certified by said engineer 01 surveyor, as the case may be, shall be filed in the office of the recorder of the city, together with a petition in writing, signed by a majority of the real property owners of the territory described in said plat; and the city council, at the next regular meeting thereof, shall vote upon the question such annexation. If two-thirds of all the members of the council vote for such annexation, an ordinance shall he prepared and passed, declaring the annexation of -aid terri- tory and the extension of the limits of said city, accordingly. \ copy of the map or plat hereinbefore referred to. duly cer- tified and acknowledged as provided by law in such cases, shall at once he filed in the office of the recorder of the proper county, together with a certified copy of the ordinance declaring such annexation, and thereupon such annexation shall he deemed complete, and the said territory shall he deemed and held to be a part of -aid original city, and the inhabitants thereof -hall thereafter enjoy the privileges ami benefits of such annexation and he subject to the ordinal and regulations of said cits. 114 CHAP. XXI. RESTRICTION' OF CORPORATE LIMITS. CHAPTER XXI. RESTRICTION OF CORPORATE LIMITS. 288. Petition. Proceeding. Whenever a majority of the real property owners of any territory within and lying upon the borders of any incorporated city or town shall file with the clerk of the district court of the count}- in which such territory lies, a petition praying that Mich territory be dis- connected therefrom, and such petition sets forth reasons why such territory should be so disconnected from such city or town, and is accompanied with a map or plat of the territory sought to be disconnected, and designates no more than five persons who are empowered to act for such petitioners in such proceedings, such court shall cause a notice of the filing of the same to be served upon said city or town, in the same manner as a summons in a civil action, and shall also cause notice to be published in some news paper having a general circulation in such city or town, for a period of ten days. Issue shall be joined and the cause tried as provided for the trial of civil causes, as nearly as may be. The proper authorities of such city or town, or any person interested in the subject matter of said petition. may appear and contest the granting of the same 289. Adjustment of terms. If the court finds that the petition was signed by a majority of the real property owners of the territory concerned, and that the allegations of the petition are true, and that justice and equity require that such territory or any part thereof should be disconnected from such city it shall appoint three disinterested persons as com- missioners to adjust the terms upon which such part shall be so severed as to any liabilities of such ci'\ or town, that have accrued during the connection of such part with the corpora- CHAP. XXI. RESTRICTION OF CORPORATE LIMITS. 115 tion, and as to the mutual property rights oi the city and town and the territory to be detached. 290. Report of commissioner. Decree. The commis- sioner shall, at a time by them fixed, hear the agents named in the petition, and also the proper authorities of the city or town in regard to the subject matter so submitted, and as n a< practicable, report their finding in the premises to the court. Upon the filing of which report, the courl shall decree in accordance therewith, and with the prayer of the petition, unless for good cause shown the court shall modify the same, or shall reject or set aside the report and app new commissioners, and continue the cause for further action to be had thereon. Approved March 20th, 1911. 291. Court may levy taxes. The court shall have power rder such taxes levied from time to time on the property included within the detached territory, as may be requisite for the purpose of paying its just proportion of the municipal obligations; the board of county commissioners shall levy such taxes under the direction of the court, and the same shall he collected by the county treasurer as other taxes. 292. Recording decree. Costs. Upon the entering of a decree detaching said territory, or any pari thereof, the clerk shall file a certified copy of the same and of the plat, in the office of the recorder of the county and in the office of the <■; and when so filed, the severance shall be complete. Each party shall pay its own witnesses, and the hall pay all other cost 116 CHAP. XXII. DISINCORPORATIOW CHAPTER XXII. D1SIXCORPORATION. 293. Petition. Notice of election. Whenever one- fourth of the legal voters of any city shall petition the district court of the county wherein such corporation is situated for the discontinuance of the said city, it shall cause to be published for at least thirty days, a notice stating that the question of discontinuing such corporation will be sub- mitted to the legal voters of the same at the next municipal election, and the form of the ballot shall be "for disincorpora- tion," and "against disincorporation." Not more than one such election shall be held in two years. 294. Canvass. Judgment. Notice to file claims. The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court. If it finds that a majority of the legal votes cast for and against such proposition were cast "for dis- incorporation," then a judgment shall be entered discontin- uing the same, and upon the entry of said judgment its corporate powers shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the corporation to be filed in said court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred. At the expiration of the time so fixed, the court shall adjudicate said claims which shall be treated as denied, and any citizen of such city at the time the vote was taken may appear and defend against any claim so filed, or the court may in it discretion appoint some person for this purpose. 295. Powers of court. The court shall have power to wind up the affairs of the corporation, to dispose of its I HAP XXI] DISINI i IRPOR VTION. 117 property, and to make provision for tin- paymenl of all indebtedness thereof, and for the performance of ii> i tracts ami obligations, and shall order such taxes levied Ei lime to time as may be requisite therefor, which the board of county commissioners shall levy against the property within the corporation. Said taxes shall be collected bj the county or city treasurer like other taxes and paid out under the orders of the court, and any surplus shall he paid mi" the school fund for the district where the same i- levied; ami all property remaining titter the winding up of the corporate affairs of such corporation, both real and personal, shall revert to such school district, which is empowered to enfi all claims for the same and to have the use of all property so \ esting. 296. Report of records. The hook-,, documents, records, papers, and corporate seal of any city so discontinued shall he deposited with the county clerk of the county in which the council last held it-- sessions, for safe keeping and reference in future. All court records of any officer shall he deposited with the nearest justice of the county, who shall have authority to execute and complete all unfinished business standing on the same. 297. Notice of disincorporation. When the incorp lion of any city shall have been discontinued, the clerk the court shall cause a notice thereof to he published for four consecutive weeks in a n r published in said county, hut if none i- published therein he shall give such notice as the court may prescribe, and shall also certify the fact to the secretary of state and to the recorder of the 298. Expenses. All expenses of the election and winding up the affairs of the corporation shall he paid l>v it. 118 CHAP. XXIII. BONDING. CHAPTER XXIII. BONDING FOR WATER, LIGHT, OR SEWERS. 308. City or town may incur indebtedness for supplying water, etc. Any city or town in this state is hereby author- ized to incur an indebtedness not exceeding four per centum of the value of the taxable property therein for the purpose of supplying such city or town with water, artificial light or sewers when the works for supplying such water, light and sewers shall be owned and controlled by the munici- pality, providing that cities of the third class, and towns, may become indebted to an amount not exceeding eight per centum of the value of the taxable property therein for the purpose of supplying such city or town with water, artificial light or sewers when the works for supplying such water, light and. sewers shall be owned and controlled by the municipality, when the proposition to create such debt shall have been submitted to the vote of such qualified electors as shall have paid a property tax in the year preceding such election and a majority of those voting thereon shall have voted in favor of incurring such debt. 309. Proposition to be submitted to voters. Notice. When the citv council of any city or the town board of trustees of any town shall have decided to submit the question of incurring a bonded indebtedness, it shall, by order, specify the particular purpose for which the indebted- ness is to be created and the amount of bonds which it is proposed to issue, and shall further provide for submitting the question of the issue of such bonds to the qualified electors of the eity or town at the next general election, or at a special election to be called for that purpose by the council or the board, as the case may be. If the question is submitted at a special election,, it shall be CHAP XXIII BONDING 119 held, except as herein otherwise provided, as nearlj as possible in conformity with tin- general election laws of the state. Notice shall be given of such election by publication in some newspaper or newspapers published in the city or town for four weeks prior thereto; or if there l>e no newspaper, then by posting notices. The council or the board, as the ease may be, shall cause ballots to be printed and furnished to the qualified electors, which shall read: "For the issue of bonds: Yes. No." If a majoritj of the qualified electors voting thereon shall have voted in favor ncurring such indebtedness, the city council or bo; may proceed to issue the amount of bonds specified, tf, however, the qualified electors shall have voted in favor of incurring an indebtedness in excess of the amount permitted by the constitution and laws of the state, such vote shall be full authority for the city council or board of trusl to issue bonds to the amount permitted by the constitution and law- of the Stat 310. Bonds, how issued and disposed of. Tax. The city council "r the board of trustees, a- the case may be. shall provide by ordinance for the issuance and dUp' such bonds; provided, that no such bonds shall be sold for than their face value. The city council or the board of trustee-, as the case may be, shall annually levy a sufficient tax t" pay the interest on such indebtedness as it falls due, and als.i t,. constitute a -inking fund for the payment of the principal thereof within twenty years from the time cont ' the same. 120 CHAP. XXIV. REPEALS. CHAPTER XXIV. REPEALS. 311. Repeal of special charters. Effect. The special charters of all cities and towns in this state, and all amend- ments thereto, are hereby repealed; but all of said cities and towns are hereby perpetuated as such respectively under then- present names and boundaries and subject to the provisions of this title. The officers of such cities and towns now in . iffice shall continue in their respective offices until the election and the qualification of the officers herein provided for ; and shall perform such duties as may be imposed by law and such other duties conformable with this title, as may be prescribed by ordinance. All rights and property of every kind and description now vested in. any municipal corporation under its present organization shall be deemed and held to be vested in the same municipal corporation upon its becoming subject to the provisions of this title : but no rights or liabilities either in favor of or against such corporation now existing, and no action or prosecution of any kind, shall be affected by such change, but the same shall stand and progress as if no change had been made. The ordinances and resolutions now in force in any city or town shall continue in full force and effect until repealed or amended, notwithstanding the change herein provided ior, so far as such ordinances and resolutions are not in conflict with the provisions of this title. CHAP. XXV. CLAIMS FOR DAMAGES. 121 CHAPTER XXV. CLAIMS F< )R DAMAGES. 312. Claim, time for presenting. Action on. Every claim against an incorporated city or town For damages or injury alleged to have been caused by the defective, unsafe, dangerous, or obstructed condition of any street, alley cross walk, sidewalk, culvert, or bridge of such city or town, or tlu- negligence of the city or town authorities in respe< I tny such street, alley, en --walk, sidewalk, culvert, or bridge shall, within thirty days after the happening of such injury or damage, be presented to the city council of such city, or board of trustees of such town, in writing, signed by the claim. mt or by some person b) claimant authorized ign the same, and properly verified, stating the particular time at which the injury happened, ami designating and ribing the particular place in which it occurred, and also particularly describing the cause and circumstance- of the said injury <>r damages, and stating, if known to claimant, the name of the person, firm, or corporation who created. brought about, or maintained the defect, obstruction, or condition causing such accident or injury, and also stating the nature and probable extent of such injury, and the amount of damages claimed on account of the same; such notice shall he sufficient in the particulars above specified the officers of such city or town to find the place and cause of such injury from the description thereof ii in the notice itself without extraneous inquiry, and it" action shall he maintained against any city or town for damages, '>r injury t.> person or property, unless it appi that the claim for which the action was brought was pre- ted i~ a the city council or the board of trustees of the town, and that such council or board did not within nine: thereafter audit and allow the same 122 CHAP. XXV. CLAIMS FOR DAMAGES. Every claim, other than claims above mentioned, against any city or town, must be presented, properly itemized or described and verified as to correctness by claimant or his agent, to the city council or board of trustees within one year after the last item of such account or claim accrued, and if such account or claim is not properly or sufficiently itemized, or described or verified, the city council or board of trustees may require the same to be made more specific as to the itemization or description, or to be corrected as to the verification thereof. 313. Claimed barred if not presented. It shall be a sufficient bar and answer to any action or proceeding against a city or town, in any court, for the collection of any claim mentioned in § 312, that such claim had not been pre- sented to the city council of such city, or to the board of trustees of such town, in the manner and within the time in § 312 specified; provided, that in case an account or claim, other than a claim made for damages on account of the unsafe, defective, dangerous, or obstructed condition of any street, alley, crosswalk, way, sidewalk, culvert, or bridge, is required by the council or board to be made more specific as to itemization or description, or to be properly verified, sufficient time shall be allowed the claimant to comply with such requirement. CHAP. XXVI. DEPOT SITES. 123 CHAPTER XXVI. DEPOT SITES. 313x. Cities and towns may grant depot sites. Vote of people thereon. The city council of anj city, or board of trustees of any incorporated town, of this state is authorized to ;iid and encourage the building of railroads by granting to any railroad company, For depot or other railroad pur- poses, real property of such city or incorporated town, not necessary for municipal or public purposes, upon such limitations and conditions as said council or board of trustees may prescribe; provided, however, that no such grant shall be made to any railroad company, unless the question of making said grant has been submitted to the qualified electors of the city or town at the next municipal or special election to be called for that purpose by the city council, or town board. If the question is submitted at a special election, it shall be held as nearly as possible in conformity with the general electicm laws of the slate. Notice shall be given of such election by publication in some news- paper or newspapers published in the city or town for four weeks prior thereto; or if there be no newspaper, then by posting notices. The city council, or town board, shall illots to be printed and furnished to the qualified which shall read: "For the proposed grant for depot or other railroad purposes: Yes. No." If a majority of the qualified electors voting thereon shall have voted in favor of such grant, the city council, or town board, shall then proceed to convey the property to the railroad company. -: 126 CHAP. XXVI II. CORPORATE SURETYSHIP. street, alley, or highway across which its located line may pass. ( l IUNTIES. !'.( (UNDARIES. 457. Definitions. The words "range." township." and "section," as employed in this chapter, refer to the Salt Lake meridian and base line of the United States survey. except in such cases as the word "range" obviously refers to a range of mountains. 458. Id. In the description of courses the words '"north." "south." "east." and "west," shall be construed to mean true courses. 459. Existing counties. The several counties as they are in this chapter named and described are the counties of the State until otherwise changed by law. 475. Salt Lake county. Beginning at the intersection of the summit of the Wasatch range with the summit of the spur range terminating at the Hot Spring in the northern part of Salt Lake City ; thence southwesterly along said last mentioned summit to a point east of a point 136 rods north of said Hot Spring; thence west to the middle of the channel of Jordan river: thence down the middle of said channel to the mouth of said river; thence west to the wesl line of range 1 west ; thence southwesterly, and equidistant between Antelope island and the south shore of Great Salt lake to the base line of the I'nited States survey where intersected by a straight line drawn between Black Rock, on the south shore of said lake, and the middle point of the line running from the west shore of the said lake at latitude 41 degrees north, to a point on the ea>t shore of said lake west of the middle channel of the Weber river, where said channel lies north of the northwest corner of Kingston's fort; thence southeasterly through Black Rock CHAP. XXVIII. CORPORATE SURETYSHIP 127 to the northern end of, and thence along the summit of the Oquirrh range to the summit of the cross ranye between the Oquirrh and Wasatch ranges; thence easterlj along said lasl mentioned summit to the summit of the Wasatch range; thence northwesterly along said lasl mentioned sum- mit to the point of beginning. 511. Powers of board. The Board of County Com- missioners in each county has jurisdiction and power, under such limitations and restrictions as are prescribed by law Cities and towns not affected. Nothing contained in this title is intended to diminish, impair, or in an\ wise affect the powers conferred upon incorporated cities or to\\ IK. 632x5. Plats of cemeteries must be recorded. Within months after the passage and approval of this chap the executive officers in control of all cemeteries, and all individual-; offering burial lots for sale in any county of this shall file and cause to be recorded in the office the county recorder of the count v within which said cemeteries are sil rate plat of the cemeterii cemetery under their control, which said plat shall clearly • the sections of burial lots which have been disposed and the names of the persons owning or holding the sections of burial lots held for disposal, and thereafter the executive officers of any of said cemeteries shall file additional plat- of any additions to said ceme- teries before offerinj de any burial lots therein; the said recorder shall nol collect any fees for filing and record i n lt the said original plats. 632x6. Cerificate of burial rights. Every puchaser of a lot of burial righl 'herein shall be furnished by the execu- tive officers or individual owner of said cemeteries with a 128 CHAP. XXVIII. CORPORATE SURETYSHIP. certificate of burial rights properly signed by them, and the same may be filed and recorded by the county recorder of the county within which the said cemetery is situated. 632x7. Transcripts of burial rights to be filed with re- corder. Penalty. On the first day of January and of July in each year, the executive officers of all cemeteries and individual owners offering burial lots for sale shall file with the county recorder of the county within which said ceme- teries are situated, a transcript duly certified by such execu- tive officers of any and all deeds or certificates of sale, or evidences of burial rights, issued by them during the pre- ceding six months. The said county recorder shall file said abstract without charge and make any and all necessary notations upon the plats of said cemetery theretofore filed with him as in § 632x5 provided. A failure to comply with the requirements of §§632x5-632x7 by the executive oficers or individual in control of any cemetery shall be a mis- demeanor. CHAP, XXX. CITY COURTS. 129 CHAPTER XXX. CITY COURTS. 686x. City court created. There is herebj created within cities of the first class in this Stale, a court to be known as the city court of (naming the city i, ami there is also created the office of city judge, whose election, qualification, duties, and term of office shall be as hereinafter provided. 686x1. Judges of the city court to be elected. Term. At the municipal election, to be held on the Tuesday following the first Monday of November, in the year 1901, and quad- riennially thereafter, there shall he elected in each of the cities of the first class of this State, two judges, to be known : the city court, whose term of office shall be four years, beginning at twelve o'clock noon on the first Monday of January su g their election, and to hold office for the period of four years, and until their ted and qualified, as hereinafter -lated. The said judges -hall he elected by the qualified el. ■ the respective cities of the first class, and under the laws and regulations governing general elections; provided, ■ that the first election shall lie held under the laws and regulations governing municipal elections; and. provided further, that the judges so el< the first election herein uled for. shall hold office for the term of three yi and until their elected and qualified, and theii -hall bi ! at the general election to held on Tuesday next following the first Monday in mber, 1' 686x2. Qualifications. No person -hall he eligibli •lie city court, who. at the timi 130 CHAP. XXX. CITY COURTS. his election, is not a qualified elector and a bona fide resident of the city of the first class, for which he may be elected, nor shall any person be eligible to said office who has not been admitted to practice in, and is not in good standing in, the supreme court of this State. 686x3. Shall take oath. Upon entering upon the duties of the said office, each judge shall take the constitutional oath. 686x4. Failure to perform duties or absence from State forfeits office. Vacancy filled by appointment by mayor. In case any judge of the city court shall fail or refuse to perform the duties of his office for a period of thirty con- secutive days, without reasonable excuse, or in case he shall absent himself from the State for ninety days, he shall be deemed to have forfeited his office, except that such absence may be extended as provided by the consti- tution of this State, in the case of judicial officers, and in case any vacancy occurs in the office of judge of the city court by death, resignation, absence, failure, or refusal to perform his duties, or otherwise, the said office shall be filled by the mayor of said city, by and with the consent of the city council, and the appointee shall hold his office for the same time, as provided in the case of appointees to state and judicial offices. 686x5. Municipal officers. Paid by city. Judges of the city court shall be deemed to be municipal officers, and their salaries, as are herein provided, shall be paid by the city in which they are elected, in the manner prescribed for the payment of other municipal officers, which salary they shall take in lieu of all other compensation. 686x6. Salaries. The annual salaries of judges of the city court shall be $2,500 each, payable out of the city treasurv of the city in which they are elected. CHAP XXX. Cm COUR1 131 686x7. Must reside and hold court in city. Ever) judge of ;i city court shall reside in and hold a court in the city for which he is elected, and the city council of cities of the first class shall provide suitable rooms for holding the city courts, together with attendance, furniture, lights, and stationery, sufficient for the transaction of business, the expenses of which shall be paid out of the general funds of the city treasury. 686x8. Recorder is ex officio clerk. Duties. The city recorder of such citi the firsl class is ex officio clerk of '.he city court. As clerk of the city court, he shall: 1. Take charge of, and safely keep, or dis] cording to law, all books, papers, and records, which may be filed or deposited in his office; _'. Issue all process and notices required to be issued; enter a synopsis for all orders and judgments proper b entered, unless the law or the court shall require them to he entered at length; keep a register of actions, in which must he entered the title of each cause, and the dale of mencement, names of the attorneys, a memorandum of each subsequent proceeding therein, with date the; and the final disposition, or judgment therein, and indexes as are required by law to I > « kept by the clerk ol the dis- trict court; a!-" a register of criminal actions; 3 Administer oaths, and perform such other duties iy he required by law. 686x9. Rules. Ever) city court may make rules, not inconsistent with the law, for it* own government, and the ernment of it- officers, which rules shall taki ten da) s after the same ed. 686x10. Jurisdiction, i it) court- shall ha jur- n of the foil ing within the count)-, whet city mated, and ction arising without tin 132 CHAP. XXX. CITY COURTS. 1. In actions arising on contract, for the recovery of money only, if the sum claimed is less than $500 ; 2. In actions for damages for injury to the person, or for taking or detaining personal property, or for injury to personal property, or for an injury to real property where no issue is raised by the answer involving the plaintiff's title to or possession of the same, if the damages claimed be less than $500; 3. In actions for a fine, penalty, or forfeiture, less than $500, given by statute or by the ordinances of an incorporated city or town where no issue is raised by the answer involving the legality of any tax, impost, assess- ment, toll, or municipal fine; 4. In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed is less than $500, though the penalty may exceed that sum. When the payments are to be made by instalments, an action rnay be brought lor each instalment as it becomes due. 5. In actions to recover the possession of personal property when the value of such property is less than $500. 6. To take and enter judgment on the confession of a defendant, when the amount confessed is less than S500. 686x11. Limitation on jurisdiction. The parties to any action in a city court cannot give evidence upon any ques- tions which involve the title or possession of real prop- ertv. or which involve the legality of any tax, impost, toll, or municipal fine, nor can any issue presenting such ques- tion be tried by such court: and if it appear from the answer of the defendant verified by his oath, or that of his agent or attorney, that the determination of the action will necessarily involve the question of title or possession to real property, or involve the legality of any tax. impost, toll, or municipal fine, the court must suspend all further proceedings in the action, and certify the pleadings t" the clerk of the district court of the count] in which said city court is situated; and from the time of filing such plead- chap, xxx cm cour rs. 133 ings or transcript with the clerk, the district court has the action the same jurisdiction as if it had been o menced therein; provided, that in cases of forcible entry and detainer, of which city courts have jurisdiction, any evi- dence otherwise competent 13 be given, and any be tried, i- a material witness tor either party: J That either party cannot have a fair and impartial trial before such judge by reason of the interest, prejudice. or such judg 3. When, from any cause, a judge i- disqualified from act!' 4. When a judge before whom an action i- pendiri sick or unable to act. 686x31. Id. But one motion for change. A chang ie had on motion of the same part v. more than once in any pending action. 686x32. Id. In certain cases to district judge. Judge pro tempore. Whenever, b) reasons of a change of 140 CHAP. XXX. CITY COURTS. granted, there is no other judge of concurrent jurisdiction before whom a pending cause may be tried, the judge grant- ing the change shall, except in cases hereinafter mentioned, certify all pleadings and a transcript of the proceedings in said cause to date to the district court, in and for the county where said action is pending, where, within thirty days, the party at whose instance the change was granted must docket said cause. Thereafter, said cause shall in all respects be treated as if originally commenced in the district court : provided, that in all cases wherein a change of judge is granted, and such change would result in certification of said cause, to the dis- trict court, the parties litigant may. by written stipulation filed in said cause, agree upon a judge pro tempore for the trial of said cause. The party so agreed upon as judge pro tempore, must be a member of the bar in good standing, and, when appointed by stipulation in any cause, shall in said cause have and exercise all the powers and jurisdiction of a regularly elected judge of the city court. 686x33. Fees of judge pro tempore. The fees of a judge pro tempore in the city court, unless otherwise agreed upon by the parties litigant and the party acting as judge pro tempore, shall be $10 per day, to be taxed as costs by the successful party. 686x34. City court seal. All city courts in cities of the first class shall have a seal, which, after this chapter goes into effect, shall be affixed to all writs and process issued out of such courts. 686x35. Id. Form. Such seal --hall be in circular form, not to exceed two inches in diameter, and shall contain in its impression nothing but the words "City Court of (inserting the name of the city) seal.'" surrounded by a scroll. 686x36. Id. Custodian of. The clerk of the court shall be the custodian of the seal. CHAP. \X\1 DISQUALIFICATION OF JUDGES. 141 CHAPTER XXXI. DISQUALIFIC \ I'M >N I IF JUDGES. 692. When disqualified. Except 1>\ consenl of all par- ties, ii" justice, judge, nor justice of the peace shall -it or is such in anj action or proceeding: 1. To which he is a party, or in which he i- interested; 2. When he i- related u< cither party b) consanguinity ■ >r affinity within the third degree, computed according the rules of law : 3. When he has been attorney or counsel for either party in the action "r proceeding. But the provisions of this section shall not apply to the ngement of the calendar or the regulation of the order of business, nor to the power of transferring the action or proceeding t" -"me other court. 693. Judge cannot act as attorney. Exception. A jus- tice of the suprei irt, "i" a judge of the district court, • >r . if a city court, "r a judge of a municipal court, cannol act as an attorney or counsel in the court of which he •• in any other court, except in an action or pro- vhich he i- a party of record; that a ity court and a judge of a municipal court, shall permitted t" practici the district courts in this ted probate matter-. \m'd '05, p. 8. 694. Judge's partner acting as attorney. \" ■ judicial officer -hall have a partner acting rney "r counsel in any court of this state. 695. Sittings public. Tin ry court of re public in the n •>! 10 142 CHAP. XXXI. DISQUALIFICATION OF JUDGES. 696. Id. Exceptions. In an action for divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in its discretion, exclude all persons who are not directly interested therein, except jurors, witnesses, and officers of the court; provided, that in any cause the court may, in its discretion, during the examina- tion of a witness, exclude any and all other witnesses in the cause. 3678. Party may appear in person or by attorney. Who may act as attorney. Parties in justices' courts, in cities other than the first cla>s. may appear and act in person, or by attorney, and any person, except the officer by whom the summons or jury process was served, may act as attor- ney: provided, that in cities of the first class, no person other than the parties to the action shall conduct or prosecute a suit in a justice, city, or municipal court except attorneys at law who shall have been regularly admitted to practice in the courts of this state. !■ XXXIII. STENOGRAPHERS. 143 CHAPTER XXXIII. CITY C< >URT STENOGRAPHER 728x2. Judge may employ. Any judge of the city courl in cities of t lie firsl class may employ and contract with a competent stenographer to report the proceedings in any civil case in such court, where the amount involved in controversy exceeds the sum of £100, and upon the request of either party to such action. 728x3. Compensation. How paid. The amount to be paid such stenographer shall not exci r day for actual service- rendered in reporting, and he shall be allowed to charge eight cent- per folio for a transcript of his no The per diem shall he paid "tit of the city treasury. 728x4. Reporter's fees. The party requesting the re- porter'- services -hall pay to the clerk the -tint of $3 as re- porter'- fee-, and the same shall he taxed a- costs in the action. 144 CHAP. XXXIV. ELECTIONS. CHAPTER XXXIV. ELECTIONS. 782. Special election defined. Special elections are such as are held at other times, for any purpose required by law except municipal and school elections. 817. Duty of registry agent. It shall be the duty of the registry agents appointed as herein provided for the election districts within the several incorporated cities and towns, at any time when called upon to do so at their respec- tive offices, and not elsewhere, between the hours of eight o'clock a. m. and nine o'clock p. m. of the first and third Tuesdays, and also in cities of the first md second class, the fourth Tuesday, prior to the municipal or town election, to receive and register the names of all persons applying for registration who are legally qualified and entitled to vote at such election, or who will legally have acquired a residence (being otherwise qualified) and who have a right to vote at such ensuing election according to the provisions of law under which such election may be held in each elec- tion district. The expense of such registration shall be paid by the city or town from which the same is made. 818. Id. Official Registry. Before the day on which any special election is appointed to be held, and in cities of the first and second class, before the day on which any primary election is appointed to be held, the registry agent must furnish one of the judges in his election district, at a time not later than one day next preceding the day on which the election is to be held, a copy of the official registry for his district, but no copies need be posted. 821. Person must register to vote. Xo person shall hereafter be permitted t" vote at any general, special, munici- CHAP. XXXIV. ELECTIONS. 145 pal, school election or at any primary election for the nomination of officers to be voted for at municipal elections in cities of the first and second class, without having first been registered within the time and in the manner and form required by the provisions of this chapter. 821x. Presiding officers, and judges of elections at primary elections. Opening and closing of polls. Exception. Political parties, organizations, or associations in this state may appoint presiding officers and judges of election at any primary election that they may deem just and propel In all cities of the first and second class the polls at such primary election shall he open at four o'clock in the afternoon and close at nine o'clock in the afternoon of the same day on which such election is held ; provided, however, that the foregoing provisions shall nol apply to primary elections for the nomination of officers provided by law to he elected in cities of the first and second class. In cities of the first and second class primary elections for the nomination of officers shall be conducted as provided in Section 2 of this act. 821x1. Who entitled to vote. No person shall be en- : t>> vote at any primary election unless of the age of twenty-one years, and a duly qualified voter under the laws of this State, or shall have been a duly qualified voter at the next ensuing State, city, or school election for which such primary is being held under the prescribed rules and regula- tions of the political party, or organization, or association so holding the primary election, provided, 'hat in the selec- tions of candidate> t.> he voted for at elections for municipal offices, ni cities of the first and second ilasv. all persons entitled to vote at the ensuing city election shall he entitled to participate in such primary. 822. Nominations. Any convention of delegates of a political party which presented candidates at the last preced- 146 CHAP. XXXIV. ELECTIONS. ing election held for the purpose of making nominations for public office, and also voters to the number and in the manner specified in Section 825. may nominate candidates for public offices to be filled by election within this State. A convention within the meaning of this chapter is an organ- ized assemblage of voters or delegates representing a political part}- which at the election before the holding of such convention polled at least two per cent, of the entire vote cast in the State, county, or other political division or dis- trict for which the nomination may be made. A committee appointed by any such convention may also make nomina- tions to public office or fill any vacancies in the nominations made by the convention when authorized to do so by resolu- tion duly passed by the convention at which the such com- mittee was appointed. Provided that nothing in this section or chapter contained shall be constructed so as to authorize any number of voters, convention, or committee of any political party to nominate more than one group of candi- dates or have placed on the official ballot more than one group of candidates or more than one ticket, by adopting any name, emblem or device, other than the regular name, emblem, and device of the political party represented by the voters, committee or convention making such nomina- tion ; provided, further, that any voters, convention or committee of any political party may nominate any one or more person or persons who may have been nominated by any other voters, convention or committee, but in making such nomination, the name of such nominee shall be placed upon the regular ticket of the political party represented by the voters, convention or committee making such nomination and no political party shall be permitted to have placed upon the official ballot, either directly or indirectly, more than one ticket or more than one group of candidates or to i;roup the same persons on different ticket- In the same party under a different name or emblem. In cities of the first and second class .ill candidates for \r XXXIV ELECTIONS. 147 municipal offices shall be nominated as provided b) Section 2 i if this act. 825. Id. Candidates for public office except candidates for municipal offices in cities of the firsl and second class, ma) be nominated otherwise than by convention or i mittee in the manner following: \ certificate of nomina- tion (.-"111.1111111- tlir names of candidates For the offices t" be filled with such information as is required to be given in the certificates a- hereinbefore provided for in other cases, ex- cept that such certificates shall designate in nol more than Five words, instead of a party, the political or other name winch the signers .-hall -elect, -hall he signed by voters re- siding within the district or political division and for which the officer it officers arc to he elected, to the numbei lea-t Five hundred, when the nomination 1- for an office to he filled by the enters of the entire State of at least i ne hundred, when the nominations for an office to be filled by the voters of the district less than the State and greater than a county, or by the voters of a county; and of at least fifty; when the nomination is for an office to be Filled by all the voters of a precinct, town, city, or other divisions; le-s than a comity. The signatures to a certificate of nomi nation need not all he appended to one paper. The certificate may designate or appoint upon the face thereof one or more persons, who. for the purposes set forth in Section S33 and shall represent the signers of said certificate. Each voter signing a certificate shall add to his signature, his place of residence, and shall, before an officer duly author ized to take acknowledgments, acknowledge his signature and take oath that he i- a voter within and for the political division for which such nomination i- made, and ha- truly ted hi- residence. Such certificate shall also contain a tement bj the voter that the name or names of the person or persons nominated in the certificate will not he printed upon the official ballot, or upon any party ticket a- the inees of an) political party or voters and that the name 148 CHAP. XXX IV. ELECTIONS. or names of the persons nominated in the certificate will not be printed upon the official ballot under the name or device adopted in the certificate. It is hereby made the duty of the officers making up the official ballot to erase from the certificate any name or names of nominees con- tained in such certificate that will otherwise appear printed upon the official ballot as the party ticket. Such certificate, when executed and acknowledged as above prescribed, may be filed as provided for in Section 824. in the same manner and with the same effect as a certificate of nomination made by a convention or committee as provided for in Section 822; provided, however, that in cities of the first and second class all candidates for municipal offices shall be nominated as provided in Section 2 of this act. 830. List of nominations to be published or posted. Before an election to fill any public office, the county clerk of each county or recorder of each city, or town clerk of each town, shall publish in at least one and not more than two newspapers published within the county, city, or town, as the case may lie, or post notices in at least three con- spicuous places in each precinct where such election is to be held, a list of all the nominations to offices certified to him under the provisions of this chapter: provided, however, that in cities of the first and second class publication of nomina- iiiui of candidates shall be made as provided in Section 2 of this act. Such publication shall be made three times, except as otherwise provided in this section, the first publi- cation to be not less than six days nor more than ten days prior to the day of election, and shall contain the name and the party or other designation of each candidate, and shall be, as far as possible, in the form of the official ballots. In the case of municipal elections, such publication of the names of candidates for municipal offices shall be made in news- papers which are published in the municipality where the election is to be held. One of such publications shall be made in the newspapers which advocate the principles of CHAP. XXXIV. !•. I El riONS. 149 the political part) thai at the lasl pre< election the largesl number of votes and another of such publica- tions, if more than one is to be made shall be in the news- paper which advocates the principles of the political p: which at the last preceding state election cast the next largest number of votes. The clerk or recorder in selecting the respective papers for such publications, shall selecl those which, according to the besl information he can obtain, have the largest circulation within the county. It' there be no daily newspaper published within the county, city, or town, as the case may be, one publication in each newspaper shall be sufficient. Should the clerk or recorder find it imprai to make the publication six days before the election day, in counties where no daily newspaper is printed, he shall make the same at the earliest possible da) thereafter, the publications in any newspaper shall be in the last issue thereof before the da) of election. In counties, cities, or towns where it i^ impracticable to make publication in newspapers advocating opposite political principles, pub- lication shall be made in the newspapers having the largest circulation. In counties, cities, or towns where there are no newspapers published, the clerk or recorder shall p double the number of printed lists, ami Midi additional lists he posted in other conspicuous places in different por- - 'TING MACHINES. 868x. Commission on voting machines established. Duties. The governor, secretary of state, ami attorney ral. ami their successors in office, are hereby created and constituted the state commission on voting or ballot- ing machines, h shall lie the dntv of said commissioners me all voting -r balloting machines which maj red for their inspection in order to determine whether such machines comply with the requirements of this cha] and can safely be used by voters at elections under the provisii ns of this chapter: and no machine or machines shall 152 CHAP. XXXIV. ELECTIONS. be provided by the board of county commissioners or city council, or other board having charge and control of elec- tions in each of the counties and cities or towns of the State, unless the said machine or machines shall have received the approval of a majority of said commission as herein provided. 868x1. Commission to report on machines. Only ap- proved machines to be used. Any machine or machines which shall have the approval of a majority of said com- mission may be provided for use at elections by the boards authorized so to do under the provisions of this chapter. The report of said commission on each and every kind of voting or balloting machine shall be filed with the secretary of state within thirty days after their examination of said machines, and the secretary of state must, within five days after the filing of any report approving any machine or machines, transmit to the board of county commissioners or city council, or other boards having charge and control? of elections in each of the counties, cities, or towns of the State, a list of the machines so approved; provided, that no such machine or machines shall be purchased unless the party or parties making the sale shall guarantee in writing to keep the machine or machines in good working order for five years without additional cost, and shall give a sufficient bond conditional to that effect to be filed and approved by the secretary of state. 868x2. Approval ninety days before election. Xo ma- chine or machines shall be used unless such machine or machines shall have received the approval of the state commission at least ninety days prioi to any election at which such machine or machines are to be used. 868x3. County or city authorities may provide for the use of voting machines. The board of county commission- ers, city council, or other board having charge and control CHAP XXXIV. ELECTIONS 153 of elections in each of the counties, cities, or towns of the State may, at any regular meeting, or at any special meet- ing called For thai purpose, provide for and require the use of a voting or balloting machine, or machines for receiving and registering the vote at any or all elections hell in such county, city, or town, respectively, or in any one or mure of the election < 1 i - 1 r i >.- 1 - or precincts thei and every such board of county commissioners, city council or ether board having charge ami control of elections in eaeh of the counties, cities, or towns of this state, may determine upon and require the use of voting or balloting machines at any or all elections to be held within such county, city, or town of the state, or in one or more election districts or precincts thereof, and thereupon the voting or balloting machine or machine- so determined upon anil re- quired shall he used in voting for all public officers ti 1 for by the voters of such counties, cities, or towns of the state, or in the election district or districts, precind recincts thereof, for which the same -hall have been so determined upon and required, and also in voting upon all amendments to the constitution, and upon all laws or propositions or questions which may he lawfully submitted and for receiving and registering the \ casl at any and every such election. 868x4. City and county may jointly own machines. In purchasing the nece- ting or balloting machines to b herein provided, the hoards of county commissioners of city councils of the several coun- - t town- may, by agreement entered into by sail! [ county commissioners and the city council of any incorporated city or town in such county, provide for the joint purchase and tenl ownership thereof, and for the care, maintenance, and use of the same. Payment for voting machines purchased may he provided for in such manner a- -tied for th of the ■ t y. city, or town purchasing the machines; and any 154 CHAP. XXXIV. ELECTIONS. such count)', city, or town may for that purpose issue bonds, notes, certificates of indebtedness, or other obliga- tions, which shall be a charge upon such county, city, or ti nvn. 868x5. Requirements of voting machines. No voting or balloting machine shall be approved by the said com- mission hereinbefore referred to unless the same be so constructed as to provide facilities for voting for the can- didates of as many different parties or organizations as may make nominations for office, and for and against as many different propositions or amendments as may be sub- mitted ; nor shall any such machine be approved unless the same will permit a voter to vote for any person for any office; it must enable the voter to vote and select a ticket all from the nominees of one party, or a ticket selected in part from the nominees of one party, and in part from the nominees of any or all other parties, and in part from independent nominations, or in part or in whole of the names of persons not nominated by any party or upon any independent ticket. Such machines must also secure to the voter privacy and secrecy in the act of voting. Such machines must also be so constructed that a voter cannot vote for a candidate or a proposition or amendment for whom or on which he is not lawfully entitled to vote, also to prevent voting for more than one person for the same office, in which event they must enable the voter to vote for as many persons for that office as he is by law entitled to vote for, and no more; they must also prevent his voting more than once for the same person for the same office; and allow of his reversing his vote in case of mistake or desire to change; and such machines must be so con- structed that all votes cast for any person voted for, or for or against any proposition or amendment submitted lo the voters, shall be accurately regi tered or recorded: and any machine to be approved by said commission here- inbefore referred to must lie of such kind, style, or pat- CHAT. XXXIV. ELECTIONS. 155 in ii as will permit the exercise by each voter oi the full right and privilege of his elective franchise under the constitution and laws of this state. 868x6. County and city authorities to provide and care for machines. The board of enmity commissioners, or cit) council, or other hoard having charge and control of elections adopting a voting or balloting machine shall, as -""ii as practicable thereafter, provide for such polling place or places as the) may determine, one or more voting machines in complete working order, and also such other ssories as maj be required for the practical working of the machine, and shall thereafter preserve and keep the machines m repair, and shall have the custody of the furni- ture and equipment. If it shall be impracticabli M'P'y each and every election district with a voting or balloting machine or machine- at any election following such adop- tion, as many may be supplied as it is practicable to pro- cure, and the -ante may be used in such election districts '•r precincts within the county, city, or town as the board having control may direct. 868x7. Stationery and instructions. The officers charged with the duty of providing ballots shall provide three complel of ballots for each voting machine, one ilaced in the machine when it is prepared for the election by the custodian, one set to be given to the election officers with the election supplies, and one be held in reserve. Such ballots shall be printed in black ink on clear white material of such size as will fit the ballot hohhr- on the machine, and -hall, in as large, plain, clear letter- a- the space will reasonably permit, show the nan such parties, officer-, and candidates, and ments of such questions, a- air to be voted on. The with tlu- duty of providing ballots -hall provide for each election district in which a voting machine d at least two sample ball h of which 156 CHAP. XXXIV. ELECTION'S. shall be arranged in the form of a diagram showing such portion of the face of the machine as shall contain the machine's ballot herein referred to. The officers chai - with the duty of providing ballots shall pravide for each election district in which a voting machine is to be used the proper instructions to voters for voting on the machine, and the proper blanks, certificates, tally sheets, and other printed matter necessary for the proper preparing of the machine and conducting of the election, and for making the returns thereof, according to the type of machine to be used. With the exception of such ballots and sample ba' - as shall be delivered with the machines to the polling places. all stationery and supplies shall be delivered to one of the election officers of each election district not later than twelve hours next preceding the election. Two copies of the official registry list shall be furnished to the judges of election of each election district in which a voting machine is to be used. On each page of such copies shall be provided a column in which shall be written in figures the number of each voter voting, as indicated by the order in which he shall vote. In all other respects said registry list shall be arranged as now provided by the law governing the arrangement of such registry lists. No poll books shall be furnished for any election district in which a voting machine is sed. 868x8. Duties of county clerk, city recorder, or town clerk. The county clerk, city recorder, or town clerk, other officer having charge and control of the election in an election district in which a voting machine is to be used, shall cause the proper ballot- I be placed on the machine corresponding with the sample ballots herein pro- vide'] for, and the machines in every way put in order, and adjusted, ready for use in voting at such election; and. for the purpose of so labeling, putting in order, setting, and adjusting the machine, he may employ one or more competent persons who shall be known as the voting ma- CHAP. XXXIY. ELECTIONS. 157 chine custodian or custodians, and who shall be paid the time -pent in the discharge of their duties, in the - manner as election officers are paid. Said custodians shall, under the direction .of said county clerk, city recorder, town clerk, or other officer having charge and control of the election, cause the machine to be so labeled, put in order, I, and delivered to the polling place of the i tion district in which the election is to be held, together with all furniture and appliances necessary for the proper 'ucting of the election, at least one hour before the time set for opening the polls on election day. In preparing voting machines for an election, the custodian shall, accord- ing to the directions furnished, arrange the machine and the ballots therefor so that it will in every particular meet the requirements for voting and counting at such election in the manner provided for by the construction of such machine. When a voting machine shall have been properly prepared for election and delivered at the polling place of the election districts, it shall be locked and sealed against movement, and the keys thereof shall be delivered to the county clerk, city recorder, town clerk, or other officer having charge and control of the election, together with a written report made by the custodian of the machine, stating that it is in every way properly prepared for the election. tity clerk, city recorder, town clerk, or other officer having charge and control of the election, shall thereupon provide prop tection for the machine, to prevent its being tampered with. Before each election at which a voting machine i- to hi- used, tin- custodian or custodians he machine shall instruct each judge of election that in an election district in which a machine is to he I, in the the machine and in the duties of judge election in connection with it, and shall give to each judge lection that ha- received such instruction and is fully qualified to properly conduct th< m with the machine, thai effect. For the purpose of giving such instruction, the custodian shall call such n r meet- l) 158 CHAP. XXXIV. ELECTIONS. ings of the judges of election as shall be deemed necessary liv the county clerk, city recorder, or town clerk, or other officer having charge and control of the election. 868x9. Duties of election judges. The judges of elec- tion of each election district in which a voting or balloting machine is to be used shall, before each election at which they are to serve, attend such meeting or meetings as shall be called by the county clerk, city recorder, town clerk, or other officer having charge and control of the election, for the purpose of receiving such instruction concerning their duties as shall be necessary for the proper conducting of the- election with the machine. Each judge of election that shall qualify for and serve in the election shall be paid, for the time spent in receiving such instruction, in the same manner and at the same time as he is paid for his service- on election day; provided, however, that in no case shall he receive payment for more than one day for receiving such instruction. No judge of election shall serve in any election at which a voting or balloting machine is used unless he shall have received such instruction and is fullv qualified to perform his duties in connection with the machine, and has received a certificate to that effect from the custodian of the machines. The judges of election of each election dis- trict in which a voting or balloting machine is to be used shall meet at the polling place therein at least thirty minutes before the time set for opening the polls of that election, and shall place the voting machine and furniture for the proper conduct of the election. They shall, before opening of the polls, compare the ballot on the machine with one of the sample ballots furnished, to see that the names, num- bers, letters, and their respective locations thereon agree. They -hall examine the seal upon the machine to see that it has not been broken and shall examine every counter therein to see that each registers 000. If any counter in the machine shall be found not to register 000. a notice thereof designating such counter, together with the number regis CHAP. XXXIV. ELECTIONS. 159 tered thereon, shall be written out and signed by the judges oi elect ion. and a copy thereof shall be posted in a conspicu- ous place within the polling place, where it shall remain during the election. The judges of election shall certify on each of the blanks furnished for that purpose as to the condition of the machine and the counters therein, which blanks shall be signed by each judge of election; and after the election one of each shall be delivered with each cop) of the election returns. The judges of election shall post the sample ballots furnished, some inside and some outside the polling place, in places in which they can be readil) examined by voters before voting; and they shall also posl such printed instructions to voters and other notices as shall be furnished. During the election two of the jud lection shall check on tin registry lists the name of every elector presenting himself and qualified to vote in such n district at such election, before such eh enters the machine, and shall write in figures in the place gnated on each of such registry lists the number of such elect' ir in the order in which he votes. One judge of ion shall give to each elector before he enters the machine such instructions as shall be necessary for properly voting "ti it, and shall then admit him to the machine. Mo poll bonks shall be used in an election district in which a ng machine is used. 868x10. Voting machines to be in plain view. The rior of the voting or balloting machine and every part ol the pollin shall be in plain view of the election "finer- and public \ ^uard-rail shall be constructed at three feet from the machine, with openings to admit ifficers of election, t.. and from the machine. 868x11. Voting to be secret. After the opening of the polls the judges of election shall not allow any voter to pass within the guard-rail until they ascertain that he is duly entitled to vote. The operation of voting by an elector 160 CHAP. XXXIV. ELECTIONS. while voting shall be secret and obscured from all other persons, except as provided in cases of voting by assisted electors. No voter shall remain within the voting or ballot- ing machine booth longer than one minute, and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the judges of election. 868x12. Judges to ascertain and declare results of elec- tion. As soon as the polls of the election are closed, the judges of election shall lock the voting or balloting machine against voting, and, in the presence and full view of the public who may be lawfully within the polling place, proceed to demonstrate and declare the result of such election as registered or recorded or received by the machine, and to record same on the tally sheets, according to the instructions furnished. In recording the votes registered on any counter that before the opening of the polls did not register 000, the judges of election shall, upon the tally sheets, substract the number registered on such counter before the openniu" of the polls from the number registered thereon at the close of the polls, and the difference between such numbers shall be taken as the correct vote for the candidate whose name is opposite such counter on the machine; provided, however, that, if the number registered on such counter at the close of the polls shall be smaller than the number registered thereon before the opening of the polls, the number 1,000 shall be added to the number registered on such counter at the close of the polls, before such subtraction shall be made. As such result is ascertained and declared, it shall be recorded and then verified by being compared with the numbers registered on the counters in the machine, and if found to be correct, the judges of election shall at once announce the same and make returns as provided by law. 868x13. Record to be preserved six months. Excep- tion. The judges of the election shall, as soon as the result is fully ascertained and declared, as in the preceding section CHAP XXXIV. ELECTIONS. 161 required, lock the machine so that the record of each elec- tion shall be preserved for a period of six months following such election, except in cases where the machine is re- quired for use in a subsequent election during such period, in which case the board of county commissioners, city council, or other board having charge and control of the election, shall inspect the registering or recording and re- ceiving device of the machines, and file a report of said inspection with the count}- clerk. Said reporl of said board of county commissioners "i- city council, when so certified and filed, shall be prima facie evidence of the vote at such election. Any supplementary or duplicate record of an election, which may be furnished by a machine, shall be preserved by the county clerk for one year following such election. 868x14. Misconduct at elections. The provisions of the law relating to misconduct at elections shall applv to elections with voting or balloting machines. 868x15. Election districts, how created. For any elec- tion in any county, city, or town in which voting or ballot- ing machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, pro- vided Mich is done ninety days prior to the approaching :ion so as to contain nol to exceed 600 votes each. 868x16. Ballot defined. The list of candidates used or to on the voting or balloting machine shall be deemed an official ballot under this chap i an election district in which a ' >r balloting machine is used pursuant to law. The word "ballot" as used in this chapter means that on of the cardboard or paper or other material within the ballot frames, containing the names of the candidates for office, or a statement of a proposed constitutional amend- ment, or other question or proposition with the word "for" or the word "against," or "yes" or "no." 162 CHAP. XXXIV. ELECTIONS. 868x17. Provisions of general election laws apply where voting machines used. The provisions of title 21, Compiled Laws of Utah, 1907, and all laws supplementary thereto or amendatory thereof in so far as they are applic- able, shall apply where voting or balloting machines are used, as in this chapter provided. 868x18. Id. All laws and parts of laws of this state relating to elections, and prescribing the powers and duties of election officers, shall, so far as applicable to the use of voting or balloting machines, remain in full force and effect; and all laws and parts of laws inconsistent here- with shall not be applicable in each county, city, or town, or any election district thereof, wherein such voting or balloting machine or machines shall lie used, and nothing in this chapter contained shall be construed as repealing any existing law or authorizing any deviations or omission therefrom, except as provided for or set forth herein. 868x19. Penalty. Any wilful violation of any provision of this chapter or any wilful injury to any voting or ballot- ing machine, tending to injure its effectiveness, or to change the true expression given by the voters at any election, shall be a felony, and shall be punishable as such. CHAP. XXXV. MUNICIPAL ELECTIONS 163 CHAPTER XXXV. MUNICIPAL ELECTIONS. 887. Date of municipal elections. Terms of office. t)t: the Tuesdaj next following the first Monday in Mo vember, 1911, and biennially thereafter, there shall be held m each incorporated city and town of this state an elei tii > i i to fill all elective offices in said city and town, and the officers thru elected shall qualify and enter upon their duties at twelve '■'cluck meridian on the first Monday in January next succeeding their election, and continue in office for two years, unless otherwise provided, until their essors are elected and qualified. The term of offici all the present elective officers in cities of the first and nd class shall expire at twelve o'clock meridian on the first Monday in January. 1' ' 1 J, provided thai in cities of the first class, the election and term of office of tin- officers shall be as follows: In the year 1**11 there shall be elected at large in said cities of the first class a mayor and four commissioners, to constitute the hoard of com- missioners, and an auditor. The mayor and two commis- sioners shall be elected for a term of four years, and two of said ioners and the auditor shall be elected for a term of two years, and biennially thereafter there shall be elected an auditor for a term of two years, and two commissioners for a term of four y< h, and quadren- nially thereafter there shall be elected a mayor for a term of four years. The auditor shall be elected for a term of two years. Provided that in cities of the second class the election and term of office of the officers shall be as fol- ln the year 1 ' ' 1 1 there shall he elected at large in ond class a mayor and two commissioners, to constitute the hoard of commissioners, and an auditor. The mayor and one commissioner shall be elected for a 164 CHAP. XXXV. MUNICIPAL ELECTIONS. term of two years, and one of said commissioners shall be elected for a term of four years, and biennially thereafter shall be elected a mayor, and auditor and one commis- sioner, the mayor for the term of two years, such commis- sioner for a term of four years and such auditor for a term of two years. The officers elected shall enter upon their duties at twelve o"clock meridian on the first Monday in January next succeeding their election. In cities of the third class there shall be elected in the year 1903 five councilmen at large, four of whom shall be for a term of two years and one for a term of four years, and biennially thereafter there shall be elected three for a term of two years and one for a term of four years. The municipal officers herein provided shall continue in office for the respective terms to which they are elected, as provided in this act and until their successors shall be elected and qualified. 888. Appointive officers hold till succesors qualify. All appointive officers in said cities and towns shall hold their respective offices until their successors shall be ap- pointed and qualified. 889. Qualifications for voters at municipal elections. All qualified electors of the state who have resided in the county four months, and in the precinct and city or town for sixty days next preceding any municipal election are entitled to vote at such election. 890. Appointment of judges. Voting places. Laws governing. In all municipal elections the city council and board of trustees of the town shall appoint judges of elec- tion and designate the places of voting. There must be at least one voting place in each election district in cities, at any regular election. At special elections for any pur- pose there shall be at least one voting place in each munici- pal ward. All elections must be conducted according to CHAP XXXV. MUNICIPAL ELEl M"\S 165 the general laws of the state, and all notices and lists of names required to be posted l>_\ registry agents prior to any general election shall also be posted by the registry tits prior to any municipal election, the necessary changes ln-inur made a^ to time of posting same. 891. Canvass of returns and issue of certificates. Tie votes, < m the Monday following any election, the city council or the board of trustees oi the town must convene and publicly canvass the result, and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highesl number of votes for am one of the offices voted the tie shall be decided by lot in the presence of tin- may..!- and city recorder, or the president of the board of trustees and the town clerk, as the case may be, upon a day ted by the mayor or by the presidenl of the board ■ ustees 892. Offering or giving bribe. Promising employ- ment, etc. It shall l>e unlawful for any person, directly or indirectly, by himself or through any Other person: 1. To pay, loan, or contribute, or offer or promise to pay. l..an or contribute any money or other valuable con- sideration to or for any voter, or to or for any other ■n to induce such voter to vote or refrain from voting at any election provided by law, or to induce any voter to ..r refrain from voting at such election for any par- ticular person or persons, or to induce such voter to go to the polls or remain away from the polls at such election, or unt of such \oter having voted or refrained from iny particular person, or having gone to the remained away from the polls at such election: g e, offer, or promise any office, place or em- promise or procure, or endeavor to pro- cure an-. r employment, to or for any \ r for any other person, in order to induce such 166 CHAP. XXXV. MUNICIPAL ELECTIONS. voter to vote or retrain from voting at anv election pro- vi led by law, or to induce any voter to vote or refrain Irom voting at such election for any particular person or persons, or to obtain the political support or aid of any such person or persons. 3. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election provided by law, or to knowingly pay or cause to be paid any money or other valuable thing to any persons in discharge or repay- ment of any money, wholly or in part expended in bribery at any such election. 913. Chapter applicable to all elections. The provi- sions of this chapter shall extend, so far as applicable, to all elections provided by law, special, general, municipal, school and primary elections in cities of the first and second class. Section 2. Primary elections. Candidates to be voted for at all general municipal elections in cities of the first and second class, under the provisions of this act, shall be nominated by a primary election, and no other name shall be placed upon the general ballot except those selected in the manner hereinafter prescribed. The primary election for such nomination shall be held on the second Tuesday preceding the general municipal election. The judges of election appointed for the general municipal election shall be the judges of the primary election, and it shall be held at the same place, so far as possible, and the polls shall be opened and closed at the same hours. Any person desiring to become a candidate for mayor or commissioner or auditor shall, at least ten days prior to said primary election, file with the said recorder a state- ment of such candidacy, in substantially the following form : CHAP XXXV. Ml "Nil 1 1'AL ELECTIONS. 167 Stair of Utah County, SS. 1 being first duly swi >i n, sa) that I reside at Street, city of nty of State «'t' Utah; that I am a qualified voter therein; that 1 am a candidate for nomina- tion to the office of (stating the term), to be voted upon at the primarj election to be held on Tuesday, the day of October, 1 ( .> and I hereby request that my name be printed upon the official primary ballot for nomination by Mich primary election for such offii ^ned) Subscribed and sworn to (or affirmed) before me by on this .... day of ... "'-'"•'I' (Official character of officer taking the oath.) And shall at the same time file therewith the petition of at least one hundred qualified voters requesting such candidacy. Each petition shall be verified by one or more persons as to the qualifications and residence, with street number, of each of the persons so signing the said petition, and the said petition shall be in substantially the following form : PETITION VCCOMPANYING NOMINATING STAT! Ml. XT. The undersigned, duly qualified electors of the city of and residing at the places set -ite cur respective names hereto, do hereby request that the name of (name of candidate) be placed on the i a- a candidate for nomination for (name of office and term i. at the primary election t" be held in such city "ti Tuesday, the day of October, 1''.... We further state that we knew him to be a qualified elector lid city and a man i moral character, and quali- m "nr judgment, for the duties of Mich office. 168 CHAP. XXXV. MUNICIPAL ELECTIONS. Names of qualified electors. Number. Streets. Immediately upon the expiration of the time of filing the statements and petitions of candidates, the said city recorder shall cause to be published for three successive days in all the daily newspapers published in the city, in proper form, the names of the persons as they are to appear upon the primary ballot, and if there be no daily newspaper, then in two issues of any other newspapers that may be published in said city; and the said recorder shall thereupon cause the primary ballots to be printed, authenti- cated with a facsimile of his signature. Upon the said ballot the names of the candidates for mayor, arranged alphabetically, shall first be placed, with a square at the left of each name and immediately below the words, "Vote for one.'' Following these names, likewise arranged in alphabetical order, shall appear the names of the candi- dates for commissioner for the two years' term with a square at the left of each name, and below the names of such candidates shall appear the words, (Vote for , stating the number as the case may be.) Following these names, likewise arranged in alphabetical order, shall appear the names of the candidates for com- missioner, for the four-year term, with a square at the left of each name and below the names of such candidates shall appear the words, (Vote for stating the numbers as the case may be.) Following these names, likewise arranged in alphabetical order shall appear the names of the candidates for auditor, with a square at the left of each name, and below the names of such candidates shall appear the words, ''Vote for one." The ballots shall be printed upon plain, substantial white paper, and shall be headed : CANDIDATES FOR NOMINATION FOR (state the office to be filled) OF CITY. AT THE PRIMARY ELECTION CHAP. XXXV. MUNICIPAL ELECTIONS. But shall have ti. » part} designation or mark whatever, ballots shall be in substantially the following fo the necessary changes to be made to conform t" offices and terms ti i be filled : (Place a cross in the square, preceding the names oi the persons you favor as candidates for the respective posi tii >ns ( (FFICIAL PRIM \KY B \I I < I I . I WDIDMIS FOR NOMINATION FOR (state I lie offices to be filled) I )F CITY, AT THK PRIM >iR^ ELE( TU IN. For Mayor - Names of Candidates I Vote for one i For Commissioner for the two-year tei i Names of I Candidates I ite for state the number to be elected at the municipal election, i For Commissioner for the four-year term. Names of candidates. (Vote for state the number to be eledted at the municipal election.) For Auditor i Names i if < Candidates > i \ ote fi >r i >ne i I Ifficial ballot att< nature) City Ri Having caused such ballots to be printed, the said city rder shall cause to be delivered at each polling pi a number of said ballots, equal to twice the number of votes in such voting district at the last general municipal election for mayor. The persons who are qualified to vote at the general municipal election and who at the time of such primary election are registered, shall be qualified to at such primary election, and challenges can be made than two persons, to be appointed at the time 170 CHAP. XXXV. MUNICIPAL ELECTIONS. of opening the polls by the judges of election : and the law applicable to challenges at a general municipal election shall be applicable to challenges made at such primary election. Judges of election shall immediately, upon the closing of the polls, count the ballots and ascertain the number of votes cast in such district for each of the candi- dates, and make return thereof to the city recorder within twenty hours of the closing of the polls, upon proper blanks to be furnished by the said recorder. On the day follow- ing the said primary election, the said city recorder shall canvass said returns so received from all the polling dis- tricts, and shall make and publish in all the daily news- papers of said city at least once, the result thereof. Said canvass by the city recorder shall be publicly made. The two candidates receiving the highest number of votes for mayor shall be the candidates and the only candidates whose names shall be placed upon the ballot for mayor at the next succeeding general municipal election, in cities of the first class the four candidates receiving the highest number of votes for commissioners, shall be the candidates, and the only candidates whose names shall be placed upon the ballot for commissioners at such municipal election : providing, that at the next general municipal election held in cities of the first class after taking effect of this act, the four candidates receiving the highest number of votes for commissioners for the four-year term and the two-year term, respectively, shall be the candidates and the only candidates whose names shall be placed upon the ballot for commissioners at said next municipal election, and the two candidates receiving the highest number of votes for auditor shall be the candidates and the only candidates whose names shall be placed upon the ballot for auditor. In cities of the second class the two candidates receiving the highest number of votes for mayor shall be the candi- dates and the only candidates whose names shall be placed upon the ballot for mayor at the next succeeding general municipal election, and the two candidates receiving the CHAP XXXV. MUNICIPAL ELECTIONS 171 highest number of votes For commissioner, for the two year term, and the two candidates receiving the highesl number of votes for commissioner for the four-year term, >hall l>e the candidates and the only candidates whose names shall be placed upon the ballol for commissioner at such municipal election, and the two candidate- receiving the highest number of votes for auditor shall be the candi dates and the only candidate-. The ballot at the municipal election -hall be in substantially the same form as the primary ballot. All electors of cities under this act who. by the laws governing cities .>i" the first and second class, would he entitled to vote for the election of officers at any general municipal election in such cities, -hall be qualified to vote at all elections under this act; and the ballot at such general municipal election, SO far as applicable, and in all elect inns in such city, thi incts, voting places, method of conducting election, canvassing the votes, announcing the results, shall be the same as by law provided for election ifficers in such cities, so far as the same are applicable and not inconsistent with the provisions of this act. Approved March 20th, 1911. 172 CHAP. XXXVI. FEDERAL JURISDICTION. CHAPTER XXXVI. FEDERAL JURISDICTION. 963x1. Jurisdiction ceded U. S. over federal buildings. | urisdiction is hereby ceded to the United States in, to. and over any and all lands or territory within this state which has been or may be hereafter acquired by the United States for the purpose of sites for public buildings, of every kind whatever, authorized by act of congress ; the state, however, reserving the authority to execute its process, both criminal and civil, within such territory. 963x3. Jurisdiction ceded over Fort Douglas and Fort Duchesne. That jurisdiction be. and the same is hereby, ceded to the L'nited States in and over all lands comprised within the limits of the military reservations of Fort Douglas and Fort Duchesne, in the State of L'tah. to continue so long as the L'nited States shall hold and own the same for military purposes or in connection therewith and no longer, saving, however, to the said state the right to serve all civil process and such criminal process as may lawfully issue under the authority of this state against persons charged with crimes against the laws of the state, committed within or without said reservations. Sec. 2. This act shall take effect upon approval. Approved March 9th, 1911. CHAP. XXXVII. IKES. 173 CHAPTER XXXVII. - I >l JUR( IRS WD WITNESS! S 1004. Witnesses for defendant in criminal case. Ex- pense. No witness For a defendant in a criminal case -liall be subpoenaed at the expense of the state or of a county, excepl upon an order of the court. Such order shall be made only upon affidavit of the defendant, showing: 1. Thai said defendant is impecunious and unable to pay the per diem and mileage of said witness; 2. That ilu- evidence of said witness is material for defendant's defense as he is advised b) his counsel, if he lia\ e counsel ; 3. Thai said defendant cannol safelj proceed to trial without said witn 1005. Certain officers not entitled to witness fees. No officer of the I'mied States, or "i the State of Utah, or oi any county, incorporated city nr town, within the Stati I 'tali, who is drawing a regular salary, in excess of $500 annum, shall receive anj per diem when testifying in a criminal proceeding. 1006. Double fees forbidden. No witness shall receive in more than one criminal the same day. 1007. Interpreters' fees. Interpreters and translat be allowed such compensation for their services as the illow, t>> be taxed and collected as othei the same shall i • d $3 per day. 1015. Officers to keep account of fees. Payment into treasury. All »• trict, county, city, town, and scl pting notaries public, boards "i arbitration. 19 174 CHAP. XXXVII. FEES. tices of the peace, and constables, shall keep a correct account of all fees collected by them, and shall pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same. 1023. All officers must keep fee books. It shall be the duty of every officer in this title named, who is authorized to receive any fees for official services of himself or deputies, to keep a fee book, in which he shall enter an exact and full account, in detail, of all fees, commissions, or compensa- tions, of whatever nature or kind, by him or his deputies earned, collected, or chargeable, with date, the name of the payer, and the nature of the service in each case. If any person shall hold more than one office, he may keep a sepa- rate fee book for each office, and may make separate state- ments for each, or he may keep a joint fee book and make joint statements, at his discretion. 1024. All officers to post fee bill. It shall be the duty of every officer herein specified to prepare and keep posted in a conspicuous place in his office, a plain and legible state- ment of the fees allowed by law, upon pain of forfeiting, for failure to do so, $50, to be recovered, with costs, by any person, before any justice of the peace of the county. 1026. Receipt for fees paid. Every officer, upon re- ceiving any fees for official duties or services, may be required by the person paying the same to make out in writing and deliver to such person an itemized account of such fees, and shall receipt the same; and if he refuses or neglects to do so when required, he shall be liable to the party paying the same fur three times the amount so paid. 1027. Not keeping fee book, etc. Penalties. If any officer shall refuse or wilfully neglect to keep a fee book, or t; as damages, and shall pay costs of suit. 1030. False certification as to fees a felony. Every clerk of the district court, county attorney, justice of the peace, or other officer who shall certify as a fact any matter which he knows to be untrue, whereby any witness or juror shall be allowed a greater sum than he would otherwise be entitled to under the provisions of this title, shall be deemed guilty of a felony. 1031. Officers forbidden to purchase certificates. No n connected officially with any of the district courts of this state, and no state, district, county, or precinct officer shall purchase or cause to be purchased any certificate issued to any juror or witness under the provisions of this title. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. 1032. Certificates invalid after one year. Any holder of a witness or juror's certificate specified in this title shall be required to present it to the county treasurer or to the nty auditor, as the case may be, of the county where such certificate was issued, within one year from the d [f the same shall not be presented for pa) ment within that time, it shall be invalid and shall not be 176 CHAPTER XXXVIII. FLOATING DEBT. CHAPTER XXXVIII. FLOATING DEBT ON ADMISSION OF STATE 1067. Floating indebtedness at statehood may be re- funded. All counties, cities, towns, school boards, and school districts that had a floating indebtedness at the time Utah was admitted as a state are hereby authorized to borrow an amount of money equal to the amount of such floating in- debtedness ; provided, that such floating indebtedness is not in excess of that authorized by law ; and, provided further, that all money borrowed under the provisions of this title shall not bear a greater rate of interest than the original obligation to be thereby liquidated. 1068. Money applied to such indebtedness. All money so borrowed shall be applied in the payment of the indebted- ness designated in § 1067; and no bond or note issued by any county, city, town, school board, or school district, upon which such money shall be borrowed, shall be sold for less than its face value. CHAP. XXXIX LOCAL BOARDS OF HEALTH. 177 CHAPTER XXXIX. LOCAL BOARDS OF HEALTH. 1105. Municipal boards. It shall be the duty of the board of trustees or city council of every incorporated town or city of the state to establish by ordinance a board of health for such town or city, to consist of three or more persons, one of whom, when practicable, shall be a physi cian, a graduate of a regularly chartered medical college, who II be the executive officer of the board and be known as the health officer. 1107. Duties and powers. Every local board of health, whether county or municipal, shall supervise all matters per- taining to the sanitary condition of its county, town, or city, and shall have power and authority to order nuisances or the cause of any special disease of mortality to be abated and remot ed. It shall be the duty of the local boards of health and health officers to use diligence in the discovery of contagious and infectious diseases, to maintain strict quarantine, and to cause all infected persons and premises to be disinfected in accordance with the rules of the state board of health. Said disinfection shall be performed by the local health officer, or a competent agent, for whose actions the health officer shall be responsible in every way as though performed b) him- ln no case -hall any disinfection performed by membi i of a quarantined household be accepted as compliance with this section. If any local health officer shall fail or refuse to properly keep records, make report-, enforce quarantine, disinfeel infected persons or premises, or to perform am the duties provided by law. he shall be deemed guilty of a misdemeanor, and, upon a complaint made bv the - hoard of health, it shall he the duty of the city council, 178 CHAP. XXXIX. LOCAL BOARDS OF HEALTH. town board, or board of county commissioners by whom he was appointed to give the said local health officer a hear- ing, and if the charges are sustained, they shall immediately remove him and appoint his successor. The term "local health officer," used in this chapter, shall apply to town, city, and county health officers. See Sees. 1111-1113x28, C. L. 1907. 1108. Reports to state board of health. Every local board of health or health officer shall report to the secretary of the state board of health, at such times as the state board may require, the sanitary conditions of the locality. the number of births and deaths, and the cause of death as near as can be ascertained, within their jurisdiction, during the preceding month. It shall be the duty of the local health officer to make a monthly report to the state board of health, on or before the 5th day of each month, of all cases of scarlet fever, smallpox, diphtheria, membraneous croup, typhoid fever, whooping cough, measles, chickenpox, pneumonia, and tuberculosis, which have occurred within his jurisdiction during the previous month; and upon receipt of notification of the existence of any case of either. of said diseases in any family, a member of which is in attendance upon any public or private school, he must at once report the existence of such disease to the principal of the school so attended, giving the name and address of the person so affected, and the nature of the disease. If no case of any of the diseases mentioned in this section has occurred dur- ing the month, the fact shall be so reported to the state board of health in the same manner as hereinbefore provided. It shall be the duty of the local health officer to make an annual report of his actions and those of the local board of health to the state board of health. 1109. Sanitary rules and ordinances. It shall be the duty of the board of trustees of everv incorporated town, and of the city council of every incorporated city, and of the \r XXXIX. LOCAL HOARDS OF HEALTH. 179 board of enmity commissioners of each county in the state, to establish by ordinance such sanitary rules and regulations as may be necessary to promote the general health, and to prevent the outbreak or spread of infectious or contagious diseases; and to provide penalties for the infraction of any of such ordinam 1110. Quarantine. \ny local board of health may de clare quarantine in its county, city, or town, or any pari thereof, against a contagious or infectious disease prevai there or elsewhere, and against all persons and things likely spread contagion or infection. Each of such boards shall have power and authority to enforce such quarantine until the same is raised by it. and may confine any person affected with or likely to spread contagion or infection to the house or premises in which he resides, or to a place to be provided by the hoard for the purpose. 180 CHAP. XL. ANNUAL CONVENTION. CHAPTER XL. ANNUAL CONVENTION OF HEALTH OFFICERS. 1113x21. Convention to be held at state capital. There shall be held annually at the state capital, at such time as may be designated by the state board of health, a conven- tion of health officers of the state. 1113x22. Membership. Expenses. The health officer of each city, incorporated town and county of the state shall be a member of such convention, and his actual and neces- sary traveling expenses shall be paid by the city, incor- porated town or county from which he holds his appointment. 1113x23. Purposes of convention. Said convention shall be held for the purpose of disseminating knowledge as to the cause and prevention of disease, and the best method of enforcing the sanitary laws of the state, and the rules and regulations of the state hoard of health, and shall be under the general direction of the state board of health. I HAP XLI. HOLIDAYS. 181 CHAPTER XLI. HI >LID \YS. 1145. Legal holidays. The Following named days are legal holidays in this state: Every Sunday; the Isl day of January, commonly called New Year's Day; the 12th da) of February, the anniversary of the birth of Abraham Lincoln; the 22nd daj of February, the anniversar) of the hirth of George Washington; the 15th day of April, com monly called \rh.>r Day; the 30th da) of May, commonl) called Decoration Day; the 4th da) of July, commonly called Independence Day; the _'4th day of July, commonl) l Pioneer May: the first Monda) in September, known as Labor hay: the 25th da) of December, commonly called Christmas; and all days which may be set apart 1>\ the president of the United States, or the governor of this state. by proclamation, a- days of fast or thanksgiving; provided, that when any of said days, except the first mentioned. shall tall "it Sunday, the following Monday shall be the holiday. 1146. Arbor day proclamation. The governor shall each year is-uc a proclamation, recommending the observ- ance of Arbor day by the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, and in the adornment of public and private grounds, places, and ways, and in such other efforts and undertakings as shall he in harmony with the general character of such holiday. 182 CHAP. XLII. POLL TAX. CHAPTER XLII. POLL TAX EXEMPTIONS. Sec. 1743. Road Poll Tax. Two dollars lawful money is an annual Road Poll Tax upon every man over twenty-one and under fifty years of age, not physically incapacitated to work and not exempted by law. Within incorporated cities or towns, said Road Poll Tax may be collected and expended under such regulations as may be by the city ordi- nance prescribed in road improvements. All Road Poll Tax, except such as is collected by incorporated cities or towns, shall be paid into the county treasury and shall be expended under the direction and pursuant to the order of the board of county commissioners of the county, in making and improving roads. Sec. 1744. Exemptions. Any member of any regular volunteer unpaid fire company, at present organized, or that may hereafter be organized, as provided by the ordinance of any city in the state of Utah, who has been or may here- after continue in the service in said company, is hereby exempt from the payment of road poll tax, during the time of such service. The secretary of said fire company shall issue to each member thereof a certificate giving name, age, and term of service, whether active or retired, properly signed by the officers of said company, which certificate shall upon presentation to the county treasurer be a proper authority for said treasurer to issue a receipt for the current year to the person presenting the same. Sec. 17.45. Exemptions. Every honorably discharged sol- dier and sailor of the L'nited States army or navy who served during the Spanish-American war or subsequent Philippine insurrection shall be exempt from road poll tax: and every i HAP. XI. II. POLL TAX 183 officer, non-commissioned officer, musician and private ol the National Guard of Utah shall be exempl from road poll tax during the time lie shall hold a commission a^ officer or be enrolled as an enlisted man in the National Guard of Utah. The captain of any company of the National Guard of Utah shall furnish to an\ county commissioners on request, the name-- oi the officers, musicians and privates of hi Company. Approved March 9, 1911. 184 CHAP. XLIII. HIGHWAYS. CHAPTER XLIII. HIGHWAYS— WIDTH. 1117. Width of public and private ways. The width of all public highways, except bridges, alleys, lanes and trails, shall be at least sixty-six feet. The width of all private high- ways and by-roads, except bridges, shall be at least twenty feet : provided, that nothing in this title shall be so construed as to increase or diminish the width of either kind of high- wav already established or used as such : provided, further, that nothing in this title contained shall prevent cities from laying out. establishing, opening or accepting the dedica- tion of streets, avenues, boulevards and alleys of any width the council of such cities shall deem proper. Approved March 11th, 1909. 1121. Highways in cities and towns. Where public highways extend through any incorporated town or city they shall conform to the direction and grade and be sub- ject to all regulations of other streets in such town or citv. CHAP. XLIV IX I' >XH "AT1XG LIQUORS. 185 CHAPTER XLIV. MANUFAl n U! WD SALE OF [NTOXICATING LIQUORS. AN ACT relating to the manufacture, sale, exchange, bar- ter and disposition of intoxicating liquor; providing for the licensing and regulation of the same; providing for elections in cities, towns and county units to deter- mine whether the sale of intoxicating liquors shall be prohibited therein; permitting sale in cities and towns until a majority of voters vote "Against sale," and prohibiting sale in county units until a majority of voters vote "for sale," applying to such elections Chapter 10, Title 21, Compiled Laws of Utah, 1907. and also the provisions of the General Election Laws of the State; providing penalties and punishment for the violation of any of the provisions of this Act ; de- claring certain rules of evidence and pleading applic- able to prosecutions under this Act; providing means for the enforcement of the provisions of this Act ; saving to city councils, boards of county commissioners and boards of town trustees, the power to make further regulations and restrictions in addition to, but not in con- flict with, the provisions of this Act; repealing Sections 1242 to 1260, both inclusive, and also Sections 1260x and 1260x1, Compiled Laws of Utah, 1907. Be it enacted by the Legislature of the State of Utah: 1242x1. Manufacture, sale, etc.. of intoxicating liquor prohibited, without license. Penalty. Any person who, by himself, his clerk, servari nt. shall, for himself, or any pcrs"t: else, directly or indirectly, or upon any pretense, or ■ my devic ed by law, manufacture, 186 CHAP. XLIV. INTOXICATING LIQUORS exchange, barter, dispense, serve, give away, give in consider- ation of the purchase of any property or of any service, or in evasion of this act. or keep for sale, any intoxicating liquors with intent to violate the law. within dry territory, or solicit, take or accept any order to effect or commit any of the fore- going acts, within dry territory, or for the shipment, service or delivery of any such liquor, contrary to law. or own, keep, or be in any way concerned, engaged, or employed in own- ing or keeping any intoxicating liquors, in dry territory, with intent to violate any provision of law, or to authorize or permit the same to be done, in dry territory, shall be deemed guilty of a misdemeanor. Any person who shall manufacture, sell, exchange, barter, give away or otherwise furnish intoxicating liquors in wet territory, without first procuring a license so to do, as pro- vided by law, shall be deemed guilty of a misdemeanor. 1242x2. Intoxicating liquors construed. The terms "in- toxicating liquors." as used in Chapter 106, Laws of Utah. 1911. shall be construed to mean any spirituous, vinous, fer- mented or malt liquor that may be used as a beverage and produces intoxication, and all mixtures or preparations there- of that may be used as a beverage and produce intoxication. The weirds, "dry territory." as used in the law relating to the manufacture and sale of intoxicating liquor, shall be construed to mean all territory within the State except such voting units wherein an election has been held and the majority of the qualified electors have voted "for sale." The words, "wet territory." as used in the law of this State relating to the manufacture and sale of intoxicating liquors shall be construed to mean such voting units wherein an election has been held and the majority of the qualified electors have voted "for sale." 1242x3. Who may grant licenses. The city councils of cities of the first and second class in their respective cities under and by order of the district court of the county in CHAT XI. IV. INTOXICATING LIQUORS. 187 which said city or cities may be situate as in this act provided, and the city councils of cities of the third class, in their respective cities, and the hoards of trustees in incorporated towns are hereby authorized to grant licenses for the manufacture or sale of intoxicating liquors, as in this act provided. The boards of county commissioners in their respective county units shall have no authority, except as in See. 4 of this act provided, to grant licenses tor the manufacture intoxicating liquors; provided, that in case a iit\ of the voters voting at any election in any count) unit vote "For Sale." as hereinafter provided, then licenses may he issued by the hoard- of county commissioners of the counties SO voting, under the terms of this act: provided further that no license shall he granted by any hoard of counts commissioners for the -ale of intoxicating liquors at any place within five mile- of any city or town voting " Against Sale." Any application for a license to sell intoxicating liquors may he refused for good cause in the discretion of the district courl of the county in which the city of the first and second class wherein license is sought nia\ he situate, the city council of the city of the third class, the board of trustee- of tin- town or the board of county commissioners of the county. In cities of the firsl and second class, after the bond of the applicant shall he approved as herein required, the application for a license together with the bond -hall be filed promptly by the city recorder of the city wherein the application is made with the district court or the clerk thereof of the county in which said city i- located and upon the district court in such county making an order that the licen-e -hall issue upon such application, the clerk of the court -hall transmit a certified copy of such order and the copy of tlu- application and bond t" the city recorder of the city wherein the application is made; whereupon the council of such city shall cause the license to issue 188 CHAP. XLIV. INTOXICATING LIQUORS. herein authorized and no such license shall issue until the district court has made the order herein specified. 1242x4. Manufacturers. None of the provisions of this act shall be construed as prohibiting or intended to prohibit the manufacture of intoxicating liquors or the disposal thereof at wholesale at the place where manufac- tured, and any manufacturer thereof shall have the right to manufacture and dispose of the same at wholesale at the place where manufactured by obtaining a license therefor and by complying with the other provisions of this act, and of all other laws of this state relating to the manufacture of intoxicating liquors and the sale thereof at wholesale, notwithstanding the result of an)- election provided for in this act in any voting unit created hereunder : provided, that no license shall be issued to any manufacturer who was not legally engaged in the manufacture of intoxicating liquor at the time of holding an}- election at which a majority of the voters vote "Against Sale." 1242x5. To whom licenses may not be issued. Ex- ceptions. Xo license under this act shall be granted to any person except to a male person over twenty-five years of age, or to a partnership consisting of male persons, all of whom are over the age of twenty-five years, nor to any applicant who is not a citizen of the United State.-, and of the state of Utah, nor who does not posse-- a good moral character, nor to any person or partnership who is not the owner of at least all of the personal property used in the conduct of the business for which the license is granted as a retailer, nor when such property is incum- bered in excess of one-half of its actual value, which incum- brance shall not be voluntarily increased during the term for which a license is granted: nor to any person, either directly or indirectly, who is a member of any city council. board of trustees or board of county commissioners in any city, town or county in which such license is applied [AP. XLIV. INTOXICATING LIQUORS. 189 for; nur shall any license be granted to sell intoxicating liquors in any place, except to a drug store or hotel, which is located within three hundred feet of any public school or church, nor outside the limits of the business district of any city or town. The mayor and city council in their respective cities, and the board of trustees in their respec towns, shall from time to time determine and fix such limits for the purposes of this act. No license shall be -ranted to any person or partnership if such person or an) partner ^i such firm has previously violated or has been convicted of violation ^i any of the provisions of this or who is an habitual drunkard or is addicted to the use of intoxicating liquors to excess, nor shall any retail license !>e -ranted to any corporation, except to bona fide club-. Such club license shall, however, be -ranted in the name of some individual member to be designated in the applica- tion as the applicant for the license, and who shall posse>s the qualifications, except ownership of property, required by this act of individual applicant-, and who shall be respon- sible, both civilly and criminally, in case of any violation of any of the provisions of this act, the same as any indivi- dual licensee under this act would be. Licenses may, however, be granted to individuals, part- nerships or corporations engaged in the manufacture of liquors for sale at wholesale only. 1242x6. Definition of terms used in this act. A "Dwell- ing House" is defined as a place used as a home of a family, but shall not include any building in which a tavern, eating house, rooming house, store, or ether place of public re is kept. A "Brewer" is defined as a person, partnership or cor- poration engaged in manufacturing fermented or malt liquors and i|t>|" ising i if the same. A "Vinter" is defined as a person, partnership 1 in manufacturing wine from grapi 190 CHAP. XLIV. INTOXICATING LIQUORS. A "Distiller" is defined as a person, partnership or cor- poration engaged in manufacturing distilled spirits and dis- posing of the same. A "Hotel" is defined as a place or house containing twenty-five or more rooms for entertaining strangers or travelers. A "Club"' is defined as a corporation formed solely lor business or social purposes, and which may incidentally de- sire to dispose of intoxicating liquors to its members and their bona fide guests only, which is the bona fide owner of real property of at least $5,000 in value and whose annual membership dues amount to not less than $12 per year. Xo organization, not duly incorporated, shall be regarded as a club. A "Druggist or Pharmacist" is defined as a person, part- nership or corporation which compounds or disposes of drugs or medicines, and in the course of its business also disposes of intoxicating liquors not to be consumed upon the premises. A "Wholesale Dealer" is defined as a person, partner- ship or corporation which disposes of intoxicating liquors in quantities not less than five wine gallons, except to a duly licensed liquor dealer. A "Retail Dealer" is defined as a person or partner- ship which disposes of intoxicating liquors in quantities of less than five wine gallons, which may be consumed on the premises. 1242x7. Amount of license to be fixed. Limit. I it\ councils, boards of trustees and boards of county commis- sioners shall fix the amounts to be paid for licenses within the following limits: For annual licenses, excluding cost and expense incident to application for license ; Retail dealer, not less than $600 and not more than $2,000 ; Wholesale dealer, not less than $400 and not more than $1,000: Distiller, not less than $400 and not more than $1,000: CHAP. XLIV. INTOXICATING LIQUORS. 191 Druggists or pharmacists, in voting units voting "For Sale," not less than $200 and not more than $600; Brewers operating a brewery with an annual capacity not exceeding Five thousand barrels, nol less than $250; with innual capacity over five thousand barrels and nol ex- ceeding twenty-five thousand barrels, not less than $500; with an annual capacity of over twenty-live thousand bar- rels, and nol exceeding fifty thousand barrels, not less than I; with an annual capacity over fifty thousand barrels and ti"t exceeding seventy-five thousand barrels, not less than $1,000; with an annual capacity of over seventy-five sand barrel-, not less than $1,250 per annum. Clubs, nol less than $400 and not more than SJ.diH). 1242x8. License to be paid to treasurer of city, town. or county. Term. No license shall be granted or become effective until the applicant shall have paid to the treasurer of the city, town or county within which the license is granted, and shall have presented to the city council, board of trustees or board of county commissioners, the official receipt of such treasurer showing that the applicant has paid into the treas- ury of such city. town, or county, the amount of money re- quired by law or ordinance for a license. No license shall be granted for a longer term than one year, nor for a shot term than three months; and all licenses for a pen d • than therwise provided in this act, shall be at the rate of not less than two hundred dollars for each ami nth, or fraction thereof. Where licenses are ud for the whole year, or for a period of six months ■re. the amount of the license may be paid in quarterly instalments, and if s,, paid must be paid not later than noon the first day of April. July. and January. No lice? ill be granted for less than the annual license \,>c. regardless of the period for which the same is trrat" 1242x9. Applications. Contents. All applications for licenses shall be tiled with the city recorder, town clerk- 192 CHAP. XLIV. INTOXICATING LIQUORS. county clerks, as the case may be, and such applications must state the applicant's name in full, and that he has complied with the requirements, and possesses the qualifications speci- fied in Section 5 of this act, and if the applicant is a co- partnership the names of all the partners must be stated. In case of a club, the application must state the general object or purpose thereof, and must also state that the sale of liquors will be strictly confined to the members thereof and their bona fide guests, and will be sold only for consumption in the club rooms. All applications must be subscribed by the applicant, who must state, under oath, that the facts stated therein are true to the best of his knowledge and belief. Applications by firms or co-partnerships must be subscribed and sworn to, to the effect above stated by all of the mem- bers thereof. In addition to the foregoing, the application shall contain a certificate of at least five resident freeholders of the voting district in which the license is to be effective, to the effect that each of the persons aforesaid personally know the applicant, that he is a man of good moral charac and that in their opinion he is a fit and proper person to be granted a license. In case oi a firm or co-partnership. the foregoing certificate shall be made to cover all of the members. No application shall be accepted or filed by the recorder, town clerk or county clerk unless the state- ments therein contained substantially conform to the fore- going pri - Sj and is certified to as aforesaid. 1242x10. Revocation of licenses. The district court of the several counties in which cities of the first and second SS may be situated, city councils of cities oi the third cl -• board of trustees or board of county commissioners, for viola- tion of any of the provisions of this act or any ordinance, or for any other good cause, and upon not less than three da - notice to the licensee of the grounds of the complaint, name of complainant, and of the time and place at which the pro- S< 1 revocation will be considered, may revoke a license granted within the city, town, or county, as the case may be. CHAP. XLIV. INTOXICATING LIQUORS 193 the purpose of carrying out the provisions of this sec- tion, the district court, city council, hoard of trustees or board of county commissioners, as the case may be, shall have power to issue or cause to be issued subpoenaes and to compel the attendance of witnesses and to administer oaths. All complaints under this -\ shall be in writing, signed by the complainants and filed with the recorder or clerk, as the case may be. The district courts of the several coun- wherein are situated cities of the first and second c shall make and enforce rules of procedure and practice upon application for license, hearing of protests upon applications, and the revocation of licenses so that such matters may be lily tried and determined in accordance with justice and right. 1242x11. Bond. Xo license shall be granted to any applicant under this act unless such applicant shall have exe- cuted and delivered to the city council, board of trustees, or boar inty commissioners issuing the license, a bond in the penal sum of three thousand dollars, payable to the • county, as the case may be, issuing the license, with at least two good and sufficient sureties who shall be free' he county in which the license is granted, relies the applicant may furnish a bond in the penal sum aforesaid, executed by some surety com- pany who is authorized to do business in this state. If said er form, it shall be approved and filed by the wn cler!. inty clerk. The bond shall that the licensee will not violate any of the r any ordinance under which such inted; that he will pay all damages, fines, penal- hat may be adju gainst him under the ict. The bond to be taken in each may be substantially in the following form: KNOW ALL MF.X BY Ti = IS. that we as principal and 1 and 1 194 CHAP. XLIV. INTOXICATING LIQUORS. are held and firmly bound unto the city, town or county of , State of Utah, in the sum of three thousand dollars, to which payment well and truly to be made we bind ourselves and our legal representatives. Sealed with our seals this day of A. D. 19.... The condition of this obligation is such, that whereas the above bounden A. B. has this day been licensed by License No by the mayor and city council of the city of (or the trustees of the town of or the county commis- sioners of the county of ) in the county of Now, if the said A. B- shall well and truly comply with all the provisions of law and ordinances relating to the sale of intoxicating liquors, and shall also pay all damages, fines, penalties and forfeitures incurred by violation of such provisions of law and ordinances, and all other damages recoverable under the provisions of the law relating to the sale of intoxicating liquors, then this bond shall be void, but otherwise in force. Principal. Sureties. No person who is a principal or surety, except a surety company, upon any bond given under this act, shall be per- mitted to become a surety upon any other bond of like character. Each surety, except as aforesaid, shall make a written statement, under oath, that he is not a surety upon any other bond given under the provisions of said section, and such statement shall be kept on file with the bond. No such bond shall be accepted or approved until each surety has made and subscribed a statement under oath that he is worth not less than three thousand dollars over and above all liabilities and indebtedness and all property exempt from execution, and the statement so made shall designate suffi- CHAT XLIV. INTOXICATING LIQUORS. 195 cient property, real or personal, to cover the requirements of the bond, and shall be kept on file with the bond in con- nection with which said statement is made. 1242x12. Liability of licensees. Actions. All licensees under this act shall be liable for and be required to pay all damages that the community i ir individuals may sustain in consequence of the sale of and traffic in intoxicating liquors. A married woman shall have a right of action against a licensee, or his bondsmen or both, for loss of support of her- self and minor children, and she may maintain such action in her own name: provided, that in order to avail herself ol the provisions of this act she shall have notified the licensee in writing nol to sell liquor to her husband. In such action it shall only be necessary to prove that the licensee or his t has sold or given intoxicating liquors to her husband, and that by reason thereof he became disqualified to provide for her, or for his minor children. Any licensee under this act, who shall -ell or give to any person who is already in- toxicated or visibly under the influence of liquor, any in; eating liquors, shall be liable to such person for actual dam ages sustained by him by reason of any injury that such person may sustain by reason of hi- intoxicated condition. m case such person by reason of such condition has temporarily ntrol of his faculties and by rea thereof is injured. Such action may be maintained in name of the injured person. 1242x13. How actions may be brought. Any person de siring to bring an action under tin provisions of this shall, upon application to any city recorder, town clerk. nty clerk, upon paying the sum of one dollar then ntitled rtified copj of any bond given under the pi this act. Such copy when certified inder the hand and - . town clerk ty clerk, shall be received in evidence upon the trial of ithout accounting for or proving i.il. 196 CHAP. XLIV. INTOXICATING LIQUORS. 1242x14. Id. Actions on the bond provided for in this act for damages or forfeitures may be brought in any court having jurisdiction of the amount claimed regardless of the penalty fixed in the bond. Successive actions may be brought upon any bond in any court having jurisdiction until the penalty named in the bond has been fully exhausted. In any such action, it shall not be necessary for the plaintiff to allege and prove the amount of the penaltv which remains unexhausted, but it shall be the duty of the defendants to allege and prove such fact, if it be a fact, and a failure to do so upon their part shall constitute a waiver, and the bond shall be treated for the purpose of the action as a full bond. 1242x15. Sale of liquor upon prescription. Any regis- tered pharmacist may, within any city, town or county unit which may vote "Against Sale," as hereinafter provided, sell and furnish intoxicating liquors for medicinal purposes only, upon the written prescription of a regularly practicing physician of this state, in the manner herein provided. The prescription shall contain the name of the person prescribed for. the quantity and kind of liquor prescribed, and shall be signed by the prescribing physician. No prescription shall be filled hereunder except upon the day upon which it is dated and issued, or upon the following day. On the first day of June and January of each year, the registered pharmacist shall file all said prescriptions filled within the preceding six months, with the city recorder, town clerk, or county clerk, as the case may be, of the city, town or county unit in which such prescriptions are filled, and a certified copy of the same, or the original prescription, shall be prima facie evidence in any court in this state. Such prescriptions shall at any time after having been filled be open to public inspection. A fee of one dollar for each lot of prescriptions so filed shall be paid by such druggist to the city recorder, town clerk or county clerk, as the case may be. No pre- scription shall be refilled, nor shall mor< than one quart be furnished on one prescription. Nothing in this act shall be CHAP. XLIV. INTOXICATING LIQUORS. 197 construed to prevent drti.u^ists or registered pharamcists fur- nishing or selling intoxicating liquors in wholesale quanti- to registered pharmacist-, to public or charity hospitals, to medical or pharmaceutical colleges, or to scientific schools ns. All druggists or registered pharmacists shall keep a comp ecord of all sales at wholesale of intoxi- cating liquor, which record shall at all times be open to inspection of the peace officer of any city, town or count}-. No physician shall issue a prescription except for a bona fide medical purpose. 1242x16. Revocation of license of physician, druggist or pharmacist. After the second conviction of any physician, druggist or pharmacist for violating any of the provisions of this act, it shall be a pari of the judgment of conviction that his license to practici me. pharmacy or dispense drugs voked, and the court before whom such person shall he tried and convicted shall cause a certified copy of such judg- ment of conviction to be certified to the state board having authority to issue such a license. After revocation, no lie shall eveT be granted to the person whose license is revoked edicine, pharmacy or dispense drugs in the State of Utah. 1242x17. Sale of certain "patent" medicines prohibited. Exception. No druggisl or other preson within any city, n or comity unit voting "Against Sale." shall sell, dis- of or sjive away any proprietary, patent or compound medicim 1 by the I mmissioncrs of Internal Revenue as subject to the I . S. internal special tax as an ting liquor insufficiently medicated to render them litable as bevera cept upon the prescription licensed and practicing physician of this state. 1242x18. Sale of alcohol and wines for special purposes permitted. Nothing in this act .-hall prohibit the sale by licensed pharmacists or wholesale dn within any 198 CHAP. XLIV. INTOXICATING LIQUORS. town or county unit, which may vote "Against Sale" of alcohol for art, scientific or mechanical purposes or wines to church officials for sacramental purposes. A record of each sale shall be made and preserved in a book kept for that purpose, signed by the person receiving the same ; which record shall be open to public inspection. No person shall purchase any such alcohol or wines for any use other than stated in this section. 1242x19. Sale by druggists or pharmacists prohibited, except for medical purposes. No druggist or license phar- macist shall, within this state, sell, exchange, barter, give away or otherwise furnish for consumption on the premises in which he is licensed to dispense drugs or in any place in any way connected therewith, any intoxicating liquors, ex- cept for medicinal purposes, as herein provided. 1242x20. Manufacturers and wholesalers not to be in- terested in procuring retail license. Exception. It shall be unlawful for any person, partnership or corporation engaged in the manufacture or sale at wholesale of intoxicating liquors, or any agent, officer or employe of any such person, partner- ship or corporation, to aid or assist in any manner, directly or indirectly, under pretext or otherwise, in the application for or procuring of license for the sale, at retail of intoxi- cating liquors in this state, or to engage in or in any manner become interested, under pretext or otherwise, in the retail traffic in such liquors in this state: provided, however, that a manufacturer or wholesaler of intoxicating liquor other than a corporation may have not to exceed one retail license. 1242x21. Id. Not to construct or rent premises for retail business. It shall be unlawful for any person, cor- poration or association engaged in the manufacture, or sale at wholesale of intoxicating liquors, or his. its or their offi- cers, agents or employes to construct for, or let to any person, directly or indirectly, undet pretext or otherwise. CHAP. XLIV. INTOXICATING LIQl'ORS 199 ,m\ building, room, shed, apartment, structure < on, or in which to conduct the retail sale of intoxicating liqu 1242x22. Soliciting unlawful aid or assistance. It shall be unlawful for any person to solicit or receive from any person, corporation, or association engaged in the manufac- ture or sale of intoxicating liquors, or his, its or their officers, agents or employe.-, any aid or assistance directly or indirectly under pretext or otherwise, in the securing or use of any license for the retail sale of any intoxicating liquors in this state, or to lease, occupy or use, directly or indirectly, under pretext or otherwise, any building room, shed, apartment, structure or place owned or controlled by any such person, corporation, or association engaged in the manufacture, or sale at wholesale of intoxicating liquors, or any trustee of any such person or corporation, on or in which to conduct the retail sale of any intoxicating liquors in tin- state. 1242x23. Employment of minors prohibited. No holder of a license tor the sale at retail of intoxicating liquors shall employ any person under the age of twenty-one year- to h liquors to be drunk on the premi- 1242x24. Id. No person, partner-hip or corporation shall employ a minor under the age of twenty-one y in handling intoxicating liquors or packages containing such ors in a brewery or bottling establishment, in which such liquors are prepared for sale or offered for -ale. 1242x25. Opening and closing of saloons. It -hall be unlawful for any licensed retail dealer by himself, clerk mt to keep his • : business open on the da) any gem special election, or on Sunday, or bet v. the hour- of In j). m. standard time, on any day and 6 i m. the following morning of the first and second cl hall be lawful, ui ther- 200 CHAP. XLIV. INTOXICATING LIQUORS. wise provided by ordinance in such cities, for such places of business to remain open between the hours of 6 o'clock a. m. and 12 o'clock midnight, and it shall be unlawful for any such licensee to sell, barter, give away or otherwise furnish intoxicating liquors within the hours during which the place of business of such licensee is herein required to be closed. It shall be unlawful for any club, druggist or pharmacist to sell, exchange, barter, give away or other- wise furnish any intoxicating liquors between the hours of 12 o'clock p. m., standard time, on any day and 6 o'clock a. m. the following day; provided, that druggists and phar- macists may sell intoxicating liquors between such hours for medicinal purposes only. City councils, boards of trustees and county commissioners may shorten, but shall not increase, the hours during which intoxicating liquors may be sold as herein provided. 1242x26. Saloons must be vacated after hour of closing. Exception. It shall be unlawful for any licensed retail dealer by himself, agent or servant, to permit anyone to remain in the saloon after the hour of closing, as provided in the preceding section, but at the time when such saloon should be closed, he shall require all persons to at once vacate the premises and see that the doors are securely closed and locked; provided, however, that the dealer, his agent or servant may remain in the saloon for thirty minutes after the hour of closing, and that on Sunday the saloon keeper or his employe may enter said saloon for the purpose of attending to the fires and lights, and for no other purpose. 1242x27. Booths, curtains or partitions prohibited. No licensed retail dealer by himself, agent or servant, except clubs and pharmacists, shall sell or expose for sale, barter. give away or otherwise furnish any intoxicating liquors, except in a single room, which room shall contain no booths, cur- tains, or partitions except such as may be necessary for the sole purpose of screening said room from the public gaze CHAP XI. IV. INTOXICATING LIQUORS 201 from the street or exterior; provided that a oi pai titioned water-closet may l>e maintained in such singli provided, further, thai nothing contained in this section shall prevent the serving in public dining rooms ol intoxicating liquors with meals; provided, further, thai an) firm or person engaged in the hotel business and licensed to sell infc eating liquors in a hotel building, having not less than one hundred and twenty-five bedrooms, maj deliver intoxicating liquors to be served at all meals in said hotel, from a service l>ur or sti n separate and apart from the room in which Mich retail liquor business is licensed to be conducted During the time when places where intoxicating liquors sold arc required by law to be closed, all blinds, screens and curtains shall be withdrawn from 111= and windows of such pl.ut-.. and the interior doors, screens, Minds and curtain- shall be so opened thai an unobstructed view of the interior of such places may be had from the sidewalk 01 ri< >r of all such places. Approved March 20th, 1913. 1242x28. Saloons must be conducted in an orderly man- ner. Gambling or entertainment forbidden. The licensed premises shall be conducted in a quiet, orderly manner; there shall be no gambling or gaming with card-, dice, billiards or any other device, nor any music, phonograph, '"" Other form of amusement or entertainment, or free lunch, nor lunch for which money i- paid, in the room where said business is carried on; there shall be no nude, obscene or impure di rations, pictures, inscription, placards, or any such thing in the place; no female shall be employed in the place; no woman, minor, drunkard or intoxicated person shall be al- lowed i n the room; there shall be no chairs, benches, nor any other furniture in the room except behind the bar, and only h behind the bar as is necessary for the attendants. 1242x29. Must not be connected with any premises used tor unlawful purposes. It shall be unlawful for any dealer 202 CHAP. XLIV. INTOXICATING LIQUORS. in intoxicating liquors by himself, agent or servant, to permit the room wherein he is licensed to sell liquor to be in any way connected with any room wherein, or connected with which any prostitution or lewd practices are indulged or permitted; or wherein any prostitutes are permitted to visit for any pur- pose ; or wherein any women are permitted for any unlawful purpose. Under this rule any room into or from which there are any means of entrance or communication with the place of business of such licensee by door, stair, elevator, dumb- waiter, speaking tubes, electric apparatus, or other means of communication, shall be deemed connected with the place of business of the licensee, whether such rooms are under the control of such licensee or not. 1242x30. Sale of liquor to Indians, etc., prohibited. No intoxicating liquor shall be sold to, procured for, or delivered to an Indian, insane person, idiot, or to a minor, either for his own use or the use of any other person, except for medi- cinal purposes upon the prescription of a physician. 1242x31. Minor falsely representing his age. Penalty. Every person under the age of twenty-one years who shall for the purpose of obtaining intoxicating liquors from any licensee, or other person, falsely represent his age, shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined for each offense not exceeding twenty-five dollars, or lie imprisoned not exceeding fifteen days in jail, or both, in the discretion of the court. Nothing in this section con- tained shall excuse any sale of intoxicating liquors to a per- son under the age of twenty-one years. 1242x32. Adulterations. Any retail liquor dealer who shall adulterate or mix with any foreign substance any in- toxicating liquors, or shall sell or otherwise dispose of any such liquor, knowing or having reasonable cause to believe that the same has been adulterated, or who shall mix to- gether different kinds of liquors, either for bar purposes, or to CHAP. XLIV. INTOXICATING LIQUORS. 203 be sold in bottles, ■'hall place upon the container where such liquor is kept and upon the bottle wherein such liquor is bottled and offered for sale, a label or stamp setting forth lain and legible type the true formula of such adultera- tion or mixture. This section shall not be construed as al- lowing the use for adulteration of intoxicating liquors of any substances prohibited by Section 740, Compiled Laws of Utah, 1907. 1242x33. In case of riot or public excitement, saloons may be closed. The mayor of a city, the trustee^ of a town. and the commissioners of any county, may. in case of riot oi u;reat public excitement, order persons who hold licenses not away or deliver any intoxicating liquor on the licensed premises for a period not exceeding seven days at any one time, and no person shall, by himself, or his agent, ervant, -ell. give away <>r deliver any intoxicating liquor in violation of an order given under the provision of this section; provided, however, that if the licensed premises shall rdered closed for a period of more than one week, the licensee -hall be entitled to have refunded a pro rata amount the license paid during the time the licensed premises • be closed 1242x34. Delivery and sale. The delivery of intoxicat- ing liquor in a building, booth, stand or other place. ept a private dwelling house, or in or from a private lling house if any part thereof or its dependencies is an inn, eating h shop of any kind, or other place of common resort, such delivery in either case being . person not a resident therein, shall be prima facie evi I ch delivery is a sale. 1242x35. U. S. internal revenue special tax stamp as evidence. \ certified copy of entries made in No, ■ Is of the l\ S. Internal Revenue Collector showing the payment of the U. S internal revenue special 2U4 CHAP. XLIV. INTOXICATING LIQUORS. tax for the manufacture or sale of intoxicating liquors, shall be prima facie evidence in the courts of this State of such manufacture or sale by the party named therein within the period set forth in said record. 1242x36. Prosecutions. In all suits or prosecutions under the general liquor law of this State, it shall be necessary to state in the complaint or affidavit the time and place of sale, but shall not be necessary to state the kind of liquor sold, nor to describe the place where sold, nor to show knowl- edge of the principal to convict for the unlawful acts of the agent or servant committed within the ordinary course of the master's business ; provided, that in case the principal shall show that he had no knowledge of the unlawful act or acts of his agent or servant so committed, such principal shall not be punished by imprisonment, as provided by law : any clerk, servant, employe, or agent of any licensee, or other person, engaged or aiding in any violation of any of the provisions of this act shall be charged and convicted as a principal. 1242x37. Suits for liquor bills. Xo suit for liquor bills, when sold in less quantity than five wine gallons at one time, shall be maintained in any court in the state, and when it shall be made to appear that any promissory note, mort- gage, or other obligation on which a suit is pending was given for liquor sold in less quantity than five wine gallons at one sale, and that the plaintiff or one of several plaintiffs had knowledge of that fact at the time he acquired such note, mortgage, or other obligation, such suit shall be dismissed at the cost of the plaintiff, except such sales be for medicinal, mechanical, manufacturing, art or sacramental purposes. 1242x38. Sale made where delivery and payment were made. That in all cases where the purchase price for intoxi- cating liquors is paid to the person who makes manual de- livery of any such liquors to the vendee thereof, the sale shall CHAP. XLIV. INTOXICATING LIQUORS. 205 be held to have been made in the place where delivery and payment were made. 1242x39. Consignments to be inscribed. It shall be unlawful i" consign intoxicating liquors from an) point in the State of Utah to any other point therein except there be inscribed on the exterior of the outer package taining said vessels in legibile letters the name of the consignee, the name of the contents and quantity con tained therein; and it shall be unlawful to consign from any poinl in the State of Utah to an) other point therein any intoxicating liquors to a fictitious person or consignee, or in the name • if ;nn other preson except the actual bona fide con signee thereof; and it shall be unlawful for any person to erase, mutilate, remove or cover up said inscription. 1242x40. Common carriers. It shall be unlawful for any common carrier to knowingl) receive for transportation, or with such knowledge to transport, from an) poinl in the State of Utah to any other point herein, an. intoxicating liquors except the vessels containing such intoxicants, and the "titer packages containing said vessels shall have inscribed on the exterior thereof in plain, legible letters, the nami the contents and quantity ined therein; and it shall be unlawful for any common carrier to knowingly receive for transportation, between points within the State of Utah, any intoxicating liqui ed to a fictitious person or con- signee, or to deliver any intoxicating liquors, transported as afore-. iid. to anj person except the actual bona fide consignee there< if, i r hi> duly authi iri nt. All common carriers delivering intoxicating liquor within tin- State in an) "dry territory." as defined by the laws of tln> State, are required to keep at the place of delivery a rate book which shall contain a full and complete record of shipments of all intoxicating liquor delivered by them to any person in such dry tern' rds shall be kept tor on,- year after delivery. \ny person violating any of 14 206 CHAP. XLIV. INTOXICATING LIQUORS. the provisions of this act shall be deemed guilty of a mis- demeanor. Approved March 20th. 1913. 1242x41. Unlawful to sell within five miles of any camp, etc. It shall be unlawful for the board of county commis- sioners of any county in this state to grant a license to any person to sell, barter, exchange, give away or otherwise fur- nish malt, spirituous or vinous liquors within five miles of any camp or assembly of men engaged in the construction or repair of any railroad, canal, reservoir, public work, or other kindred enterprise, where twenty-five or more men are em- ployed. 1242x42. Nuisances. All places where intoxicating liquors are manufactured, sold, bartered, given away, or otherwise furnished in violation of law, or where persons are permitted to resort for the purpose of drinking intoxi- cating liquors as a beverage in violation of law, or where intoxicating liquors are kept for sale, giving away, or other- wise furnishing, in violation of law, and all intoxicating liquors, bottles, glasses, kegs, pumps, bars, and other prop- erty kept in and used in maintaining such a place, are hereby declared to be common nuisances; and every person who maintains or assists in maintaining such a common nuisance, shall be guilty of a misdemeanor. 1242x43. Search and seizure. If any county, city or town attorney, sheriff, or chief of police or marshal of any citv or town has probable cause to believe that intoxicating liquors are manufactured, sold, bartered, given away or other- wise furnished, in violation of law or are kept for the pur- pose of selling, bartering, or giving away or otherwise fur- nishing in violation of law, it shall be the duty of such county, city or town attorney, sheriff, chief of police or mar- shal of any city or town forthwith to make and file with a judge of a district court or a justice of the peace in the I CHAP. XLIV. INTOXICATING LIQUORS. 207 county, written information supported by his oath or affirma- tion, that he lias reason to believe, and does believe that intoxicating liquor is being manufactured, sold, bartered, given away, or otherwise Eurnished, or is beiiiLC kept for the purpose of selling, bartering, giving away, or otherwise fur- nishing, in violation of law, said judge or justice shall upon finding probable cause for such information, issue a search warrant, directed to any peace officer in the county, de- scribing as particularly as may be, the liquor and the place described in said information, and the person named or described in said information as the owner or keeper of liquor, and commanding the said officer to search thor- oughly said place, and to seize the said liquor with the ves- containing it. and all implements, furniture and fixtures used or kept for such illegal manufacturing, selling, bartering, ng away, or otherwise furnishing of such liquors, and to keep the same securely until final action be had thereon; whereupon the said peace officer to whom such warrant shall he delivered shall forthwith obey and execute as effectually as possible the commands of said warrant and make return promptly of hi- doings to said judge or justice, and shall rely keep all liquors so seized by him and the vessels containing them until final action be had thereon. A copy of -aid warrant shall be served upon the person or persons found in possession of any such intoxicating liquor, furniture or fixtures so seized, and if no person be found in the pos- iion thereof, a copy of said warrant shall be posted on the door of the building or room wherein the same are found. If admission to such building or room i- refused, the officer directed to serve the warrant is hereby authorized and quired by law to force open the same. If the plac< to be lied be a dwelling house in which any family resides, and in which no tavern, eating house, grocery or other place public r< ■ 'Kept, -uch warrant shall not be issued Unless -uch complaint shall, on oath or affirmation, declare re -aid e that he has reason to believe and does believe that within one month next before the 208 CHAP. XLIV. INTOXICATING LIQUORS. making of said information intoxicating liquors have been, in violation of law, sold or otherwise furnished in said house, or in some place appurtenant thereto, by the person accused in said information, or by his consent or permission. No warrant shall issue in any case, unless from the facts disclosed by such information the said judge or justice shall find that there is probable cause to believe that the facts stated in said information are true. The information on which said warrant is issued may be made upon information and belief. 1242x44. Id. Property not to be discharged. When any liquors, vessels or other property shall have been seized by virtue of any such warrant, the same shall not be dis- charged or returned to any person claiming the same by reason of any alleged insufficiency of description in the war- rant of the liquor or place, nor by writ of claim and delivery or other process, but the claimant shall only have the right to be heard on the merits of the case. 1242x45. Returns, in the event of a seizure under said warrant, the officer shall forthwith make a return of his acts thereunder, and if said warrant has been issued by a justice of the peace, and by said return it appears that intoxicating liquor, vessels, implements, or other things used for the purpose of selling or otherwise disposing of such liquors, con- trary to law, have been found upon the premises described in said warrant, the jurisdiction of the justice of the peace shall thereupon cease, except that the justice issuing such warrant shall forthwith certify the record and all files to the district court of the count}' in which said premises are situated, and from time of filing such record and files with the clerk of said district court it shall have jurisdiction to proceed with said cause and determine the merits thereof as provided by law; and the clerk of said court shall fix a time for hearing said matter, of which notice shall be given as provided herein. In all cases upon the filing of the warrant and return of CHAP. XLIV. INTOXICATING LIQUORS. 209 the officer in the district court the clerk thereof shall fix a time for hearing said matter and shall cause to be left at the place where said liquor was seized, and if said place be a dwell- ing house, store or shop, posted in some conspicuous place on >>t about said building and also to be left with or at the last known and usual place of residence of the person named or described in said information as the owner or keeper of said liquor, if he be a resident of this State, a notice summoning such person and all others whom it may concern to appear before said court at a place and time named in said notice, which time shall not be less than five nor more than fifteen days after the posting and leaving of said notices, and show cause, if any they have, why said liquor, together with the >els in which the same is contained, and other property, should not be forfeited: and said notice shall with reasonable certainty describe said liquor, vessels, and other property, and shall state where, when and why the same were seized. At the same time and place fixed in said notice, the p< named in said information, or any person claiming any inter- in said liquor, vessels and other property, or any part thereof, may appear and show cause why the same should not be forfeited. If any person shall so appear he shall become a party defendant in said cause, and said court shall make a record thereof. Whether any person shall so appear or not, said court shall, at the time fixed, proceed to the trial of said and the county attorney shall appear before said court and prosecute said information, and show cause why said liquor, vessels or other property should be adjudged forfeited. The proceedings in the trial of such case may be the same antially as in cases of criminal prosecution before such courts, and if any person shall appear and be made a party defendant, as herein provided, and shall make a written plea that said liquor, vessels or other property, or any part thereof, claimed by him was not owned or kept with intent to be sold or used in violation of the law. such party defendant may demand a jury to try the issue, and if, upon the evidence pre- 210 CHAP. XLIV. INTOXICATING LIQUORS. sented, the said court or jury, as the case may be, shall by verdict find that said liquor, vessels or other property was when seized, owned or kept by any person, whether said party defendant or not, for the purpose of being sold or used in violation of law, the said court shall render judgment that said liquor, vessels or other property, or any part thereof, be for- feited. If no person be made defendant in manner aforesaid, or if judgment be in favor of all the defendants who appear and are made such, then the costs of the prosecution shall be paid as in ordinary criminal prosecutions where the prose- cution fails. If judgment shall be against only one party defendant appearing as aforesaid he shall be adjudged to pay all the costs of proceedings in the seizure and detention of the liquor claimed by him and trial up to the time of judgment. But if said judgment shall be against more than one defendant claiming distinct interest in said liquor, then the costs of said proceeding and trial shall be according to the discretion of said court, equitably apportioned among the said defendants for the amount of costs so adjudged against them. Any person appearing and becoming party defendant as aforesaid may appeal from said judgment of forfeiture, as to the whole or any part of said liquor, vessels or other property claimed by him and so adjudged forfeited. 1242x46. Destruction of seized property. Whenever it shall be finally decided that the liquor, vessels or other prop- erty seized as aforesaid is forfeited, the court rendering final judgment of forfeiture shall issue to the officer, a written order, directing him forthwith to destroy said liquor, vessels or other property and immediately thereafter to make return i if said order to the court whence issued, with his doings indorsed thereon. Whenever it shall be finally decided that any liquor so seized, vessels, or other property is not liable to forfeiture, the court by whom such final decision shall be rendered shall issue a written order to the officer having the same in custody, or to some other peace officer, to restore said liquor, vessels or other property, to the place where it CHAP. XLIV. IN H »\k. \riNG LIQUORS. 211 was seized, as nearly as maj be, or to the person entitled to receive it, which order the officer shall obey, and make return thereon to the court of his acts thereunder, and the - of the proceeding in such case attending the restitution, a^ also the costs attending the destruction oi such liquor, vessels >>r other property in case of forfeiture, shall he taxed and paid in the same manner as is provided in case of ordi- nary criminal prosecution where the prosecution fails. 1242x47. Arrest without a warrant. When a violation of any provision of this act shall occur m the presence oi any sheriff, constable, marshal, police officer or other officer having power to serve criminal process, it shall be tin- duty of Such officer, without warrant, to arrest the offender and seize the intoxicating liquor, vessels and other property so unlawfully used, and to take such offender or offenders im- liately before the court or judge having jurisdiction in the premises, and there make complaint under oath, charging the offense SO committed, and he shall make return, setting forth a particular description of the intoxicating liquor, ves- sels and other property seized and of the place where the same was so sci/ed. whereupon the couri or judge shall issue a warrant commanding and directing the officer to hold the property so seized in his possession until discharged by due process "i law, and such property shall be held in like man- ner as if the seizure had been made under a warrant therefor. 1242x48. Construction. In this act. unless the text or subject matter otherwise requires ties" includes cities of the first, second and third class "Town" means incorporated town. unty I 'nit" means all that part of any county side of cities and towns, and such county unit shall be designated by the name of the county in which it is contained. 1242x49. Local option unit, bach city, town and county unit as defined in the preceding section ,,f this act. shall 212 CHAP. XLIV. INTOXICATING LIQUORS. constitute a separate and independent local option unit for the determination for itself whether the sale of intoxi- cating liquors shall be permitted or prohibited within such city, town or county unit. 1242x50. Elections. Whenever a petition therefor, signed by not less than twenty-five per cent of the regis- tered voters of any city, town or county unit shall be filed with any city council, board of trustees or the board of county commissioners, as the case may be, such city council, board of trustees, or board of county commissioners, as the case may be, shall order an election to be held at the time provided in this act to determine whether the sale of intoxicating liquors shall be allowed or prohibited in such city, town or county unit, except as provided in Section 51 of this act. 1242x51. Id. The first election hereunder in cities and towns, shall be mandatory and no petition shall be required therefor, and such election shall be held on the 27th day of June, 1911. Elections in county units shall be held only on petition as provided in the next preceding section of this act. Elections hereafter shall be held only on the last Tuesday in June of any year; provided, that after the hold- ing of an election to determine the question whether intoxi- cating liquors shall be permitted or prohibited within any city, town or county unit, no election shall be held in any such city, town or county unit, upon such question before the last Tuesday in June in the second calendar year thereafter, and then only upon petition as provided in Section 50 of this act. 1242x52. Id. Petition to be filed. The petition for the local option election herein provided for shall be filed with the city recorder, town clerk or county clerk, as the case may be. not less than sixty days nor more than one hundred twenty days before the day of election; except as to CHAP XI. IV. INTOXICATING LIQUORS. 213 elections petitioned t" be held in county units on June IT. 1911, and as to such election shall be filed not less than thirty days before the day of such election. The elections provided for l>y this act shall be held at voting place or places within thi towns or county units petitioning therefor, and if such election be held in any city or town the judges and clerks of election shall lie appointed and qualified under the laws relating to elections in cities and town-, and if such election l>c held in any county unit the es and clerk- of election shall be appointed and quali- fied under the laws of the state relating to general elections. 1242x53. Qualified voters. Any person shall be quali- fied to vote at any election held in any city or town here under who was qualified to vote at the last city or town election in the voting district in which he offers to vote, and any person -hall be qualified to vote at any election held in any county unit hereunder who was qualified to vote at the last general election in the voting district in which he offer- to vote; such qualification shall be shown by the official register used at such last city, town or general election i and in addition thereto all qualified elec- who may register as herein provided, or wdio shall be transferred as provided by law. shall be entitled to vote iny election under this act. 1242x54. Id. Duties of county clerk. Trior to the time for registering voters, al any election held under the provisions of this act, the county clerk of each county of the state shall prepare an official register of the voter- in each election district affected l>y such election, if such election he for any city or town. 1>\ making a list in alpha- rder of the official register used at the last city or town election, as the case may be, and if such election be in any county unit, by making a list in alphabetical order of the official register used at the last general election, which ster shall be delivered to the registry agent of 214 CHAP. XLIV. INTOXICATING LIQUORS. the election district, at least fifteen days prior to the first day of registration, and shall be revised by adding the names of all persons registered on the proper days prior to the election; provided, that the cost of making such lists as relate to cities or towns shall be paid by the city or town holding such election. In case of election in any county unit, if any voting district now established shall include territory both within said county unit and also within any city or town, the county commissioners shall organize a new voting district consisting of territory wholly without said city or town and wholly within said county unit, and registration officers and judges and clerks of election shall be appointed under the general election laws relating to election districts. 1242x55. Id. Duty of registry agents. It shall be the duty of the registry agents, appointed as approved by law, at any time when called upon to do so, at their respec- tive offices and not elsewhere, between the hours of eight o'clock a. m. and nine o'clock p. m. of the first Tuesday in June and the last Friday in June immediately prior to the election, to receive and register the names of all quali- fied electors applying for registration. 1242x56. Id. Offenses. The provisions of Chapter 10, Title 21, Compiled Laws of Utah, 1907, defining election offenses wherever applicable shall apply to and are hereby made applicable to all elections held under the provisions of this act. 1242x57. Form of petition. The form of petition shall be substantially as follows: PETITION FOR LOCAL LIQUOR ELECTION. We, the undersigned legal voters of (here insert, as the case may be, name of city, town or county unit), le- CHAP XLIV. INTOXICATING LIQUORS. 21S tfullj petition, that on the last [\1esda3 of [une, 19 an election be held to determine whether the sale of intoxi eating liquors shall be allowed or prohibited in (state n of city, town or county unit), and each For himself says: I have personally signed this petition and my residence, postoffice and voting district are correctly written after my name. Name Residence Postoffice Voting District ■ r< et and number, it" any.) i Here follows tuent\ lines for signature.) Such separate sheets shall be fastened together in one petitii 'ii and filed as a \\ hole. The city recorder, town clerk or county clerk, as the case m;ii be, shall, upon receipt of such petition immedi ately file the same and shall, if such petition be for an election in any city or town, thereupon compare the signa- tures of the electors signing the same with the names on the registration books and blanks on file in his office for the last city or town election, and shall, if such p tion he for an election in any county unit, thereupon com the signatures of the electors signing the same with the names on the registration hooks and blanks on file in his office for the lasl general election. If the requisite number <>i qualified electors shall have signed the petition ami if the same I- m substantial conformity with the pro visions of this act, he shall thereupon see that it i^ entered in full in the records of the city council, hoard of trust or hoard of county commissioners, omitting the signatures, hut the number of signers. 1242x58. Notice of election. Form. At least twenty day-, previous to any election hereunder, the city recorder, town clerk or county clerk, as the case may he, shall deliver to the chief of police, marshal, or other chief pi officer of said city or town, or sheriff of any county, at ■ three notices of the election for each voting district 216 CHAP. XLIV. INTOXICATING LIQUORS. in said city, town or county unit. Said notice shall he substantially in the following form: LIQUOR ELECTION NOTICE. Notice is hereby given that on Tuesday the day of June. 19. . . . an election will be held to determine whether the sale of intoxicating liquors shall be allowed or prohibited in (here insert the name of the citv, town or county unit) which said election will be held at 7 o'clock in the morning and shall continue until 7 o'clock in the afternoon of said day. Dated this day of , 19. . . . (City Recorder, Town Clerk or County Clerk of the City, Town or County of , Utah.) It shall be the duty of the chief of police, marshal or other chief peace officer of such city or town or sheriff of any county, at least twelve days before any election here- under to cause said notices to be posted in public places in the vicinity of the polling place or places. Thereupon the city recorder, town clerk, or county clerk, as the case may be, and the chief of police, marshal or other chief peace officer or sheriff of any county shall each file with the city council, board of trustees or board of county commissioners, a brief statement, under oath, of their com- pliance with the provisions of this section; such statement shall be entered in the records of the city council, board of trustees or board of county commissioners, and such records shall be prima facie evidence that all the provisions of this section have been fully complied with. 1242x59. Ballots. For such election it shall be the duty of the city recorder, town clerk or county clerk, as the case may be, to arrange ballots and have them printer! in sub- stantiallv the following: form : CHAP. XLIV. INTOXlUATlNi; LIQUORS -'1/" BALLOT FOR LIQUOR ELECTION. Vote for "i- against the sale of intoxicating liquors beverage purposes for the city, town or county unit of Mark \ in the square to the right. For Sale, Again-t SaK'. There shall be a space of approximately one inch I"' tween the squares in which the voters are to mark. It shall be the duty of the city recorder, town clerk or county clerk, as the case may be, to furnish each voting dis- trict, official ami sample ballots equal in number to that required at city, town or general elections, by the election laws of the state, and at the times and in the manner therein required. Those favoring sale of intoxicating liquors shall mark 1X1 in the square at the right of the words "For SaK" and those opposed shall mark (X i in the square at the right of the words "Against Sale." At any election held under this law, judges of election shall, if requested, permit one person, gnated by the petitioners and also one other person t" be designated in the same way by five persons known to be opposed to the petitionei nd outside of the guard rail at the polls during tin. progress of the ballot as challengers, and also during the counting of the votes. 1242x60. Election law of state to apply when not other- wise provided. In all elections hereunder, in all matters and proceedings n>>t herein specified, the provisions "i" the tii >n laws of the state, relating tions in cities, towns and ral elections, including provisions relating to expenses of eli -hall apply so far as the same are applicable. 1242x61. Returns. In case of ns in cities and towns, returns shall be made am ed as nearly 218 CHAP. XLIV. INTOXICATING LIQUORS. as possible as provided for votes cast at city and town elec- tions ; and in case of elections in county units, returns shall be made and votes canvassed as nearly as possible as pro- vided for votes cast in general elections ; an9 said city coun- cil, board of trustees, or county commissioners, as the case may be, shall immediately after the canvas, make an order declaring the result of said vote, and, if a majority of the votes cast in such city, town or county unit, as the case may be, are "Against Sale," the sale of intoxicating liquors within such city, town or county unit shall after the date fixed in the proclamation hereinafter provided for, be unlawful ex- cept the sale by druggists or pharmacists, as provided in this act ; and. if a majority of the votes cast in such city, town or county unit, as the case may be, are "For Sale," sale of in- toxicating liquors within such city, town or county unit, as the case may be, shall, after the date of the proclamation hereinafter provided for, be permitted as in this act provided. The order thus made shall be held to be prima facie evidence that all the provisions of law have been complied with in giving notice of and holding such election and in counting and returning the votes and declaring the results thereof. 1242x62. Canvass of votes. Declaration of results. The mayor of any city, president of the board of trustees of any town or the chairman of the board of county com- missioners of any county unit voting upon the question shall, within five days after the votes have been canvassed and the result declared, issue his proclamation declaring the re- sult of such election, and, if the result be "Against Sale." declaring that the sale of intoxicating liquors within such city, town or county unit shall be unlawful after the first dav of October immediately following such election; and, if such result be "For Sale," declaring that the sale of intoxi- cating liquors shall be permitted after the date of such procla- mation, as in this act provided. Such proclamation shall be published for Eive days in some newspaper published in the city, town or at the county seal of the county in which such CHAP XLIV. [NTOXK \ 1 1 XT, LIQUORS. 219 count} unit is contained, as tin' case may be, or in lieu thereof, be posted in five conspicuous places for ten days in said city, town or in one conspicuous public place in each voting district of said county unit, as the case may be. In everj city, town or county unit thai shall return a majorit) vote "Against Sale." the prohibitive law shall take effect on the first day of October immediately following; provided, that no license for the sale of intoxicating liquors in any city, town or count) unit shall be granted for the whole or an) part of the period between the election herein provided for and the first day of ( (ctober immediately following, except person who held a license on the day of such election, and as to such persons, he shall be entitled to a license sub ject to the terms of this act. 1242x63. Date effective where majority vote is "Against Sale." All uli" are engaged in selling intoxicating liquors within any city, town . >r county unit that shall return a ma- jority vote "Against Sale." shall after the thirtieth da) of September immediately following such election, cease selling or giving awa) any intoxicating liquors within such city, town , »r comity unit, and an) person who shall thereafter, within such city, town or county unit. sell, exchange, barl . r otherwise furnish in violation of the provisions of tli any intoxicating licptors whatsoever, or in any way violate any of the provisions of this act. shall be sub- prosecution under the laws of the State of Utah, and shall be punished, unless otherwise stated, as provided in Section 65 • if this 1242x64. License fee for unexpired term to be refunded. In all cases where any person, firm or association of persons pursuing the occupation of liquor under license issued in accordance with the laws of this by any munici- pality in thi shall be prevented from pursuing such occupation for the full time for which he would other be entitled by reason of any election provided for in this act 220 CHAP. XLIV. INTOXICATING LIQUORS. resulting "Against Sale," the proportionate amount of such license fee paid for the unexpired term, shall be refunded by the city, town or county, as the case may be. 1242x65. Violations. Subsequent offenses. Penalty. Any person who shall in any way violate anv of the provisions of the law of this State relating to the manufacture and sale of intoxicating liquors, as contained in Chapter 106, Laws of Utah. 1911, and all acts amendatory thereof, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars or more than two hundred ninety-nine dollars, or by imprisonment in the county jail for not less than thirty days or more than six months, or both such fine and imprisonment. If any person shall be convicted a second time for violating any of the provisions of the law of this State relating to the manufacture and sale of intoxicating liquors, as set forth in Chapter 106. Laws of Utah, 1911. and all acts amendatory thereof, such person shall be punished for such second and each subsequent violation by both such fine and imprisonment. 1242x66. Licenses now in effect to be annulled, when. Refund. All licenses granted under anv law of this state or under any city, town or county ordinance shall cease and be null and void on the first day of October, 1911, unless such license is sooner terminated by it- own terms, or otherwise. All moneys paid upon any license which by its terms extends beyond the first day of October, 1911, shall, as to the period after such date, be refunded by any city, town or county to which such license was paid. All licenses granted on or after October 1. 1911, shall be granted at the minimum annual rates provided in this unless such rates shall be increased as herein provided, and the amount collected from any licensee shall be such proportion of the whole annual license as the time for which the license is granted bears to the whole year. 1242x67. Provisions of this act not applicable, when. The provisions of this act shall not be construed t«> apply CHAP XI. IV. INTOXICATING LIQUORS. to any gift by any person in case of any injury to any one • ■r in case of emergency for medicinal purposes, nor to the use of Midi liquors in the homes of individuals for family or private use. 1242x68. Restrictions and regulations. Nothing in this act contained shall prevent or prohibit any city council, board of commissioners, board of trustees, or board of count} c< missioners, from enacting restrictions upon and regulation the traffic in intoxicating liquors in "wet territory," and in addition to, but not in conflict with, the provisions of ths act : nor shall this act or any provision thereof be SO construed as abridge or limit the charter powers of municipal porati 'h reference to the suppression or prohibition oi the said liquor traffic in "dry territory" within this State, except thai no municipal corporation shall prohibit or hinder what is permitted under the provision- of Chapter 106 of the Laws of Utah, 1911, or amendment thereof, applicable to such ration. i, that a conviction or an acquittal in a prosecution for a violation of any of the provisions of said Chapter 106, or any amendment thereof, or for a violation any municipal ordinance adopted as permitted in this tion hereof, shall be a bar to any prosecution either by the Slate or by such municipality against the same person for the same act or acts as those for which such conviction or acquittal shall be obtained. Prosecutions not abated. Nothing in this act conta shall be construed to ah. prevent conviction under any ■ cut ion heretofore begun and pending in any courl this State This act shall take effect upon approval. larch 20th. 1913. IB 222 CHAP. XLV. WATER. CHAPTER XLV. GENERAL PROVISIONS CONCERNING WATER. 1288x18. Waters public property. The water of all streams and other sources in this state, whether flowing above or under the ground, in known or defined channels, is hereby declared to be the property of the public, subject to all existing rights to the use thereof. 1288x19. Standard of measurement. The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known 'as a second foot: and the standard unit of measurement of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to 43,560 cubic feet. 1288x20. Beneficial use. Beneficial use shall be the basis, the measure, and the limit of all rights to the use of water in this state. CHAP. XL\ 1. LlullT-HOUK LAW. 22i CHAPTER XLVI. EIGHT-HOUR LAW. 1336. On public works. Eight hours shall constitute ty's work in all penal institutions in this state, whether e, county, or municipal, and on all works and under- takings carried on or aided by the state, county, or munici- pal governments. \ny officer of the state or of any county • >r municipal government, or any person, corporation, firm. contractor, agent, manager, or foreman, who shall require or contract with any person to work in any penal institu- tion or upon such works or undertakings longer than eight hours in one calendar day, except in cases of emergency, where life or property is in imminent danger, shall be guilty of a misdemeanor. 1337. In mines and smelters. The period of employ- ' of working men in all underground mines or workings. and in smelter-; and all other institutions for the reduction or refining of ores or metals, shall be eight hours per day, except in cases of emergency, where life or property is in imminent danger. \ny person, body corporate, agent, man- employer who shall violate any of the provision- of this section shall be deemed guilty of a misdemeanor. 224 CHAP. XLVII. EMPLOYMENT OF FEMALES. CHAPTER XLVII. EMPLOYMENT OF FEMALES AND CHILDREN. 1338. In mines and smelters forbidden. It shall be unlawful for any person, firm, or corporation to employ any child under fourteen years of age, or any female, to work in any mine or smelter in the state of Utah. Any person, firm, or corporation who shall violate any of the pro- visions of this section shall be deemed guilty of a misdemeanor. 1339. Proprietor to provide seats for female help. The proprietor, manager, or person having charge of any store, shop, hotel, restaurant, or other place where women or girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest when not employed in the discharge of their respective duties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor. 1339-1. Certain employment prohibited. No child under the age of fourteen years shall be employed, per- mitted or suffered to work in any capacity in. about or in connection with the preparing of any composition in which dangerous or poisonous acids are used — manufacture of paints, colors or white lead; manufacturing, packing or storing powder, dnyamite, nitroglycerine compounds, fuses or other explosives; manufacture of goods for immoral pur- poses ; nor in any quarry, any mine, coal breaker, laundry, tobacco warehouse, cigar factory, or other factory where tobacco is manufactured or prepared; distillery, brewery or any other establishment where malt or alcohol liquors air manufactured, packed, wrapped or bottled; theatre, con- cert hall, nor saloon, nor in operating any automobile, motor \P. XLVII. EMPLOYMENT OF FEMALES. 225 car. or truck; in the running or management of elevators, lifts or hoisting machines; m n iwling alleys, nor in any other employment declared by the state board of health to be dangerous to lives or limbs, or injurious to the health or morals >•[ children under the age of fourteen. 1339-2. Employment certificate. An employment cer- tificate shall he issued only by the superintendent of schools or by a prison authorized by him in writing, or, wh< is no superintendent of schools, by a person authorized by the school hoard; provided, that no member of a school i or other person authorized as aforesaid shall have the authority to issue such certificate for any child then in ibout to enter such person's own employment or the em- ployment of a firm or corporation of which he is a member, officer or employee; provided, that no such certificate shall l>e issued until the person issuing the same shall have received, examined and chool record of such child. 1339-3. Id. No employment certificate shall be issued until the child in question has personally appeared before and been examined by the officer issuing the certificate, nor until such officer, after making such examination, has signed and filed in his office a statement that the child can read and legibly write simple sentences in the English language. 1339-4. School board. The school record required by this act shall be signed by the principal or chief executive officer of the school which such child has attended, and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child has attended the public schools or parochial schools equiva- lent thereto for not less than one hundred days during the year- previous to his arriving at the age of fourteen - during the year previous to applying for such ■ 1 record, and is able to read and write simple sen- tences in thl -'ige. 226 CHAP. XLVII. EMPLOYMENT OF FEMALES. 1339-5. Duties and powers of inspectors or truant officers. Any authorized inspector or the truant officer shall make demand on any employer in or about whose place or establishment a child apparently under the age of fourteen years is employed or permitted or suffered to work, and require such employer to furnish him within ten days satisfactory evidence that such child is in fact over fourteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. 1339-6. Employment of females prohibited in certain cases. No female under the age of twenty-one years shall be employed, permitted or suffered to work in, about or in connection with any restaurant, resort or place of amuse- ment where alcoholic liquors are manufactured or dispensed. 1339-7. Messenger service. In cities of the first or second class no person under the age of twenty-one years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, trans- mission or delivery of goods or messages before 5 o'clock in the morning or after 9 o'clock in the evening of the day. And no person under the age of twenty-one years shall be permitted to deliver messages or goods to, or required to visit, in the course of any employment, any house of ill- repute, or saloon, or gambling house, or other places of objectionable character which have been disapproved by the juvenile court. 1339-8. Limitation of hours. Xo boy under the age of fourteen years and no girl under the age of sixteen years shall be employed, permitted or suffered to work at any gainful occupation other than domestic service, fruit or vegetable packing, or work on a farm more than fifty-four hours in any week. 1339-9. Selling newspapers, etc. Boot-blacks. No male child under twelve and no girl under sixteen years of age CHAP. XI. VII. EMPLOYMENT OF FEMALES. 227 shall, in any city of the first or second class, sell or ex] or offer for sale newspapers, magazines, periodicals or other merchandise in any str< public place. No child shall work as a boot-black in any streel or public plan- unless he is ,.wr twelve years of age. 1339-10. Id. Exceptions. Permit. No male child un- der siM' s of age shall sell or expose or offer for sale in any street or public place any of the articles mentioned in Section 9 or work as a boot-black therein, unless a permit as hereinafter provided shall have been issued to him by the superintendent of schools or by a person authorized by him in writing, or, where there is no superintendent of . by a person authorized by the school board on the application of the parent, guardian or other person having the custod) of the child desiring such permit, or in ca child has no parent, guardian or custodian, then on the appli- cation of his next friend, being an adult. Such permit shall not be issued until the officer issuing the same shall have received, examined, approved and placed on file in his offici ry proof that such male child is of the of twelvi ir upwards, and shall also have received, lined and placid on file the written statemenl of the principal or chief executive officer of the school which the child Stating that such child is an attendant at thai he is of the normal development of a child id physically fit for such employment, and that principal or chief executive officer approves the grant- h child. 1339-11. Permit. Such permit shall state the name and lardian, custodian or next friend. ■ >f the hair and and wi 1 any distinguishing facial ild. 1339-12. Id. No child to whom a permit 228 CHAP. XLVII. EMPLOYMENT OF FEMALES. black, sell or expose or offer for sale any newspapers, maga- zines, periodicals or other merchandise in any street or public place after 9 o'clock in the evening. 1339-13. Id. In case any employer shall fail to produce and deliver to an authorized inspector or truant officer, within ten days after demand made pursuant to Section 2 of this Act, the evidence of age therein required, and shall thereafter continue to employ such child or permit or suffer such child to work in such place or establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence of the illegal employment of such child in any prosecution brought therefor. 1339-14. Penalty. Whoever employs any child, and whoever having under his control as a parent, guardian or otherwise, any child, permits or suffers such child to be employed or to work in violation of any of the provisions of this Act, shall for such offense be fined not less than Twenty-five Dollars nor more than Two Hundred Dollars, or be imprisoned for not less than ten days nor more than thirty days, or both, in the discretion of the court. 1339-15. Juvenile courts given jurisdiction. That the juvenile court or courts of like jurisdiction of the state of Utah is hereby given jurisdiction in all cases arising under this Act. Approved March 21st, 1911. CHAT XI.V11I. PUBLIC LIBRARIES. 229 CHAPTER XLVIII. PUB! [C 1 [BR VRIES 1360. Cities of the first and of the second class may establish. Annual tax. The governing body of each city of the first and of the second class shall have power to i stablish and maintain a public library and reading room For the use and benefit of the inhabitants of such city; and for thai purpose cities of the first class must levy a tax of one-third ue mill "H the dollar, and may levy a tax of not to exceed two-thirds of one mill on the dollar; and cities of the md class may levy a tax of not to exceed one mill on the ir, annually, on all the taxable property in the city; such tax to be levied and collected in the same manner as other general taxes of said city, and to be known as the library fund; provided, that n<> such tax shall be levied in the first in- ni e in any city of the first class until a petition, signed by at bast 1.000 qualified voters and property taxpayers, shall have been filed with the governing body of such city; nor in any city of the second class until such petition, signed by at leasl 250 qualified voters and property taxpayers, i dents of such city, shall have been so filed. 1361. Directors. Appointment. When the city council m any city of the first or of the second class shall have decided to establish and maintain a public library and read mil,' room, under the provisions heri mayor of such city shall, with the approval of the city council, proceed to appoint a beard of nine directors for thi chosen the citizens at large with reference to their fitness for such office: and ii"t more than one member of the city council shall be at any one time a member "i said board. 1362- Id. Terms. Removal. Said directors shall hold s follows < (ne-third for oni 230 CHAP. XLVIII. PUBLIC LIBRARIES. years, and one-third for three years, from the 1st day of July following their appointment, and at their first regular meet- ing shall cast lots for the respective terms; and annually thereafter the mayor shall, before the 1st day of July of each year, appoint, as before, three directors to take the place of the retiring directors, who shall hold office for three years, and until their successors are appointed. The mayor may, .by and with the consent of the city council, remove any director for misconduct or neglect of duty. 1363. Id. Vacancies. Vacancies in the board of direc- tors, occasioned by removals, resignations, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive any compensation. 1364. Id. Powers. Said directors shall, immediately after appointment, meet and organize by the election of one of their number as president, and the election of such other officers as they may deem necessary. They shall make an time by its aions prescribe 1366. Directors' report. The said board of dire. shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust- on the 1st day of June of that year, the var: - of money received from the library fund and from other sources, and how much money has been expended. and for what purpose-; the number of 1 Us and periodicals on hand, the number added by purchase, gift, or Otherwise, during the year; the number of books lost or missing; the number of \ .'lending; the number of books loaned and the general character and kind of such books; with such other statistics, information and tions as they may dei neral inti VII such porti -aid rt as relate to the receipt and expenditure of money, as well as the number of b. „ ,ks on hand, books sing, and I by affidavit. 1367. Injuries to books. The nil of said shall ha\ 232 CHAP. XLVIII. PUBLIC LIBRARIES. alties for the punishment of persons committing injury upon such library, or the grounds, or other property thereof, and for injury to or failure to return any book belonging to such library. 1368. Donations. Any person desiring to make dona- tions of money, personal property, or real estate, for the benefit of such library, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this chapter, to be held and con- trolled by such board, when accepted, according to the terms of the deed, gift, devise, or bequest of such property; and as to such property, said board shall be held and con- sidered to be special trustees. CHAP XLIV. l.lAl'.ll 1TV OF CITY 233 CHAPTER XLIX. I.I ABILITY OF CITY, T( IWN, ET< 1400x. County, city, town, or school district jointly liable with principal contractor. Any person, partnership, or corporation who has done work or labor or furnished materials to any principal contractor for the construction or repair of any public work of any character for any county, i. city, village, or school district, may maintain an action therefor in the county in which such work, labor, 01 materials were dom nr furnished, against such principal con- tractor and such county, town, city, village, or school district, jointly, for the recovery thereof; but no judgment shall he rendered against any defendant therein, other than such principal contractor, for any amount greater than the amount from it to such principal contractor at the time of the mencement ^>i such action. Such county, town, city, villa] hool district, when served with the summons in any such action, may give notice thereof to such principal ind On SO doing need nql further defend such action. On rendition of judgment in such action against such principal contractor, the court may also render judgment nst such county, town. city, village, or school district for the amount due from it to such principal contractor at the time "i the commencement of such action, or for a suf- ficient amount to pay the judgment recovered against the principal contractor, and payment thereof shall dischargi indebtedness to such principal contractor, to the amount paid; provided, that sts -hall not be taxed against such ■i, city, village, or school district. Such principal contractor may, in such action, file in the court in which action is commenced a bond, in such sum and with such sureties as the judge of such court shall appri for the payment of any judgment that may he recovered in 234 CHAP. XLIV. LIABILITY OF CITY. such action, and thereupon the liability of such county, town, city, village, or school district hereunder shall cease, and the action as to it shall be discontinued without costs to it. 1399. Excessive claim. Penalty. No lien on public buildings, etc. Any person who shall knowingly cause to be filed for record a claim of lien against any property what- ever, which shall contain a greater demand than the sum due him, with the intent to cloud the title or to exact from the owner or person liable, by means of such excessive claim of liens, more than is due him, or to procure any advantage or benefit whatever, shall be deemed guilty of a mis- demeanor. The provisions of this chapter shall not apply to any public building, structure, or improvement. CHAP. L. MINORS. 235 CHAPTER L. MINORS. 1541. Period of minority, males and females. The period of minority extends in males to the age of twenty-one ind in females to that of eighteen years; but all minors obtain their majority by marriage. 236 CHAP. LI. NAMES— CHANGE OF. CHAPTER LI. NAMES; CHANGE OF. 1545. Change of name of person, city, town, etc. Pe- tition. Any person, city, town, precinct, or school district, desiring to change his or its name, may file a petition there-, for in the district court of the county where located, setting forth : 1. The cause for which the change of name is sought; 2. The name proposed ; 3. If the petitioner is a person, that he has been a bona fide citizen of the county for the year immediately prior to the filing of the petition ; or, if the petitioner is a city, town, precinct, or school district, that two-thirds of the legal voters thereof desire such change of name, and that there is no other city, town, precinct, or school district in this state of the name sought. 1546. Hearing. Proof of publication. Order. At any subsequent term, the district court may order the change of name as requested, upon proof in open court of the allegations of the petition, and that there exists proper cause for granting the same, and that thirty days' previous notice of the hearing thereof has been given in a newspaper published or having a general circulation in the county. 1547. Effect of change. Such proceedings shall in no manner effect a legal action or proceeding then pending, nor any right, title, or interest whatsoever. CI! \l' l. II Ml >TOR VHIICI.ES. 237 CHAPTER LII. M< IT< >P \ EHICLES S.ND CH Mil MRS. 1548. Construction of words and phrases used in this Act. The words and phi ised in this \c\ shall, for the purposes of this Act, unless the same be contrarj to or im - n tent with the context, be construed a^ follows "Motor vehicle" shall include all vehicles propelled by any other than muscular power, excepting such motor vein run only upon rails or tracks; provided, that nothing herein contained shall, except as othewise provided, apply to motor cycles, in. 'tor bicycles, traction engines, road rollers, fire engines, ambulances or police patrol wagons. "Public highways" shall include any highway, country tte road, public street, avenue, alley, park, parkway, drivewa' in any city, town or vill "< losely built up" shall mean, (a) the territory of any incorporated city or town contiguo iblic highway which is at that point built up with struct! to busin rriti iry of an\ o unity, im town or village contiguous to a public highway led to business, where for n mile the dv\ elling h h high ■ hundred feet apart, and the tern 1 city, town or village conl hin a di ne half mile from ai 51 one-qt ile within such limits the dwellin - than three hundred authorities having charge of such ' ■ ten miles ur" and te 238 CHAP LII. MOTOR VEHICLES. also an arrow pointing in the direction where the speed is to he reduced. (4) "Local authorities" shall include all officers of counties, cities, towns, or villages, as well as all boards, councils, trustees, committees, and other public officials of such counties, towns, cities, or villages. (5) "Chauffeur" shall mean any person operating a motor vehicle as mechanic, employe or for hire. 1548x1. Statement to be filed with secretary of state. Fee. Every person now or hereafter acquiring or owning a motor vehicle shall, for every vehicle owned by him, file in the office of the secretary of state a statement of his name and address, with a brief description of the vehicle to be registered, including the name of the maker, factory number, style of vehicle and motor power, on a blank to be pre- pared and furnished by the secretary of state for that pur- pose; the filing fee therefor shall be two dollars. 1548x2. Motor vehicles to be registered and assigned number. The secretarv of state shall thereupon file such statement in his office, register such motor vehicle in a book or index to be kept for that purpose, and assign it a distinctive number. 1548x3. Seal. The secetary of state shall forthwith <>n such registration, and without other tec. issue and deliver to the owner of such motor vehicle a seal of aluminum or other suitable metal, which shall be in circular form, approximately two inches in diameter, and have stamped thereon the words "Registered motor vehicle. No State of Utah." with tin- registration number inserted therein: which seal shall hereafter at all times be conspicuously displayed on the motor vehicle, to which such number has been assigned. 1548x4. Id. Must be displayed. Every motor vehicle shall at all times, while being used or operated upon the public highways of this state, have the number assigned to CHAP Ml MOTOR VEHICLES. 239 ly the secretary of state displayed "n the back or rear such vehicle, in a conspicuous place and manner, securely ned so as not to swing, and so as to be plainly visible. the numbers to be in \rabic numerals and upon a plate or marker, the said number to be followed by the initial letter of tbis state on the plate or marker, the figures thereon •r inches high and eacli stroke thereof to be one-half and the said letter thereon to be nol less than one inch in height, one inch wide, and at all times unobscured. 1548x5. Motor vehicles in possession of manufacturers or dealers. A manufacturer of or dealer in motoi vehicles • >r a proprietor of taxicabs shall r one vehicle of each style or type manufactured, dealt in <>r used by him, and be entitled I ny duplicate registration seals for each type manufactured, dealt in or used as he may desire on payment of an additional fee of fifty cents for each dupli- cate seal, -aid duplicate seals to be designated by letters of the alphabet. If a registration seal and the corresponding number shall thereafter be affixed and displayed on every vehicle of such type or style as in this section provided, while such vehicle is being operated on the public highways, it shall be deemed a sufficient compliance with this Act. until such vehicle shall he sold. Nothing in this subdivision shall be construed to apply to a motor vehicle employed b; manufacturer "r dealer for private use. 1548x6. Id. No motor vehicle shall be used or operated i the public highways of this state after thirty days the time this Act takes effect, unless the owner shall have complied in a" till this section, except that ■n purchasing a vehicle from a manufacturer other person after th goes into effect shall •o operate such vehicle upon the public highways for a period of ten da urchase and •'. that during such period such motor ir 'he r in number and seal of the - r ■ - i CHAP LII. MOTOR VEHICLES 241 therein. <>r a cr -ting public highways, or a je or a sharp turn ur curve, dugway, or a steep descent, ng such person, horse or other draft animal. and in traversing such crossing, bridge, turn nt. the • erating the motor vehicle shall the same under 1 reduce its speed. If such er draft animal !>e;ng so led. ridden, or driven shall appear to be frightened, or if the person in charge thereof shall reque- "ting up his hand, the person operating the motor vehicle shall immedi- ately stop, and if traveling in the opposite direction, shall .in stationary so long as may be reasonable to allow such horse or animal to p. veling in the same direction, shall use reasonable caution in thereafter passing such horse limal, so as to prevent accidents and insure the safe: - same, and shall not use the exhaust cut :ch vehicle when so approaching or er draft animal. 154gxll. Accidents. In case of accident to a p' the public high.. •or vehi person operating such motor p, and. upon request of a person injured, or any rson his name and adc and. if not the owner, the name and address of such owner. 1548x12. Public highway for speed tests. Local author- inding the other pi- le for a given time a specified public high :nder prope- : the public. 1548x13. Rules to be observed on highway -.ever a person operating a motor vehicle shall meet on the public son riding or c- . horse or horses, ■ ther draft animals, or any other vehicle, the person so g such motor vehcile shall reasonably turn the c 242 CHAP LII. MOTOR VEHICLES. to the right so as to give halt of the traveled road, if practi- cable, and a fair and equal opportunity to pass, to the other without interference ; or. if they are traveling in the same direction, the person overtaking shall pass on the left side of the person so overtaken, and the person overtaken shall give the other a convenient opportunity so to pass, if it can be done without endangering his own vehicle, person, horse, or other draft animals. 1548x14. Equipment. Lights- Every motor vehicle while in use on a public highway shall be provided with good and efficient brakes, and also with suitable bell, horn, or other signal, and be so constructed as to exhibit, during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights visible within a reasonable distance in the direction towards which such vehicle is pro- ceeding, and also a red light visible in the reverse directon. 1548x15. Local authority. Subject to the provisions of this Act, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requir- ing of any owner or operator of a motor vehicle any license or permit to use the public highways or excluding or pro- hibiting any motor vehicle whose owner has complied with Section 2 of this Act from the use of such highways, except such driveway, speedway or road as has "been or may be expressly set apart by law for the exclusive use of horsed and light carriages, or except as herein provided, in any way affecting the registration or numbering of motor vehicles or prescribing a slower rate of speed than herein specified at which such vehicles may be operated, or the use of the highways by such vehicles, contrary to or inconsistent with the provisions of this Act. 1548x16. Civil actions. Nothing in this Act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by reason of injuries CHAP LII. MOTOR VEHICLES. to p> propertj resulting [rom the negligent use of tlie highways by a motor vehicle or its owner or his employe agent. 1548x17. Chauffeurs must register. Fee. Every person hereafter desiiing to operate a motor vehicle as a chauffeur shall file in the office of the secretary of state, on a blank to be supplied by such secretary, .1 statement which shall include his name and address and the trade name and motive power of the motor vehicle or vehicles he is abli to operate, and shall pay a registration fee of two dollars 1548x18. Register to be kept. The secretary of state shall thereupon file such statement in his office, register such chauffeur in a book or index to be kept for such purpose, and n him a number. . 1548x19. Badge. The secretary of state shall forthwith, upon such registration and without other fee, issue and deliver to such chauffeur a badge of aluminum or other suit- metal, which -hall be in oval form, and the greater diameter of which >hall not be more than two inches, and such badge shall have stamped thereon the words, "Regis- ' Chauffeur \'o , State oi' I tali." with the rc^is (ration number inserted therein, which badge shall then- after be worn l>\ such chauffeur pinned to his clothing in a jpicuous place at all times while he is operating a motor vehicle upon the public highv 1548x20. Improper use of badge. No chauffeur, having I as hereinbefore provided, shall voluntarily permit .my other person to wear his badge, not shall an) person while operating a motor vehicle wear any badge belonj Mother person, or ,1 fictitious badg 1548x21. Owners operating their own cars. \ shall motor vehicle a- chauffeur upon the public 244 CHAP LII. .MOTOR VEHICLES. highways after thirty days from the time this Act takes effect, unless such person shall have complied in all respects with the provisions of this section. Nothing in this section shall apply to owners operating their own cars. 1548x22. In case of sale, number may be retained. Fee. An owner of an automobile desiring to sell or dispose of said vehicle shall immediately notify the secretary of state of such transfer, and may upon his request, and the payment of $2.00 registration fee, have the number apply to any other automobile owned or operated by him not already registered as provided for. 1548x23. Disposition of fees. All fees received or col- lected under the provisions of this Act shall be paid into the state treasury to be applied to the state road fund. 1548x24. Penalty. The violation of any of the provisions of this Act by any owner, chauffeur or operator of any motor vehicle, shall be deemed a misdemeanor, and punishable as such. 1548x25. Complaints or actions. In all complaints or actions for the violation of any of the provisions of this Act the justice of the peace before whom the same shall be tried shall have jurisdiction and power to render judgment therein, and issue process of execution and mittimus thereon ; but the defendant shall have the right to appeal as in other cases. Approved March 22d, 1909. CHAP. LIU. OFFICIAL BOXD.s 245 CHAPTER LIII. OFFICIAL B( >NDS. 1682. Run to whom. \\ hen the law directs that a public officer shall give a bond without prescribing to whom it shall run. it --hall he made, if he i- a state officer, to the state; ii a county, precinct. or district officer, to the county; if a municipal officer, t<> the city or town; and if a school officer, t" the -chool district or to the hoard of edu- cation, as the case 1 maj he. 1683. Who secured. The official bond of a public officii, to the state, or t" any county, city, town, or ether municipal or publii -hall he deemed a security to the to such county, city, town, or "titer municipal or public corporation, as the case may be. and also to all per- sons severally, for tin official delinquencies against which it is intended to pri i\ 1684. Who may maintain action on bond. When a public officer, by official misconduct or neglect of duty. shall forfeit his official bond or render his sureties therein liable upon such bond, any person injured by such miscon- duct or neglect. or who is by law entitled to the benefit of the security, may maintain an action at law thereon in his own name against the officer and his sureties to recover the amount to which he may by reason thereof he entitled. 1685. Repeated delinquencies. A judgment in favor of a party t ncy docs not preclude the same ■not her party from an action on the same security for another delinquency 'hat sureties can be made Ii in the au_ nt of their undertal 246 CHAP. LIII. OFFICIAL BONDS. 1686. Bonds cover duties under subsequent law. De- fects. The bonds of all civil officers shall be construed to cover duties required by laws passed subsequent to giving them, and no bond shall be void for failure to comply with the law as to matters of form or substance, but it shall be valid as to all matters contained therein, if it complies substantiallv with the law. CHAP. L1V. PAWNBROKERS. IW CHAPTER LIV. PAWNBROKERS \\n SECQND-HAND DEALERS. 1708. Pawnbrokers and second-hand dealers to keep record. Pawnbrokers and dealers in second-hand gi -hall keep records containing a description of all articles received, the amounts paid therefor or advanced there- • 'ii. a general description of the person from whom received, together with his name and address and the date of the transaction. These records shall at all reasonable time- be accessible t" any peace officer who demands an inspection there")', and any further information regarding such transaction that he may require shall In' given by the pawnbrokers and second-hand dealers to the best of their ability. In cities of the first and second das-, at the close ••f each day's business, pawnbrokers -hall mail a copy of sheriff of the county in which they are located. 1709. Right to redeem forfeited articles. In all cases in which article- pledged have been forfeited, n.' sal< other disposition thereof by the pledgee -hall he made ' in the period of three month- after such forfeiture, dur- ing which time the pledgor shall have the first right t" re- i such articles at no greater advance than ten per cent upon tin- amount due when tin- forfeiture occurred. 1710. Penalty. \ violation of any of the provision title shall he a misdemeanor. 248 CHAP. LV. PUBLIC PARKS. CHAPTER LV. PUBLIC PARKS. 1713x1. Cities of first class may maintain public parks, etc. Cities of the first class shall have authority to acquire, establish and maintain public parks, pleasure grounds, play grounds, boulevards, parkways, avenues, driveways, roads and all other public grounds belonging to the city within or without the corporate limits of the city ; provided, that the same arc within at least ten miles of the corporate limits of such city. 1713x2. Lands. How acquired. Lands for any of the purposes mentioned in Section 1 of this Act may. upon the recommendation of the board of park commissioners as here- inafter provided, be acquired by the city, either by gift, devise or purchase. 1713x3. Control vested in a board of park commis- sioners. The care, custody, management and control of such city parks, pleasure grounds, play grounds, boulevards, parkways, avenues, driveways, roads and all other public grounds, shall be vested in a board of park commissioners, which shall be composed of six members, who shall be qualified electors and resident taxpayers of such city. The mayor of the city shall be ex officio a member of the commission. 1713x4. Appointment of commissioners. Vacancies. The mayor of such city shall nominate and, by and with the consent of the city council, shall appoint the five members, who together with himself, shall constitute the board of park commissioners. Of the members first appointed, three shall CHAP. l.V. PUBLIC PARKS. 249 hold office until December thirn First, 1912, two shall hold office until December thirty-first, 1"14. and thereafter each member shall hold his office for four years, and until his successor is appointed and qualified. \11 vacancies in such commission, arising from any cause whatever, shall be filled for the unexpired term by appointment by the mayor. 1713x5. Id. Oath. Bond. Not to be interested in contracts. The members of the board of park commissioners shall serve without compensation, except for their actual disbursements; and shall subscribe to the constitutional oath of office, and enter into a bond with the city in the sum of twenty-five hundred dollars, with two or more good and sufficient sureties. <>r corporate surety, conditioned for the fulfillment of their duties, said bonds to be approved by the mayor and the expenses, if any. of such bonds to be paid of the park fund, as hereinafter provided. Xo member the board of park commissioners shall be interested. directly or indirectly, in any contract relating to the estab- lish! maintenance oi anj of the properties med in Section 1 of this Act. or in any contract pr< for the expenditure of any public money m relation thereto. Any member of the commission other than the mayor, shall - vacating his office up"ii ; : any other public office. 1713x6. Meetings. The board of park comn shall Ini [ular meeting on the firsl Tuesday of each h, and may by rule provide for special mi and service of notice thereof. A maji ri 'he members of the conn nstitute a quorum, and n the binding, >rity he members at a regular, or duly called then 1713x7. Organization. Offices, etc. Superintendent. Expenses. The board of park commiss 250 CHAP. LV. PUBLIC PARKS. first regular meeting in each year, elect a president and a secretary, both of its own number, and who shall serve in such capacity during the year. The commission shall have the power to provide itself with a suitable office, and with stationery and other facilities necessary for the performance of its duties. The commission shall have further power to appoint and employ a superintendent of parks, qualified to execute the rules, regulations and orders of the com- mission : and to appoint and employ parkkeepers, play ground supervisors, clerks, florists, landscape artist, or other em- ployes that may be deemed necessary, said general expenses and salaries to be paid out of the park fund in the manner as hereinafter provided. 1713x8. Powers of commission. The board of park- commissioners shall have exclusive management and control of all public parks, pleasure grounds, play grounds, boule- vards, parkways, avenues, driveways, roads and other public gn muds as mentioned in Section 1 of this Act, and exclusive power to lav out, improve and regulate the same ; and to prohibit all injurious and unnecessary traffic therein and thereon; and to grant or refuse licenses to vend goods on the streets or sidewalks within three hundred feet of any park entrance, and on the streets and sidewalks adjoining parks ; and shall establish and maintain necessary rules and regulations for the proper supervision and control thereof. The commission shall have such additional powers thereto as may be prescribed by city ordinance, and the city council shall, by ordinance, provide for the enforcement of the rules ami orders of the commission. 1713x9. Id. The board of park commissioners shall have full power and authority to expend for and in behalf of the city, in the manner hereinafter provided for, all moneys that mav be raised by taxation or otherwise for park purposes, and all moneys appropriated by the city coun- cil from the general revenues of the city for the purpose CHAP. LV. PUBLIC PARKS. 251 'us \ct. and all moneys that may be • i>> the i -Mil from the sale of privileges in or about the parks or pleasure grounds within its jurisdiction. 1713x10. "Park Fund." All moneys levied, collected, appropri; otherwise acquired for the purposes as mentioned in Section 1 of this \ct. shall be known as the "Park Fund" and shall posited in the city treasury to the credit of the park fund. Said fund shall be kept separate and apart from all other funds of said city, and shall be used exclusively for the purposes expressly set forth in this Act; provided, however, that any portion of the park fund remaining unexpended at the end of any fiscal year, or at any other time, shall not in any event l>e con- verted into the genera] funds of the city, nor be subjected ppropriation by the city for general purposes. The board park commissioners shall have power to expend the neys of said park fund, as in its judgment the needs of such improvements shall require, and the same shall be Marly drawn upon the city auditor by vouchers, properly authenticated by the president and the secretary of the ssii m. 1713x11. Real or personal property may be granted, etc. Real and personal property may be granted, be- rthed, devised or conveyed to the board of park com- sioners in the name of the city, for the purpose of blishing, improving or ornamenting any public park, pleasure ground, play grounds, boulevard, parkway, avenue, drivew:r r other public grounds within the jurisdiction or for the establishmenl or maintenai in public parks or plea-tire -rounds, or museums, zoological llections of natural history, observatories, ries, monun other work- of art. /' that all such real or personal property so -ranted, bequeathed, I, shall be nly upon such trusts in. \nd 252 CHAP. LV. PUBLIC PARKS. provided further, that all such property so accepted and acquired shall be subject to the exclusive management and control of the commission, and the rents, issues and profits accruing therefrom shall issue into and become a part of the park fund. 1713x12. Annual tax levy. As a part of the annual tax levy authorized by "law, the city council shall, upon the recommendation of the board of park commissioners, an- nually levy, assess and collect upon each dollar of taxable property within the city, not less than one-half of a mill and not more than one mill for the purposes expressly mentioned in this Act. The proceeds from such levy shall be col- lected in the same manner and at the same time as are other city- taxes, and shall be appropriated by the city council to the park fund. 1713x13. Parking districts. The board of park com- missioners shall, in the manner herein provided, have the power to set aside any part of the city as a parking district. When it is proposed to set apart any part of the city as a parking district, it shall be the duty of the commission to advertise for twenty days, according to law, notice of the proposed setting aside of such district. Such notice shall describe the improvements proposed, the boundaries of the district to be affected or benefited by such improvements, the estimated costs of such improvements, and shall desig- nate the time when the commission will consider the pro- posed levy. If, at. or before, the time so fixed for making the proposed levy, written objections to such proposed im- provements, signed by the owners of at least two-thirds of the front feet, of the property abutting upon that portion of the boulevard, avenue, street, parkway, driveway or road which it is proposed to improve, be nol filed with the com mission, the commission shall have pewer, and may proceed, to set aside such part of the city as a parking district, and PI BLIC PARKS 253 may institute, and undertake to make, such proposed im- provements, in the manner as is hereinafter provided. 1713x14. Special tax. \\ hen any part of such city has been properly set aside as a parking district, the city council shall, upon the recommendation of i In.- board of park com- sioners, assess the lots and lands abutting "n the curb borders of such boulevard, avenue, street, parkway, drive way or road which it is proposed to improve, such lots and lands to be assessed in proportion to the linear feel fronl abutting <>n such boulevard, avenue, street, driveway, park- way or road. Provided, h thai the assessment for such special tax, vided for in this section, shall be n .1- Follows: The total estimate cost of the proposed im- provements shall be levied at one time upon the taxable propert) within such district, and shall become delinquent ere provided. The total amount of such tax shall become delinquent in sixty days after the date of such levy and, after the same shall have become delinquent, interest at the ight per cent pei- annum shall be paid thereon Such -hall be levied, collected and enforced in the same man- ner as are other special taxes. Provided further, that, by first rmission from the Board of Park Commissioners, any owner of property abutting ''ii such boulevard, avenue, et, driveway, parkway or road, which it is proposed to rove, shall have the right to grade, seed, plant, care for and maintain, under the rules, regulations and supervision the commission, his own b its., lands or curb property situated in such parking district: and, upon full compliance with the rules and regulations of the commission, -aid prop- owner shall, by and with the consent and approval of the commission, 1" exonerated and released from the pay- Lgainsl him under the 1713x15. Equalization. 111. I'ark Commis- - Hal 1. whei 'he city council has levied any 254 CHAP. LV. PUBLIC PARKS. under the provisions of Section 14 of this act, sit as a board of equalization and review. Before said board shall sit. how- ever, the list of property in such district taxed shall have been completed, and the commission shall have given public notice of the completion of such list. Such notice shall con- tain a list of the property taxed and the amount of tax, and shall state the time and place of meeting of said board of equalization and review, which time shall be during the usual business hours and for not less than three consecutive days. During the time specified when the board shall sit. said tax lists shall be opened to public inspection, and any person so assessed, and feeling aggrieved, may appear before said board and shall be given a hearing; and the board shall have authority to make proper correction- of any lax deemed to be unequal and unjust, 1713x16. May condemn property. The city council shall have the power to, and upon the recommendation of the Board of Park Commissioners, may condemn and purchase real estate for the express purpose of establishing and maintaining a system of connecting boulevards and pleas- ureways, playgrounds or parkways within its corporate limits. Provided, however, that all such condemnation pro- ceedings shall be undertaken in the name of the city, and shall be instituted and conducted by ^\w process of law. 1713x17. Estimates. The Board of Park Commission- ers shall, on or before the first day of January of each year, prepare and submit to the city council an estimate of all funds necessary to maintain all public parks, pleasure grounds, playgrounds, boulevards, avenues, streets, park- ways, driveways, roads and other public grounds within its jurisdiction, during the ensuing year: together with an esti- mate of costs of all contemplated improvements proposed in he made during the ensuing vear. \l\ I V I'l BU( l VRKS 255 1713x18. Annual report. The fiscal year of the I mmissioners shall mil on the thirty-first n or before the fifth day of January of each year the commission shall prepare and sub- mit tn the mayor and the ouncil an annual report detailing in full its transactions during the preceding year Such report shall show an account of all moneys received and expended, and the balance, u any, of the unexpended moneys reposing in the city treasury to the credil of the Park Fund Such report shall further show in detail where. when, how and in what manner such moneys were received and expended, and shall show in detail the nature of all new lands acquired, improvements accomplished, together with a full and comprehensive record of the general main nee operations and all other transactions of the com- • 'II. Approved March 21st, 1911 256 CHAP. LVI. PUBLIC SCHOOLS. CHAPTER LVI. PUBLIC SCHOOLS— SCHOOLS IX CITIES. City School Tax. 1933. School property exempt from taxation and exe- cution. All property, real and personal, held by the board of education shall be exempt from general and special taxa- tion, and from all local assessments for any purpose, and shall not be taken in any manner for debt. 1934. City one taxation district. For purposes of taxa- tion the whole city shall constitute one school district. 1935. Distribution of state funds to cities. All cities organized under the provisions of this chapter shall receive their pro rata share of any state taxes levied for the sup- port of district schools, or any funds that may be realized from any source which, under the operation of law, are required to be divided pro rata for the benefit of children of school age residing in the state. 1936. Tax. Eestimate, levy, rate, collection. The board of education shall, on or before the 1st day of May of each year, prepare a statement and estimate of the amount neces- sary for the support anil maintenance of the schools under its charge for the school year commencing on the 1st day of July next thereafter; also the amount necessary to pay the interest accruing during such year, and not included in any prior estimate, on bonds issued by said board; also the amount of -inking -fund necessary to be collected during such year for the payment and redemption of said bonds; and -hall forth- with cause the same to be certified by thi president and clerk of said board to the officers charged with the assessment anil CHAP. LVI. PUBLIC SCHOOLS. 257 collection of taxi eneral count) purposes in the county in which the city is situated, and such officers, after having extended the valuation of property on the assessment rolls, y the State of Utah. Whenever such bonds are "ti the market at a fair and reasonable value, and the money in an) said -inking funds exceeds the amount of any bond or bonds for which said fund was created, then such fund shall be used to redeem -aid bond or bonds at the market value thereof, and the custodians of anj -aid sinking fund are hereby authorized t" buy such bond or bonds. 264 CHAP. LX. PROPERTY LIABLE TO TAXATION. CHAPTER LX. PROPERTY LIABLE TO TAXATION-. 2501. All property taxed, unless exempted. All prop- erty in this state, not exempt under the laws of the United States, or under the constitution of this state, shall be taxed in proportion to its vale, as hereinafter provided. 2503. Property exempt. The property of the United States, of the state, counties, cities, towns, school districts, and public libraries, and lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit shall be exempt from taxation. Ditches, canals, flumes, and pumping plants, owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned and used exclusively for such purposes. 2565. County and state assessments the only basis of taxation. The assessment made by the county assessor, and that of the state board of equalization, as apportioned by the board of county commissioners to each city, town, school, road, or other district in their respective counties. is the only basis of taxation for the county or any sub- division thereof, and for incorporated cities and towns. All taxes upon road, school, or other local districts, and all general city, city school, ami town taxes must be assessed in the same manner and by the same officer- as county taxes, and all such taxes, except the municipal taxes of cities of the third class and of town- -hall be collected in the same manner and by the same officers as county taxes. CHAT I XI. CITY AND TOWN TAX Ii.-. 26S CHAPTER LXI. CITY \XD TOWN T Wl'.S. 2684. Payments under protest. Action. In all cases oi lev) oi taxes, licenses, 01 other demands for public revenue which is deemed unlawful bj the party whose property is thus taxed, or from whom such tax or license is demanded • ■r enforced, such party may pay under protesl such tax it license, or any part thereof deemed unlawful, to the officers designated' and authorized by law to the . and thereupon the party so paying nr hi-* legal repre- sentative may bring an action in any court of competent jurisdiction against the officer to whom said tax or license paid, or against the county or municipality on whose behalf the same was collected, to recover said tax or license <>r any portion thereof paid under proti 2685. Id. Judgment for plaintiff. Repayment. In it be determined in Mich anion that said tax or license, or any portion thereof, so paid under protest was unlawfully ected, judgment for recovery thereof and lawful interesl thereon, together with costs of action, shall be entered in favor of the plaintiff, and upon being presented with a duly authenticated copy of such judgment, the proper officer or officer- of the count) or municipality whose officers col lei Or received such tax or license shall audit and allow such judgment, and cause a warrant to be drawn on the treasurer nt\ or municipality for the amount r< by said judgment in favor of th holder thereof; and when any such nl has been or may hereafter be iinsl a county, and any portion of the 1 included in the nl were state, state sch unty - which have been or mav state, s - anty le proper ■ upon demand by such reasorer of the - - _ ■ - such school, - there :r. _:;: .r. e rr. e t ; ";:;.". ~r:v;;e; s-tersedes others. The -h: - . i to be : - ises the court i 2zi" A- - : ■- - -. - - : : : rides 7 - . — = i e by ; t r h incor~ ral r town is and in each the valuation the cotur l~ii Assess"': statement. Czzy :: re hett :'_r- r_;.-.ei - June in each then - incorporated civ i each ci:; le clerk or president - of each U temenl -ho wing ion of a 2689. Rate, when fixed. Levy. Certification. i i ■ • - 2690. 1 taxes. r genei - ■ - - ■ l:'r. Z .:-■ !-;-.:• - : 2. :■: t ; : r. £ e t. e r = ". r : '.'. _. - l be extei - - - - i - - : j - . . - < - ttlement with cities - 268 CHAP. LXI. CITY AND TOWN TAXES. of each city and incorporated town in the county, on the 1st day of October in each year, and on the first day of each succeeding month until final settlement, all moneys in his hands collected for city or town taxes, and on or before the 1st of March in each year to make final settle- ment with the treasurer of each such city or town respecting the city and town taxes, and pay over all money then due the city or town. The county treasurer shall pay over to the treasurer of each city and town, as fast as collected or realized, their proportionate amount of delinquent taxes, interest, and costs on all tax sales and redemptions there- from. The city or town treasurer shall give said county treasurer duplicate receipts for each payment, and the county treasurer shall give one to the citv auditor, city recorder, or town clerk, as the case may be, and the other shall be an acquittance to such county treasurer in settling with the county auditor to the extent of the payment shown. 2694. Municipal taxes due and delinquent, when. Lien attaches. All general city or town taxes levied and assessed under the provisions of this chapter shall become due and delinquent, and shall attach to and become a lien on the real and personal property assessed, at the same time as slate and county taxes; and all the provisions of this title in aid of assessing and collecting state and county taxes are hereby made applicable to the assessment and collection ■ if such city and town taxes. 2696. Special taxes. In cities and towns, special taxes shall be levied and collected in the manner and form, and b) such officers as are or may hereafter be provided by law and the ordinances of such city or town. 2696x. Auditor to file statement. On the first Monday in December, 1903, and semi-annually thereafter, on the first Monday in June and December of each year, it shall be the duty of the county auditor of each county to prepare VP. LX1 CI IV AND TOWN TAXES. 269 a mil and complete itemized statement, verified under oath, of all warrants drawn by him since the date "i the lasl statement, for the salaries of the count} assessoi and his deputies ami assistants, and fur the salaries <>i the county treasurer ami his deputies ami assistants. Such statement shall set forth in detail the number of each warrant so drawn, the date of same, the name of the person in whose favor drawn, ami the nature of the service rendered. 2696x1. To apportion amount. The county auditor shall thereupon apportion the -aid total amount so ascertained ach taxing fund or district appearing <>n the tax rolls of tin- county, omitting special tax levies < the state and state school funds shall In- borne and paid by the state, the amounts so apportioned t" the county ami county school fund- -hall be borne and paid by the county, and the amounts so apportioned to cities of the firsl and and the schools of said cities of the first and ml class -hall he home and paid by -aid cities of the first and second cla>s. and the amounts so apportioned to - of the third class and incorporated town- shall be home anil paid b) -aid cities of the third class and in porated towns. 18 LXII. TOWNSITES. CHAPTER LXII. TO 2701. I>uty of mayor or district judge under a:' congress which an 3- - and and - a - ■ zyancc made by district judge or by mayor. i -.ppeals- Judgment. kP i Ml : '. 11 m.ivi'i is .1 i l.iim.ml in\ m sui h in the I to ed i"i publJ !ll.|\ ilu propel in thi ni\ 19 Application tie into ili' 272 CHAP. LX1II. WEIGHTS AND .MEASURES. CHAPTER LXIII. WEIGHTS AND MEASURES. 2730. Municipal powers not abridged. Nothing in this title shall be construed to curtail or in any manner abridge the powers of municipal corporations to make such regula- tions for the trying and proving of weights and measures, scales and beams, as are granted to such corporations by the laws of this state. \P 1 XIV. I.l> ITATIONS 273 CHAPTER LXIV. LIMIT. \TK )\S IX (iF.XRRAL. APPLIC MM F. TO CITIKS. 2855. Actions to be commenced within periods pre- scribed, ('nil action-- can be commenced only within the period- prescribed in the three succeeding chapters, after cause "t' action -hall have accrued, except where in special cases a different limitation i-> prescribed by statute. 2866x. Title to streets, etc. No person shall be al- lowed t" acquire any right or title in or to any lands held by any town or city or county or the corporate authority thereof, designated for public use. as streets, lanes, avenues, alleys, parks, and public squares, or for other purpose, by adverse possession thereof for any length of time whatso . uide-- n shall affirmatively appear that such town or city or county or the corporate authorities thereof, have or otherwise disposed of and conveyed such real esl purchas i valuable consideration, and that for more than seven years subsequent to such conveyance, the purchaser, his grantees or successors in interest have been in the exclusive, continuous and adverse possession of such real estate, in which case, an adverse title may be acquired. I Approved March 21st. I'M 1. 2877. Action for liability created by statute. One year. Trespass, waste fraud, etc. Three years. 1. An action for liability created by the statute of a foreign state or by the statute of this state other than a penalty or forfeiture under the laws of this state shall be tin with one vear. 274 CHAP. LXIV. LIMITATIONS. 2878. Action against officer or for death by negligence. Two years. Within two years: 1. An action against a marshal, sheriff, constable, or other officer upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution : but this section shall not apply to an action for an escape. 2879. Action for forfeiture, assault, etc. One year. Within one year : 1. An action upon a statute for a penalty or forfeiture where the action is given to an individual, or to an indivi- dual and the state, except when the statute imposing it prescribes a different limitation ; 2. An action upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to the state; 3. An action for false imprisonment : 4. An action against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned upon either civil or criminal process: 5. An action against a municipal corporation for dam- ages or injuries to property caused by a mob or riot. 2880. Action against officer for seizure or for taxes. Six months. Within six months, an action against an officer, or officers de facto : 2. For money paid to any such officer under protest, or seized by such officer in his official capacity, as a col- lector of taxes, and which, it is claimed, ought to be refunded. 2881. Action against county or city on rejected claim. One year. Actions on claims against a county, incorporated city or town, which have been rejected by the board of county commissioners, city council, or board of trustees, as the case may be. must be commenced within one year after CHAT. I. XIV. LIMITATIONS. 275 the first rejection thereof by such board, city council board of trustees. 2883. Actions for relief not provided for. Four years. An action for relief not hereinbefore provided for musl commenced within four years after the cause ol action shall have accrued. 2884. Limitations herein apply to state. The limita- tions prescribed in this chapter shall appl) to actions brought in the name of or for the benefit of the state in the same manner as to actions by private parties. 276 CHAP. LXV. MISCELLANEOUS. CHAPTER LXV. MISCELLANEOUS. 2948. Summons, how served. The summons must be served by delivering a copy thereof as follows: 1. If the defendant is an incorporated city, to the mayor or recorder; if an incorporated town, to the president or clerk of the board of trustees. 3113x. Salaries of public officers or employes subject to garnishment. The State of Utah, or any county, city. town, district, board of education, or other subdivision of the state, or any officer, board, or institution, or either of the same having in possession or under control any credits or other personal property of, or owing any debt to the defendant in any action, whether as salary or wages, as a public official or employe, or otherwise, shall be subject to attachment, garnishment, and execution under such rights, remedies, and procedure as are or mav be made applicable by statute to attachment, garnishment, and execution, re- spectively, in other cases, except as hereinafter provided. 3113x1. Id. Process, upon whom served. Answer con- clusive. The process shall be served only upon the auditor of the legal subdivision garnisheed. and in case there is no auditor, then on the clerk of the county, city. town, district, board of education, or other subdivision of the state, or board, or institution, or either of the same, and the answer of such auditor or clerk shall be final and conclusive, and the truth of such answer shall not be subject to further examination or proceedings of any kind. 3245. Property exempt from execution. The following property is exempt from execution, except as herein other- wise specially provided: CHAP LXV. MISCEl 1 WEOUS. All courthouses, jails, public offices and build schoolhouses, houses of public worship, lots, grounds, and mal property appertaining thereto; the fixtures, furni- ture, 1 ks, papers, and appurtenances belonging and per taining to the courthouse, jail, and public offices belonging to any county in this state, or for the use of school houses of public worship; and all cemeteries, public squares, park- and places, public buildings, town halls, public mar- ket-, buildings for the u-c « »£ fire departments and military. nizations, and the lots and grounds thereto belonging and appertaining, owned or held by am town <>r incor] ated city, "r dedicated by such town or city to health, 01 tnent. or public use, or for the use of any fire or militan company, now existing, or which may be under the laws of this state hereafter organized. 3372. Disobedience of order or referee, board, etc., reported to district judge. Attachment. Whenever autl ity is given t" any person, officer (other than a judicial officer), referee, board, or committee to compel the attendance of witnesses or the production of books or papers before such person, officei ee, board committee, and any person dul) subpoenaed t" ap| give evidence, or t6 produce any books or paper-, shall neglect or refuse to appear or to produce such book- pap'' -ding to the requirement of such subpoena -hall refu-e to testify, oi wer am question which said per-. .n. officer, referee, board, or committee shall di be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of the person, officer, referee, board. ommittee, as the case may be, to report the fact t . ■ the judge of the district court of the county, who shall thereupon an attachment in the form usual in the district court, directed to the sheriff of the county, commanding him t.. attach said person and forthwith bring him before th by whose order such attachment was issued. ■ Sec. 199. Power of Board of Commission! •■ 278 CHAP. LXV. MISCELLANEOUS. 3373. Id. Hearing before judge. Penalty. ( >n the re- turn of the attachment and the production of the body of the defendant, the said judge shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceeding shall be had, and the same penalty may be imposed, and the same punishment inflicted, as in the case of witness subpoenaed to appear and give evidence on the trial of a civil case before a district judge. 3375. Citizens may inspect and copy public writings. Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. 3376. Public officer to furnish copy on payment of fee. Every public officer having *he custody of a public writing which a citizen has the right to inspect is bound to give him, on demand, a certified couy of it, on payment of the legal fees therefor. 3387. Other official documents, how proved. Other official documents may be proved as follows: Acts of a municipal corporation of this state or of a board or department thereof, by a copy certified by the legal keeper thereof, or by a printed book published by the authority of such corporation; Documents of any other class in this state, by the original, or by a copy, certified by the legal keeper thereof. 3389. Entries in official records prima facie evidence. Entries in public or other official books or records, made in the performance of his duty by a public officer of this stale, or by any other person in the performance of a dutj specially enjoined by law, are prima facie evidence of the facts stated therein. CHAP. 1 XV. MISCE LLAN 3392. Form of certificate to copy. Whenever a > ")>\ : writing is certified for the purpi tificate musl state in substance that the copy copy of the original, or of a specifed part thereof, as the case may be. 3393. Such certificate to be under seal. Such certifi- cate must be under the official seal of the certifying officer, if there l>c any. or, if he l>c the clerk of a court having a seal, under the seal of such court. 3395. Id. By officer, or board of officers. An entry made by an officer, or board of officers, or under the di t i. «n and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry. 3397. Seal defined. \ seal is a particular sign, made to attest in the most formal manner, the execution of an instrument. 3398. Public and private seals defined. Foreign seal. A public seal in this state i> a stamp or impression made by a public officer with an instrument provided by law attest the execution of an official document, upon th PRl >DUCTI< >\ < >F WITNESSES 3417. Subpoena defined. May require production of books, etc. The process 1,\ which the attendance "i a wit- tier- is required is a subpoena. It is a writ or order directed a person and requiring hi- attendance at a particular and place to testify as a witness. It ma\ also require him ti> hritiL,' with hint any 1 k-. documenl ther things under his control which lie is hound by law duce in evid< i 280 CHAP. LXV. MISCELLANEOUS 3418. Id. To require attendance before court or of- ficer, etc. Contempt. The subpoena is issued as follows: 1. To require attendance before a court, or at the trial of an issue therein, it is issued in the name of the court before which the attendance is required, or in which the issue is [lending; 2. To require attendance out of the court, before a judge, justice, or other officer authorized to administer oaths or take testimony in any matter under the laws of this state, it is issued by the judge, justice, or any other officer before whom the attendance is required; 3. To require attendance before a commissioner ap- pointed to take testimony by a court of a foreign country or of the I'nited States, or of any other state or territory in the I'nited States, or of any other district or county within this state, or before any officer or officers empowered by the laws of the I'nited States to take testimony, it may be issued by any judge, or justice of the peace in places within their respective jurisdictions, with like power to enforce attendance: and. upon certificate of contumacy to said court, to punish contempt of such process, as such judge or justihe could exercise if the subpoena directed the attendance of the witness before his court in a matter pend- ing therein. 3419. Service of subpoena, by whom and how made. The service of a subpoena is made by showing the original and delivering a copy, < >r a ticket containing its substance, to the witness personally, or by leaving a copy with some suitable person at the place of his abode, giving or offer- ing to him at the same time, if demanded by him. the fees tn which he is entitled for travel to and from the place designated, and one day's attendance there. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Such service may be made by any person. CHAP. LXV. MISCELLANEOUS. J81 3494. Money may be deposited in lieu of undertaking. Withdrawal. In all cases where an undertaking or bond with sureties is required by the provisions of law, the pi or defendant maj deposit with the clerk ourl 01 justice of the peace, as the i a sum equal i" the amount required by the undertaking or bond, which shall Ik- taken as security in the place thereof. \i anj time such deposit may be withdrawn by the party making it. 1 1 1 1< >n giving the undertaking with sufficient sureties as required by law, approved by the clerk "r justice, upon notice to the adverse party or his attorney, who may ob to the sufficiencj of the sureties in the same maimer as though the undertaking were filed in the first instance. 3495. Undertaking not required of state or public cor- poration. In an\ civil action or proceeding wherein the i- a party plaintiff, or any state officer, in his official capacity, or on behalf of the state, or any county, or city, or other public corporation, is a party plaintiff or defend- ant, no bond, written undertaking, nor security can be quired of the state, or any officer thereof, or of an) comity, '.her public corporation; but on complying with the other provisions of this code, the State, or any State officer acting in his official capacity, or any county, or city. ither public ion, has tlie same rights, remedies, and benefits as if the bond, undertaking, ecurity given and approved a- required by thi^ o 3607. Rights of cities and towns not affected. Noth- ing this code must be construed to abi | repeal statute providing for the taking of property in any cit) tow n for streel purpi 282 CHAP. LXVI. PRELIMINARY PROVISIONS. PENAL CODE. CHAPTER LXVI. PRELIMINARY PROVISIONS. 4053. Sense in which certain words are used herein. Whenever the terms mentioned in this section are em ployed in the Penal Code, they are employed in the senses hereafter affixed to them, except where a different sense plainly appears : 1. The term "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omis- sion referred to. It does not require any intent to violate law, or to injure another, or to require any advantage. 2. The terms "neglect." "negligence," ''negligent," and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. 3. The term "corruptly" imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilt}- of the act or omission referred to, or to some other person. 4. The terms "malice" and "maliciously" import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act. established either by proof or bv pre- sumption of law. 5. The term "knowingly" imports onlv a knowledge that the facts exist which bring the act or omission within the provisions of the code. It does not require any knowl- edge of the unlawfulness of such act or omission. 6. The term "bribe" signifies any money, goods, right in action, property, thing of value, or advantage, present CHAP. I XVI. PRELIMINAR\ PR< iVl or prospective, or an) promise or undertaking to l; i \ «.- any, asked, given, or accepted, with a corrupt intent to influi unlawfully the p< whom it is given in his action, -. or opinion in anj public or official capacity. 7. When the term "person" is used in this cod< designate the party whose property may be th< cl oi .my offense, it includes this state, and any state, govern- ment, or countn which may lawfully own any property within this state, and all public and private corporations inl associations, as well as individuals. 4058. Penalty determined and imposed by the court. The several sections of this code which declare certain crimes to be punishable as therein mentioned devolv duty upon the court authorized to pass sentence, to deter- and impose the punishment prescribed. 4059. Penalty between limits determined by the court. \\hene\er in thi> cch' the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must he determined by the court authorized to pass sentence, within such 1' may he prescribed 1>\ this code. 4061. Crime defined. A crime or public offense is an committed or omitted in violation of a law Forbidding or commanding it. and to which i~ annexed, upon convic- the follow ing punishmen 1. Death: 2. 1 mpri^i inment ; 3 Fine; 4. l\emo\ a! fri in! . iffii 5. Disqualification to hold and enjoy anj offio r, trust, or profit in this 4062. Crimes, how divided. I Yin livided " 1. Felonii 2. Misdemean 284 CHAP. LXVI. PRELIMINARY PROVISIONS 4063. Felony defined. Misdemeanor defined. A felony is a crime which is or may be punishable with death, or by imprisonment in the state prison. Every other crime is a misdemeanor. 4066. Felonious misconduct in office. Forfeiture. Dis- qualification. The conviction of any state, county, city, town, or precinct officer of a felony involving misconduct in office involves as a consequence, in addition to the pun- ishment prescribed by law. a forfeiture of his office, and disqualifies him ever afterward from holding any public office in this state. 4068. Union of act and intent to constitute crime. In every crime or public offense, there must exist a union or loint operation of act and intent, or criminal negligence. 4069. Intent, how manifested. Who are of sound mind. The intent or intention is manifested by the cir- cumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots, nor lunatics, nor affected with insanity. 4070. Drunkenness no excuse for crime- Mitigation. Xo act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence i any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act. I II W'. I. XVII. PERSONS LIABLE TO PUNISHM] CHAPTER LXVII. PERS< »NS LIABLE Tl I PUNISHMENT. 4071. All persons capable of committing crime, except following. All persons are capable of committing crimes except tin >se belonging to the following classes: 1. Children under the age of seven y< 2. Children between the ages of seven years and four teen years, in the absence of clear proof thai at the time of committing the act charged againsl them they knew its u r< mgfulness . 3. fdiots; 4. Lunatics and insane persons; 5. Persons who committed the acl or made the omis sion charged under an ignorance or mistake ict, which disproves any criminal intent; 6. Persons who committed the acl charged without being conscious then 7. Persons who committed the acl or made the omis- sion charged, through misfortune or by accident, when it appears that there was no evil design, intention, or culp negligence; Married women, unless the crime be punishable with death, acting under the threats, command of their husband-; 9. Persons, unless the crime be punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that the) had able cause to believe, and did believe, their lives would be endangered if they refused. 4072. Persons liable to punishment. The following per- sons are liable to punishment under the laws of this state: 19 286 CHAP. LXVII. PERSONS LIABLE TO PUNISHMENT 1. All who commit, in whole or in part, any crime within this state; 2. All who commit larceny or robbery out of this state, and bring or arc found with the property stolen within this state ; 3. All who, being out of this state, cause or aid, ad- vise or encourage, another person to commit a crime within this state, and are afterward found therein. - I II \I' LXVIII. P \KI IES in CRIME 287 CHAPTER LXVIII. PARTIES TO CRIME. 4073. Classified as principals and accessories. Parties to crimes are classified a> 1. Principals; and 2. Accessories. 4074. Id. Principals defined. All persons concerned in the commission of a crime, whether it be felony or mis- demeanor, and whether they directly commit the act con- stituting the offense, or aid and abel in its commission, not being present, have advised and encouraged its mission, and all persons counseling, advising, or en ing children under the age of Fourteen years, lunatics, or idiots t.i commil any crime, and all prisons who by fraud. contrivance, or force occasion the drunkenness of another for the purpose of causing him to commit any crime, who by threats, menaces, command, or coercion compel another to commit any crime, are principals in any crime ommitted. 4075. Id. Accessories defined. Ml persons who. aft. i full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged therewith or convicted thereof, are ries JSSCHAP. LXIX. CRIMES AGAINST EXECUTIVE POWER. CHAPTER LXIX. CRIMES AGAINST THE EXECUTIVE POWER. 4077. Exercising public office without having qualified. Every person who exercises any of the functions of a public office without having taken and filed the oath of office. < >r without having executed and filed the required bond, is guilty of a misdemeanor. 4078. Qualification of preceding section. The next precding section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are inter- ested in maintaining the validity of such acts. 4079. Giving or offering bribe to executive officer. Every person who gives or offers any bribe to any execu- tive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceed- ing as such officer, is guilty of a felony. 4080. Executive officer asking or receiving bribe. Every executive officer, or person elected or appointed to an executive office, who seeks, receives or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of felony. 4081. Interfering with or resisting officer. Every per- son who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly i M' I. XIX CRIMES AGAINST EXECUTIVE POWER 289 resists, by the use oi force or violence, such officer in the erformance of his duty, is punishable by fine m ling 00 and imprisonment in the county jail nol exceeding one year. 4082. Officer asking or receiving gratuity. Ever utive or ministerial officer who asks or receives am emolu- ment, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act. lilty of a misdemeanor. 4083. Presentation of unlawful claim. Every person who. with intent to defraud, presents for allowance or for payment to any state board or officer or to any county, city, n, or district board or officer, authorized to allow or pay the same, if genuine, any false or fraudulent claim, bill, account, voucher, or writing i^ guilty of felony. 4084. Buying appointment to office. Every person who offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. 4085. Selling appointment to office. Every public of- ficer who. for any gratuity or reward, appoints another person to a public office, or presents another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding $1,000. 4086. Wrongful exercise of functions of public office. Every person who wilfully and knowingly intrudes hi- into any public office to which he has not been elected or appointed, and eve- n who, having been an ex< tive officer, wilfully exercises any of the fund his his term has expire. 1 and a 290 CHAP. LXIX. CRIMES AGAINST EXECUTIVE POWER. elected or appointed, and has qualified, is guilty of a mis- demeanor. 4087. Officer withholding records, etc., from successor. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor or other person entitled thereto the official seal or any records, papers, documents, or other writing appertaining or belonging to his office, or mutilates, destroys, or takes away the same, is guilty of a felony. 4088. Officer withholding books, etc., from successor. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or selected, or after he has resigned or been legally removed from office, who wilfully or unlawfully withholds or detains from his successor or other person entitled thereto any volume of the laws, or of supreme court reports, or of othet like books belonging to the office, shall be deemed guilty of a misdemeanor. 4097. Corruptly soliciting official action of public officer. Every person who corruptly solicits, directly or indirectly, the official action of any member of the legislature or of any public officer of the state, or of any municipal division thereof, is guilty of a felony. 4102. Lobbying for hire. Every person wdio obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim, or representation that he can or will improperly influence in any manner the action oi any member of any legislative body in regard to any vote or legislative matter, is guilty of a felony. I HAP. I. XX. COKKI l'l H >N i '1 Ol I- i J91 CHAPTER LXX. ( I IRRTJPTN >\ ( IF JUDIC1 \l. W ER OF] 4104. Giving bribes to judicial officers, etc. Every person who gives or offers to give a briK- to, "r who attempts corruptl) to influence, anj judicial officer, juror, referee, arbitrator, umpire, appraiser, or an) person who may be authorized by law to hear and determine any ques- tion "i controversy, with intent to influence his opinion, or decision upon any matter or question which is nr may be brought before him foi decision, is guilt) of a ny. 4105. Judicial officer, etc., receiving bribe. I i\ judicial officer, juror, referee, arbitrator, umpire, appra ther person authorized 1>\ law to hear or determine any question or controversy, who asks or receives, or agrees to receive, an) bribe, upon an) agreement or understanding that In- pinion, or decision upon any matt tion which is or may 1" brought before him for deci ■diall be influenced thereby, is sruiltv of a felony. 4111. Officer convicted to forfeit office. Ever) officer convicted of any crime defined in this chapter, in addition i" the punishment prescribed, forfeits his 292 CHAP. LXXI. RESCUES. ESCAPES. CHAPTER LXXI. RESCUES. ESCAPES. 4112. Rescuing prisoners. Every person who rescues, or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison or jail, or from any officer or person having him in lawful custody, is punishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with death, by imprisonment in the state prison not less than one nor more than five years ; 2. If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the state prison not less than six months nor more than one year; 3. If such prisoner was in custody upon a charge of felony, by fine not exceeding $500, or by imprisonment in the county jail not exceeding one year, or by both : 4. If such prisoner was in custody otherwise than upon a charge or conviction of felony, by fine in any sum less than $3000, or by imprisonment in the county jail not exceed- ing six months, or by both. 4113. Taking or destroying goods in possession of officer. Every person who wilfully injures or destroys, or takes or attempts, or assists any person in taking or attempt- ing to take, from the custody take .animation, is guilty of a misdemeanor. 4140. Making arrest, etc.. without lawful authority. Every public officer, or person pretending to be public officer, who. under the pretense or color of any pn other legal authority, arrests any person "r detains him against his will, or seizes or levies upon any property, or ossesses any one of any lands or tenement-, without a tlar proci ither lawful authority therei uilty of a misdemeanor. 4141. Inhumanity to prisoner. Every officer guilty of wilful inhumanity or oppression toward anj ■ under hi or in his custody is punishable by fine ti"t by imprisonment in the county jail nol ear. 4142. Resisting or obstructing officer. Even who wilful!) ny publii in the discharge "r attempt iny dut) 296 CHAP. LXXIII. OTHER OFFENSES. d no other punishment is prescribed, is punishable by fine not exceeding S1,000, or by imprisonment in the county jail not exceeding one year, or by both. 4143. Assaults by officer under color of authority. Every public officer who, under color of authority, without lawful nece— -aults or beats any person, is punishable by fine not exceeding $1,000, or by imprisonment in the county jail not exceeding one vear. 4144. Refusing to aid officer in arrest, etc. Every male person over eighteen years of age who neglects or refuses to join the possee comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who. after being arrested or confined, mav have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, con- stable, judge, or justice of the peace, or other officer con- cerned in the administration of justice, is punishable by a fine of not exceeding S100. 4145. Compounding or concealing crimes, etc- Every person who. having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement or promise thereof, upon any agreement or understanding to compound or conceal such crime, or to abstain from anv prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law in which crimes may be compromised by leave of court, is punishable as follows: 1. By imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, CHAP I XXIII ( ITHER OFFEN 297 where the crime was punishable nprisonment in the state prison for lii 2. By imprisonment in the state prison n ding three years, or in the county jail not exceeding nths, where the crime was punishable by imprisonment in the state prison for any oilier term than for life; 3. By imprisonment in the county jail not exceeding six months, or by fine not exceeding $100, where the crime w as a misdemeanor. 4153. Omission of duty by public officer. Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employ- ment, where no special provision shall have Keen made for the punishment of such delinquency, is punishable as ■* misdemeanor. 298 CHAP. LXXIV. FALSE IMPRISONMENT. CHAPTER LXXIV. FALSE IMPRISONMENT. 4188. False imprisonment defined. False imprisonment is the unlawful violation of the personal liberty of another. 4189. Id. Penalty. False imprisonment is punishable by fine not exceeding $3,000, or by imprisonment in the county jail not more than one year, or bv both. ' CHAP. l.X.W CRIMES \>. UN >D Ml >RALS CHAPTER LXXV. ( RIMES KG VINST G< » >D M( >P \l 4233. Barbarous and noisy amusements on Sunday. on who mi Sunday gets up, exhibits, opens, or maintains, or aids in getting up, exhibiting, opening, 01 maintaining any bull, bear, cock, or prize fight, horse 1 cirrus, gambling house, or saloon, or any barbarous and noisy amusement; or who keeps, conducts, or exhibits any theater, melodeon, dance cellar, or other place of musical. theatrical, or operatic performance, spectacle, or representa lion, where any wine-, liquors, or intoxicating drinks bought, sold, used, drank, or given away; or who purcha any ticket of admission, <>r directly or indirectly pays any admission fee to >>r for the purpose of witn< attend any such place, amusement, spectacle, performance representation, is guilty of a misdemeanor. 4234. Keeping open place of business on Sunday. Every person who keeps open on Sunday any "rk- shop. har. saloon, banking house, or other place of busini i'>r the purpose of transacting business therein, is punisha by fine it • t less than $5 nor more than SI 1 4235. Id. Hotels, boarding houses, baths, etc.. excepted. provisions of the preceding section do not appl) vho, on Sunday, keep open hotels, boarding hou bath; taverns, livery stables, or retail druy ■r the legitimate business of each, or such manufac turiti^ establishments as are usually kept in continuous -ation. 4236. Disturbing religious meetings. I who wilfully disturbs or disquiets an; 300 CHAP. LXXV. CRIMES AGAINST GOOD MORALS. for religious worship, by noise, profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor. 4237. Selling liquors at theaters, etc. Every person who sells or furnishes any malt, vinous, or spirituous liquors to any person in the auditorium or lobbies of any theater, melodeon, museum, circus, or caravan, or place where any farce, comedy, tragedy, ballet, opera, or play is being per- formed, or any exhibition of dancing, juggling, wax-work figures, and the like is being given for public amusement, and every person who employs or procures or causes to be employed or procured, any person to sell or furnish any malt, vinous, or spirituous liquors at such place, is guilty of a misdemeanor. 4238. Performing unnecessary labor or business on Sun- day. Every person who performs any unnecessary labor or does any unnecessary business on Sunday is guilty of a misdemeanor, and shall be fined in any sum not exceed- ing $25. 4239. Id. Exception. Labor performed by employes of such works as are usually kept in constant operation, and in irrigating, is not included in the foregoing section. 4240. When Sunday begins and ends. For the purposes of this title, Sunday shall commence at midnight Saturday and terminate the following midnight. 4243. Procuring females to play musical instruments at saloons, etc. Every person who causes, procures, or employs any female to play for hire, drink, or gain upon any musical instrument in any drinking saloon, dance room, or dance cellar, public garden, or any public highway, common, or CHAP, l XXV. CRIMES VGAINST GOOD MORALS 301 street, or "ii a vessel, steamboat, or railroad car, or in any lewd house, or disorderly place whatsoever, where twi more persons are assemb punishable by fine in any sum less than $300, or by imprisonment in the nty jail not exceeding three months, or by both; and any female so playing upon any musical instrument whatsoever is punishable by fine not exceeding .SI'*', or by imprisonment in the county jail nol exceeding one month, or by both. 4244. Procuring females to dance at saloons, etc. Every person who causes or procures or employs any female lance, promenade, or otherwise exhibit herself for hire. drink, or gain in any drinking saloon, dance cellar, or dance room, public garden, public highway, or in any plao er, theatres excepted, where two or more persons are together, is punishable by a fine in any sum less than $300, or by imprisonment in the county jail not exo in^ three months, or in both; and every female so dam promenading, or exhibiting herself is punishable by fine not exceeding $100, or by imprisonment in ceding one month, or by both. 4247. Indecent exposure, exhibiting writings, etc. I wilfully and lewdly, either: 1. his person or the private par' i' in any public place or in any place where there are pri other persons to be offended or annoyed thereb _'. mnsels, himself, or to take part in any model artist exhibition, ■ >r to make any other exhibi public \ any numbei ncy, or i- adap thoughts 3. W ri i nits, publish in in writi' ire. print, design, fi devii 20 3(12 CHAP. LXXV. CRIMES AGAINST GOOD MORALS. wise prepares any obscene or indecent picture or print or moulds, cuts, casts, otherwise obscene or indecent figure : or. 4. Writes, composes, or publishes any notice or adver- tisement of any such writing, paper, book, picture, print, or figure; or any notice or advertisement of any article, pre- scription, or preparation for producing or facilitating a mis- carriage; or, 5. Sings any lewd or obscene song, ballad, or other words in any public place, or in any place where there are persons present to be annoyed thereby, is guilty of a misdemeanor. 4248. Seizure of indecent books, pictures, etc. Every person who is authorized or enjoined to arrest any person for a violation of Sub. 3 of the next preceding section is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print, or figure found in possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken. 4249. Id. Summary destruction of. The magistrate to whom anv obscene or indecent writing, paper, book, picture, print, or figure is delivered, pursuant to the following section, must, upon the examination of the accused, or, if the exam- ination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the prose- cuting attorney of the county in which the accused is liable to complaint or trial, and must at once destroy all the other copies. 4250. Id. Destruction of books, etc., remaining after trial. 1'pon the final conviction of the accused, such attorney must cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted, and which I CHAP. I XXV CRIMES AGAINST GOOD MORALS. 303 remains in the possession or under the control of such atl ney, to be destroyed. 4251. Keeping, residing in, resorting to, owning or having control of house of ill-fame. 1 1 shall be unlawful for any person within the luuiis of the State of Utah: a. I'" keep a house of ill-fame resorted to for the pur- of prostitution or lewdness; or to wilfully reside in such housi to resort thereto for lewdness; or, b. To be the owner of any building or tenement, the whole or any part of which is used foi any of the purposes mentioned in the first subdivision of this section. c. Or to have control of such building or tenement as agent, guardian or lessee of such owner; after written m uch owner, agent, guardian or lessee that such building or tenement is l>em for the purposes mentioned in subdivision a; d. To let any building or tenement, knowing that the lessee intends using the same, or any part thereof, for any of the purposes mentioned in the first subdivision of this section; or to harbor or keep about his or her premises any person known to be guilty of following a lewd course of life. Sec. 2. Penalty. \ny person violating any of the pro- ns of this Act shall be punished by a term of impri ment in the county jail which shall not be less than three months nor more than one year. \ny corporation violating any of the provisions of this chapter shall be punished by a fine which shall not be less than $1,000 nor more than $10.0 304 CHAP. LXXVI. GAMING. CHAPTER LXXVI. GAMING. 4261. Gaming defined. Seizure and destruction of de- vices, etc. Every person who deals, or carries on, opens or causes to be opened, or who conducts, either as owner or employe, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, or any game played with cards, dice, or any other device, for money, checks, credit, or any other representative of value shall be deemed guilty of a felony, and it shall be the duty of all sheriffs, constables, police and other peace officers whenever it shall come to the knowledge of such officer that any person has in his possession any cards, tables, checks, balls, wheels, slot machines or gambling devices of any nature or kind whatsoever used or kept for the purpose of playing for money or for token redeemable in money at any of the games men- 'ioned in this Act, or that any cards, tables, checks, balls, wheels, slot machines or gambling devices used or kept for the purposes aforesaid may be found in any place, to seize and take such cards, tables, checks, balls, wheels, slot machines or other gambling devices, and convey the same before a magistrate of the county in which said devices shall be found ; and it shall be the duty of such judge to inquire of such witnesses as he shall summon or as may appear before him in that behalf, touching the nature of such gambling devices, and if such judge shall determine that the same are used or kept for the purpose of being used at any game or games of chance described in this Act, it shall be his duty to destroy the same. 4261x. Offenses defined. Any person who engages in pool selling, or book making, with or without writing, at any CHAP. LXXVI. GAMING. 305 time or place; or an) person who keeps or occupies any room, shed, tenement, tent, booth, or building, floal or v< any part thei who occupies any place or stand of any kiml upon any public or private grounds within tins Si with boo >ers, apparatu iraphernalia, For the pur- pose of recording, reporting or registering bets or wagers, or selling pools; and any person who records, reports or ts, or wagers, or sells pools, or makes books, witl without writing, upon the result of trial or contest of skill, sp or power of endurance of man or beasl : or upon the i chance, casualty, unknown or contingenl event whatsoever, or any person who receives, registers, reports or records or forwards or purports or pretends to receive, register, rep forward, in any manner whatsoever, any money, thing or sideration of value, bel or wagered, or offered for the purp of being bet or wagered, In or for any other person, or - pon such result or pretend person who being the owner, lessee or occupant of any room, shed, ■, tent, booth or building, floal -sel or any thereof, or of any grounds within this State, knowingly mits the same to be used or occupied fi ir any of these purp therein keeps, exhibits or employs any device or apparatus for the purpose of recording, reporting, registering, transmit- . communicating or transferring such bets or w the selling of such pools, or becomes the custodian holder or depositary r reward of any money, ■ value, staked, wagered or p be wagered or pledged on any such result : or am who or ,al>ets in any manner in any of the said which are hereby forbidden, is guilty of a felon v. and upon conviction, is punishable by imprisonment in rison or by a fine in any by both .such fine and impri ment. 4262. Permitting gaming in house. Even I in the pre- 306 CHAP. LXXVI. GAMING. ceding section to be played, conducted or dealt in an) house owned or rented by such person, in whole or in part, and any person who plays at or against any of said prohibited games is guilt)' of a misdemeanor. Approved March 20th. 1911. 4263. Winning fraudulently punishable as larceny. Every person who, by any practice, cheat, or device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wagers played for, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money or valuable thing, must be punished as in case of larceny of property of like value. 4264. Refusal to attend as witness a misdemeanor. Every person duly summoned as a witness for the prosecu- tion, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor. 4265. Witness not privileged from answering. No per- son otherwise competent as a witness is disqualified from testifying as such concerning the offense of gaming on the ground that such testimony may incriminate himself: but no prosecution can afterwards be had against him for any offense concerning which he is compelled to testify. 4266. Officers must prosecute. Penalty. Every prose- cuting attorney, sheriff, constable, or police officer must inform and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting -i- to do is gfuilty of a misdemeanor. I' I XXVII PUB] [C M! \I/I II AND SAFE - CHAPTER LXXVII. PUBLK HEALTH \ \ I > SAFE V\ PUBLIC NUISANCES 4274. Befouling waters. \n\ person who shall either: Is Construct or maintain any corral, sheep pen, stahle, pen, chicken-coop, or other offensive yard or outhouse, where the waste or drainage therefrom shall flow din into the water of any stream, well, or spring of water used for domestic put i >r. 2. Deposit, pile, unload, or leave anj manure offensive rubbish, or the carcass of an) 'lead animal, where the waste or drainage therefrom will flow directly into the waters of anj stream, well, or spring of water used for di imestic purpi ises ; i >r, 3. Dip or wash sheep in any stream, or construct. maintain, or use any pool or dipping vat for dipping or washing sheep in such close proximity to anj stream i by the inhabitants of an) city, town, or village for domestic purposes a- to make the water- thereof impure or unwh le : or, 4. Construct or maintain any corral, yard, or val tu In- used for the purpose of shearing or dipping sheep within twelve miles of any city, town, or village, where the r< ■ >r filth from said corral or yard would naturally find way into anj stream of water used by the inhabitant' any city, village, or town for domestic purpose-: or. 5. Establish and maintain anj corral, camp, or bedding place for the purpose of herding, holding, or keeping anj eattle, horses, sheep, or h..uj- within seven miles "i anj i . or village, where the refuse or filth from irral. camp, or bedding place will naturally find its way intn anj m of water used !>\ the inhabitants nf am citv, 308 CHAP. LXXVII. PUBLIC HEALTH AND SAFETY. village for domestic purposes, shall be guilty of a mis- demeanor. 4275. Id. Public nuisance defined. A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing any act, or omitting to perform any duty, which act or omission either: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons : or 2. Offends public decency ; or 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any lake, stream, canal, basin, or any public park, square, street, or highway: or 4. In any way renders three or more persons insecure in life or the use of property. 4276. Id. Unequal effects not material. An act which affects three or more persons in either of the ways specified in the next preceding section is not less a nuisance because the extent of the annoyance or damage inflicted on individ- uals is unequal. 4277. Maintaining nuisance or failing to perform duty. Every person who maintains or commits an}' public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. 4278. Maintaining pesthouse, etc., at or near city or town. Every person who establishes or keeps, or causes to be established or kept, within the limits of any city, town, or village, any pesthouse, hospital, or place for persons affected with smallpox, is guilty of a misdemeanor. 4279. Placing dead animals in street or stream. Burn- ing carcass. Every person who puts the carcass of any dead CHAP. LXXVII. PUBLIC HEALTH AND SAFETY animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire, within one fourth of a mile of any city, town, or village, is guilty of a misdemeanor. 4279x1. Unlawful use with intent to destroy, etc. Penalty. Destruction of property. Penalty. Every person who shall place gunpowder, or any other explosive sub- stance in. upon, under against, or near to any building, ear. >r structure with intent to destroy, throw down ■ •r injure the whole or any part thereof, under such circum- stances that if the intent should be accomplished human life or safety would therebj be endangered, although no dama ctually done, shall be guilty my. >n who shall unlawfully and maliciously, by explosion of gunpowder i r explosive substance, destroy, throw down or injure the whole or any part of an) building, ear. vessel, or other structure, shall be guilty and be punished as f< ill< iws : 1. If the li 1 i human being is endangered, by imprisonment in th( prison for not more than ears. 2. In i ther case, by imprisonment in the state prison for not more than ten years. Approved March 9th. 1911. 4280. Keeping explosives in city, etc who makes or keeps gunpowder, nitro-glycerine, or other highly explosive substance within any city, town, or vill ho carries the same through the streets thereof, in any quantity or manner such as is prohibited by law or by any nance of such city or town, is guilty of a misdemeanor. 4280x. Delivering dangerous explosives unmarked for storage or transportation. Penalty. Every 310 CHAP. LXXVII. PUBLIC HEALTH AND SAFETY. knowingly leaves with or delivers to another, or to any express or railway company, or other common carrier, or to any warehouse or storehouse any package containing nitro-glycerine, dynamite, guncotton, gunpowder, or other highly explosive compound, or any benzine, gasoline, phos- phorous, or other highly inflammable substance, or any vitriol, sulphuric, nitric, carbolic, muriatic, or other danger- ous acid, chemical, or compound, to be handled, stored, shipped or transported, without plainly marking and indi- cating on such package the name and nature of the contents thereof, is guilty of a misdemeanor, and punishable by a fine not exceeding $300, or by imprisonment in the county jail not exceeding six months. 4280x1. Powder-house, etc., near residence or road. \'o powder-house, magazine, or building in which powder, dyna- mite, or other explosive is kept in quantities exceeding 500 pounds shall hereafter be built or constructed or used within a distance of 300 feet of any residence or traveled county road in this state; provided, that the foregoing provisions shall not apply to any magazine maintained at any mine or stone quarry. 4280x2. Id. Violation a misdemeanor. Any person vio- lating any of the provisions of § 4280x1 shall be deemed guilty of a misdemeanbr. 4280x3. Explosives to be marked with maker's name, date, and percentage. It shall be unlawful, after the 1st day of January, A. 1). 10(14, for any person or persons, partnership, or corporation to sell or offer for sale, or take or solicit orders of sale, or purchase or use. or have on hand or in store for the purpose of sale or use in this state any ^iant, hercules, atlas, venture, or any other high explosive containing nitro-glycerine, unless on each and every box or package and wrapper containing any such giant, hercules, atlas or venture, or an} other high explosive VP I XXVII. PUB] [( I AND SAFE! \ 311 containing nitro-glycerine, there shall be plainly ■ : .>r printed the name and place of business of the persoi nership or corporation bj whom or which the same was manufactured, and the exacl and true date of its manufacture, and the percentage of nitro-glycerine or other high explosive contained therein. 4280x4. Explosives of different dates kept separate. Boxes, etc. Restrictions. It shall be unlawful for an) per- son or persons, partnership, 01 corporation to have two or more different dates in an) such box or package contaii giant, hercules, atlas, or venture, or any other high explo containing nitro-glycerine. It shall further be unlawful to use any box, package, or wrapper formerly used by an) other person or persons, partnership, '>r corporation in the packing of Mich giant, hercules, atlas, venture, or other high plosive containing nitro-glycerine, and the name and date on such 1">.\ or package shall be the same as on the wrapper containing such giant, hercules, atlas, venture, or explosive containing nitro-glycerine. 4280x5 Id. Violation a felony, [f an\ person or per- sons, partnership, or corporations shall violate an) of the provisions of §§ 4280x3, 4280x4, such person or persons, the members of such partnership, or the officer or agents ol such corporations shall be deemed guilt) of a felony, and <>n conviction thereof shall be punished l>\ a fine of not more than $5,000, or imprisonment not to exceed t\\" years, or by both such fine and imprisonment. I'< lY PIST< iLS 4281. Selling or giving away toy pistols. \u\ om ing or giving a toy pistol to any person in this st uilty of a misdemeanor. 312 CHAP. LXXVII. PUBLIC HEALTH AND SAFETY. MISLABELING OR SUBSTITUTING DRUGS. 4282. Omitting to label or mislabeling drugs. Pre- scriptions. Every apothecary, druggist or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, wilfully, negli- gently, or ignorantly omits to label the same, or puts an untrue label, stamp or other designation of contents, upon any box, bottle or other package containing any drug or medicines, or substitute a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor, or, if death ensues, is guilty of a felony. ADULTERATION OF OILS, ETC. 4290x. Standard of oils to be maintained. Penalty. It shall be unlawful for any person, firm, or corporation to mix, adulterate, sell, or offer for sale any oils used for illuminating purposes, with benzine, naphtha, gasoline, or anv other substance, and all oils or fluids manufactured from petroleum or its products, to be used for illuminating purposes, which will not stand a fire test of 110 degrees Fahrenheit, before they shall flash or emit any inflammable vapor : provided, that in making such test the oil shall not be heated faster than two degrees per minute, in open Tagliabue cup. Any person, firm, or corporation found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor. CHAP I XXVII. PUBLIC HEALTH AND SAFETY NEGLIGENCE, ETC., OF RAM. ROAD EMPLi >'- 4291. Omitting to ring locomotive bell or sound whistle. Every person in charge of a locomotive engine, who, before crossing an\ traveled street, road, or highway, omits ause a bell to ring or steam whistle to sound at the distance of at least eighty rods from the crossing and u| h, is guilty of a misdemeanor. 4292. Intoxication of engineers, conductors, operators, etc. Every person who is intoxicated while in charge of a locomotive engine, or while acting as conductor or driver upon any railroad train or car, or as motorman or as con- ductor of any street car, whether propelled by steam or tricity, or drawn by horses or otherwise, or while acting •.mi dispatcher or as telegraph operator, and receiving transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor. 4293. Placing freight car in rear of train. Ever) son who, in making up or running railroad trains, pi; or runs, or causes to be placed or run, any freight car in the rear of passenger cars is guilty of a misdemeanor, and. if loss of life or limb results from such placing or running, : felony. The term "freight car." ) in this section, does not include a bi . or mail 4294. Violation of duty by railroad employe. engineer, conductor, brakeman, switchtender, or other officer, agenl ervant of any railroad company who is guilty of any wilful violation or omis his duty as such officer, . want, wherein- human life red, the punishment of which is not otl scril" nor. 314 CHAP. LXXVII. PUBLIC HEALTH AND SAFETY. EXPOSING PUBLIC TO CONTAGION. 4295. Exposing public to contagion. Every person who wilfully exposes himself or another afflicted with any con- tagious or infectious disease in any public place or thorough- fare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor. RACING ON HIGHWAYS. ETC. 4296. Fast riding or driving on highways, etc. Every person operating, running, managing, controlling, or driving any vehicle, conveyance, or car over or upon any public road, street, public square, or school ground, who wilfully causes or permits such vehicle, conveyance, or car to run at a speed sufficient to endanger human life or bodily safety. or to cause the destruction of property, or causes or permit- such vehicle, conveyance, or car to run at a dangerous speed in attempting to pass another vehicle, conveyance, or car. or to prevent such other vehicle, conveyance, or car from pass- ing his own ; and any person who rides or drives any animal or animals over or upon any public road, street, highway, public square, or school ground at a speed sufficient to endanger human life or bodily safety, or to cause the destruction of property, shall be deemed guilty of a mis- demeanor. DEATH BY VICIOUS ANIMAL, 4297. Mischievous animal causing death. Owner's lia- bility. If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinarv care, and such animals, while si > at large, or while not kept with ordinary care, kills any human being who has taken all the precaution which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, such owner is guilty of a felonv. ( HAP. i XX\ M PUB] [( ill \l.i ll AND S\i I I \ 315 Dl ll >RS I >l PUBLIC BUILDINGS. 4299x. Doors to swing oulward. All public build now in process of construction, or hereafter to be l>uih or constructed, which may or shall be used for churches, schi houses, operas, theatres, lecture rooms, public meetii town halls, or which may be or shall be used for anj purpose whereby a collection of people may be assembled ther for religious worship, amusement, instruction, other purpose, shall be so built ami constructed thai all doors leading From the mam hall, or place when ection of people may be assembled, or from the principal room, which may be used for any of the purposes aforesaid, shall be Si' swung upon their hinges and constructed that the} shall open outward, and thai all means of egress for the public from the main hall or principal room and from the buildings, shall be l>> mean'- of doors which shall open outward from the main hall or building. 4299x1. Id. Doors to be changed. All public buildings now built and used for any purposes mentioned in § 42 shall, within one year from the lsl day of July. \. D. 1 be so changed that their doors and mean- of egress shall be in conformity with the provisions of § 4299x. ,U6 CHAP. LXXVIII. CRIMES AGAINST PUBLIC PEACE. CHAPTER LXXVIII. CRIMES AGAINST PUBLIC PEACE. 4300. Disturbing meetings. Every person who, without authority of law, wilfully disturbs or breaks up any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor. 4301. Riot defined. Any use of force or violence, dis- turbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together and without authority of law, is a riot. 4302. Id. Penalty. Every person who participates in any riot is punishable by imprisonment in the state prison not exceeding two years, or by fine not exceeding $1,(300, or by both. 4303. Rout defined. Whenever two or mure persons, assembled and acting together, make any attempt or advance towards the commission of an act which would be a riot if actually committed, such assembly is a rout. 4304. Unlawful assembly defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a law- ful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. 4305. Penalty for rout or unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. U\ LXXVIII. CRIMES AGAINST PUBLIC PEACE 317 4306. Remaining at riot after warning to disperse. Every person remaining present al the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons as ing them in attempting to disperse the same, is guilty misdemeanor. 4307. Officers neglecting to suppress riotous assembly. If a magistrate or officer, having notice of an unlawful or riotous assembly mentioned in this chapter, neglects to pro- ceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. 4308. Prize fighting. Ever} p who engages in, instigates, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention, without <1< weapons, either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the ding two \ ears. 4309. Id. Witnessing. Everj person wilfully pr< as a -pectator at any fighl or contention mentioned in the next preceding section is guilty of a misdemeanor. 4310. Disturbing the peace. Penalty. Ever) person who maliciously and wilfully disturbs the peace or quiet oi any neighborhood, family, or person, by loud or unusual noise, or by discharging firearms, or by tumultuous or offensive duct. .T by threatening, traducing, quarreling, challen fight iting, i> punishable by a fine not exceeding - or by imprisonment in the county jail not ex< ■ two ths, or by both such fine and imprisonmi Approved March 3, 1913. ai 318 CHAP. LXXVIII. CRIMES AGAINST PUBLIC PEACE. 4311. Unlawful assembly refusing to disperse. If two or more persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. 4312. Exhibiting deadly weapon. Every person who. not in necessary self defense, in the presence of two or more persons, draws or exhibits any deadly weapon in an angry and threatening manner, or who. in any manner, unlawfully uses the same in any fight or quarrel, is guilty of a misdemeanor. CHAP. l.XXIX CRIMES AGAINST PUBLIC PROPERTY. 319 CHAPTER LXXIX. CRIMES AGAINST PUBLIC PROPERTY 4315. Misusing public money or falsifying public ac- counts. Every officer of this state, or of any county, city, town, precinct, or district of this state, and every other per- son charged with the receipt, >afe keeping, transfer, or dis- bursement of public money, who either: 1. Without authority of law appropriates the same or any portion thereof to his own use. or to the use of another; or, 2. I. nans the same or any portion thereof without authority of law; or, 3. Fails to keep the same in his possession until disbursed or paid out by authority of law; or, 4. Unlawfully deposits the same or any portion thereof in any bank, or with any banker or other person; or, 5. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same ; or, 6. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account ; or, 7. Wilfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation draft, order, or warrant drawn upon such moneys by com- petent authority : or, 8. Wilfully omit- to transfer the same, when such transfer is required by law; or, 9. Wilfully omits or refuses to pay over, to any officer or person authorized by law to receive the same, any money received by him under any duty imposed by la a pay over the same, is guilty of a felony. 320 CHAP. LXXIX. CRIMES AGAINST PUBLIC PROPERTY. 4316. Failure to keep and pay over public money. Every officer charged with the receipt, safe keeping, or disbursement of public money who neglects or fails to keep and pay over the same, in the manner prescribed by law, is guilty of a felony. 4317. Making profit out of public money, etc. The making of profit out of public money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and, upon conviction thereof, any such officer, in addition to the punishment provided by law, shall be disqualified to hold public office. 4318. "Public money" defined. The phrase "public money," as used in the three preceding sections, includes all bonds and evidences of indebtedness and all money belong- ing to the state, or to any town, city, county, precinct, or district therein, and all money, bonds, and evidences of indebtedness received or held by state, county, district, city, town, or precinct officers in their official capacity. 4319. Failing to pay over fines or fees. If any public officer who receives any fine, forfeiture, or fee refuses or neglects to pay over the same within the time prescribed by law, he is guilty of a misdemeanor. 4320. Obstructing collection of revenue. Every person who wilfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this state are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. 4321. Refusing list or giving false information to assessor. Every person who unlawfully refuses, upon de- mand, to give to any district or county assessor a list of his property subject to taxation, or to swear to such list, or CHAP. LXXIX. CRIMES AGAINST PUBLIC PROPERTY who gives a false name, or fraudulently refuses to give Ins true name to any assessor, when demanded by such ass< in the discharge of his official duties, is guilty of a mis- demeanor. 4322. Using false tax or license receipt. Failing to give receipt. Every person who uses or gives any receipt except that prescribed by law, as evidence of the payment of any poll tax, road tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, is guilty of a misdemeanor. 4323. Refusing names of employes to tax collector, etc. Every person who, when requested by the assessor or col- lector of taxes or licenses, refuses to give to such assessor or collector the name and residence of each man in his employment, or to give such assessor or collector access to the building or place where such men are employed, is guilty of a misdemeanor. 4324. Doing business without license. Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, or by any county, city or town regulation, without taking out the license required by law or by the county regulation, is guilty of a misdemeanor. 4325. Officer discounting warrants. No state, county, city, town, or district officer shall, either directly or in- directly, contract for or purchase any warrant or order issued by the state, county, city, town, or district of which he is an officer, at any discount whatever upon the sum due on such warrant or order, and if any state, county, city, town, or district officer shall so contract for or purchase any such order or warrant, he shall be guilty of a misdemeanor. 322 CHAP. LXXX. EMBEZZLEMENT. CHAPTER LXXX. EMBEZZLEMENT. 4345. Counterfeiting seal. Every person who. with intent to defraud another, forges or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any cor- poration, or any other public seal authorized or recognized by the laws of this state or of any state, government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and wilfully conceals the same, is guilty of forgery. 4374. Embezzlement defined. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. 4375. Id. By officer, agent, etc. Every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation, public or private, who fraudulently appro- priates, to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes the same, with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. CHAP. LXXX1. PRELIMINARY PROVISIONS. 323 CODE OF CRIMINAL PROCEDURE. CHAPTER LXXXI. PRELIMIN \UY PR< IVISK INS. 4506. Name of title. This title shall be known as the < if Criminal 1 'n icedure. 4507. Criminal procedure shall be as herein prescribed. The procedure in criminal cases in the courts of this shall be as prescribed in this code. 4508. Legal conviction must precede punishment. No person shall be punished ior a public offense, except upon a in a court having jurisdiction therei 4509. Prosecution by information or indictment. Other prosecutions. Every public offense must be prosecuted by information after examination and commitmenl by a magis- trate, unless the examination be waived by the acci with the consent of the state, or by indictment, with or without such examination and commitmi 1. Where proceedings shall be had for the a civil officer of the state, of a political subdivis of a municipality, or of a school districl ; 2. • - arising in the militia when in actual - and in the land and naval forces in time of war or public danger, or which the state may keep, with th< — . in tin i 3. Offenses triable in justices' and police 4510. Criminal action defined. by which a I with a publii 324 CHAP. LXXXI. PRELIMINARY PROVISIONS. and brought to trial and punishment is known as a criminal action. 4511. Prosecutions to be in the name of the state. A criminal action shall be prosecuted in the name of the state of Utah, as a party, against the person charged with the offense. 4512. Party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this code as the defendant. 4513. Rights of the defendant. In criminal prosecu- tions, the defendant shall be entitled: 1. To appear and defend in person and by counsel; 2. To demand the nature and cause of the accusation against him, and to have a copy thereof; 3. To testify in his own behalf; 4: To be confronted by the witness against him, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer, in the presence of the defendant, who has, either in person or by counsel, cross-examined, or has had an opportunity to cross-examine, the witness, or where the testimony of a witness on the part of the state, who is unable to give security for his appearance, has been taken conditionally in like manner in the presence of the defend- ant, who has, either in person or by counsel, cross-examined, or has had an opportunity to cross-examine, the witness, the deposition of such witness may be read, upon it being satisfactorily shown to the court that he is dead or insane, or cannot, with clue diligence, be found within the state: 5. To have compulsory process to compel the attend- ance of witnesses in his own behalf; 6. To have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed; 7. To have right of appeal in all cases. CHAP. LXXXI. PRELIMINARY PROVISIONS. 4514. Defendant not compelled to advance fees. In no nice shall any accused person, before final judgment, compelled to advance money or fees to secure the rij herein guaranteed. 4515. Defendant need not testify. Husband or wife as witness. Twice in jeopardy. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a hus- band against his wife, nor shall any person be twice put in jeopardy for the same offense. 4516. No person convicted except on verdict or judg- ment. No person shall be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment against him upon a demurrer when he refuses plead, or upon a judgment of a court for a public offense nol amount- ing to Felony, a jury having been waived. 326 CHAP. LXXXII. INTERVENTION OF OFFICERS. CHAPTER LXXXII. INTERVENTION OF OFFICERS. 4520. Officers may prevent public offenses, how. Pub- lic offenses may be prevented by the intervention of the officers of justice : 1. By requiring security to keep the peace; 2. By forming a police in cities, towns, or counties, and by requiring their attendance in exposed places: 3. By suppressing riots. 4521. When persons justified in assisting officers. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing. 4539. Police governed by special statutes. The organ- ization and regulation of the police in the cities, towns, and counties of this state are governed by special statutes. 4540. Ordering police to preserve peace at public meet- ing. The mayor or other officer having the direction of the police of a city, town, or county must order a sufficient force to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended. 4541. Officer may command assistance to execute process. When a sheriff or other public officer authorized to execute process finds, or lias reason to apprehend, that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the CHAP. LXXXII. INTERVENTION OF OFFICERS. 327 resistance, and, if necessary, in seizing, arresting, and fining the persons resisting and their aiders and abetl 4542. Persons resisting process to be reported to the court The officer must certify to the court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may b eded against for their contempt of court. 4543. Officer to command rioters to disperse. When a number of persons, whether armed or not, arc unlawfully or riotously assembled, the sheriff of the count} and his deputies, the officials governing the precinct or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them possible, and command them, in the name of the state, immediately to disperse. 4544. Id. Arrest on refusal to disperse. If the per- sons assembled do not immediately disperse, such magis- trates and officers must arrest them, and to thai end may command the aid of all persons present or within inty. 4545. Person refusing to assist officer, etc., deemed a rioter. If a person present, being commanded by an the magistrates or officers mentioned in thi tion to aid or assist in seizing and securing such rii persons so unlawfully assembled, or in suppn such riot or unlawful assembly, refuses or neglects to "Ley -uch command, or, when required by such magistral to depart from the place, refuses, or n< . he shall be prosecuted and punished accordingly. 4609. Peace officers enumerated. .\ a sheriff of a county it hi marshal or policeman of any inc vn. 328 CHAP. LXXXII. INTERVENTION" OF OFFICERS. 4611. Any person having knowledge must make com- plaint Every person who has reason to believe that a crime or public offense has been committed must make complaint against such person before some magistrate hav- ing authority to make inquiry of the same. 4618. Warrant directed to and executed by peace officer. The warrant must be directed to and executed by a peace officer. 4621. Officer may call for aid in any county. An officer pursuing a person for whom he has a warrant, into another county than the one in which he holds office, may. in the county where he finds such person, call for assistance, and command aid, and exercise authority as if in his own county. CHAP. LIMITATIC CHAPTER LXXXIII. LIMITAT 4597. No limitation for murder, embezzlement of public money, or falsification of public records. There - no limitation of time within which a prosecul the embezzlement of public rn of public records must be commenced. Prosec.- murder may be commenced at any time after the death of the person killed, and for the embezzlemer.- moneys or the falsification of public records, at any after the discovery of the crime. 4598. Felony other than murder, etc. Four years. any felony other than murder, the embezzlement of public men' - - :he falsification of public records, an indictment must be found or an information filed within after its commission. 4599. Indictable misdemeanor. Three years. n in- r any misdemean be found or an • filed within three years after its 4600. Time of defendant's absence no part of limitation. If. when the offense is committed, the defends- the state, the indictment may be found or an filed within the term herein limited after his coming the state, and no time during which the defend:.- not be an inhabitant of. or usually resi-"- state, shall be part of the limita" 4601. When indictment deemed found ithin the mean:- led. 330 CHAP. LIMITATIONS. 4602. Misdemeanor within justice's jurisdiction. Two years. A complaint for a misdemeanor, of which justices of the peace have jurisdiction, must be filed within two years after the commission of the offense. 4603. Action begun when complaint filed. An action on a complaint is commenced when a verified complaint is filed with the magistrate. CHAP. LXXXIV. ARREST. 331 CHAPTER LXXXIV. \KRFST. BY WHOM AND HOW MADE. 4635. Arrest defined. May be made by any person. An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be mad< a peace officer or by a private person. 4636. Arrest, how made. No unnecessary restraint. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not he subjected to any more restraint than is necessary for his arrest and detention. 4637. When officer may arrest with or without warrant. \ peace officer maj in arresl in obedience to a war- rant delivered to him. or maw without a warrant, a: a person : 1. For a public offense committed or attempted in his presence : 2. When a person arrested has committed a felony, although not in hi- presence; 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested have committed it ; 4. On a charge, made upon a reasonahle cause, of the commission of a felony by the party arrested: 5. At night, when there is reasonable cause to believe that he has committed a felony. 4638. When private person may arrest. Railroad con- ductor. A private person may arrest another: 1. For a public offense committed or attempted in his nee : 332 CHAP. LXXXIV. ARREST. 2. When the person arrested has committed a felony, although not in his presence ; 3. When a felony has been in fact committed and he has reasonable cause for believing the person arrested to have committed it ; 4. A conductor or other person having charge of any railway train in this state shall have power to arrest without a warrant any person disturbing the peace of a traveler, or committing any offense against the laws of the state while traveling with or upon the train of which he is in charge. 4639. Magistrate may orally order arrest. A magis- trate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate. 4640. Person arresting may summon assistance. Any person making an arrest may orally summon as many per- sons as he deems necessary to aid him therein. 4641. Arrest by day or by night. If the offense charged is a felony, the arrest may be made on any day. and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direc- tion of the magistrate indorsed upon the warrant, or unless the offense is committed in the presence of the person making the arrest. 4642. Manner of making arrest. The person making the arrest must inform the person to be arrested of the intention to arrest him. of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or is pursued immediately after its com- mission, or after an escape. CH W i XXXIV. VRREST. 333 4643. Warrant must be shown if required, li ilu son making the arrest is acting under the authority of a warrant, he must show the warrant, if required. 4644. Force, when arresting under warrant. Winn the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or Forcibly resists; the officer may use all necessary mean: effect tlie arrest. 4645. Door or window may be broken, when. To make an arrest, a private person, if the offense is a Felony, and in all eases a peace officer, may break open the door nr window of the building in which the person to be arrested is. or in which they have reasonable grounds for believing him in he. after having demanded admittance and explained the purpose for which admittance i- desired. 4646. Id. For purpose of exit. Any person who shall have lawfully entered a house for the purpose of making an arrest may break open the door "i window thereof if detained therein, when necessary for the pur] ing himself, and an officer may do the same, when ne< sary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose making an St, and is detained therein. 4647. Weapons to be taken from person. Delivery. An\ person making an arrest may take from th< arrested all offensive weapons which he may have ab his person, and must deliver them I win mi he shall be taken. 4648. Private person must deliver prisoner immediately. ii who -hall ha 22 334 CHAP. LXXXIV. ARREST. commission of a public offense must, without necessary delay, take the person arrested before a magistrate, or deliver him to a peace officer. 4649. Officer arresting with warrant must proceed lawfully. An officer making an arrest in obedience to a warrant must proceed with the person arrested as com- manded by the warrant, or as provided by law. 4650. Arrest without warrant. Delivery of prisoner. Complaint. When an arrest shall be made without a war- rant by a peace officer or private person, the person ar- rested must, without unnecessary delay, be taken to the nearest or most accessible magistrate in the county in which the arrest is made, and a complaint, stating the charge against the person, must be made before such mag- istrate. A conductor or other person who shall have made an arrest as provided in sub. 4 of § 4638 shall, without unnecessary delay, take the person so arrested before any accessible magistrate or deliver him to a peace officer ; and a complaint, stating the charge against the person, must be made before such magistrate: and the magistrate before whom such charge shall be made, if the offense is triable by him shall have full jurisdiction over said offense and tlie defendant, to try and determine said offense. If he have not jurisdiction to try the defendant fur the offense charged, he must proceed as provided in Chap. 16 of this title. 4651. Service of warrant by telegraph or telephone. Procedure. Any magistrate may. by an indorsement upon a warrant of arrest, authorize the service thereof by tele- graph or telephone, and thereafter a telegraphic or tele- phonic copy of such warrant may lie sent by telegraph or telephone to one or more peace officers, and such copy is :is effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held an original warrant issued by the magistrate making the indorsement. CHAP. I. XX XIV. ARREST. 4652. Id. Certification and return. Every officer causing telegraphic or telephonic co] warrants to be sent musl certify as correct, and file in the phone office from which such copies are sent, a i the warrant and indorsement thereon, and must return the original with a statement of his action thereunder. 4653. Officer may direct arrest by telegraph or tele- phone. In all cases when by law a peace officer may ar- a person without a warrant, or having a warrant for the arrest of a person accused of a public offense, and such person may otherwise escape from the state, such officer may by telegraph or telephone direct any sheriff, constable, marshal, or policeman in this state to arrest such person, and designate the accused in said order by name or description, or both. 4654. Id. Arrest and detention of prisoner. The order may be directed generally to any of such offii and executed by the officer receiving it. The officer exe- cuting any such order shall take into hi- custody the per- son designated therein, and detain him upon such order for such length of time as shall be necessary for the officer directing the arrest to reach the place of detention by the ordinary means and course of travel, or until sooner de- manded by an officer having a warrant for the arrest of such person, but in no case -hall the officer arresting such 'it upon such ordi r detain him 1. 'tiger than the time hereinbefore mentioned. 4655. Pursuit and arrest. If a person am rsi 'ii from v Mil have ped or shall have been rescued may inn and retake him at any time and in any place within the 336 CHAP. LXXXIV. ARREST. 4656. Id. May break door or window. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house or other building, if, after notice of his intention, he is refused admittance. CHAP. LXXXV. PROSECUTION. 337 CHAPTER LXXXV. PROSEC1 riON BY INFORMATION, rMENT, OR ACCUSATION. 4688. Prosecutions in district court to be by informa- tion, etc. All public offenses triable in the district courts, except cases appealed from justices' courts, must be prose- cuted by information or indictment, except as provided in the next succeeding section. 4689. Action for removal from office begun by accu- sation. When the proceedings shall be for the removal of any district, county, precinct, municipal, or school officer, or officer of any board of education, or of a state officer not liable to impeachment, for any high crime, misdemeanor, malfeasance in office, they may be commenced by an accusation in writing presented by the grand jury or by the county attorney, as provided in Chap. 8 of this title. 4690. Id. Accusation, information, or indictment. All accusations, informations, or indictments again-t officers mentioned in the next preceding n must be presented to, or filed or found in, the district court. 4691. Officers mentioned may be prosecuted criminally. Nothing in this chapter shall be construed to prevent tin ers above mentioned from being proceeded bj information or indictment, for a public offense in th manner as now is or may hereafter be provided by law for so proceeding against other persons accused of a public •ise. 4921. Fines of district court to go to state. Excep- tion. Fines imposed by the district court shall be turned 338 CHAP. LXXXV. PROSECUTION. into the state treasury, except such fines as are imposed by the district court in cases appealed from a city or muni- cipal court, which such fines, when collected, shall be by the county clerk covered, one-half into the city treasury, and one-half into the state treasury. CH \1' I WW I 339 CHAPTER LXXXVI. i i >MPR< (MISING PUBLIC I (FFENSES. 5062. What misdemeanors may be compromised. When a defendant is held to answer on a charge of mis- demeanor, for which the person injured by the act constitut- ing the offense has a remedy by a civil action, the may be compromised as provided in the next section, except n it is committed : 1. By or upon an officer of justice, while in the cution of the duties of liis offi< 2. Riotously ; 3. Willi an intent to commit a felony. 5063. Id. By permission of court. Bar. [f the party injured appears before the court in which the trial is to had at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all pro ceedings t" be stayed upon the prosecution, and the defend- ant to be discharged therefrom; but in such case the reasons for the order must be set forth therein and entered . .n the minutes. The order -hall be a bar to another prosecution for the same i (ffense. 5064. No offense to be compromised except as herein provided. No public offense shall be compromised, shall any proceeding or prosecution for the punishi thereof upon a compromise be stayed, except as provided in 'his chanter. 340 CHAP. LXXXVII. STOLEN PROPERTY. CHAPTER LXXXVII. DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED. 5118. Held subject to order of magistrate. When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next suc- ceeding section to direct the disposal thereof. 5119. Property delivered to owner. Order. Costs. On satisfactory proof of the ownership of the property, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it. must order it to be delivered to the owner, upon his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order shall entitle the owner to demand and receive the property. 5120. Id. If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. 5121. Sale of unclaimed property. Proceeds. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must sell the same at public auction, as provided by law for the sale of personal property on execution, and with the proceeds pay: 1. The expenses necessary for its preservation and sale ; __ CHAT I. XXXVII. STOLEN PROPERTY. 341 _'. Any balance into the county treasury of the county in which the offense shall have been committed. 5122. Property taken from person arrested. Duplicate receipt. Winn mone) or other property is taken from a defendant, arrested upon a charge of a pub officers taking it musl at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken: one of which receipts he must deliver to the defendant, and the other he must forthwith file with the clerk of the court to which the complaint and apers in the case are required by law to be When such property is taken by a police officer of an) incorporated city, lie must deliver the receipt the defendant, and the other, with the property, al onci the person in charge of the police office in such city. 5123. Register to be kept at police station. I -on having charge of thi office in any incorporated city must enter in a suitable hook a descriptii very article of property alleged to b n or emb and the office or taken from the person of ; , ■ oner, and must attach a number to each article, and make tiding entry there AN ORDINANCE. An ordinance revising and compiling the ordinances ol Salt Lake City, Utah : Be it ordained by the Board of Commissioners of Salt Lake City. Utah : SECTION 1. That all ordinances of a general nature now in force in Salt Lake City, Utah, as revised, compiled and hereinafter set forth in Volume 1, containing LXI chap- ters, and numbered consecutively in sections from 1 to 1396, be and they are hereby adopted, passed, published and declared to be the Revised Ordinances of Salt Lake City, L'tah. Revised Ordinances OF SALT LAKE CITY. CHAPTER I. Section 1. Repeal of existing ordinances. The ordi- nances contained in this chapter and the chapters fol- lowing shall be known as the "Revised Ordinances of Salt Lake City," ami so far as their provisions are the same in effect a- those of previously existing ordinances, they shall be construed as continuations thereof; but subject to the above limitations and the provisions of the nexl section, all ordinances and resolutions of Salt Lake City heretofore in force except such a~ are of a private, local or temporary nature, including franchises, grants, dedications and levies for local assessments), are hereby repealed. Sec. 2. Effect of repealing ordinance. The repeal oi the ordinances as provided in Section 1. ^hall not revive the ordinances previously repealed nor affect any right which accrued, any duty imposed, an) penalty incurred, nor any action or proceeding commenced under '>r by virtui the ordinance repealed nor the tenure of office of any person holding office at the time when thej tak< m.r shall the repeal of any ordinance thereby have the effect of reviving any ordinance theretofore superseded. Sec. 3. Rules for construction of ordinances and amendments. In the construction of the Revised 344 nances and all ordinances amendatory thereof the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context of the urdinance. The singular number includes the plural. Words used in the present tense includes the future. Words used in the masculine gender comprehend, as well, the feminine and neuter. The word "person'" includes bodies politic and corporate partnerships, associations and companies. The word "writing" includes printing, writing and type- writing. The word "signature" includes any name mark or sign written with the intent to authenticate any instrument or writing. The word "month" means a calendar month unless otherwise expressed, and the word "year" or the abbrevia- tion "A. D." is equivalent to the expression "year of our Lord." The word "oath" includes "affirmation-' and the word "swear" includes the word "affirm.'' Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "depose." The word "property" includes both real and personal property. The terms "land," "real estate" and "real property" includes lands, tenements, hereditaments. water rights, possessory rights, and claims The term "personal property" includes every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, rights or title to property is created, acknowl- edged, transferred, increased, defeated, discharged, or dimin- ished, and every right or interest therein. The words "highway" and "road" include public bridges, and may be held equivalent to the words "county way," "county road." "common road." and "state road." .(45 The word "street" includes alleys, lanes, courts, boule- vards, public ways, public squares, public places, and sidewalks. When any time i^ specified in these ordinances it shall mean standard time, as distinguished from solar time, and the words "midnight" or "noon" shall be taken to be midnighl or noon standard time. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant nr lessee of the whole or of a part of such building or land The word "tenant" or "occupant" applied to a building Of land shall include any person who occupies the whole or any part of such building or land either alone or with others. \\ ords prohibiting anything being done, except in ac- lance with a license or permit or authority from a board or officer, shall be construed as giving such hoard or officer power to license or permit or authorize such thing to be done. The word "officer" shall include officers and hoard- in charge of departments and the members of such boards, The term "wilfully." when applied to the intent with which an act is done or omitted, implies simply a pur] or willing commit the act or make the omission referred to. It does ii"t require any intent 1m violate law, to injure another, or to require any advantage. The terms "neglect," "neglig< "negligent," and mly" import a wan] of such attention to the nature or probable conseqtn > i or omission .is a prudent man ordinarily bestows in acting in his own cone The term "knowingly" imports only a knowledge that the :-t which I >ri ncr the act or omission within the provisions of these ordinances. It do knowledge of the unlawful™ ich act i ion. 346 The term "bribe" signifies any money, goods, right in action, property, thing of value, or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his action, vote, or opinion in any public or official capacity. The term "corruptly" imports a wrongful design to acquire or cause some pecuniar}- or other advantage to the person guilty of the act or omission referred to, or to some other person. The terms "malice" and "maliciously" import a wish to vex. annoy, or injure another person, or an intent to do a wrongful act, established either by proof or by presumption of law. The enacting style of all ordinances of Salt Lake City shall be "be it ordained by the board of commissioners of Salt Lake City, Utah." Sec. 4. Intent to defraud. Whenever by any of the provisions of the revised ordinances an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or bod) politic or corporate whatever. Sec. 5. Liability of employers and agents to penalty for violation of ordinances. When the provisions of an ordinance prohibit the commission or omission of an act, not only the "person actually doing -the prohibited thing or omitting the directed act. but also the employer and all other persons concerned or aiding or abetting therein, shall be guilty of the offense described and liable to the penalty prescribed for the offense. Sec. 6. Essentials of crime. In every crime or public offense, there must exist a union % or joint operation of act and intent, or criminal negligence. .147 ["he intent or intention is manifested by the circum- ces connected with the offense and the sound mind and discretion of the accused. Sec. 7. Penalty for violation of ordinances. When no other penalty i> prescribed any i violating anj provision or provisions of any ordinance in- cluded in these Revised Ordinam ordinances hereafter enacted, shall be punished by a fine of not more than fifty dollar-, in default of payment of which such person shall ommitted to the city jail for the period of not more than thirty days. Sec. 8. When ordinances take effect. Publication. Proof. All ordinances, before taking effect, shall be de- posited in the office of the city recorder and published at .■nee in some newspaper published within the city, ■ >r if there is no newspaper published in the city, then by posting in three public places therein, and shall go into effect on the twentieth day after its publication, in provided in the ordinance thai it shall take effect at an earlier or a later date: provided, that whenever a revis ade and the revised ordinam published by author- ity of the board of commissioners or city council, no further publication shall l>e deemed necessary. The city recorder shall record all ordinances in a book 1. that pun ether with affidavits of publication by the pub- lisher, or his agent, or if posted, with the certin due posting thereof; and said book,, or a certified i of the ordinances, under the seal of the city, ived as evidence in all courts and place.- without further ;'. or if printed in book or pamphlet form by auth ' of commissionei ity council, they shall he ceived. .43 CHAPTER II. AXIMALS. Sec. 9. Abandoning and selling sick and disabled animals. Docking horses' tails. Leaving on street more than five hours. It shall be unlawful for any person to abandon or turn out at large any sick, diseased or dis- abled animal, but such animal shall, when rendered worth- less by reasmi of sickness or other disability, be by the owner thereof killed and disposed of as provided by these ordinances for the disposition of dead animals within the city limits. It shall be the duty of police officers to kill and dispose of any animals found running at large within the city limits, or which may be impounded in the estrav pounds of this city, which are worthless from sickness, dis- ease or other disability. It shall be unlawful for any person to lead, ride or drive on any street of this city, for any purpose, except that of conveying to a proper place for its humane keeping or killing, or for medical or surgical treatment, any dis- eased, debilitated, lame or emaciated animal. It shall be unlawful for any person to cut, or assist in the cutting, within the limits of this city, of the bene of the tail of any horse for the purpose of docking the tail, or for any person to cause or knowinglv permit the same to be done upon the premises of which he is the owner, lessee, proprietor or user, within this city, and the fact that a horse is found with its tail so cut. and with the wound resulting from such cutting unhealed, upon the premises of any person in this city, such fact shall be prima facie evidence that the person who occupies or has the use of the premises upon which the horse is so found has com- mitted such offense, and if a horse is found with its tail so cut, and the wound resulting from such cutting unhealed. in the charge or custodj of anj person in this city such Fact shall be prima facie evidence that the n having charge or custody of such horse has committed such offense. It shall be unlawful for any person being the owner of, or having charge, custody or control of any animal to allow the same to remain standing, fastened or otherwise, on any of the streets of Salt Lake City for a longer period than five hours of an} one day. Sec. 10. Animals. Accidental killing of. Every person who shall accidentally or otherwise kill any animal upon the streets or alleys of this city, shall, within three hours thereafter, remove, or cause the bodj of said animal to be removed from the streets and alleys of the city; and shall. within the same time, l; i \ «.- notice to the health commissioner of this city, stating the kind of animal killed. tri< re killed, and what disposition has been made of the same. Sec. LI. Id. Removal of. Mo person shall remove or se t" he removed from the premises in the possession "i "t- under the control of such person any dead animal, into or upon any streel or alley of this city, except t>> remove the same for burial or destruction. Sec. 12. Id. Selling diseased. It -hall he unlawful for any 'ring into Salt Lake City for have in his p in with intent to sell i for sale any animal having a communicable disease, or which has been exposed t... or which is liable t" carry infection from a municable diseas Sec. 13. Animals, cruelty to. It shall he unlawful for any person t" torture, cruelly heat, ill treat, maim or clisfij any horse or other animal within the limit it Lake City,, whether belonging to himself or to anothei as 350 Sec. 14. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars orby imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing the fine, enter as part of the judgment, that in default of the payment of the fine, the defendant may be imprisoned in the city jail for a period not exceeding thirty days. Annexations to City. See Section 287. Appeals. From city court. Civil procedure same as appeals from justice courts, 686x17. Judgment final, exception. 686x17. From city court, criminal procedure by defendant as from justice court, 686x17. By state or city, grounds, 686x17. Appointive Officers. See Officers, title of office. Attorney. See Law Department. 351 CHAPTER III. • AUCTIONEERS. Section 15. Auctioneers. An auctioneer, as con plated in this ordinance, is a person who conducts a public competitive sale of property by outcry to the highesl bona fide bidder. An auction house, as contemplated in this ordinance, is a place where personal property is sold at auction by an auctioneer. It shall be unlawful for any person to engage in the business of auctioneer within Salt Lake City without first procuring a license so to do. Such auctioneer shall pay into t ho city treasury t he sum of $100 as an annua! license therefor, and shall execute a bond to Salt Lake City, with corporate surety in the sum of one thousand dollars, con diti.inal for the faithful observance of all laws ami ordinances of Salt Lake City, and the honest performance of all duties required by ordinance, and the protection of all persons dealing with such auctioneer, said bond t" 1"- approved he board of commissioners and filed with the city recorder. It shall be unlawful for any person t" engage in the business of. or t" keep, conduct or operate an auction house within Sail Lake City without firsl obtainin] license so to do. Such person shall pay into the city treasury of Salt Lake City the sum of or an annual license, and shall execute a bond in the sum of one thousand dollars in favor of Salt Lake City, and any person injured or damaged by false or fraudulent n tling with such auction house, conditioned for the faithful ance of all laws and ordinan* ill Lake City, t ; : duct of the business engaged in. ami for the payment damages t" all persons injured or damaged by false and fraudulent representations in dealing with said auction hi 352 said bond to be approved by the board of commissioners and filed with the city recorder. Sec. 16. Receipts for goods. Commission. It shall be the duty of all licensed auctioneers to receive all articles which may be offered them for sale at auction, and give receipts therefor ; and at the close of any sale, which must be made as the owner directs, the auctioneer shall deliver a fair account of such sale, and pay the amount received for such articles to the person entitled thereto, deducting therefrom a commission not to exceed ten per cent on the amount of such sale. Sec. 17. Obstructing streets or sidewalks. It shall be unlawful for any auctioneer to sell, or expose for sale, any kind of property on or so near to any street as to cause people to gather in crowds on the sidewalks, or to obstruct a free passage thereon, or to use immoral or indecent language in crying his goods, or to make noisy acclamations or ring bells through the streets in advertising the sale of goods or chattels; provided, however, that this section shall not apply to any sheriff, constable or other officer, whose duty shall require him to sell property at public auction. Sec. 18. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding Fifty Dollars or by imprisonment for a period not longer than thirty days. The court may, in imposing a fine, enter as part of the judg- ment, that in default of the payment of the fine the defend- ant may be imprisoned for a period not exceeding thirty days. .55.? CHAPTER IV. Al TOM. >BILE, <. \K VG1 KM '.I L \Tli)\ I »] Section 19. Definitions. The provisions of this chapter shall be deemed and held to apply only to public or private garages or structures wherein are stored, kept, rented or hired, vehicles using gasoline or the products of petroleum, or hydrocarbon liquids for generating motive power, and a> contemplated in this ordinance, an automobile shall mean any motor vehicle using gasoline, petroleum or any product of hydrocarbon li(|iiiils for generating motive power. \ "public garage" is a building where automobiles are kq>t and stored by the public, where automobiles arc rented nd hired by the public, where a charge is made for the use of or for the storage or keeping of automobiles. \ "private garage" is a building where one or more mobiles are kept and stored for private use only, and not rented or hired oul to the public, or any charge is made for storage. isoline" shall mean any product of petroleum or any hydrocarbon liquid that will flash or emit an inflam- mable vapor below the temperature of one hundred and ten i 110) degrees Fahrenheit. The chief of fire department to decide the flashing point. "Approved" means approved b) chief of fire department. Sec. 20. Location. No part of any building hereafter erected or of any existing building not already which is used a- a hotel, apartment hot oming ho idging house, shall, after thi ge of this ordinance, he used as a public gar; Sec. 21. Permits. It shall he unlawful for any per- firm or corporation hereafter to conduct or maintain any building i ir pren in autom without first obtaining a permit therefor from the chiel 354 of fire department, specifying the name of the permittee and the location of the premises to be used as an automo- bile garage, and the amount of gasoline desired ; provided, that all persons, firms or corporations now conducting a public garage shall, after the passage of this ordinance, comply with the requirements hereafter specified in this ordinance governing the storage and handling of gasoline. Sec. 22. Application for permits. All applications for permits for automobile garages shall be made to the chief of fire department, who shall determine the conditions under which any privileges granted shall be exercised, and shall furnish each applicant with a written or printed copy of all the requirements imposed by this ordinance for their information and guidance as to the manner in which gaso- line shall be stored in the garage. When application is made to conduct and maintain a public garage, the applicant shall immediately after the filing of the application, cause to be posted conspicuously on the premises a notice that such application has been made; said notice to be kept posted until said application is granted or denied. Sec. 23. Construction of buildings used as public garages. All buildings hereafter erected, and all buildings herafter altered or changed so as to be occupied as public garages, for the purpose of storing automobiles, shall be of brick, stone, concrete, or reinforced concrete construction; the flooring of the first floor of which shall be concrete, with a system of ventilation with openings to the outer air at floor line not less than six (6) by eight (8) inches for each ventilator. Sec. 24. Protection, (a) There shall at all times be maintained in every such building used as a public garage two (2) chemical fire extinguishers of not less than three (3) gallons each, where the floor space is less than five hundred (500) square feet, and one d) additional chemical fire ex- 35S tinguisher for every additional five hundred (500) square Eeet of floor space used for such purpose, (b) Sand shall be kept in iron buckets in all gara Every public garage shall also have on hand al all times at least four (4) barrels of clean -and, placed in different parts of the main floor and repair shop, each barrel to i tain an iron -coop, so as to throw sand on gasoline or nil fires, also for absorbing waste oils that may fall upon tin- floor; such sand when saturated shall be removed from the building. The use of sawdust for absorbing oils in any ge i- strictly prohibited. Sec. 25. Automobile -garage regulations. Garages must at all times conform to the following regulations: (a) No gasoline shall be allowed to remain in any opi n can or open receptacle of anv kind in, upon, or about any garage. (b) No gasoline shall be put into or taken out of an} automobile where there is an open light, \ll lamp- on the automobile must be extinguished before filling. (c) No gasoline i a building in approved self- closing cans of a capacity not to exceed five (5) gallons. Gasoline may be kept in approved portable filling tanks inside of a public or private garage. Xo one approved portable filling tank shall have a capacity to exceed ?0 gallons. All said approved portable filling tanks shall be mounted on all metal wheels with rubber tires, each to be equipped with an approved pump fitted at the end with a ground shutoff nozzle; the gasoline t" be pumped into the reservoir of the automobile from the said approved wheel tanks. Such portable wheel tanks when not in use must be (c) One storage tank for gasoline of capacity not kept near the entrance of the building, so that in case of fire they can be readily removed from the building. Sec. 28. Construction of storage tanks. All gasoline ige tanks must conform to the following specifications: 1,1 1 All gasoline storage tank- -hall In- constructed of at least twelve (12) gauge galvanized steel, or three six- nth (3-16) inch black i ipen hearth steel All tank- made of galvanized steel must be fully riveted and soldered. All lank- made of black steel must ho carefully riveted and calked. (c) All tanks must be coated on tin outside with haltum or other rust-resisting material. nit There shall be no openings or connections on any tank, except on the top thereof, and n<> tank shall be con- nected cither directly or indirectly with any drain, catch basin, public < case shall there be a return or waste pipe t<> the tank. Sec. 31. Duties of the chief of fire department, li shall he the duly of the chief of fire department to see that the provisions of this ordinance are complied with, and for that purpose he shall have access to any and all buildings, or premises, used as automobile garages. If any proprietor or manager "i a public or private automobile garage shall fail or refuse to comply with an) of the provisions of this ordinance (which is made for the public safety i, said chief of fire department shall notify -aid proprietor or manager to appear before the hoard oi missioners of Salt Lake City within five days after the service of such notice, and show cause why the permit which may have been granted to store gasoline as provi in this ordinance shall not he revoked. Sec. 32. Penalty. Any person violating any of the pro visions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars by imprisonment in the city jail for a period nol longer than thirty days. The court may in imposing a fine, enter a- a part of the judgment, thai in default of the payment of the fine the defendant may he imprisoned in the city jail for a period not exceeding thirty days. 360 CHAPTER V. BOARD OF HEALTH. Section 33. Board of health established. There is hereby created and established within and for Salt Lake Citv, a board of health, consisting of the following members, offi- cers, assistants and employes, and clothed with the powers and duties hereinafter set forth. Sec. 34. Appointment. Officers. Members. The board of commissioners of Salt Lake City, Utah, may appoint a board of health consisting of the health commissioner, assistant health commissioner, each of whom shall be a graduate of a reputable medical college, two citizens of Salt Lake City, Utah, and the commissioner of public safety. The commissioner of public safety shall be ex officio chair- man of the board of health, which is included in the depart- ment of public safety under the general direction of the commissioner of public safety. Sec. 35. Salaries. The compensation of each member of the board of health, exclusive of the commissioner of public safety, health commissioner and assistant health commissioner, is hereby fixed at five dollars for each meeting attended. The health commissioner shall receive a salary of twenty-four hundred dollars per annum, and the sum of twenty-five dollars per month for transportation and expenses. The assistant health commissioner shall receive a salary of fifteen hundred dollars per annum, and the sum of twenty-five dollars per month for transportation and expenses, said salaries to be payable monthly as are the salaries of other city officers. 361 Sec. 36. Meetings ot the board. i the ird shall be held the second Monday in each month. Special meetings ma) be called by the mayor at an\ una-, and be called by him ai the request oi two members oi ihe board. Sec. 37. Duties. The health commissioner shall be executive officer of the board of health and under the direc- tion of the board of health shall have supervision of the health department, it- officers and employes. He shall ign all officers and employes i" place in the various divi- sions and -hall define their duties except a- otherwise provided by law or ordinance, lie shall be responsible for the enforcement of all law-, ordinanc and regulations relative t<> public health and. sanitation. Ihe other officers of the health department shall each under the direction of the health commissioner, have charge of the divisions hereby ted and established and shall perform such duties as are prescribed by law or ordinance, by the regulations of the b..ard of health and such other duties a- are assigned to them by the health commissioner. Sec. 38. Departments. The departments of the b of health shall be a- fi >11< iw - : The division of health. The divisii m < if bacterii >li igj . The division of sanitary inspection. The division of meat and f 1 inspection. The division of dair\ and milk inspection. The division of weights and measun The dt\ i-i. 'ii of chemistry. The division of health shall include the office emplo the emergency hospital, the isolation hospital and all em- ployes nol detailed for duty in other divisions. The division of bacteriol II include the bacterii ints. The division of sanitary inspection -hall inch 362 inspector, the sanitary patrolmen and the garbage collection and disposal service. The division of meat and food inspection shall include the chief veterinary inspector and his assistants. The division of dairy and milk inspection shall include the chief dairy inspector and his assistants. The division of weights and measures shall include the sealer of weights and measures and oil inspector and his assistants. The division of chemistry shall include the chemist, and his assistants. Sec. 39. Heads of departments. The bacteriologist shall, under the direction of the health commissioner, have charge of the bacteriological laboratory and of the assistants assigned to this division. The chief sanitary inspector shall, under the direction of the health commissioner, have charge of the sanitary patrolmen and of the garbage collection and disposal service. The chief veterinary inspector shall, under the direction of the health commissioner, have charge of the meat and food inspection and of the assistants assigned to this divi- sion, and shall perform the duties prescribed by law and ordinance and such other duties as may be assigned by the health commissioner. The chief dairy inspector shall, under the direction of the health commissioner, have charge of the dairy and milk inspection and of the assistants assigned to this division and shall perform the duties prescribed by law and ordinance and such other duties as may be assigned by the health commissioner. The sealer of weights and measures and oil inspector shall, under the direction of the health commissioner, have charge of the division of weights and measures, inspection of oil and of the assistants assigned to this division and shall perform the duties prescribed by law and ordinance and such cither duties as may be assigned by the health commissioner 363 The chemist shall, under the direction of the health commissioner, have charge of the division of chemistry and the assistants assigned to this division. He shall make all such tests and analyses as n bj lav* and by the health commissioner. registrar of vital statistics shall, under the direc- tion of the health commissioner, have charge of the clerical work of the office. Sec. 40. Appointments. The hoard of commissioners shall appoint all officers, assistants and employes of the hoard of health and such officers, assistants and employes shall receive annual salaries, payable monthl) as are the salaries of other city officers and employes in the amounts as follows : Bacteriologist, twelve hundred dollars. Chief sanitary inspector, twelve hundred doll: Chief veterinary inspector, sixteen hundred and twent) dollars. Chief dairy inspector, fifteen hundred dollars Sealer of weights and measures and oil inspector, fii hundred dollar-. Chemist, six hundred dollars. Registrar >•{ vital statistic-, twelve hundred dollar-. Stenographer and copyist, -even hundred and twenty dollars. Sec. 41. Inspectors. There -hall he twenty-two inspec- of said departments who shall he divided into three i- follows: First, second and third grades. In without previous experience -hall he appointed to the third ijrade only, and may after service ''i one year, it qualified, he promoted to th< d grade. Inspectors of the second grade must havi 1 at leasl one year in the third grade, or two year- or more in health department service elsewhere In-: if the first grade must have served ' or more in the health department or pi il qualifi- 364 cations -for health department service to be determined by the board of health. Inspectors of the first grade shall receive a yearly salary of twelve hundred dollars. Inspectors of the second grade shall receive a yearly- salary of ten hundred and eighty dollars. Inspectors of the third grade shall receive a yearly salary of nine hundred and sixty dollars, all payable monthly as are the salaries of other city officers and employes. All applicants for the position of inspector or for advancement in the service shall successfully pass such examination as may be required by the board of health. Sec. 42. Employes. A nurse at the isolation hospital at twelve hundred dollars per year. A janitor at the isolation hospital at nine hundred dol- lars per year. A cook at the isolation hospital at six hundred dollars per year. One watchman at the isolation hospital at one hundred and eighty dollars per year. One fireman at the crematory to receive a salary of nine hundred dollars per year. Nineteen men with teams, or such lesser number as may be required in the garbage disposal service, each of whom shall receive four dollars and fifty cents per day. Three laborers at two dollars and twenty-five cents per day. One man at the flushing station at nine hundred dollars per y-ear. In all cases where employes draw daily or weekly wages, the same shall be paid semi-monthly. Sec. 43. Oaths. Bonds. The health commissioner shall, before entering upon the duties <9 brought within the limits of the city, withoul a special : niit and direction of the stat of health and the 1- of health at Salt Lake City; and. whenever n shall i the knowledge of any person that such person or thing been brought within the limi Salt Lake City, he shall immediately give notice thereof to a mi if the In Mid of health, together with the location thereof. No person shall, within the limits of Salt Lake City, without a permit from the board of health, carry or remove from one building to another, any person afflicted with Mich contagious dis- ease. Sec. 52. Physicians to report cases of contagious dis- eases. It shall he the duty of every physician or other person earing for the sick within Salt Lake City, to make a report to the board of health immediately after such person becomes aware of the existem ny rase of scarlet fever, typhoid fever, membraneous croup, diphtheria, whooping cough, smallpox, measles, tuberculosis, Asiatic cholera, rub (rotheln), chickenpox, typhus fever, plague, cerebro-spinal meningitis, infantile paralysis, leprosy, or pneumonia in his or her charge, and it shall be the duty of every person, owner, agent, manager, principal or superintendent of any public or private institution or dispensary, hotel, boarding house or lodging house to make a report in like manner of any inmate, occupant or boarder suffering from any of the said infectious or contagions diseases. shall be unlawful for any such physician or other person having knowledge of the exij any such infec- tious or contagious diseases to fail to report to the hoard of health within twenty-four hours the fact concerning same. Sec. 53. Quarantine regulations. It shall be the duty of the hoard of health, without delay, upon receiving such notice a~ provided in the foregoing section, to proceed imme- diately to carry ou1 such rules and regulations as the I of health may prescribe, having for the ■ the prevention and restriction of the dis herein- 370 before mentioned. It shall be the duty of the board of health upon receipt of said notice of existing or suspected disease aforesaid, to inspect or cause the house or locality to be inspected by its sanitary officers, and on discovering that such disease exists the health commissioner may isolate and quarantine said diseased person or persons and may also quarantine any other person or persons exposed to said disease and restrain them within their home or locality from intercourse with other persons, and prohibit ingress or egress to or from such premises whenever it is necessary for the prevention or restriction of such diseases, and any person or persons, isolated or quarantined, who shall wilfully escape from said isolation or quarantine before they have fully recovered, or before the time provided for by the rules of the state board of health or before their clothes have been disinfected by the authorities in charge, or who wilfully permit clothes or other articles to be carried from the in- fected premises prior to disinfection, shall be deemed guilty of the violation of this ordinance. Sec. 54. Id. It shall be unlawful for any person to give, lend, sell, transmit or expose, without previous disin- fection according to the rules of the board of health, any bedding, clothing, rags or other objects which have been exposed to infection of the above diseases Sec. 55. Id. It shall be unlawful for any person who knowingly transport in his conveyance a person affected with a contagious disease, unless he shall have immediately thereafter disinfected his conveyance in a thorough manner, under the supervision of the board of health. Sec. 56. Id. It shall be unlawful for the owner or agent of any house in which a person has been suffering from any contagious disease, to knowingly let it or part of it for hire without having previously disinfected it and all articles therein liable to infection, under the supervision and according to the rules of the board of health. 371 Sec. 57. Disinfection in typhoid fever cases. It shall be unlawful for anj person having charge of a pei affected with typhoid fever, to fail to disinfect all excreta excreted bj the said person during the course of the dis in accordance with the rules of the state board of health. It shall be the duty of the physician in attend; ui« >n all persons affected with typhoid fever to personally instruct those having charge of the same t" perform the disinfection above described and to satisfy himself that the same is properly earned out. It shall be unlawful for such physician to fail of his duty as herein set forth. Sec. 58. Board of health has jurisdiction in matters pertaining to health in schools. The board of health shall have jurisdiction in all matters pertaining to the preserval of the health of those in attendance upon the public and private schools in the city, to which end it is hereby made the dutj i if the board i if health : 1. To exclude from said schools any person, including hers, suffering with any contagious or infectious disease, whether acute or chronic, or liable to convey such disi hose in attendant 2. To make regular inspections of all school buildings and premise-, as to their hygienic condition, and to report on forms that shall be furnished by the board of health, the result of such inspections to those having charge and control with instructions as t" the remedy of such litions iif any such be found) whereby the health of tl in attendance may be impaired or life endangered. A - iid report shall also at the same time be sent t" the board of health. Sec. 59. Tuberculosis to be reported. It shall be the duty of every physician, every superintendent of hospital or public institution in Salt Lake City to immedi •iie board of health every Inch he is called upon to treat or which is in 372 public institution. Each and every physician or superin- tendent shall make such reports as may be called for by the rules and regulations of the state board of health, and must comply with all rules and regulations made by said board and the local board of health to prevent the spread of such disease. Sec. 60. Protection of records. It shall be the duty of the health commissioner to cause all reports made in accordance with the foregoing provisions and also all results of examinations showing the presence of the bacilli of tuber- culosis, to be recorded in a register, of which he shall be the custodian. Such register shall not be open to inspection by any person other than the health authorities of the state and of the said city, and said health authorities shall not permit any such report or record to be divulged so as to disclose the identity of the person to whom it relates, except as may be necessary to carry into effect the provisions of this act. Sec. 61. Disinfection of premises. In case of the vaca- tion of any apartment or premises by the death or removal therefrom of a person having tuberculosis, it shall be the duty of the attending physician, or if there be no such physician, or if such physician be absent, of the owner, lessee, occupant or other person having charge of the said apartments or premises, to notify tin In >ard of health of said death or re- moval within twenty-foiir hours thereafter, and such apart- ments or premises so vacated shall not again be occupied until duly disinfected, cleansed or renovated. Sec. 62. Prohibiting occupancy until order of board of health is complied with. Tn case the orders or directions' of the local health officer requiring the disinfection, cleansing )r renovation of any apartments or premises or any articles therein, as hereinbefore provided, shall not be complied with within forty-eight hours after such orders or directions shall be given, the health officer may cause a placard in words and form substantially as follows to be placed upon the door of the infected apartments or premisi "Tuberculosis is nunicable disease. Thes< ments have been occupied by a consumptive and may be in- fected. They must not be occupied until the order of the health officer directing their disinfection or renovation has been complied with. This notice must not be removed under the penalty of the law excepl b) the health officer or other duly authorized official." Sec. 63. Prohibiting carelessness of a person having tuberculosis. \n\ person having tuberculosis who shall dis- pose of his sputum, saliva <>r otl secretion ■ tion so as to cause offense or danger to any person or persons upying the same room or apartment, house, or part hi ■use. shall on complaint of any person or persons subjected to such offense or danger, be deemed guilty of a nuisi and any pen jected to such nuisance may make com- plaint in person or writing to the health officer. And it shall be the duty of the health officer receiving such complaint t" investigate, ami if it appears that the nuisance complained of i> such as t" cause offense or danger t" any person occupying the same r n, apartment, house or part of a house, lie shall a notice upon the person so complained of, reciting the ged cause of offense or danger ami requiring him t.. other bodily secretion excretion in such manner as t" remove all reasonabli ■ r. An\ person failing or refu ply with <>rdcr< "r regulations of the health requiring him !• nit such nuisan II be deemed guilty < >i a violation of this ordinam Sec. 64. Reporting recovery of patient. Upon thi :v of any person having tubercul the duty of the attending physician to make a report of thi 374 health officer, who shall record the same in the records of his office, and shall relieve said person from further liability to any requirements imposed by this act. Sec. 65. Providing that physicians shall make com- plete statement of procedure and precautions on a blank to be furnished by the board of health. It shall be the duty of the health commissioner to transmit to a physician reporting a case of tuberculosis as provided in Section 59, a printed statement and report, in a form approved by the board of health, naming such procedure and precautions as in the opinion of the said board are necessary or desirable to be taken on the premises of a tuberculosis patient. It shall be the duty of the board of health to print and keep on hand an ample supply of such statements and reports and to furnish the same in sufficient numbers to all local physicians. Upon receipt of such statement and report the physician shall either carry into effect all such procedures and precautions as are therein prescribed, and shall thereupon sign and date the same and return it to the board of health without delay, or, if such attending physician be unwilling or unable to carry into effect the procedures and precautions specified, he shall so state upon this report and immediately return the same to the board of health, and the duties therein prescribed shall thereupon devolve upon said board of health. If the precaution taken or instructions given by the attending physician are. in the opinion of the health commissioner, not such as will remove all reasonable danger or probability of danger to the persons occupying the said house or apartments or premises, the health commissioner shall return to the attending physician the re- porl with a letter specifying the additional' precautions or in- structions which the board of health shall require him to take or give; and the said attending physician shall immediately take the additional precautions and give the additional in- structions specified and shall record and return the same on the original report to the board of health. It shall he the duty i f the board of health to transmit to every physician rep ing any case of tuberculosis or to the person reported as suffer- ing from this disease, provided the latter has no attending physician, a circular of information approved by the board of health and which shall b< ded in sufficient quantity by the board of health. This circular of information shall inform the consumptive of the best methods of treatment of his dis- ease and of the precautions necessary to avoid transmitting the disease to others. Sec. 66. Acute anterior polio myelitis or infantile paral- ysis. Immediately upon receiving the report of a case of infantile paralysis, the board of health shall cause to curely attached in a conspicuous place on the house wherein such disease occurs, a card or flag having printed on it in 1 rs the words quarantine and the name of th< • for which quarantine is i led. It shall be unlawful for an) person nol a practicing phy- sician to leave such premises, wherein is domiciled any person having the above named disease, without first obtaining mission from the board of health. FRl >M Till THE DISCOVERY OF SAID DISEASE l \TIL 1 \tt ANTINE ON SUCH PREMISES SHALL HAVE BEEN REMOVED, and the flag "'" placard before men- tioned taken down l>y the authority of the board of health The quarantine for the above disease shall be .it fifteen (15) days from the beginning of the disease and lot if necessary. Sec. 67. Typhoid fever. Immediately upon i of typhoid fever, the board of health shall se to be- securely attached in a cons] the herein such card having printed on it in larg the woi hoid Fever." Sec. 68. Other contagious diseases. Th person who has \siatic cholera, diphtheria 376 braneous croup, scarlet fever, bubonic plague, smallpox, or infantile paralysis shall not remain unburied for a longer period of time than thirty-six hours after death, unless special permission be granted by the board of health extending the time during which said body shall remain unburied, for special and satisfactory cause shown. Sec. 69. Duty of undertaker. It shall be the duty of the undertaker or other person in charge of such funeral to notify the board of health in advance of the lime and place of such funeral. Sec. 70. Penalty for violation of rules, regulations or ordinances. Any person who violates, disobeys, omits, ne- glects, or refuses to comply with, or resists any of the pro- visions of the ordinances or rules or regulations of the state board of health in force in Salt Lake City, or who refuses or neglects to obey any of the rules, orders, proclamations, or sanitary regulations of the board of health, health officer, board of commissioners, or who omits, neglects or refuses to comply with or wdio resists any officers or duly authorized representatives or orders or special regulations of said board of health, health commissioner or board of commissioners, shall upon conviction be fined in any sum not exceeding one hundred dollars or by imprisonment in the city jail not exceeding one hundred days, or by both such fine and imprisonment. BOARD OF HEALTH. DIVISION OF SANITARY INSPECTION. Sec. 71. Scavenger work under direction of the board of health. All scavenger work shall be subject to the direction and control of the board of health. It shall be the particular duty of the board of health to enforce the pro- visions of this chapter in reference to garbage and scavenger work. Sec. 72. Garbage districts. The board of health shall from time to time, create and establish within the limits of 377 Salt Lake City, such garbage districts as it may deem necessar) for the proper conduct of the department. Sec. 73. Garbage and refuse. Care and collection. Every owner, lessee or occupant of any building, premi or place of business shall provide, be provided, and at all times keep, suitable and sufficient metallii tacles for receiving and holding all garbage thai i accumulate from said building, place of business, or upon said premises or the portion thereof where they may resi< No such receptacle shall be kept on an) Ik, or in any public place longer than may be necessary for the removal of the contents thereof, and all receptacles designed for the • n of garbage shall he provided with proper covers and at all times he kept securely closed and remo from adjoining premises tar enough t" prevent offense; the receptacles herein mentioned shall !"■ kepi in such pi a-- tin- health commissioner may direct. It shall he unlawful for any person to overhaul the con- tents of any receptacle for garbage or waste material sel on any street or alley for collection. Sec. 74. Mixture of rubbish with garbage prohibited. 1; -hall he unlawful for any person, within the garb districts to deposit ashes and non-combustible rubbish in the san-' tacle with combustible liquid i Sec. 75. Befouling gutters and ditches prohibited. It shall be unlawful for any p any paper or other rubbish in any gutter or ditch within the garbage districts, or t.. empty into any gutti 'itch any 1 ips or the contents Sec. 76. Accumulation of manure prohibited. It he unlawful for any person t" permit manun iti or on any premises within the city li< 378 Sec. 77. Deposit or burial of nightsoil in garbage districts prohibited. It shall be unlawful for any person to deposit or bury any nightsoil in or on any premises within the garbage districts Sec. 78. Garbage, manure, etc., to be removed. It shall be unlawful for any persi in to fail to move all garbage, manure, nightsoil, ashes and other refuse and offal to a place designated by the board of health, or to use a cart, vehicle or vessel for carrying any nauseous or offensive substances which shall not be strong, tight, and covered so as to be inoffensive, and of which the sides shall not be made so high above the load or contents that no part of such contend shall fall, leak or spill therefrom. It shall be unlawful for any person to move the contents of any privy, vault or -pool, or to transport the same through any of the streets of Salt Lake City, except by means of an air-tight vessel or in such manner as shall prevent entirely the escape of any noxious or offensive odors therefrom. It shall be unlawful for any person to move the carcass of any dead animal except it be covered from view during removal. Sec. 79. Permits for emptying vaults, cesspools, sinks and privies. It shall be unlawful for any person to empty or clean any vault, privy, water-closet, sink, cesspool or grease trap within the garbage districts, except pursuant to a permit therefor received from the board of health. It shall be unlawful for any person to remove, carry or haul through the streets any nightsoil or contents of cesspools or grease traps except between the hours of 11 "'click p. m. and 5 o'clock a. m. from May 1st to October 30th. and between the hours of 10 o'clock p. m. and 6 o'clock a. m. from November 1st to April 30th. Sec. 80. Permits for hauling garbage. It shall be unlawful for any person or persons, to engage in the busi- ness of hauling garbage, manure, waste paper or other refuse without first obtaining a permit so to do t'nmi the board of health; provided, that tins condition does n < • t applj ons hauling their own garbage with their own teams. The board of health ma) revoke permits for failure to comply with the ordinances. Sec. 81. Manner of marking scavenger wagons. It shall be unlawful for any person engaged in the business of removing garbage, manure or other offensive refuse, to fail to have the word "Scavenger" and the number of his permit in large white letters on black ground plainly printed or attached to both sides of his wagon Ned- Sec. 82. Spilling garbage or refuse prohibited. It shall be unlawful for any person engaged in hauling rubbish or decaying matter of any kind, to permit, allow or cause any of said matter to fall and remain in the str< [1 shall be unlawful for any person to convey, transport, or haul, through, in n any of the public streets, any garbage, slops, swill <>r other refu in air-tight receptacles, which -hall emit no noxious or offensive "dors. [1 shall be unlawful for any person to take, receive, remove, convey, transport or haul, garb; ps, swill other refuse from hotels, restaurants or clubs, except between the hours of 1- o'clock midnight and 7 o'clock a. m. [1 n from whom such -ample i- taken shall 26 382 request him to do so, he shall at the same time and in the presence of the person from whom the same is taken, seal with proper seals or otherwise two samples of the article taken, on each of which said samples or on the seals placed thereon, shall be placed the name of the person taking said sample and also the number above provided for, the one of which sample shall be delivered to the person from whom the same is taken, and the other shall be taken by the person so procuring the same to the board of health, for delivery to the city bacteriologist, the city chemist or other competent person designated for the purpose of making examinations or analyses of samples taken. Sec. 87. Sale, care, distribution, etc., of milk. Every person using in the sale or distribution of milk a delivery in or other vehicle shall from May 1 to September 30, inclusive, each year, have and keep over said delivery wagon or other vehicle a covering of canvas or other material, so arranged as adequately to protect the contents (hereof from the rays and heat of the sun. No person shall bottle any milk upon a delivery wa ■ ' or vehicle, or in any other place than a milk house, dairy or other building where milk is regularly stored and sold. Milk vendors must not under any circumstances what- ever wash their empty cans in any of the streams or ponds within the limits of Salt Lake City; and the rule under utensils, concerning the washing of the same, must be strictly adhered to. No person shall give, furnish, sell or offer for sale, or deliver any milk, buttermilk, whey, sour milk, skimmed milk or cream in quantities less than one gallon, except in sanitary bottles, or single service containers, sealed with a suitable cap or stopper, except where milk is sold at a milk house or dairy. when the same may be dipped. But the milk house, dairy or other place in which such .milk is sold shall be located nol less than fifteen feet from any water closet or privy vault or 383 my horse or cow stable, or any chicken or poultry . and the milk house, Jain or other place sha lom which is not used for am than the handling and sale of milk. No person shall transfer any milk intended for sale from one can. bottle or receptacle to another on air alley or thoroughfare, or upon any deliver) wagon or other vehicle, or in any . place in the city of Sail 1 pt in a creamery milk di Any person who receives milk ■ or \ . er an) railroad where said cans, bottli re to be returned, before returning" thi shall cause the said cans, bottles or ve i be thoroughly washed, cleaned and aired, and. when possible, to stand inverted in the sun. person shall remove from any dwelling in which uy communicabli any botl - which have been or which are to be used for ring milk, except by permission of the health er. \'o person shall use any paper milk ticket more than shall be unlawful to fill or refill with mill ther milk product. an) ir or bottle hat any person, firm or corporation blown thet any private mark or mark- vely. branded, -tan etched or blown therein: that tl tion shall m I to the person whose nan mar! >wn in such .ir or 1' r to a d authorized agent or emplo No dt from the hoard of health. No pcr- their or it- ion with intent to sell, any milk, buttermilk, whey, sour milk, skimmed milk 384 Dutch cheese or other milk product in quantities exceeding one gallon unless the can or receptacle containing the same is securely sealed by lock and chain wire or other efficient contrivance ; provided, however, that a person engaged exclusively in the wholesale delivery of milk, and milk products from wagons not carrying milk bottles, may deliver the same from unsealed cans or receptacles : and provided, further, that said wagon or wagons shall have inscribed conspicuously thereon in plain letters not less than three inches in height, the words "Wholesale only." Sec. 88. Condemnation. After such permit shall have been granted, the board of health of said city shall have power to condemn milk whenever, upon inspection of premises and vessels and test of milk, it shall be found that such premises or vessels are not kept in good sanitary condition, or that the milk does not meet the requirements of the ordinances, and the rules adopted by the board of health . It shall be unlawful for any person to sell or offer for sale any milk so condemned, and the board of health may revoke any permit issued for any violation of the ordinances. Sec. 89. Quality of butter, milk, skimmed milk, cream, ice cream, etc. Butter of standard purity shall be butter made from normal milk or cream free from all kinds of additions except salt and harmless coloring matter, and shall contain not less than eighty per cent butter fat. And on each package of butter manufactured and offered or exposed for sale in Salt Lake City, shall be stamped upon the wrapper or package the name and address of the maker thereof, and the actual number of ounces contained in said wrapper or package at the time of its manufacture, and in case the name which appears upon the label is not that of the actual manufacturer or producer or the name of the place of the manufacturer, the words "Packed For," or "Distributed by," shall appear on the same. It shall be unlawful for any person to offer for sale, or have in his, their or its possession with intent to sell. 385 reworked butter or mixed butter, unless the same is plainly marked "Reworked butter;" and ii shall In- unlawful [or any person to offer or expose for sale any iul> bui packing stock or ladles remolded into prints, rolls unless the same is plainly marked "Reworked butter;" and it ^hall be unlawful for any person, to offer or expose for for sale reworked, mixed or remolded butter, and to mark <>r print such butter with the stamp of any creamery, or with the words "creamery butter." Sec. 90. Milk, butter and cheese. It shall be unlawful for any person to keep at any place where milk, butter or cheese is sold, or to sell or deliver, or offer or have for sale, or keep for use, or to bring to Salt Lake City any unwhoU-some. skimmed, watered or adulterated milk, milk known as swill milk, or brewer's malt milk, or milk from cows or Other animals, which for the most pari have kept in stables, or have been fed on swill or I malt; or milk from sick or diseased >r other animal-, or any butter or cheese made from any such milk: or an) unwholesome butter or chei Sec. 91. Milk. Inspection of. Adulteration. Dairies. Scoring, etc. It shall be unlawful for any person to brin send into Salt Lake City for -ale. either at wholesale or retail, or to offer for sale, or have in hi- ion with intent to sell therein, any milk without having obtained from the -aid board of health, annually, a permit in writing - do. Such permit shall be given by -aid board of health when upon inspection of the premises whet are kept. ins| tion of the hold such milk, and test of the milk, it shall appear that said premises and kept in g 1 sanitary condition, that the milk meets the require- ments of the ordinances of the city ami rules ,,f the I health, and upon condition that none but pure, unadultci and undiluted milk shall be -obi. 386 All dairymen selling milk or cream in the city of Salt Lake shall furnish the board of health a certificate from the state veterinarian or United states government inspector, showing that cows furnishing milk or cream brought within the city limits to be sold or otherwise disposed of for human food, are tree from tuberculosis or other dangerous disease, and annually thereafter all such cows shall be subjected to the tuberculin test by either the board of health, the state veterinarian or U. S. government inspector, and all reacting animals shall be excluded from the herd and isolated. No person shall bring into the city for sale, or shall sell or offer for sale, <>r have in his, their or its on with intent to sell, any milk which has been obtained from any milk dealer, dairyman or other person not having a permit from the board of health of Salt Lake City. Any dairyman, milk dealer or other person, upon appli- cation to the board of health for a permit to sell or deliver milk, shall file a sworn statement giving his name and address, the number of cows he owns or has charge of, the average amount of milk (estimated) sold by him < day, the names, addresses and permit numbers of all persons from whom he buys milk, the average amount of milk le-timated) sold by each of them each day. and the number 'if cows owned by or in charge of each. That all wholesale dairymen and other persons havin mary place of business, keeping and offering for sale milk in Salt Lake City, shall at all times keep the name '>r names of the dairyman or dairymen from whom the milk on sale shall have been obtained, posted in a conspicu- ous place where such milk ma\ be sold or kept for sale. It shall be the duty of the board of health to visit or cause to l>e visited as frequently as it deem- m essary, all dairies supplying dealers and consumers in Salt Lake Citj with milk, and inspect and score the same according to the ■-core card authorized by the bureau of animal industry of the United State- Department of Agriculture, which is hereby made a part of this ordinance. A i the score card shall be left with the owner, and such information given .is will assist the pn the sanitary conditions <>r remedy Midi d< trd indie; A copy of the score card shall I of the board of health. Milk and cream from dairies falling : in the rating as indicated by thi ard will be i from sale in Salt Lake City dnr nd milk ream from dairies falling below fil eluded fn in Salt during the year 1910 and r : milk m dairies falling below sixty will me 1st, 1913. .. in the sale or distribul milk a delivery wagon or other all times clean and free from any laminate or injure the Ik. All butter that has been in cold sti ill have stamped in plain Utter- and en each In in the date when stored. by hin by hi- agents shall -ell. of with iiu 11 in Salt I mile-- the - all havi . roll. prii than one-half inch in he 1 tint ha the id and dairy commis by tl the S f I 'tali. I in an •he addil the r shall any 388 Milk and cream, as used in this ordinance, shall be deemed to be adulterated in any one of the following cases: (a) Milk containing more than eighty-eight per cent of water or fluids. (b) Milk containing less than twelve per cent of milk solids. (c) Milk containing less than three and two-tenths per cent of fats. id) Milk drawn from animals within twenty days before or five days after parturition. (e) Milk drawn from animals fed on distillery waste, or any substance in a state of fermentation or putrefaction, or any unwholesome food. (f) Milk drawn from cows kept in a crowded or un- healthy condition. (g) Milk from which any part of the cream has been removed. (h) Milk which has been diluted with water or any other fluid, or to which has been added, or into which has been introduced any foreign substance whatever. (i) Milk the temperature of which is higher than 55 degrees Fahrenheit, or which contains an excess of bacteria; provided, that the provisions of this subdivision relating to temperature shall not become effective before October 1. 1909: after that date, all milk found to have a higher tempera- ture than 55 degrees Fahrenheit, the commissioner or any officer of the health department may seize, denature and destroy. (j) Milk having a specific gravity of less than one and twenty-nine thousandths at 60 degrees Fahrenheit. (k) Milk containing any pathogenic bacteria. il) Milk containing any boracic or salycylic acid, for- maldehyde or other foreign chemical, or any preservative whatsoever. (m) Milk containing bacteria of any kind, more than two hundred fifty thousand per cubic centimeter. MM Milk drawn from any cow having a communii disease, or from any cow or cows in a herd which tains an) diseased cattle, or from a cow or cows in a herd the attendants of which are afflicted with or have b exposed to anj communicable disease. Any milkman, dairyman, being afflicted, or any mem- ber of whose family is afflicted with a communicable disease, shall report the same to the hoard of health within twenty-four hours after he knows or has reason to suspect such communicable disease, and said board shall take such steps as are prescribed by the local or state board of health for the prevention of the spread of said communicable disease by the said milkman, dairyman, his family, hired help or their family. No milk or cream shall he sold or dispensed as i 1 from any house, store, shop, dairy or other place, in which there is a case of contagious or infectious disease as .1 said, until all danger of nl 1 has hern rei and tission in writing is obtained from the hoard of health, authorizing the sale of milk or cream from said house, shop, or from said dairy or other plac No person shall store any milk in any basement, cellar. milkhouse, dairy or other place unless such place is well lighted and ventilated, and if such room or space is a cellar or subcellar or is located in a cellar or subcellar, the same shall he properly concreted, guttered and drain. No pers, ,n shall st,,re any milk in any basement, cellar. refrigerator, milkhouse. dairy, or other place which is within fifteen (15) feet of any closet or privy van' I or any horse or cow stable or any chicken or poultry yard or coop, . No pers, ,n shall bring into Salt Lake City for or sell, or offer for sale, or have in his .11 with intent to sell, milk from which the cream has been removed. either in whole or part, unless sold as skimmed milk, and unless on both sides of the vehicle from which such milk ild there is displayed in letters not less than four in 390 in height the words, "Skimmed Milk." If not sold from a vehicle, upon each and every vessel from which such milk is sold there shall be painted, at least two inches in height or displayed in plain and legible manner, the words "Skimmed Milk." No" person shall bring into the city for sale, or or offer for sale, or have in his or their on with intent to sell, an\ so-called skimmed milk containing than nine and five-tenths per cent of milk solids, and nol exceed an acidit) corresponding 3 C. C. of normal 1-10 solution of soda per 100 cubic centimeters if milk, and must be delivered to purchasers at the same temperature as provided in this ordinance i I milk. i; shall be unlawful for an) person to ship or trai i ity, for sale or deliver) - human !. any milk or cream except in sanitary I service containers unless the container in which tin shipped or transported is sealed with a suitable seal. .Manufacturers who make affidavit in the form to be prescribed by the board of health that the skimmed milk they handle will not be sold at retail as milk, but solely used for manufacturing purposes, shall lie exempt from the I in '\ isi< 'its. Any person who shall have in his possession with intent to sell, exchange or deliver skimmed milk, in any manner other than ;,- above prescribed, shall b< sub j ■ the same penalties as are provided for the sale of whole milk in quality contrary to this ordinance. No person shall bring into Salt Lake city or p, sell or offer for sale, or have in his p :ssion witli intent .to sell any cream to which an) n substance has been added or containing less than IS per cent butter fat. and when sold to any person, must be truly represented, as to it- being "coffee" or "whipping cream" with the acidity nol greater than 14 degrei The term cream, mean- that portion of milk represented in milk fat which rises to the surface of milk • 'ti standing 101 parated from it by centrifi ce and vvhicli and clean. All - of milk or cream taken or brought : if the board of health, by any ins analyzed "r otherwise satisfactorily tested, and when said milk or crcan: . shall be found violati any of the provisions of this ordinance, the nec< shall be taken for the ilating the same. An accur - and shall : i matter of public information. Sec. 92. Ice cream. All ii m main ty must confori standard- purity: All informing t" the standard In - terated. ntemplated in ih net made from cream and ral flavoring, and must if milk fat. Fruit i( a fn ugar, and sound ntain m \u; am as ! in tin d nuts, and shall ■ ; . that the sale of with gelatin i ■ 392 ice cream in any form at retail shall place conspicuously, within plain view of customers, a legible sign indicating the quality of ice cream in accordance with the above standards, so sold < >r dispensed in said establishment. Ice cream must be made and stored in sanitary premises. It must not be made or stored in living rooms. Strict precautions must be taken as to protection from contamination. Cases of infectious disease where ice cream is sold or manufactured must be reported. The name and address of the maker must appear on street barrows or ice cream carts. Sec. 93. Additional rules. The board of health shall have and is hereby given power to make such further rules and regulations as shall be deemed necessary by such board for the carrying out and enforcement of this ordinance, and all of the laws or ordinances relating to the public health in connection with restaurants, hotels, bakeries, slaughter houses, packing plants, confectionery or ice cream plants, or any place where any food or drink products are manu- factured, stored, deposited, sold or offered for sale. Sec. 94. Manner of marking milk wagons. It shall be unlawful for the owner of any milk wagon used in Salt Lake City for the delivery or sale of milk, to fail to have the name of the owner, the number of his permit, and the location of the dairy printed on said wagon in a conspicu- ous place, and in a plain and legible manner. Sec. 95. Milk to be graded. All milk held or kept for sale, offered for sale or sold and delivered in Salt Lake City, shall be so held, kept, offered for sale or sold and delivered under either or any of the following grades or designations and tinder no other and in accordance with such rules and regulations as may be adopted by the board of health. Sec. 96. Market or Class "C" milk. This term shall be applied to cows' milk which conforms to the requirements of Section 91 of this ordinance and which does npt meet the requirements of milk sold under other grades or designati herein provided for. Sec. 97. Selected or Class "B" milk. Is milk produced by dairies holding a special permit therefor from the board of health, and conforming to Sections 91 and 95 of this dinance, in addition to which, Such milk shall never contain i: n eighty thousand bacteria per cubic centimeter. (b) Such milk shall be delivered to the consumer onlj in bottles or single service containers sealed with a suitable cap. which shall have been filled at the dairy or creai and shall be labeled with the name of thi or creamery and the grade of milk. (c) Such milk shall be delivered to the consu within thirty hours after milking. Sec. 98. Class "A" milk. Is milk produced by dairies holding a special permit therefor from the board of health, and conforming to Sections ed for pasteurization that does not comply with the requirements of this ordin- for milk and cream, except that milk or cream from dairies scoring net less than 50 by the score-card and con- taining not more than 500,000 bacteria per cubic centimeter may be pasteurized. (b) Only such milk and cream shall be regarded pasteurized as has been subjected to a process in which the temperature and exposure conform to the following: Heated to one hundred and forty-five degrees Fahrenheit, and held at this temperature for twenty minutes, or heated to one hundred and fifty-five degrees Fahrenheit and held at this temperature for five minutes. (c) The pasteurized product shall lie cooled at once to a temperature of fifty-five degrees Fahrenheit or less. This cooling shall be -.,> ci inducted . that the pasteurized product is not exposed to the air or other contamination. (d) Pasteurized milk must be delivered to the con- sumer within forty-eight hours after pasteurization. (e) All bottles in which pasteurized milk is delivered to the consumer shall be plainly labeled "pasteurized." The labels must also bear the date and hour when the pasteuriza- tion was completed, the degree of heat, the length of time exposed to the heat, and the name of the dealer. (f) No milk shall In- pasteurized the second ti Pasteurized milk after leaving the pasteuri machine shall not contain more than fifty thousand per cubic centimeter. ih i Pasteurized milk must bi Fahrenheit up to the time of delh mer. Automatic temperature in the pasteuri; are ittached and kej health department. Applications for permits to pasteurize mil cream will not be received until all forms of appai connected with the preparation of milk m shall have been tested and tin- pi pproved by tin.- b health. \. B and C milk may be pasteurized cordii these regulal such pasteui bs \. B ami (' milk shall meet all the requirement these grades both before ami after pasteurization. I In and after June 1, 1913, milk or cream which has been heated in any degree will not b to be -'hi in Salt Lake City unless the heath rms with the requirements of tin- ordinance for the pasteui tion of milk. All permits for the sale of milk required by la ordinance anil heretofore issued by the board of health .•r the food anil dairy commissioner, -hall expire on the first 'lay of May, 1913, and annually thereafter the b ■ if health shall, subj the requirements of law and the ordinance- of the city, issue all such permit that all permits expiring December .^ 1 -t and extended by the provisions of tin- ordinal [uirements of law. the ru of health and the ordinan for and du the period "f time extended - - ■ ~ - " - - - - i - ! sd fooi ixs?Ecn : - - - ■ : - . ■ - - . - . - . . - - -" - " - . - - - - - - - - keey rs , - Sec. 102. San irked or 5 - - - - - - - - - - 398 shall be delivered to the person from whom the same is taken, and the other shall be taken by the person so procur- ing tli l- same to the board of health, for delivery to the city bacteriologist, the city chemist, or other competent person appointed for the purpose of making examinations or an- alysis of samples so taken. Sec. 103. When deemed adulterated. For the purpose of this chapter an article shall be deemed to be adulterated: In the case of foods : 1. If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength ; 2. If any substance has been substituted wholly or in part for the article ; 3. If any valuable constituent of the article has been wholly or in part abstracted; 4. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed; 5. If it contain any added substance or ingredient that is poisonous or injurious to health; 6. If it contain any added antiseptic or preservative sub- stance except common table salt, saltpeter, cane or beet sugar, vinegar, spices, or wood smoke: provided, that when in the preparation of f 1 products for shipment they are preserved '>v any external application applied in such a manner that the preservative i- necessarily removed mechanically or by macer- ation in water or otherwise, and the directions for the removal of said preservative shall he printed on the covering of the package, the provisions of this chapter shall he construed as applying only when the said products are ready for consump- tion. 7. If it consist in whole or in part of a filthy, decom- posed, or putrid animal or vegetable substance, or any portion of any animal unfit for food, whether manufactured or not, or if it is a product of a diseased animal, or one that has died otherwise than l>v slaughter; 399 8. [f it be sweetened b) saccharine or other artificial etening. In the ca [f ii contain terra alba, barytes, talc, chrome yellow, paraffine, or other mineral substance or poisonoi r. or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor, or compound <>r narcotic dn In the case of drugs [f its strength or purity fall below the professed standard cr quality under which it is - Sec. 104. Standard of wholesome food defined. Sale of unwholesome food prohibited. The standards of quality, purity and strength of food, liquors and drinks thai have been or shall hereafter be adopted by the L'nitei partment of agriculture, arc hereby decla the standards of purity and strength of foods, liquors and drinks in Salt Lake City, and said standards of quality, purity and strength of food, liquors inks adopted by thi lepartment of agriculture arc hereby made a pai this ordinance, except where otherwise particularly fied. It shall be unlawful for any person ti to be brought within the lin Salt Lake city. or hold for sale, or sell, or have in ■ her at wholesale or retail in any private or public mai >ther place in said city any meat, fowl, or fish that died b) or accident, or any arti. id intended for human sumption, except such as is healthy, fresh, sound, wh and safe for human i Sec. 105. Unwholesome food or drink, and sanitary con- dition of restaurants, hotels, etc. It shall be unlawful for the man : any hi r "ther public place whi iny clerk, agent "r servant the: drink, ^r t" be eaten '>r drunk 400 unwholesome substance; and whenever it is determined by said inspector that filthy or unsanitary conditions exist, or are permitted to exist in the operation of any hotel, restau- rant, saloon or boarding house, or other public place where food or drink is sold, or any place where any food or drink products are manufactured, stored, deposited, sold or offered for sale for any purpose whatever, the proprietor or proprie- tors, owner or owners of such restaurant, hotel, bakery, confectionery, or any person or persons owning or operating any plant where food or drink products are manufactured, stored, deposited, sold or offered for sale, shall be first notified and warned by the inspector to place such restau- rant, hotel, bakery, confectionery or ice cream plant, or any other place where food or drink products are manufactured, stored, deposited, sold or offered for sale, in a sanitary con- dition, within a reasonable length of time; and any person or persons owning or operating any such restaurant, hotel, bakery, confectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, de- posited, sold or offered for sale, failing to obey such notice and warning shall be guilty of a violation of this ordinance. "It shall be unlawful for any person affected with tuberculo- sis, syphilis, or any communicable disease to be employed in any bakerv, hotel or restaurant as cook or waiter or in any other capacity which requires the handling of food." Sec. 106. Sale of calf, pig or lamb under certain age prohibited. It shall be unlawful for any person to bring, or cause to be brought within the limits of Salt Lake City, or to offer or hold for sale as food within said city, any calf, pig or lamb or the meat thereof, which at the date of killing, being a calf, was less than four weeks old, or being a lamb, was when killed less than eight weeks old. or being a pig, was when killed less than five weeks old. Sec. 107. Sale of diseased cattle as food prohibited. It shall be unlawful for any person to kill or cause to be killed 401 for human food, anj cattle in anj feverish or diseased dition, and all such diseased cattle within the limits of Salt Lake City and the place where found, and their disease shall be at once reported to the board of health by the owner or custodian there, if, Sec. 108. Feeding swine on unwholesome food prohibited. 1 1 >hall be unlawful for any person owning swine to feed or permit the feeding of the same upon meat, bl 1 or entrails in a putrid or decayed state, or upon any f 1 c; lated to engender disease in the flesh of such animal. Sec. 109. Putrid meat, fish, game or fowl as food. It shall be unlawful for any person to hold for sale, offer for sale or luiy fur food, or sell, or have in his possession with intent to sell, or hold or keep in any market, public or pri- or in an) public place, any cased, blown, rai stuffed, putrid, impure or unwholesome meat, fish, garni fowl. Sec. 110. Unwholesome meat to be destroyed. It shall be unlawful for any person to expose for sale or sell in any market, house, shop, or elsewhere, any tainted, putrid or unwholesome meat or provisions; and it shall be and is hereby made the duty of the inspector to forthwith - and confiscate all such meat and provisions. Sec. 111. Water for drinking purposes. It -hall he unlawful for any person to allow to run or pass into any water pipe, any animal, vegetable or mineral substance whatever, or to do or permit to he done, any act or thing that will imperil the purity of any water used for drinking purpi Sec. 112. Ice. Application to sell. It shall be uu lawful for any person, firm ration t e in the business of retailing and selling any ice from hou 402 or to hotels, restaurants, saloons or other places where such ice, sip sold and delivered, may be used in contact with articles of food or drink ( which use is hereinafter referred to as "domestic use"), without first filing annually a written application with the board of health for a permit therefi r, stating in such application the place or places where such ice is to be. or has been cut or gathered, the means of delivery, the location of the storage thereof, or places from which such ice is to be delivered, and the quality of the ice intended to be sold. Such application shall lie verified by the oath of the applicant; or if the applicant is a firm or corporation. by the oath of a member of the firm or some officer of the corporation; and the person verifying shall state under oath that the matters stated in the application are true. Such application shall he likewise accompanied by a tie of five ($5.00) dollars, which upon issuance of the permit herein referred to. shall be by the board of health covered into the city treasury. Upon refusal of such permit by the board of health the fee deposited shall be returned to the appli- cant. Sec. 113. Standard for domestic ice. All ice to and delivered within Salt Lake City for domestic use. shall be pure and healthful ice, free from matter deleterious to health: and such ice i^ hereby defined to be ice which, upon chemical and bacteriological examination, shall be found free i nitrates, nitrites and pathogenic bacteria, and to contain not more than sixteen one-hundredths of one part of free am- monia, and nine one-hundredths of one part of albuminoid ammonia in one million parts, and in respect to which the loss on ignition shall he less than one-half of the total solids, and the oxygen consumed shall not exceed two and one-half parts in one million. Sec. 114. Sale. It shall be unlawful for an) person to sell or deliver any ice for domestic use. without first having obtained from the hoard of health the permit specified in 403 this chapter, and under any circumstai use, any ice which shall have been takei any lake, pond, river, stream or other body of water, wher ever located, which is defiled by sewage, garb hes, decaying vegetation, refuse or w; in\ indu iny other substances tending t" make water impure and unhealthful, according to the standard fixed bj tin- cha| Sec. 115. Inspection. It shall hi- the cl ihe said inspector t" examine, or cause to be examined, from tim< time, the places w\v tie and delivery within ity, and all places where such ice may be stored or kept, and e vehicle in which the same may be d part of oute from the place where it is gathct he final 'titer; and t>> examine nined from time to tin!- d or deliven livered, so far as he may deen rtain whether such ice is pure and healthful and matter deleter health, according tn I, and if, u] h examination, it shall he found that any person, firm • and distributed, or is selling and d< said standard, or an\ ■ the if this i n all shall be taken with the knowled Sec. 116. Impure ice for cooling purposes. ipter shall nol l> prohibit the r packing and i and d 404 purposes aforesaid, and for no other purpose, shall be first obtained in the manner and upon payment of the fee prescribed. Whenever any impure ice for packing or cool- ing purposes shall be sold or delivered from any wagon or vehicle, the driver or other person in charge thereof shall carry a supply of printed cards on which shall be printed in large, legible letters the words, "Ice for packing and cooling pur- poses only. Not for domestic use," and he shall hand with each delivery of such ice, one such card to each customer, or to the person who receives such ice, and shall take at the same time a receipt which shall be given him by such purchaser or recipient, on which receipt said words shall be similarly printed. It shall be unlawful to sell or deliver any ice for packing or cooling purposes without such permit, or other- wise than in conformity with the provisions of this section. SLAUGHTER HOUSES. Sec. 117. It shall be unlawful fur any person to slaughter any animal, or to erect or maintain any slaughter house or yard, or to engage in the business of slaughtering at any place within the corporate limits of Salt Lake City, or within r handled must be made watertight, properly drained and sewer connected. Sec. 118. It shall be unlawful for any person within the limits of Salt Lake Citj to engage in the business of slaugh- tering animals for food, packing them for market or ren ing the offal, fat, bones or scraps from such animals ' carcasses, or any animal matter whatsoever, or to engage in the manufacture the cleaning or rendering of intestines unless he shall hav< tained a permit from the board of health Sec. 119. (letted blood from slaughtered animals must not be allowed to flow into a sewer, but while still fresh ■ be treated so as not to become offensive. Sec. 120. All offensive odors arising from the handling of meat and treating of and caring for offal, bl 'her material Stored Or manufactured musl be cared for b) struction "r condensation and not allowed to escape into the ide air. Sec. 121. Persons in chargi iblishments musl cjtii r. be cleanly. The aprons, smocks, or "thcr 406 outer clothing worn by employes who handle meat or meat food products shall be of a material that i- readily cleansed and made sanitary, and only clean garments shall be worn. Persons who handle meat or meat food products shall be required to keep their hands clean, and they shall be re- quired also to pay particular attention to the cleanliness ol their bi lots or shi ies Sec. 122. Persons affected with tuberculosis or any other communicable disease shall not be employed in any of the departments where carcasses are dressed, meat is handled, or meat food products are prepared; and any employe of -mil establishment who may be suspected of being so af- fected shall be reported by the inspector to the manager of such establishment and to the board of health of Salt Lake City. Sec. 123. Butchers who dress or handle diseased car- casses or parts shall cleanse their hands of all grease and then immerse them in .a prescribed disinfectant and rinse them in clear water before dressing or handling healthy carcasses. All butchers' implements used in dressing dis- eased carcasses shall be sterilized either in boiling water or by immersion in a prescribed disinfectant followed by rins- ing in clear water. Facilities for such cleansing and disin- fection approved by the veterinary inspector shall be pro- vided by the establishment. Sec. 124. Separate sanitary truck-, which shall he ap- propriately ami distinctively marked, shall be furnished f< >r handling diseased carcasses and parts. Following the slaughter of any animals affected with an infectious disease a stop >hall be made until the implement- have been cleansed and disinfected, unless other clean implement'-- are provided. Sec. 125. Carcasses shall not be inflated with air from the mouth, and no inflation >•[ carcasses, except by median- ical means, shall be allowed. Carcasses shall not be with skewers, knives or other instruments that have I held in the mouth. Skewers shall be disinfected and cleaned before being used again Spitting on whetstom when sharpening knives shall nol be allowed. Sec. 126. Only good, clean and wholesome water an be used in the preparation of carcasses, parts, meat meat food products, and each establishment shall be supplied with a wati n furnishing hot and cold water under sufficient pressure to facilitate the cleansing of th< lishment and the maintenance of the same in a sanitar) dition. Sec. 127. When there is any doubt concerning the tary condition of the water suppl) or ice used in the slaugh- ter^ ssing or preparation of meat or meat f 1 prod- uct-, notice shall be immediately given to the I th. Sec. 128. 'The feeding of hogs or other air i the if slaughter h r other unwhole; -hall permitted, and no use in. ble with pr< n shall be made of any part of tl which such establishment • and alleys belonging I such shment, whether they are .un- tamed in a sanitary condition, and no nu allow ishment or on ii Sec. 129. All I ind dress partments in which meat, or n :ed, hand red Sec. 130. Pro| elm' -. -hall 1 408 Sec. 131. Wagons, cars or vehicles in which meat or meat food products are transported shall be covered and kept in a clean and sanitary condition. Sec. 132. It shall be unlawful for any person to sell, offer for sale, ship or bring to Salt Lake City with intent to sell, or have in his possession with intent to sell any meat or meat food products other than that bearing the official stamp of government inspection, or of the board of health of Salt Lake City, except as herein otherwise provided. Sec. 133. It shall be unlawful for any person to bring into the city for sale, offer for sale, or sell the meat of any cattle, sheep, swine, fish, game, fowl or poultry which is blown, tainted, heated, soured, raised, stuffed, putrid, or im- pure or which for any other reason is unfit for human food. Sec. 134. It shall be unlawful fur any person to bring into the city for sale, or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl or poultry which is diseased, unsound, unwholesome, or which for any other reason is unfit for human food. Sec. 135. It shall lie unlawful for any person to bring into the city for sale, or to sell, or offer for sale the meat of any cattle, sheep, swine, or game which, when killed, were within two weeks of parturition. Sec. 136. It shall be unlawful for any person to bring into the city for sale, or to sell, or offer for sale the meat of any cattle, sheep, swine, fish, game, fowl or poultry which may have died from accident or disease or which has not been properly killed or slaughtered, bled, cleaned and dressed. Sec. 137. It shall be unlawful to use any room or place for the slaughter or preparation for food of chickens, ducks geese, turkeys, game birds, or other fowls, unless the same 409 be provided with a cement floor at least ten by twelve feet in area properly drained and sewer connected. The n tacle for scalding shall be provided with a li i and pn vent. The coops of such establishment -hall be properly lighted, ventilated and kept in a sanitarj condition. Sec. 138. li shall be unlawful to use any building, room or place as a meat market, unless the same be provided with a refrigerator of sufficient capacity to handle all mi and meat food products held for sale, the same to be mam tained at a temperature of nol more than fifty-five deg Fahrenheit; such places shall be provided with suitable racks and receptacles for meats, and all utensils, hoi hangers, rack-, and dishes shall be kept in a sanitary condi- tii in. Sec. 139. It shall be unlawful for any person having or holding for sale the meat of any cattle, sheep, swine, fish, game, fowl, or poultry to fail to keep the place in which i meat is stored or offered for sale in a cleanly and wholesome condition, free from noxious odors. Sec. 140. It shall be unlawful for any person to permit the carcass or meat >>i any cattle. - -h. fowl, game or poultry to lie or hang, or be offered for tside of any market or similar place, or in any "pen window or doorway. Sec. 141. It shall he unlawful for any pel keep the carcass or meat .if any cat: vine, fish, fowl. game or poultry in any refrigerator or iceb itch refrigerator "r icebox he properly ventilated and maintained in a sanitary condition. Sec. 142. It -hall It unlawful for any person hold for sale, or offer for -ale, any catth fish, fowl, game or poultry, <>r tin- meat thereof, which I 410 condemned by a government inspector or by an inspector of the board of health. Sec. 143. It shall be unlawful for any person engaged in the handling or preparation of meats or food products to fail to keep their hands and clothing in a sanitary condition. Sec. 144. It shall be unlawful for any person to bring into the city for sale, or offer for sale, or have in his pos- on with intent to sell, or to sell, any carcasses, parts of carcasses, or meat food products which cannot by marks, brands, labels or transfer slips be identified as having been duly inspected and passed by an inspector of the board oi health, or by a government inspector. Sec. 145. It shall be unlawful for any slaughtering es- tablishment, or any person in charge of any slaughtering establishment, to suffer or permit to enter such establish- ment any carcass or parts of carcasses, or meat food prod- ucts which cannot by marks, brands, labels or transfer slips be identified as having been duly inspected and passed by an inspector of the board of health or by a government inspector. Sec. 146. It shall be unlawful for any person to carry or transport through any street, alley or thoroughfare the car- cass or meat of any cattle, sheep, swine, fish, game, fowl or poultry, except it be covered with a clean cover so as to be thoroughly protected from dust and dirt. Sec. 147. It shall be unlawful for any person to keep any cattle, sheep, swine, game, fowl or poultry in any place in which water, food and ventilation are not sufficient for the preservation of a healthy and safe condition. Sec. 148. Slaughtering of animals and preparation of meats and meat food products shall be conducted on week days, and shall be done within reasonable hours and with 5] except in certain ca- aughter ma inspector. Manager the in- aas bee: the hour in which it will bee Sec. 145. j or m inspector may designate the Sec. 150. all anii: nded for slaug:. ani; shall be ma mortem examination to be tion- :ned be. in the ear a me: tag Rejected.'" and as may be nece-- n: Hog cholera. nthra . - Mangt ly dippe Pneumonia, pleurisy, er metr - Tuber Hemorrrr Blad :i an advanc rece: 412 (n) Any disease or injury which, causing elevation of the temperature or affecting the system of the animal, will make the flesh unfit for human food. (o) Animals too young and immature to produce wholesome meat. (p) Animals which are badly bruised, injured, or show- tumors, abscesses or suppurating sores. (q) Animals too emaciated and anemic to produce wholesome meat. Such rejected or condemned animals shall at once be removed from the pens containing animals which have been inspected and found to be free from disease and fit for hu- man food, and shall be disposed of to the satisfaction of the veterinary inspector. Sec. 151. When animals are not inspected in the stock- yards the inspector in charge of the establishment shall care- fully inspect all animals about to be slaughtered in the pens of said establishment, and no animal shall be allowed to pass the slaughtering room until it has been so inspected. Sec. 152. Animals rejected when showing signs of prepa- ration for parturition shall not be slaughtered, nor for ten days after parturition. Pregnant and parturient animals may be removed by permit for stock or dairying purposes, except when they are affected with or have been exposed to the contagion of any disease. Sec. 153. The inspector shall carefully inspect at the time of slaughter all animals slaughtered at said establish- ment and make a post-mortem report of the same to the board of health. The head, tail, caul, or fat inclosed in the omentum of the animal and the entire viscera shall be re- tained in such manner as to preserve their identitv until after the post-mortem inspection has been completed, in order that they may be identified in case of condemnation of the carcass. Should the carcass of any animal on said 413 • post-mortem examination be found diseased or otherwise unfit for human food, il shall be marked with a condemna t ii in tag, the same to be attached with wire and sealed, and the diseased organs or parts thereof, if removed from the carcass, shall also be marked with a condemnation tag. The condemnation tag shall accompany the condemned carcass or its part-- into the tank. Sec. 154. All animals rejected on ante mortem examina- tion and all animal- passed mi ante-mortem examination which are slaughtered at inspected abattoirs, and are found upon posl mortem examination t<> In- affected with any other diseases or conditions named below, -hall be disposed of according to the following instructions. It is to be under- stood, however, that owing to the fact that it is imprac- ticable tn formulate rules covering ever} ind to desig- nate at just what stage a process becomes loathsome, or a disease becomes noxious, the final disposition of those not specifically covered by these rules will be left to the judg- ment of the chief veterinary inspi (a) I fog cholera. Carcasses showing well marked and progressive lesions of hog cholera shall be condemned. When the lesions in the carcass are slighl and confined to either the skin, kidneys, boi r lymphatic -land-, or to any combination of two of the organs, the carcass may be passed; provided, it is cut for packing pur- poses- (3) When the lesions are well marked in more than of the organs mentioned -kin. kidney-, bones, or lym- phatic glands), the entire earea-- -hall he condemned ami tanked for fertilizer. i4i Carcasses which reveal lesions more pronounced than those described tor car hat may he passed, but not so Severe as the lesions described for ear- he condemned and tanked for fertilizer, may be rendered into 37 414 lard, provided they are cooked for four hours by steam not lower than 220 degrees Fahrenheit. (5) In inspecting carcasses showing lesions of the skin, bones, kidneys, or lymphatic glands, due consideration shall be given to the extent and severity of the lesions found in the viscera. (c) Anthrax or charbon. All carcasses showing lesions of this disease, regardless of the extent of the disease, shall be condemned and tanked, together with the hide, hoofs, horns, viscera, fat, blood, and all the other portions of the animal. The killing bed upon which the animal was slaughtered shall be disinfected with a 10 per cent solution of formaldehyde, and all knives, saw>, cleavers, and other instruments shall likewis'e be treated before being used upon another carcass. (d) Rabies. Carcasses of animals which show symptoms of rabies before being slaughtered shall be condemned. (ei Malignant epizootic catarrh. The carcasses of animals affected with this disease and showing generalized inflammation of the mucuous membranes with an emaciation shall be condemned. If the lesions are restricted to a single tract, or if the disease shows merely local lesions, the carcass may be passed, after removal of all inflammed tissue. (f) Pyaemia and septicaemia. All carcasses showing lesions of either of these diseases, especially in connection with suppurative or gangrenous wounds, inflammatory phenomena, etc., shall be considered as highly dangerous, and shall be condemned. (g) Mange or scab. The carc\-^sc-- of animals affected with mange, or scab, in advanced stages, with indications of emaciation and malnutrition, shall be condemned. When the disease is slight and the carcasses are in good condition they may be passed. (h) Actinomycosis, or lumpy jaw. 415 I ■ It a carcass affected with actinomycosis or lumpy jaw is in a well nourished condition and there i- no evidi upon post-mortem examination that the disease has extended from a primary area of infection in the head, the carcass may he passed, hut head including the tongue should be condemned, (2) Carcasses of animals showing uncomplicated ! ized actinomycotic lesions other than, or in addition to tl specified in paragraph 1 of this section, may be passed after the affected organs and part- have been removed and d mdemned. Carcasses of animals showing the generalized actinomycosis shall be condemned. v i) Pneumonia, pleurisy, enteritis, peritonitis, and metritis. neral inflammation of the lungs, pleura, intestines, peritoneum, or the uterus, whether in acute or chronii form is sufficient to justify the condemnation of the car- casses so affected. (j) The carcasses showing sufficient lesions to warrant the diagnosis of Texas fever shall be condemned. (k) Tuberculosis. The following principle- are declared for guidance in ing mi carcasses affected with tuberculosis: Principle A. The fundamental thought is that meat should not be used for fund if it contains tubercle bacilli. If there is reasonable possibility that it ma> contain tubercle bacilli, or if it is impregnated with toxic substances of tuber- culosis or associated septic infections. Principle l'>. t m the other hand, if lesi localized and not numerous, if there is no evidence of distribution of tubercle bacilli through the blood, or by other means, to the muscles or to parts that may be eaten with muscles, and if the animal is well nourished and in mdition there is no proof or even reason to suspect that flesh is unwholesome. Principle idences of generalized tuberculosis are to be sought in such distribution and number of tuberculous lesions as can he explained, only upon the hypothesis of the 416 entrance of tubercle bacilli in considerable number into the systemic circulation. Significant of such generalization are the presence of numerous uniformly distributed tubercles throughout both lungs; also tubercles in the spleen, kidneys, bones, joints, sexual glands and in the lymphatic glands con- nected with these organs and parts, or in the splenic, renal, prescapular, popliteal and inguinal glands when several of these organs and parts are coincidentally affected. Principle D. By localized tuberculosis is understood tuberculosis limited to a single or several parts or organs of •he body without evidence of recent invasion of numerous 'acilli into the systemic circulation. The following rules shall govern the disposal of tuber- culous meats : Rule A. The entire carcass shall be condemned : (a) When it is observed before the animal was killed that it was suffering from fever. (b) When there is a tuberculous or other cachexia as shown by anaemia and emaciation. (c) When the lesions of tuberculosis are generalized as shown by their presence, not only at the usual seats of primary infection but also in parts of the carcass or the organs that may be reached by the bacilli of tuberculosis, only wdien they are carried in the systemic circulation. Tuberculous lesions in any two of the following mentioned organs are to be accepted as evidence of generalization when they occur in addition to local tuberculous lesions in the digestive or respira- tory tracts, including the lymphatic glands connected there- with: Spleen, kidney, uterus, udder, ovary, testicle, adrenal glands, brain, spinal cord, or their membranes. Numerous uniformly distributed tubercles throughout both lungs also afford evidence of generalization. (d) When lesions of tuberculosis are found in the muscles or intermuscular tissue or bones or joints, or in the body lymphatic glands as a result of draining the muscles, bones, or joints. 417 (e) When the lesions are extensive in one or both b cavities. (f) When the lesions are multiple, acute, and actively pr< igressive. Rule B. An organ or pari of a carcass shall ■ demned : (a) When it contains lesions of tuberculosis. i 1>i When the lesibn is immediately adjacent to the flesh, a^ in the ease of the parietal pleura or peritoneum, not i'iil\ the membrane or part affected l>ut also the adjacent thoracic or abdominal wall is to be condemned. (c) When it has been contaminate. 1 by tuberculous matter through contact with the floor, or soiled knife or ■ itherw ise. i d i All heads shi >v, ing shall be lemned. An organ shall be condemned when the correspond- ing lymphatic gland is tuberculous Rule C. The carcass, if tuberculous lesions are limited to a single or several parts or organs of the body (excepl noted in Rule At without evidence of recent invasion of tubercle bacilli into the systemic circulation, shall be passed : the parts containing the localized lesions are removed and condemned, in accordance with Rule B. Rule 1). Carcasses which reveal lesions more numerous than those described for carcasses to be passed (Rule C) but n,,t so severe as the lesions described for carcassi condemned (Rule Ai may be rendered into lard or tallow, it the distribution of the lesions is such that all parts taining tuberculous lesions can be removed. Such care. shall be coked by steam at a temperature not lower than 220 degrees Fahrenheit for not less than four hours. The vii all tubercular animals shall be demned. 1 1 1 Hemorrha. ticemia. 418 The carcasses of animals affected with this disease are highly unfit for food, as the specific bacteria are found in the blood, and therefore the meat shall be condemned. (m) Blackleg. The meat of animals showing lesions of blackleg is not wholesome. It rapidly undergoes putrefactive changes and develops an unpleasant, rancid-butter-like odor. Such carcasses -hall be condemned. (n) Pregnancv and parturition. Carcasses of animals (cows, sows, ewes) in an advanced state of pregnancy, or which recently gave birth to young (within ten days), shall be condemned and rendered into grease. (o) Any disease or injury such as traumatic pericarditis, generalized melamosis, pseudo leukemia, etc., which causes elevation of temperature or affects the system of the animal. shall be considered as sufficient cause for the condemnation of the carcass. (p) Carcasses of animals too young and immature tc produce wholesome meat, all unborn and stillborn animals, also carcasses of calves less than four weeks old, pigs less than five weeks old. and lambs less than eight weeks old, -■hall be condemned. (q) Carcasses of animals too emaciated or anaemic to produce wholesome food, or those carcasses which show slimy degeneration of the fat or a serous infiltration of the muscles, shall be condemned. Any organ or part of a carcass which is badly bruised or affected by malignant tumors, abscesses, suppurat- ing sores, tapeworm, cysts. or liver flukes, shall be condemned. (s) Caseous lymphadenitis. When the lesions are limited to the superficial lymph glands or to a few nodules in an organ, involving also the adjacent lymph glands, and the carcass is well nourished, the meat may be passed after destroying the affected parts. If extensive lesions with or without pleuritic adhesions, Found ni the lun nodules, or tl inic, it shall be cond iria. Ill' with tin- '! luld lidered in the sam< vith us ii'vcr, and -hall 1>< ned. 1 11 1 II with urticaria (diamond -km tonsurai folliculorum erythi iter detaching iking the skin, if tl - otherv r food. i [cteru an inten discoloration after pn iling -hall ' carcasses which exhibit a yellowish tint directly ighter, I. nt los '"ration on chilling, may for food. (w) Uremia. vhich gi II be lemned All animal- that die in th< i -hall bi a- -pen: ondemned anin In all ca>e< whi ins of i ted |>art- must tanking ilemnation tag i- taken from the can Sec. 155. All inspected ab -hall pn ni in which held until -itch tin,' furnished bj the health offi< e, tl remain in thi • length I 420 to tank condemned carcasses regularly on the day of their condemnation, such condemned carcasses shall be saturated with kerosene, as described below, and locked on the rail pending their final disposition. Sec. 156. All condemned carcasses and parts shall be tanked as follows: After the lower opening of the tank has been sealed by an inspector, the condemned carcasses and parts shall be placed in the rendering tank in the morning, and immedi- ately a sufficient force of steam shall be turned into the tank to destroy effectually the meat for food purposes before the killing for the day is completed : or the con- demned portions may be placed in the tank at the close of the day, or when killing is suspended, and both ends of the tank sealed, after which steam shall be turned into the tank until the meat is destroyed. Wire and lead seals shall be provided by the health office for sealing tanks. (a) A sufficient quantity of low grade offal (uteri, floor scrapings, trimmings from gutters ami benches, skim- mings from catch-basins, unemptied intestines, omassa, paunches emptied but not washed, etc.). shall be tanked with all condemned carcasses (except those tanked for lard) to effectually render the ultimate product unfit for human food, or if such offal cannot be obtained, the carcasses may be thoroughly slashed with a knife, then saturated with kerosene and placed in the tank. ili) The seals of tanks containing condemned material shall be broken by an inspector, when the tank is emptied during regular hours, and at other times satisfactory arrange- ments for the breaking of such seals shall be made with the inspector in charge. Sec. 157. When an establishment has no facilities for thus destroying condemned carcasses, such carcasses shall be removed from the premises upon numbered permit, issued by the inspector in charge, to rendering works 421 designated by him, and there destroyed under his su| vision in the manner described above. Sec. 158. Carcasses maj be tal ing room after marking with the c lemnation card, in cases where only a portion of the carcasses is condemned, and when such portion cannot be removed without damage to the can until it is properly chilled. After chilling, the condemned portions shall Ik- em out and removed to the tank or t" the retaining room, as for whole carcasses. I demned parts that can be removed without damage to the carcass shall be tanked as described above. Sec. 159. All condemned carcasses and parts shall be disposed of only in the presence of the inspector, and the report of the disposition shall be made by him upon the blank form provided therefor. Sec. 160. All carcasses or portions thereof that are condemned by the inspector shall be disposed of or rendered unfit for food in any manner thai the inspector shall indii In case any person fails to comply with these instructions, the board of health shall have the power to revoke his permit. Sec. 161. No person shall remove ta.u r ~. labels, or brands from the condemned carcasses or parts then Sec. 162. Carcasses or part which an establishment shall be marked by the ins with the numbered label or brand issued by the health officer For tin- purpose, and a record of the same shall bi the health off Carcasses or parts of carcasses which go into the cutting; room of an abattoir or are used for canning pur- poses shall not be labeled. Those which ai from one abattoir to another for canning purposes shall not be labeled. 422 (b) Managers of abattoirs shall give due notice to the inspector or his assistant of all intended shipments and of all expected receipts of meat in cars, and no meat or meat products shall be received at an establishment unless the inspector or his assistant has full knowledge concerning the same. (c) The seals upon cars in which meat is received at abattoirs may be broken when it is necessary to unload such cars during the absence of the inspector or his assist- ant ; provided, the seals which are broken, together with a memorandum of the initials, number and contents (pieces and weight) of such car be properly delivered by the owners or managers of the abattoir to the inspector or his assistant. Sec. 163. Each article of food product, whether in cans, barrels, firkins, kits, boxes, canvas, or other wrappers, made from inspected carcasses, shall bear a label containing the official number of the establishment from which the product came, and also a statement that the same has been properly inspected. Sec. 164. No stamps, tags, labels, etc.. shall be allowed to remain loose about the abattoir or office, and the in- spectors are instructed to use such additional safeguards as in their judgment will be necessary properly to account for every stamp, tag, label, etc., issued, and to have the work of affixing so carefully supervised that nothing but inspected products will be marked. (a) Any stamps, tags, seals, or labels, damaged or not used shall not appear upon the reports as having been affixed to inspected articles, but shall be returned to the inspector in charge and report made as to the reasons for their return. (b) No meat or food product shall contain any sub- stance which lessens its wholesomeness, nor any drug, chemical or dye (unless specifically provided herein), or pre- servative, other than common salt, sugar, wood smoke, 423 vinegar, pure spices, and saltpeter. Inspection and sampling of prepared meats and meat food products by empli of the board of health shall be conducted in Mich a manner and at such time-* as may be necessary to secure a rigid enforcement of this regulation. Sec. 165. Reports of the work of inspection carried on in every establishment shall )>e daily forwarded to the health office by the inspector in charge, on such blank forms and in such manner as may be specified by the board of health. Sec. 166. The chief veterinary inspector shall promptly notify the board of health of any changes in the firm names of establishments Sec. 167. Whenever an abattoir suspends operations the inspector shall promptly notify the board of health. Sec. 168. When veal "r spring lambs have Keen slaugh- tered by any fanner on a farm, and the carcasses or par' carcasses are shipped or brought into Salt Lake City For the purpose of sale, before being sold or used for human food, they shall be inspected and passed as provided by this i irdinani Sec. 169. Carcasses of 1ml;- slaughtered by any farmer on a farm, which have not been killed under government of city inspection, may he admitted into the city when the head and all viscera except the stomach, intestines and bladder held by natural attachment-, such carcasses -hall he inspected and passed if found free from disease and fit for human t The regulations eat inspection of the United State- department of agriculture, a- amended and effective May 1-t, 1908, in so far a- the - ible, shall be tin standard government meat in Lake City, except as in this ordinance oth< 424 Sec. 170. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding Fifty Dollars, or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. DIVISION OF WEIGHTS AND MEASURES AND OIL INSPECTION. Sec. 171. Duties. It shall be the duty of said inspector and sealer to mark and seal with a stamp, or by pasting a card thereon as he may deem best, all weights and meas- ures, scales, beams and other weighing instruments, which he shall find to conform, or which shall be so adjusted as to conform to the established standards. It shall be his duty, and he is hereby authorized to inspect and ex- amine, at least once in each year, and as much oftener as he may think proper, all weights, measures, scales, beams, steelyards or other weighing instruments used in said city for weighing and measuring as aforesaid, and he shall deliver to the owner thereof a certificate of the accuracy of such weights and measures as shall be found to be cor- rect, or shall be rendered correct ; and it shall be unlawful for any person to refuse or fail to exhibit such weights, measures, scales, beams, steelyards or other weighing instruments to the said inspector and sealer for the purpose of examination and inspection as aforesaid, or to obstruct him in the performance of the duties imposed upon him by ordinance. It shall be his duty to keep a record of all scales, beams, steelyards and other machinery or appliances used for weighing or measuring, by him tested, sealed, adjusted, repaired or made to conform to the established standards as provided in this chapter, together with the name of the owner or owners thereof, the time when so • sealed, adjusted, tested, repaired or i the established standards, and tin- amount of mi charged and collected by him for such services, which r< ■• shall at all times be sub the inspection of the board iioners and city auditor. Sec. 172. Weights and measures to be sealed. person using weights, measures, scales, beams, steelyards, patent balances, automatic or other computing scales, or "titer weighing, measuring or computing instruments or appli- ances, in weighing or measuring, or computing the selling urchasing price of any article offered for sale, or intended to be purchased or sold within this city, or in the measure- ment or weight, or the computation of the selling or pur- chasing price in which any person or the public is interested, shall cause each and ever) of -aid instruments or appli- ances to be sealed and marked before using the same, and annually thereafter by the sealer of weights and i and oil inspector; and it shall be unlawful for any p or permit to be used any such instruments or appliai not so -ealed or marked as aforesaid, or to use or permit to be used in buying, selling, weighing r in computing, any false weights, measures, scales, beams, steel- yard-, patent balance-, automatic or other computin or other weighing, measuring imputing instrument appliances, whether the same have been inspected and -ealed as aforesaid or not. Whenever am person -hall change his . all instrument- and appliance- herein named shall be inspected, sealed and marked within six da> such change has been made. Sec. 173. Condemning weights and measures. If the sealer of weights and measure- shall find that an\ w< measure: :ale beam-, patent balai or computing are incorrect, inaccurate or unreliable, each 426 shall be marked "condemned." The owner of any con- demned weighing instruments shall, within ten days there- after, have the same corrected, and shall not use the same until approved by the sealer of weights and measures. Sec. 174. Scales on ice wagons. All corporations, firms and individuals, who shall now, or who may here- after be engaged in the business of selling ice within the limits of the City of Salt Lake, in quantities of less than one thousand pounds, and delivered at any one time to any one customer, whether such ice shall be intended for domestic use or for cooling purposes, shall keep on each and every one of its wagons a standard pair of scales, suit- able and proper for weighing ice, and each such corporation shall deliver to each purchaser not less than the exact quantity called for; and all ice within the limits of Salt Lake City shall be sold by avoirdupois weight. Sec. 175. Ticket. Weighers. Any person, firm, as- sociation or corporation selling or offering for sale within this city, any coal, or coke, or hay or straw, baled or loose, and every officer, agent or employe of such person, firm, association or corporation, shall, on demand of the sealer of weights and measures of said city, deliver to him or his deputy a ticket of the weight of any such commodity which is to be delivered by any such person, that said weight may be verified. The said ticket of weight shall contain the net, tare and gross weight of said load. It shall thereupon be- come the duty of the person, agent or employe delivering such commodity, upon demand of said sealer of weights and measures, or his deputy, to convey the same forthwith to a public or private scale to be selected by said officer, and permit the weighing of said commodity, together with the conveyance and equipment, for the purpose of ascertaining the gross weight thereof, and shall after the delivery of such commodity return forthwith with the conveyance and equip- ment used in the delivery of such commodity to the same 427 scale and permit the weighing oi said conveyance and equip- ment, fur the purpose of verifying the nel weighl of said commodity as shown by said ticket. Sec. 176. Weighing or measuring instruments to be reported. Every person applying for a license to engage in any business requiring the weighing or measuring of articles to be sold or purchased in this city, shall, within two days after the date of said application, report to said in .md sealer of weights and measures, the number, kind and. citj of each, every and all weighing or measuring instruments intended to be used in said business. Sec. 177. Peddlers and hawkers. All itinerant peddlers, hawkers and ice dealers using measures, scales, balances, steel- yrards or anj other such instrument, shall take the same to the ce of said inspector and sealer before using, and have the same inspected, tested and sealed. Such itinerant dler, hawker or ice dealer shall present the certificati the said inspector and sealer that the measures, scales, ances, steelyards or other such instrument- to be used by them are accurate, and no license shall be issued to such itinerant peddler, hawker or ice dealer except on the presentation of such certificate. It shall be unlawful for any itinerant peddler ■ >r hawker to use any ice scales. Sec. 178. Standard of weights and measures. There is hereby established within Salt Lake City, a standard "t weights for the sale of all commodities, and it shall be unlawful for any person, firm, association or corporation to sell >>r offer for sale in this city any commodity which is not in conformity a> to weight with such standard. When any commodity is purchased or sold by the ton, pound, half-pound or quarter-pound, each ton, pound, half- pound or quarter-pound shall contain respectively the fol- lowing number of pounds and ounces avoirdupois weight, and grains Troy weight : 428 A ton shall consist of 2,000 pounds avoirdupois weight ; a pound shall consist of 16 ounces avoirdupois weight, or 7,000 grains Troy weight; a hall-pound shall consist of 8 ounces avoirdupois weight, or 3,500 grains Troy weight ; and a quarter-pound shall consist of four ounces avoirdupois weight, or 1.750 grains Troy weight. When any commodity other than is herein specified is sold within Salt Lake City, the exact weight of such com- modity so purchased or sold, shall be plainly marked on the container of such commodity or on the bill rendered for the same. It shall be unlawful for any person, to sell or offer for sale in this city, fruits or vegetables in bulk or loose packages otherwise than by weight upon officially tested and approved scales. Apples may be sold by the box, provided they are tiered and packed in standard boxes of not less than the following dimensions: 1 1 x S inches wide. 11 inches deep, 18; 2 inches long, containing not less than 2340 cubic inches. Strawberries, raspberries, dewberries, blackberries and loganberries shall be packed in quart cups containing not less than twenty-one (21) ounces net. or in pint cups con- taining not less than IO3/2 ounces net. Oranges, lemons, grape fruit and peaches shall be sold by count. All peaclus packed in boxes for the market shall have the total count of the box plainly marked on the out- side thereof and shall be of uniform size throughout. Concord grapes may be sold by the basket, and each basket with its contents must weigh not less than seven pounds. Bunch goods, such as lettuce, carrots, beets, radishes, green onions, bananas, etc., shall be sold by count. Sec. 179. It shall be unlawful to use berry cups, boxes, crates or sacks a second time as receptacles for fruit < it- vegetables, or to use unclean or unsanitary crates, boxes or sacks Sec. 180. Ii shall be unlawful for any person to sell or offer for sale in Salt Lake City coal by tin- sack or bag, or hay by the bale without having the net weight of said coal or hay stamped, printed or written on a tag attached to said sack or bag containing coal, or attached to said bale of hay. It shall be unlawful for any person to refuse to weigh any package or receptacle containing any article or pi erty herein referred to, sold or offered for sale, upon demand of the sealer of weights and measures so to do. Sec. 181. Fees. The fees collected ices by said officer under this chapter, shall be by him covered into the city treasury monthly, and shall be accounted for in full; for each settlement he shall take front the treasurer dupli- cate receipts, one of which he shall file with the city auditor Said inspector and sealer --hall collect for each examination, ing and certifying as hereinbefore required, the following fees, which shall be collected from the ownei owners of the weights, measures, or other arti ted: For any steelyard or beam, ground, floor platform or other scales by which may l>e weighed not exceeding 300 pounds Any such instrument by which may be weighed over 301 pounds and not exceeding < J k » pounds t Iver <>ol pounds and less than 10<>0 pound- ■ lool pounds and n pounds 1.50 I Iver 2501 pound- to 8000 pounds Wagon scales, 8001 to 20,000 pounds Vbatti kir > ■ erhead track Railroad track - any yardstick, dry or liquid measun "-I" Provided that two or m< 1- in length marked on a counter shall be, each For any nesl For any measuring tank.... 28 430 And the weights attached to any scale shall, as to the tee to be collected by such inspector and sealer, be consid- ered a part of the scales. It shall not be lawful for said inspector and sealer to collect or receive the aforesaid charges more than once in each six months from the same person for the same instrument, unless such instrument is found to be out of order, nut conformable to the standard, or in case of change of place of business; but no charge shall be made for testing any measure or vessel for which a fee has once been paid to an inspection officer acting under and by authority of this ordinance, and which bears the stamp or brand of such inspection. Sec. 182. Second-hand dealers. Second-hand' dealers and dealers in second-hand scales having in their possession any articles required by this chapter to be examined and tested, shall, before selling or delivering such articles to the pur- chaser, procure from said inspector and sealer and deliver to the purchaser a certificate of their accuracy. Sec. 183. Standard of liquid measurements. The stand- ard of liquid measurements of all liquids sold within Salt Lake City shall be as follows: A gallon shall contain 231 cubic inches, a half gallon 165.5 cubic inches, a quart shall contain 57.75 cubic inches. a pint shall contain 28.875 cubic inches, a half pint shall contain 14.4375 cubic inches, a quarter pint shall contain 7.21875 cubic inches. When any liquids are sold within Salt Lake City, the exact quantity of the contents shall be plainly marked or stamped upon the containers or packages in which the liquids are sold. It shall be unlawful for any person to vend or sell any liquids within Salt Lake City in containers or packages, by liquid measurements, unless such containers or packages conform to the standard of liquid measurement and are marked or stamped as herein provided. 4.U Sec. 184. Unlawful to refuse to pay fee. It shall be im lawful for any person to fail, neglect or refuse to pay said inspector and sealer the inspection author- ized by this chapter, and it shall be the duty of every such person to pay the same immediately t" said inspector and sealer where the test has been made, or at his office. Sec. 185. Keeping weighing instruments not conformable to standard prohibited. It shall be unlawful for any person to use, to keep or permit ;it his place of business where articles t.> In- bought or sold, or offered or exposed i"i an- weighed or measured, or upon 1 1 i -— wagon or other vehicle used in his business of weighing or measuring articles to be bought or sold, any weight, measure, scale, beam, patent balances, steelyard or other instrument which lias nol been sealed as provided in this chapter, or which does not conform to the standards of Salt Lake City, or the State of Utah, or which shall be out of order or incom It shall also be unlawful for anj person to keep, have, make nr sell any short measure, mould or weight which pre tends or purports to be a measure, mould or weight for a greater quantity than it actually is. The sealer of weights and measures may confiscate any measure not conforming to the requirements "t this chapter. Sec. 186. Dealers in oils. Test. Measures. Adultera- tion. It shall be the duty of every person, firm or corp tion delaing in illuminating oils in Salt Lake City, to give notice t" said inspector of oils and sealer of weights and measures of an\ such oil in his p n n<>t theretofore in- spected l>> said officer, within two days after th< -hall have been received into hi- ' ii \ud it shall be un- lawful for any dealer to refuse, neglect "r fail I such notice, or t'> refuse to permit said officer on demand to inspect any illuminating "il not previousl) insp* \nd it shall be unlawful for any person, firm oi sell or offer for -ale for illuminating purpo 432 or petroleum oil, or any fluid, oil or substance which is the product of petroleum, or into which petroleum or any prod- uct of petroleum enters, or is found as a constituent ele- ment, that will emit gas or vapor which will ignite at any temperature below 110 degrees Fahrenheit, upon a test to be made as follows : Before offering any such fluid or sub- stance for sale, said person, firm or corporation shall place not less than one-half pint of the same in a vessel which shall be free from all other substances, and of such dimen- sions as that the surface of the fluid shall not exceed four square inches ; that there shall then be placed in said fluid or substance a Fahrenheit thermometer in such manner that the same will indicate the temperature of the same ; that said fluid shall then be gradually heated at not less than two degrees Fahrenheit per minute, to a temperature at which the same will emit a gas or vapor which will ignite when brought into contact with fire; that the gas or vapor from said fluid or substance shall be frequently tested with fire during such heating, and in such manner as to ascertain the exact temperature at which such fluid or substance will give off a gas or vapor which will ignite by the application of fire, and if gas or vapor from such fluid or substance ignites be- fore the said fluid or substance shall attain a temperature <>i 110 degrees, Fahrenheit, the fluid or substance, a sample of which is so tested as aforesaid, shall come within the inhibi- tion of this section, and shall not be sold or offered for sale for illuminating purposes. And it shall be unlawful for any person, firm or corporation to use the same vessel or meas- ure for measuring to purchasers both illuminating oils and gasoline. And it shall also be unlawful for any person, firm or corporation to sell or offer for sale, or to have in his. her, their or its possession with intent to sell, any illuminating oil which is adulterated with paraffine or other substances, and which, in consequence of such adulteration, will emit a vapor or gas which will ignite at a temperature of less than 110 degrees Fahrenheit, upon a test made as provided in this section. ♦33 Sec. 187. Inspector of oils. Duties. Tests. It shall be the duty of the inspector of oils and sealer of weights and measures, when notified to inspecl all such oils as promptly .1-. possible thereafter, and to reject for illuminating purpo all such oils as will emit a combustible vapor at the tempi hire of less than 110 degrees Fahrenheit, by the test provii Said officer shall mark plainly and indelibly on each cask, barrel, package or other receptacle, "Approved Flash Being 110," if such oil shall meet such requirement, with his name and title of office; but if said oil so tested shall nol meet said requirement, then such officer shall mark plainly indelibly on each cask, barrel, package or other n tacle containing the same. "Ke r Illuminating P poses," together with hi- name and title of office. All line, however confined, shall he inspected by said of- ficer, and each cask, barrel, package or other receptacle containing the same -hall be by -aid officer plainl) and indelibly marked, "Rejected for Illuminating Purpo gether with his name and title of office. Said officer shall record each inspection within twenty-four hour-, in a book prepared for the purpose, which shall be open tor inspection to all persons interested. Sec. 188. Fees as oil inspector. For service- performed in inspecting oils a- aforesaid, the inspector of oils ami sealer of weights and measures shall collect in advance from the person owning the oil inspected, for the use and benefit of the city, the following lee-, to wit: For all oils and gasoline in barrel- or tank car-, one-fifth of a cent per gallon, for "il- in cases, one '1> cent per gallon; for lots from one gallon to twenty-five gall three-fourths .if a cent per gallon for all lot- from twenty five gallons to fifty gallons; one-half of a cent per gallon for all lots over fifl ns. Thi nicer shall a correct account of all fee- collected, and such fees -hall be by him covered into the city treasury "ti the fir-; Moti 434 following their collection, and must be accompanied by a statement thereof duly verified by said officer. Sec. 189. Inspector not to trade in illuminating oils. It shall be unlawful for the inspector of oils and sealer of weights and measures during his term of office, to buy. sell, bargain or trade, directly or indirectly, in any illumi- nating oil. Sec. 190. Dealers prohibited from selling illuminating oil below standard. It shall be unlawful for any person or dealer to sell, or offer for sale, to any person in this city, any illuminating oil. which shall be below the approved standard as hereinbefore indicated and determined, or before the same shall be inspected and approved ; or for any dealer or inspector to falsely brand any cask, barrel or package containing illuminating oil, or procure the same to be done, or to use any cask, barrel or package having the inspector's brand thereon, and the oil therein not to have been inspected as hereinbefore provided. Sec. 191. Penalty. Any person violating any of the pro- visions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may \ircct. arc. and each of them hereby is declared to be detrimental to the health, peace and comfort of the inh itants of this city, and a-~ such each of them is hei declared tO he a nuisance. Sec. 201. Dirt, waste, rags, casks. Whenever there shall be found in or about any lot or piece of ground any dirt gathered in cleaning yard-, waste of mills or factories, or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive nr tend to decay, to become putrid, or to render the ati phere impure or unwholesome, the same shall be deemed a nuisance, and it shall be unlawful for anj person occupying or owning such premises to Fail e the same. Sec. 202. Bone crushing, glue making, etc. The b ness of bone crushing, bone boiling, fat boiling, u'nt clean ing, or the making of glue, or the manufacture of fertili material from any dead animal, or part then ing of offal, swill, fat or gri carried on in an offensive, unclean or defective manner in any building, yard or lot of ground within the limits of Lake City, shall be deemed a nuisance, and it shall be unlaw- ful for the owner or manager of any such business to fail to abate the same. Sec. 203. Soap, candle, oil, glue factory. It shall be unlawful for the owner or occupant of any soap candle factory, glue factory, p"rk house, lard h laundry to permit the same to remain unclean, oi his business •■ < the annoyance of thi Sec. 204. Offensive liquid or refuse. I; shall be un ful for the owner iny distillery, brew 438 tannery, hide house, pork house, laundry, fish house, soap factory or an}' yard, dwelling, store or factory, or any yard or enclosure of any kind whatsoever, to place, conduct or discharge into or on any street, alley, sidewalk, gutter, water ditch or canal, or any vacant lot, any filthy or offen- sive water, liquid waste, refuse or discharge of any kind which is offensive or liable to become so Sec. 205. Brewery, tannery, barn. It shall be unlawful for the owner or occupant of any brewery, distillery, tan- nery, livery stable, barn, laundry or factor) of any kind, place or premises, to permit the same to become noisome, foul or offensive. Sec. 206. Dead animals. It shall be unlawful for the owner of any animal that shall die or be killed within the limits of Salt Lake City to fail to remove the carcass of such animal within three hours after its death to a place desig- nated bv the board of health. Sec. 207. Unsound food or offensive matter. It shall be unlawful for any person to throw, place or conduct into or upon any street, alley, lot, or into any aqueduct, ditch, gutter or canal, any putrid or unsound meat, fish, hides or skins of any kind, or filth, offal, dead animals, vegetables, or any unsound or offensive matter whatsoever; provided, however, that this section shall not apply to the spreading of manure upon land for the purpose of fertilizing the soil. Sec. 208. Putrid fat, waste paper, old clothes. It shall be unlawful for any person to keep, collect or use or permit to be kept, collected or used in any manner detrimental to health, any stale, putrid or noisome fat, grease or other offensive matter, or to throw or place in or on any street, alley, sidewalk, gutter, ditch, aqueduct, canal or vacant lot. anv waste material. Sec. 209. Acts and omissions deemed a nuisance. Every or thing done or made, permitted, alfowed or contin in violation of the preceding sections of this chap shall be deemed a nuisance. Sec. 210. Health commissioner to abate. In case "i neglecl or refusal of an\ person to abate am nuisance fined by this chapter, after notice in writing has been served upon him, as provided in Section 2\2. and within the ti in said notice specified, it is hereby made t ho duty of the health commissioner to abate or procure the abatement thereof, and tin- expense of such abatement shall be col- lected from the person so offending. Sec. 211. "Author of nuisance" defined. Where a nuis- ance exists upon property, and is the outgrowth of the usual, natural or necessary use of tin- property, tin- land lord tin: in. the truant, <>r hi- agent, and all other persons having control "i the propert) on winch such nuisance cxi-ts. -hall Ik- deemed t" It tin- authors thereof, and shall he equally liable therefor; hut when- any such nuisance --hall arise from tin.- unusual or unnecessar) usi which such propert) maj be put, or from business thereon lucted, then the occupants, and all other persons tributing to the continuanc such nuisance, shall be deemed the authors then Sec. 212. Notice to abate nuisance. In order to b< carry out the provisions of 1 1 1 i — chapter, the health commis- er may -cr\. <■ in writing, upon the ownei pant or if any lot, building or premises in "r upon which any nuisance may be found, or upon him who be the cause of such nuisance, requiring him : same in such manner as the health emu and within a reasonable tin; ! in the and failure t" give a noti provided herein shall the author of any nuisance from the oblij 440 such nuisance, or from the penalty provided for the main- tenance thereof. Sec. 213. Duty and power of the health commissioner. It shall be the duty of the health commissioner to ascertain and cause all nuisances declared to be such in this chapter to be abated, and he shall have authority, either by himself or by his agents or deputies, in the day time, to enter any house, stable, store or any building, in order to make a thorough examination of cellars, vaults, sinks or drains ; to enter upon all lots and grounds and cause all stagnant waters to be drained off, and pools, sinks, vaults, drains, holes or low grounds to be cleansed, filled up or otherwise purified, and to cause all noisome substances to be abated or removed. Sec. 214. Flies. It shall be unlawful for any person to suffer or permit, or have upon his premises, whether owned or occupied by him, either one or more of the following unsanitary, fly-producing, disease-causing conditions, to wit: First — Manure which is not securely protected from flies: Second — Any privy, vault, cesspool, sink, pit or like place which is not securely protected from flies; Third — Garbage which is not securely protected from flies ; Fourth — Vegetable waste, trash, litter, rags or refuse of any kind, nature or description in which flies may breed or multiply. SMOKE NUISANCE. Sec. 215. Smoke niusance defined. The emission of dense or thick, black or gray smoke or cinders from any smokestack or chimney used in connection with any stationary engine, locomotive, steam boiler or furnace of any description, within the limits of the City of Salt Lake, shall 441 be deemed, and is hereby declared to be .1 public nuisai provided, that nothing in this ordinance shall be construed .1- applying to the chimneys of 111111(1111-- used exclusively for private residences. Sec. 216. Who deemed guilty. That the rent, lessee, or occupant of an} building of any description from the smokestack or chimney of which there shall issue or In- omitted thick or delist- black or gray smoke or cind within the City of Sail Lake, shall be deemed and held guilty of creating a public nuisance, and of \ i< >1 :i t i 1 1 ur the provisions of this ordinance. Sec. 217. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding Fifty Dollars by imprisonment in the city jail for a period not longer than thirty days. The court may. in impi >sing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. MISCELLANEOUS HEALTH LAWS. Sec. 218. Drinking cups. It shall be unlawful for any son to keep or provide or suffer or permit to be kept for use in common, any drinking vessel in any raili station, public or private school, public play ground, pi park, public building or in any other building or premi to which the public is admitted Sec. 219. Spitting. Washing. Drinking fountains. It shall be unlawful for any person to expi perform any ablutions in. upon. at. or near any pu drinking fountain. Sec. 220. Construction of wells. It shall be unla for any person met or 1 - l,1 . v 44i well within the city limits, unless such well is piped with iron and sunk either below an impermeable stratum or formation, or to a depth of not less than seventy-five feet ; provided, however, that nothing herein contained shall be deemed to apply to artesian wells. Sec. 221. Condemnation of wells. The health commis- sioner, after analysis of the water of any well used for potable or culinary purposes, may condemn and prevent the use of such water if the same shall be detrimental to health. Sec. 222. Use of water for drinking from wells regulated. It shall be unlawful for any person to use, or permit to be used for drinking purposes, anv water from any well, except it be from a well constructed in accordance with the provisions of this chapter. Sec. 223. Analysis of city water. It shall be the duty of the board of health to make or cause to be made once in every three months a bacteriological examination and a chemical analysis of the water furnished by the city through its water system, and report the same to the board of com- missioners. Sec. 224. Alley ways to be kept clean. It shall be unlawful for an}- owner, occupant or tenant of any premises abutting on alley ways, to fail to keep such part of said alley way, or said premises, clean and free from swill, ashes and rubbish of any and all kind-. Sec. 225. Privies and sinks to be provided. It shall be unlawful for the owner of any structure used as a dwell- ing house, boarding house, factory or for any other purpose where people dwell or are employed, to fail to furnish such premises with such privy vaults, water-closets and sinks as may be required by the board of health, and to maintain the same in a sanitary condition. 443 Sec. 226. Unlawful to use containers more than once. It shall be unlawful For any person engaged in the business of buying and selling fruit or vegetables, or w ■ or offers for sale within Sail Lake Cit) an) fruit or v< tables, to use, suffer, permit or cause to be used more than once, as containers for such fruit or vegetables, an) berry cup-. boxes, crates, sacks or other receptacles. Sec. 227. Food products on platforms, h shall be unlaw- ful for any person to keep for sale, offer for sale, or displa) outside of any premises any food products, unless the; kept on platforms not less than eighteen inches high and so covered as to be protected from dust, dirt, flies and other contamination. Sec. 228. Dust. Prevention of. It shall be unlawful for any person to sweep any street or sidewalk in Salt Lake without first sprinkling same with water, or some substance, so as to prevent the raising of dus Sec. 229. Distribution of medicines and proprietary preparations. It shall l>e unlawful for any person to tribute an) -ample-, packages, parcel-, boxes, bottles or other quantity of an) nostrum, pills, proprietary or patent medi- cine- or an) other material of medicinal or alleged medicinal character, or purporting to be a curative agent or an) article hurtful to a human being, by handing, giving "r furnishing the same to any person in parks, streets, all thoroughfares or b) leaving, casting or depositing the -ame in yards or upon the premises of an) residenci other private grounds, or upon or about school buildi or grounds within the limits of Salt Lake City. Sec. 230. Discontinuance of privy vaults and cesspools. hall be unlawful for the owner or owners of an) property within this city, or his, her or their her ■ .n or persons having charge of or occuj 444 erty, said property being located upon any street, alley, court, passageway or area, and within four hundred feet of a sewer along any street or alley of this city, to neglect or refuse, for the period of twenty days after notice from the board of health of this city, to discontinue the use of, clean out, dis- infect and fill up all privy vaults and cesspools on such property, or to neglect or refuse for such period after such notice to remove the seat or seats from all outside closets on such property. Sec. 231. Premises. Care of. When any lot or ex- cavation in the city shall from any cause whatsoever be- come the repository of stagnant water or of anv decaying or offensive substances, liquid or solid, it shall be the duty of the owner, occupant or agent of said premises (within a specified time given in a written notice from the health department) to cause such excavation or lot to be drained or cleaned and to be filled with clean earth or other inoffensive substances. Sec. 232. Obstetrics, midwifery and lying-in hospitals. It shall be unlawful for any person to establish, conduct or operate a lying-in hospital, house or place for the practice of obstetrics, midwifery or accouchement, or to receive patients for delivery in childbirth or confinement, without first applying for and receiving a permit in writing so to do from the board of health. Any person desiring such a permit shall make and file with the board of health, an application therefor in writing. The name, age, sex, residence, place of business, and occupa- tion of the applicant shall be stated in such application, and the previous experience of the applicant shall be stated fully therein. The applicant shall state in such application where he or she shall have resided for a period of five vears next preceding the date of filing such application. Such application shall be signed by the applicant and shall be sworn to before an officer authorized to administer oaths. 445 The board of health shall make an investigation i the experience and historj oi each person applying such a permit, and if it shall be found thai an) Mich person has committed any criminal or inirm has hern guilty of an) crime or of any criminal or immoral practice the application of such person shall be denied 1 > \ the said heard. If the said board shall determine that such application should be -ranted, a permit in writing shall be issued to the person applying therefor. If the holder of any such permit shall commit any criminal or immoral act or shall l>e guilty of any crime or of any criminal or immoral practice, the board of health - shall revoke the permit oi such person. Each permit shall expire at the end of one year and after the date thereof, unless sooner revoked. Such permii may be renewed 1>\ the board of health from year to year. Each Mich renewal shall expire at the end of year from and after the date thereof, mile- revoked. Sec. 233. Swimming pools and natatoriums. It be and is hereby declared unlawful for any person to conduct. manage, or maintain any natatorium, swimming pool, or tank in or within any building or structure in the City of Salt Lake, or for any person to bathe in or use any Mich i torium, swimming pool, or tank without complying with all the requirements, rules and regulations in this ordini .lined for the protection and safety of the health and of the patrons of such natatorium- or tanks. The commissioner of health of the Cit) of Salt Lake, or his duly authorized a{ re hereby charged with the enforcement of the provisions of this ordinan All such pools or tank- shall be thoroughly cleaned at least once each week in a manner and l>y the uch disinfecting r cleansing materials as may he required by the commissioner of health, and all such pi mks 39 446 shall be emptied and the water therein completely changed at least twice each week. The sides and bottoms of all such pools or tanks shall be white, so that objects' may be clearly seen, so far as possible, in all portions of the pool or tank. The management of all such natatoriums, swimming pools, or tanks shall provide a sufficient number of attend- ants, instructors, and life-savers, with qualifications and training sufficient to enable them in cases of necessity to protect and save the lives of those using such pools or tanks : provided, that the provisions of this section shall not apply to clubs and athletic institutions patronized bv members only : provided, however, that such institutions shall have attend- ants and swimming instructors on duty at all times while women, and children under the age of 16 years, are using the pools or tanks therein : but no child under the age of 12 years shall be permitted to use or occupy any such pool or tank, whether open to the public generally or not, unless accompanied by a parent or other mature and responsible person. No intoxicated person, or one afflicted with any infectious or contagious disease, shall use or be permitted to use any swimming pool or tank. No person shall use, or be permitted to use, am pool or tank while the same is being emptied or refilled, or while the same is empty, and no patron shall be allowed in or about the same at such time. All chutes constructed and used in or above any swim- ming pool or tank shall be constructed in a safe and proper manner, and no person shall slide down such chute while standing or in a kneeling position. All such swimming pools or tanks shall be provided with cuspidors, which shall be kept and maintained in all dressing rooms and at the edge of all pools, and gutters shall be constructed at the edge of all pools or tanks of such depth and of such design as will effectually prevent water or other matter from flowing or falling into such pool or tank. 447 All persons, before entering any such swimming | 1 or tank, shall be required to thoroughly cleanse the body through the use of the shower or other similar device main- tained and used for such purpose. That all the provisions of tin- ordinance requiring changes or alterations in construction in natatoriums, swim- ming | Is or tank- shall be carried oul as r«.< [ u i r*.-< 1 by the commissioner of health, but all such changes, alterations, and installations must be made and fully completed and installed within six months from tin- time of the taking effect of this ordinance. That hereafter before the construction of any n torium, swimming pool, or tank, the plans and specifications for such structure shall be submitted t<> anil approved by the commissioner of health before a permit therefor -hall be issued by the building department. It -hall he unlawful for any person t" expectorate in the water of any tank or pool, or to blow the nose therein, or in or at any ether place than in cuspidors provided for such purpose, and conspicuous signs shall be posted in all such natatoriums, pools, "r tanks calling attention t.. the fact that spitting i- prohibited except in the cuspidors and showing the place- where such cuspidors are loca That a copy of this ordinance shall he posted, and kept posted, in a conspicuous place in all such natatoriums. swimming pools, and tank- for the guidance and informal of the public and patron- of such placi Sec. 234. Rabies or hydrophobia. Notification. Animals suspected of having. Whenever the owner "r person ha> the custody "r ion of any animal shall learn that such animal ha- shown sympfc acted in a manner which would lead a nan -picion that it might have ral •n having - !ia " immediately notify the board of health "r the h< 448 and shall allow the health officer or other official of the board of health to make an inspection or examination of such animal, and to quarantine such animal until it shall be established to the satisfaction of said official that such animal has or has not rabies. Whenever it is shown that any dog has bitten any person, the owner or person having the custody or possession thereof shall, upon order of the health officer, quarantine it and keep it tied up or confined for a period of two weeks, and shall allow the health officer or other official of the board of health to make an inspection or examination thereof at any time during said period. If it shall appear to the health officer or other official of the board of health, upon an examination as aforesaid, or otherwise, that a dog or other animal has rabies, he may kill it forthwith. Whenever any animal shall be bitten by another animal having rabies, the owner or person having the custody or possession of the animal so bitten shall, upon being informed thereof, either kill such animal or quarantine it and keep it tied up or confined for a period of six months, and the health officer or other official of the board of health shall have power, in his discretion, to kill or quarantine the animal so bitten, in case the owner or person having the custody or possession thereof shall fail to do so immediately, or in case the owner or person having the custodv thereof is not readilv accessible. Sec. 235. Domestic animals. To prevent contagion by. It shall be unlawful for any person to suffer or permit dogs or cats to be quartered or have entrance in houses where any contagious or infectious disease occurs. If exposed to such disease, or if any such disease be dis covered upon the animal, it shall be the duty of the owner < >r custodian immediatelv to have such dog or cat humanely killed and the body removed and disposed of under direction of the board of health. Valuable dogs exposed to infection ma) be quarantined under the approval of the board. Sec. 236. Births. Registration. The board of hi shall keep a book, properly indexed, to be known as the Register of Births, in which shall be recorded a copy of the birth certificate as required by statute. Ever) physician, midwife, nursi ther person who shall attend professionally, or assist at the birth of an) child in Salt Lake City, shall, within ten days thereafter, fill out, sign and transmit to the board of health a report of birth, as required by law. Sec. 237. Registration of deaths. The board of health hall keep a hook properly indexed in which shall 1>< recorded, as required by law. a cop) of each death certificate filed Sec. 238. Burial permits. The body of an) person whose death occurs in the city shall not Ik 1 interred, depos in a vault or tomb, cremated itherwise disposed of, removed From or into any registration district until a permit for burial or removal shall have been properly issued by the registrar of the registration district in which the death curs. Ami no such burial or removal permit will he issued b) any registrar until a complete and satisfa and return of the death has been filed with him. as provided by law: provided, that a transit permit, issued in accordance with the law and the health regulations of the place where the th occurred, may be accepted by the local registrar in the district where the body is to be interred or otherwise finally disposed of as a basis upon which he shall is-ue a local burial permit in the same way as if the death occurred in his district, hut shall plainl) enter, on the face of th< the fact that it was a body shipped in tor interment, and the actual place of death. But when a b< a district in cut or near b) distl itcr- ment, not requiring the u imon earner or the : 450 of a transit permit, then the registrar's removal permit from the district where death occurred may be accepted as authority for burial. Sec. 239. Stillborn children. Stillborn children, or those dead at birth, shall be registered as births and also as deaths, and a certificate of both the birth and the death shall be filed with the local registrar in the usual form and manner, ♦he certificate of birth to contain, in place of the name of the child, the word "stillbirth." The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as "stillborn," with the cause of the stillbirth, if known ; whether a premature birth, and, if born prematurely, the period of uterogestation in months, if known ; and a burial or removal permit in usual form shall be required. Midwives shall not sign certificates of death for stillborn children, but such cases, and stillbirths occurring without attendance of either physician or midwife, shall be treated as deaths without medical attendance, as pro- vided for in the statute. Sec. 240. School books. Distribution and disinfection. It shall be unlawful to cover school books with cloth or any material other than paper. In all schools, academies and colleges where there is a free distribution of school books, such books, having been once used, shall have the paper covers removed and shall be thoroughly disinfected in accordance with the rules of the board of health : there shall be no distribution oftener than is necessary. A student having once received a school book, shall retain the same as long as such book is necessary in his studies. It shall be unlawful to collect from students in schools, academies and colleges, any pencils, sponges, or penholders generally used by such students, and distribute the same to other students, except after disinfection. Sec. 241. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, •151 be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not lor than thirty days. The court maw in imposing a fine, enter as part of the judgment, that in default of the payment of the fine the defendant maj be imprisoned in the city jail for a period nol exceeding thirty days 452 CHAPTER VI. BOUNDARIES OF SALT LAKE CITY. Section 242. Beginning at a point 2004 feet south of the northeast corner of the northwest quarter of Section 15, Township 1 north. Range 1 west. Salt Lake Base and Merid- ian ; thence south 5916 feet to the center of Section 22, Town- ship 1 north, Range 1 west : thence west 2640 feet to the quarter corner between Sections 21 and 22, Township 1 north, Range 1 west : thence south 3960 feet to the south- east corner of the northeast quarter of the northeast quarter of Section 28. Township 1 north. Range 1 west: thence west 4504 feet to a point 776 feet easl of the southwest corner of the northwest quarter of the northwest quarter of -aid Section 28: thence south 25183 feet to a point 783 feet east and 103 feet south of the southwest corner of Section 16, Township 1 south. Range 1 west, this point being due west of the southwest corner of the five-acre lots: thence east 10747 feet to the west bank of the Jordan river: thence northerly, along the west bank of the Jordan River. tn a point due west of the south line of Tenth South Street; thence east, across said river and along the south side of Tenth South Street. 8264 feet to the west line of State Street : thence south 0° 03' west, along the west line of State Street. 2')50 feet t<> the south line of Eleventh South Street: thence east along the south side of Eleventh South Street. 1617 feet to the west line of Third East Street: thence south 0° 12' west. 2873 feet to the north line of Twelfth South Street; thence north 89° ?2' east, along the north line of Twelfth South Street, 1625 feet to the center line of Fifth East Street; thence south, along the center line of Fifth East Street. 33 feet to the center line of Twelfth Smith Street: thence east, along the center line of Twelfth South Street. 24.85 feet to a point 8 feel west of the east line of Fifth East Streel produced; thence south 1_" 41" west, parallel with the east line of Fiftl 14.85 feet; thence north 89 48' ' ! 3164 17 feet I point 8 feet west of the east line of Ninth East street; thence north 89 48' 36" east 2729.81 f< easterly from the west line of- Highland Park Drive duced; thence south 7 19' 15" east 25.3 feet to the center line of Thirteenth £ Street; thence north 51' 43" east, along the center line of Thirteenth South Street. 5565 feet to the center line ol Preston Street; tli north (| 31' 58" west, along the center line of Preston Street. 2703 feet; thence south 89 31' 49" east 1293 to the center line of Twenty-first East Street; thence north 16' 23" east, along the center line of Twenty-fii et, 1997 feet to the north line of Twelfth South Sti thence north 89 54' 29" west, along the north lim Twelfth South Street. 3180 feet to the center line of Seventeenth treet; thence north 1"' 01" east, along the center line of Seventeenth East Street. 2838 feet to the T line of Eleventh Smith Street; thence east, along the south line of Eleventh South Street, 6 feet; thence north 0° 27' east, parallel with and 6 feet east of the center line of Seventeenth >uth line Of Tenth South Street; then 10091 fc liter line of Section 11. Township 1 south, Range 1 east; th north 90 to the northeast corner of the SOUtll quarter of the southwest quarter of sail n 11; th- west 2640 a point on th n line betv on- K) and 11, Township 1 south. Range 1 • thence north 238 int on the south boundary of the U. S. Military Reservation; then the southeast corner of said Reservation; thet 'he northeast corn< lid Res west, along the north line of -ail Reservation, 195 a point on the section lim Township 1 north. Rat the -out' tier of Section hip 1 north. 454 Range 1 east; thence east 4155 feet to a point 1515 feet east of the southeast corner of the southwest quarter of Section 23, Township 1 north, Range 1 east ; thence north 8556 feet to a point 636 feet north and 1515 feet east of the center of Section 14, Township 1 north, Range 1 east; thence west 38475 feet to the place of beginning. Area 49.615 square miles, including Fort Douglas Reservation with an area of 3.691 square miles. CHAPTER VII. BUCKET SHOPS, AND BUCKETING. DEFINITION OF WORDS AND PHK \>I'S. Section 243. The following words and phrases used in this ordinance shall, unless a different meaning is plainly required by the context, have the following meaning: "Person" shall mean an individual, corporation, partner- ship or association, whether acting in his. its or their own right or as the officer, agent, servant, employe, correspondent or representative of another. "Contract" shall mean any agreement, trade, conl or transaction. "Securities" shall mean all < nces oi debl and options for the purchase or sale thereof, shares in any corporation or association, bonds, coupons, scrip, rights, choses in action, and other evidences of debl or property and options for the purchase or sale then "Commodities" shall mean anything movable that is bought or soh! "Bucket Shop" shall mean any room, office, -tore. building or other place where any contract prohibited bj this ordinance is made or offered to be made. "Keeper" shall mean any person owning, keeping, man- aging, operating or promoting a bucket shop, or assi-tm keep, manage, operate or promote a bucket shop. "Bucketing" or "Bucket Shopping" shall mean: The making of or offering to make any contract respecting the purchase or sale <>i any securities or coin: wherein both parties thereto intend, or such keeper intend-, that such contract shall be. or may be. terminated, cl or settled according to or upon the iblic 456 market quotations of prices made on any board of trade or exchange upon which said securities or commodities are dealt in, and without any actual or bona fide purchase or sale on such board of trade, exchange or curb; or (b) the making- of or offering to make any contract respecting the purchase or sale of any securities or commodities, wherein both parties thereto intend, or such keeper intends, that such contract shall be, or may be deemed terminated, closed or settled when such public market quotations of prices for the securities or commodities named in such con- tract shall reach a certain figure without a bona fide purchase or sale of the same: (c) the making of or offering to make any contract respecting the purchase or sale of any securities or commodities, wherein both parties thereto do not intend, or such keeper does not intend, the actual or bona fide receipt or delivery of such securities or com- modities, but do intend, or such keeper does intend, a settle- ment of such contract based upon the difference in such public market quotations of prices at which said securities or commodities are, or are asserted to be bought and sold It shall be unlawful for any person at or in any bucket shop within Salt Lake City to make or offer to make any contract defined in the preceding section, or to be the keeper of any bucket shop. It shall be unlawful for any person, at or in any bucket shop within Salt Lake City to communicate, receive, exhibit or display in any manner any statement of quota- tions of prices of any securities or commodities with an intent to make, or offer to make, or to aid in making, or offering to make any contract prohibited by this ordinance. It shall be unlawful for any person to enter or visit or to be or remain in any room or premises or place used in whole or in part, as a place for conducting or carrying on a bucket shop, or bucketing or bucket shopping, for the purpose of doing any act prohibited by this ordinance. It shall be unlawful for any person to knowingly permit •157 an) house, room, apartment, premi place owned by him or under his charge 01 r otherv to be used in whole or in part, as a place for conduct or carrying on a buckel shop or bucketing or bucket shopping Sec. 244. Testimony, etc. No person shall he excused from attending ami testifying, or producing books, pa] and documents, before any conn having jurisdiction of the offenses herein defined, upon the ground or for the thai the testimon) or evidence, documentary or otherwise, may tend t>> incriminate him or subject him to a penalt) forfeiture. But no person shall he t" any penalty or forfeiture on accounl of an\ prosecution, matter or thing concerning which lie ma\ produce evidence, documentary or otherwise, before any court a- aid. Sec. 245. Penalty. Any person violating any of tin \i~i"iiN f.f this ordinance shall, upon conviction thereof, be punished by a tine in any sum i i < > t exceeding fifty dollai by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter a- part of the judgment, that in default of the payment of the fine the defendant may he imprisoned in the city jail for a peril id not exceeding thirty da 458 CHAPTER VIII. BUILDING ORDINANCE. INSPECTOR OF BUILDINGS. APPOINTMENT. COM- PENSATION. BOND. ASSISTANTS. Section 246. Creation of office. There is hereby created within and for Salt Lake City, the office of inspector of buildings. Sec. 247. Appointment. The board of commissioners of Salt Lake City shall appoint an inspector of buildings. Sec. 248. Compensation. The inspector of buildings shall receive a salary of fifteen hundred ($1500.00) dollars per annum, payable monthly, as are the salaries of other city officials. Sec. 249. Bond. The inspector of buildings shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office, and shall execute a bond to the city in the sum of two thousand ($2,000.00) dollars, conditioned as provided by law. Sec. 250. Assistants. The board of commissioners shall appoint such assistants as may be necessary and proper for enforcing the provisions of this ordinance. Sec. 251. Department of streets. The inspector of build- ings, and his qualified assistants, shall be included in the department of streets and public improvements, under the general direction of the commissioner of streets and public improvements. DUTIES ( IF INSPECT) IR < »!■ BUI1 I M s Sec. 252. The inspector of buildings shall be chai wnli tin- surve) and inspection of buildings, and with the enforcement of all provisions of this ordinance and ;ill other laws and ordinances relating to the erection, construction, alterations, repairs, removal and safety of buildings, struc- tures, walls, elevators, fire escapes He shall pass up. mi all questions relating to the strength and durability of buildii structures, walls and materials; examine and approve all plans and specifications therefor, before a permit shall issued, and sign and issue all permits, certificates and notices required to be issued. He shall promptly acknowledge the receipt of all official communications, notices and reports. [NSPEi ["OR TO PASS UPON ALL Ql >NS RE- 1 \TI\h TO BUILDING OR STRUCTURES NOT PROVIDED FOR IN THIS ORDINANl Sec. 253. Any building or structure thai is nol ered especially by this ordinance, but which shal the support, habitation or shelter of persons, animals chattels, and in any manner contribute to danger "r safety to life or property in any form, and all such structure whatever nature <>r materials, forms <>v dimensions, shall he- passed upon by the inspector "t buildings who shall have the power i" make them conform t" the true intent of public safety. DANGER* lUS i >R UNSAFE BUILDINi UNOCCUPIED BUILDINGS. Sec. 254. Dangerous or unsafe buildings. When- ever, in the judgment of the insp i buildin building, structure or wall, or any part then any appurtenance- i >r fixtures then any wall, chin.- smokestack, >ven, furnace. ■ >r t : vith 460 such building or premises, shall, from any cause whatever, be in a condition to be dangerous to persons or property, or when any wooden building within the fire limits shall, in the judgment of the said inspector of buildings and the chief of the fire department, be damaged by fire or decay, or by both fire and decay, to the extent of forty (40) per cent of its original value when new, cost to be estimated above the line of sidewalk in front of said building, the inspector of buildings shall immediately give notice in writ- ing to the owner or owners of such premises, or to his, her or their agent, or to the person having control thereof, if the owner cannot be found, to remove or repair the same forthwith ; and the person receiving such notice shall, within five (5) days after receiving the same comply therewith. Sec. 255. Unoccupied buildings. Whenever any unoccu- pied building is not properly secured or enclosed, the inspector of buildings, chief of police, or the chief of the fire department, shall immediately notify the owner or owners, agent or agents, or the person having the control of same, of the condition of such unoccupied building, and to have it properly secured within 24 hours after such notice is served. FIRE LIMITS. Sec. 256. The following are hereby established as the fire limits of Salt Lake City, to wit : District No. 1. Commencing at the northwest corner of Third East and Fourth South streets ; thence running west along the north side of Fourth South street to the east side of Second West street; thence north along the east side of Second West street to the south side of North Temple street; thence east along the south side of North Temple street to the west side of State street ; thence south along the west side of State street to .the south side of South Temple street: thence east along the south side of South Temple streel to the west side of Third East street; th south along the west side of Third Easl street to the p n! he-mum-, t he said districl No. 1. including all of bio 4 1 ' to 60, both inclusive, all of blocks 67 to 78, and al blocks 85 to 88, both inclusive, all in plat "A." District No. 2. Commencing at the southwesl corner of Third East and Fourth South streets; thence running west along the south side of Fourth South streel to the west side of Second West street: tlieuee north along the side of Second West street to the SOUth side of North pie street; thence west along the south side of North Temple street to a point 165 feet west of the west side of Fifth West street; thence south along a line li of Fifth West street to the north side of Fifth South thence east along the north side of Fifth South street to the west side of Third Easl street; thence north along the west side of Third Easl streel to the place beginning, said District No. -'. including blocks 37 to 18, both inch: 61 to 66, both inclusive, and blocks 7" both inclusive, all in plat "A," and the east 165 feel of blocks 25, 36, 37, 48, 4'' and 60 in plat "C"; provided, that repairs or additions to residence- or dwelling house- in district No. 2 may he of the -ante material as that in the existing structures and the s a iri\ie- shall structun so 462 PERMITS— FEES. Sec. 258. Permits. No work except minor repairs shall be done upon any structure, building or shed in the City of Salt Lake without a permit from the inspector of buildings. Sec. 259. Application. The permit may be applied for and obtained by the owner or lessee direct or acting through an architect, engineer, contractor or other agent. The application shall state the location of the proposed building or structure. It shall give the name and residence address of the actual owner or owners of the land and of the building or structure, the name and residence address of lessee or lessees, if any, and the name and address of the architect, engineer or designer of the building or structure. The application shall be made upon blanks furnished by the inspector of buildings and shall conform to the requirements as indicated on the blanks so furnished. The application shall be filed in duplicate and be ac- companied by two complete sets of plans and specifications which shall clearly show all parts of the construction, including a plan of each floor of a new building. One of said set of plans shall be on cloth. If said application, plans and specifications are approved, such approval shall be endorsed on each thereof in writing by the inspector of buildings, and one of said applications, together with the set of plans on cloth and one set of specifications, all with such approval endorsed thereon, shall be securely bound together and delivered to the party obtain- ing the permit who must keep such application, plans and specifications on the premises where such construction is being conducted, open for inspection at all times during such construction, until final inspection is made. The owner shall be responsible for the plans being kept on the building. The other application, set of plans and set of specifica- tions after being approved and having such approval en- dorsed thereon in writing \>\ said inspector of buildii shall be indexed and kept on Eile by the ins if build- ings in such a manner as to be readil) inspected b) the public, ami the erection, construction or alteration ol said building, structure or any pan thereof when proceeded with shall be constructed in accordance with such ;q «j >i • applications, plans and specifications, and anj modifications made in plans and specifications shall be subject to further approval; such modifications shall be made to appear in the same form and date of such further approval, shall endorsed on both the set of plans and specifications and be noted on the applications, filed in the office of the inspector of buildings, and kept "ii the premises where such construction is being conducted. When the estimated cost of erecting, altering or repair- ing any building or structure, does not exceed one thousand iSl(KX).OO) dollars, the person proposing to make such im- provements shall File with the inspector of buildings in lieu of tlu- plans and specifications hereinbefore provided .1 statement in writing setting forth what repairs, all tions or improvements are contemplated, an. I describing the general character, nature and extent ot' the same. Sec. 260. Issuance of permits. Upon the filing of an application in accordance with the requirements of this section, the inspector of buildings -hall ascertain whether such plan- and specifications embody all requirements appli- cable by law and ordinance in such case, and if the require- ments lie met. shall issue a building permit to tl .ml. after plan- for plumbing, sewage, lighting, ventilation and other sanitary feature- have Keen approved by the board of health, giving him permission to erect or alter the huildii structure at the place and in accordance with -aid ap applications, plan- and specifications. Within the -ewer tricts no permit shall l>e issued unless the building structure can he he connected with t! Such permit and the approved application plan- and specifications must he exhibited to any autli 464 tative of either the police, fire or health department or the inspector of buildings or other authorized person making a demand therefor. The permit for the erection, alteration or repair of any building must be kept on the premises where the erection, alteration or repair of such building is being conducted. The inspector of buildings may grant permit for the erection of any part of the building, or any part of a structure, where plans, specifications and detailed statements have been presented for the same before the entire specifi- cations, plans and detailed statements of said building or structure have been submitted. Any permit which may be issued by said inspector of buildings pursuant to the provisions of this ordinance, but under which no work is commenced within six (6) months from the time of issuance, shall expire by limita- tion, but may, in the inspector's discretion, be renewed without further charge. Sec. 261. Inspection. It shall be duty of the inspector of buildings to make or cause to be made a final inspection and examination of all buildings before same are occupied. Sec. 262. Non-liability of city for damages. Every appli- cation for a building permit shall contain an agreement to save the citv and its officials harmless from all costs and damages which may accrue from use or occupancy of the sidewalk, street or sub-sidewalk space. Sec. 263. Fees. The applicant or applicants for a build- ing permit shall pay to the inspector of buildings, for expenses of inspection and examination of the building, plans and specifications, the sum of two ($2) dollars for each one thousand ($100000) dollars or fraction thereof of the estimated cost thereof up to five thousand fSoOOO.OO) dollars, one ($1) dollar, per one thousand i $1000.00) dollars or fraction thereof of estimated cost above five thousand 465 ollars up to fifty thousand ($50,000.00) dol i and fortj ($.40) cents pei one thousan dollars, of estimated cost above fifty thousand except that where the estimated cost is less than one hun- dred ($100.00) dollars, there shall be no charge for permit or inspection. 1 1' it should appear to the inspei buildings, during the erection of an) building for which a permit 1 issued, that the cost thereof exceeds the amounl stated in the original application, he -hall have the right to the cost of such building, and require the paymenl of an additional fe< that the total fee shall conform to the entire cost of said building and to sub-division (a) of this section. The fee to be paid for a permit t" remove a building shall be one ($1) dollar it' the building covers twet (2500) hundred square feet or less in area, and tin cents for every additional twenty-fivi • hundred square feel in area or part thereof. The fee to be paid for a permit to erect signs shall be at the rate of fifteen ($.15) cent- for every squat of aria of such sign projecting over the sidewalk. Each such permit shall state the number and si mitted thereby, and the streel and number of the premises wherein they are to be placed. Each permit so issued shall contain the following: "This permit is revocable at the -lire of the hoard of Ci immissiom 'The tee to be paid for a permit to erect bill boards shall he at the rate of on. lineal feet thereof, and each -itch permit shall -tat.- the length of the hill hoard- permitted thereby, thi and number of the premises whereon they art and their distance from the line of thi Sec. 264. Cellarway or area. Permit and bond re- quired for construction. Waiver. Agreement to indemnify. New bond. etc. It -hall he unlawful for any person, firm 466 corporation to excavate under any sidewalk at any street intersection between the property line and the curb line, and no permit shall be issued for any such excavation. It shall be unlawful for any person to erect or con- struct any stairway or passage leading from any street, avenue, or alley, into the basement or cellar of any building within the limits of Salt Lake City, and thereby occupy any portion of the street, alley or sidewalk, or to excavate or construct any area or vault under any sidewalk or any portion of the public streets, avenues or alleys of Salt Lake City, unless the party so constructing the same shall have procured a permit so to do from the board of commis- sioners, and shall have given a bond in an amount fixed by the board of commissioners in a sum not less than five thousand i!?5,000.00) dollars nor more than ten thousand ($10,000.00) dollars, which bund shall be approved by the board of commissioners. Such bond shall run to Salt Lake City, and to any person injured, and shall be conditioned for the payment of all damages that may lie adjudged against him hi- them, or against said city on account of any injury which may happen to any person or property by reason of such stairway, passage, area or vault, or by reason of the unsafe or dangerous condition of the same, or of any cover- ing, grating or railing being over i >r about the same. And in no case shall excavations be made nearer the curb than four feet. Nor shall any stairway or passage leading into such area or vault be more than four feet wide, measured from the property line. Xo permit shall be issued for any of the purposes men- tioned in this section unless the applicant for such permit shall be the owner of the abutting property, or the lessee thereof ;and if such owner shall in consideration of grant- ing such permit, in writing waive in the name of such appli- cant, his, her, their or its, heirs, executors, administrators, assigns or successors, all claims for damages of every name or nature that may occur or accrue to the building abutting on such excavation, or to the contents of said building by 467 n of water from the sewer, curl) or water pipe along the street, and in said writing shall agree to indemnify Salt Lake Cit) againsl all damages and claims foi damages done to the propert) of any tenant of said building, or other person or property, by reason of water from the sewer, curb or water pipe along the street, resulting in whole or in part l>y reason of such excavation, winch waiver shall be duly acknowledged according to law. [f such appli- cant be the lessee of the abutting property, in consideration of granting such permit, he. she, they or it shall execute a bond in an amount fixed by the board of commissioners of not less than five thousand S. ; J»» dollar-, nor more than ten thousand i $10,000.00) dollars, which -hall be approved by the board of commissioners, Such bond shall run to Salt Lake City and to any person injured, and shall be condi- tioned for tin- payment of all damages thai may he ad- judged against the principal in said bond, or against said city on account of all claims for damages of ever) n; and nature that may occur or accrue to the building abut tin;,' on -uch excavation, or to the content- of -aid building by reason of water from the sewer, curb or water pipe along the street, and against all damages and claim- for damages done to the property of any tenant of said building, or other person or property by reason of water from the -ewer, curl) or water pipe along the street resulting in whole or -in part l>v reason ■•( such excavation. If at any time after the approval of any of the bonds mentioned in thi n, the ownership of or leasehold in the property therein mentioned -hall be changed, the prin- cipal and sureties in -aid bond may have the -ante can- celed and discharged upon obtaining the approval of the board of commissioners of a bond by the new owner or lessee of the premises, which bond shall be for the same amount and shall contain all of the conditions, liabilities and provisions contained in the bond sought to have canceled and discharged; provided, that before any such new- bond is accepted by the board of conn rs, the owner of the 468 abutting premises shall, in writing, and in consideration of the accepting of said new bond, execute the waiver and agreement to indemnify Salt Lake City as hereinbefore pro- vided ; and that before any such new bond shall be ac- cepted by the board of commissioners, the new lessee of the abutting premises shall execute a new bond in considera- tion of the accepting of said new bond containing the con- ditions, obligations and agreements to be contained in the bond herein provided to be executed by a lessee upon the granting of the permit herein mentioned. Provided further, that by reason of this grant the prop- erty owner or lessee does not acquire any title to land so excavated beyond the original property line. The bond mentioned in this section, and any bond given in renewal or place thereof, as herein provided, shall ex- pire at the end of five years from their date; provided, the principal and sureties therein shall at the end of any five- year period after the approval of the bond herein mentioned obtain the approval of the board of commissioners of a new bond for the same amount, containing the same con- ditions, liabilities and provisions as said first bond; other- wise the bond provided for in this section, or any bond subsequently given, shall continue in full force and effect. Sec. 265. Permit to occupy street with building mate- rial. Bond. It shall be unlawful for any person to occupy or use any portion of a public street for the erection or repair of any building upon land abutting thereon, without first making application to and receiving from the board of commissioners, a permit fur the occupation or use. for build- ing purposes, of such portidns of streets, and fur such periods of time and under such limitations and restrictions as may be required by ordinance or by the public conveni- ence; provided, that no permit shall be granted to occupy more than fifteen feel from the curl) line, and any such permit may be revoked by the board of commissioners, at any time, when the holder thereof fails to comply with any rule or regulation under which it i- granted, or when, in the opinion of the board of commissioners, the public gi lires such revocation. No such permit shall be granted until the applicant therefor shall have given a bond in the sum of $5\ the fil thereof, or when any such building i< being repaired above the first storv thereof, then any fence or sidewalk occupying 470 the street or sidewalk in front of said building shall be at once removed, and the sidewalk abutting said building: at once restored to the use of pedestrians, and said last named sidewalk bridged or covered at a height of not less than nine feet above the line of said sidewalk, and ten feet wide, with lumber or timber of sufficient strength to protect pedes- trians from injury by falling materials, tools or appliances, and to the approval of the building inspector. Any person so occupying any portion of any street shall be responsible to the city for all injuries sustained by any person in conse- quence of any failure to strictly comply with the provisions of this section. Sec. 268. Painting, etc. It shall also be unlawful for any person to place upon any building, fence or other structure, such building, fence or other structure being within two feet of any sidewalk in this city, any paint or other substance, without first erecting and maintaining above such sidewalk, or between the same and such building, fence or cither struc- ture, as the case may be, a barrier sufficient to protect pedestrians from such paint or other substance falling upon them, or from coming in contact with such paint or other substance. Sec. 269. Restoration, etc. It shall be unlawful to place or pile, or to cause or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete, or any other Ike substance or mixture, or to allow the same to remain on any portion of any paved street or sidewalk in Salt Lake City ; or to make or mix, or to cause or permit to be made or mixed, any mortar, plaster, concrete, or any other like substance or mixture on any portion of any paved street or sidewalk in Salt Lake City; provided, that in cases where work is being done on buildings or pavements, the board of commis- sioners may grant the person or contractor doing such work, permission to mix cement, concrete or building material in tight boxes, or on tightly joined boards, on such pave- ments or walk-- under such restrictions as the board may deem proper. 471 DEMOLITION OF BUILDING. Sec. 270. When a building or structure is to be de- molished it shall be done in a manner which is approved by and satisfactory to the inspector of buildings. Said owner or lessee shall in all cases notify the inspector of buildings when said building is ready [or inspection, ami obtain a permit. DEFINITIONS. Sec. 271. For the purpose of this ordinance the following definitions of words and terms shall govern: "ALLEY." Any public thoroughfare in the rear of a lot which fronts on a public street. "ALTERATION." A change in or addition to a building. "MINOR ALTERATION." \ slight alteration not affecting the structural part-, arrangements or occupancy of a building, and costing less than one hundred iSl(X).OO) dollars. "APARTMENT HOUSE." (See Tenemenl House.) "APPENDAGES." Dormer windows, cornices, mould- ings, bay <>r oriel windows, balconies, cupolas, do • towers, spires, ventilators, or any other accessory pro jecting fn>m a building. "A I M Any unfinished -pace immediatelj below the roof of a building. <>r an upper room having a height of less than eight feet. "BASEMENT." That portion of a building, not more than one-half of the height of which is below the level 472 of the street grade or ground nearest the building, and if its ceiling is five feet or more above the above named level it shall be counted as a story in designating the height or number of stories of any building. "BAY WINDOW." Any window projecting outward from the wall of a building. "BUILDING." Any structure built for the support, shelter, or enclosure of persons, animals or chattels; and when separated by division walls, each portion so separated, shall be deemed a separate building. (See walls.) "CELLAR." That portion of a building, one-half or more of the height of which is below the level of the street grade or ground nearest the building. A cellar shall not be included in designating the height or number of stories of any building. (See basement and story.) "COLUMN." Isolated supports of wood, stone, iron, steel or reinforced concrete, carrying beams, girders, lintels, trusses or masonry. "COURT." An open, unoccupied space on the same lot with a building, other than a yard, (a) An "Enclosed Court" is a court surrounded on all sides by walls of the building in which it is located, (b) A "Side Court" is a court having one side or end open on the side line of the building. (c) An "Outer Court" is a court extending to a street, alley or yard. "CURTAIN WALL." (See walls.) "DIVISION WALL." (See walls.) "DWELLING-" A building intended or designed for, or used as the home or residence of not more than two 473 separate and distinct families or households, and in which not more than five rooms shall be used for the accommoda- tion of boarders or lodgers, and no pan of which structure is used as a store or for any business purpose. Tw more such dwellings may be connected "ii each story when used for boarding or lodging purposes, provided the halls and stairs thereof are kepi open for us,- as such. "FILLER WALL." (See walls.) "FIRE LIMITS." Unless otherwise specified ^hall unhide District No. 1 and District No. 2, as established herein. "FIRE-PROOF." Not only non-inflammable, hut fire isting and non-heat conducting. "FIRE WALL." (See walls.) "FLATS." A building of two or more stories con- taining separate self-contained dwellings, each dwelling hav- ing an independent entrance on tile level of the street or from an outside vestibule on the level of the first floor. "FOOTINCiS." The spreading course or courses, a) the base or foundation of a masonrj wall or pier. "FOUNDATION." That part of a building or wall which is below the surface of the ground. "FRAME OR WOODEN BUILDING." A frann wooden building or a building or structure whose extet walls, or a portion thereof, are constructed of wood. Wooden frames, or franv "den buildings covered with metal. plaster, tile or terra cotta, or veneered with masonry shall be deemed to be frame or wooden buildings or structures. 474 GARAGES. "GARAGE." A building, or any portion thereof, in which an automobile is kept for any purpose other than display. "PUBLIC GARAGE." A building where automobiles are kept and stored by the public, where automobiles are rented to and hired by the public, where a charge is made for the use of or lor the storage or keeping of automobiles. "PRIVATE GARAGE." A building where one or more automobiles are kept and stored for private use only and in it rented or hired out to the public or any charge made for storage. "GIRDER." Any horizontal structural piece which supports floor beams or joists, or carry walls over openings. "GRADE." The established sidewalk level at the build- ing line of any street, or if the building be not built on the building line of the street, the exposed surface of the earth adjoining any wall. HALLS. "COMMON HALL." A hall, corridor or passageway not within an apartment and used in common by all the i iccupants c if a building. "STAIR HALL." The stairs, stair landing and those portions of the common halls used in going from the entrance floor to the top story. "HEIGHT OF BUILDING." The vertical distance be- tween the highest part of the roof and the highest point of grade. 475 "HOSPITAL t ik S Wl rARIUM." \ building for the care of invalids, sick and infirm persons, having ac- commodations for more than fifteen such persons. "LINTELS." \ small beam or girder placed over an opening with the ends resting directly on the masonry. LOADS. "DEAD LOAD." The weight of the walls, floors, etc.. building, including all permanent construction. "LIVE LOAD." All weights in a building other than ■ lead loads. Such loads shall include temporarj consti tion, furniture and people. LOTS. "i (PEN L( I 1." \ lot bounded on all sides bj inter- secting streets or alley lines. "CORNER LOT." A lot bounded on two or three sides by intersecting street or alley lines. "THROUGH LOT." A lot running through and front- ing "ti two street lines, or on one street line and one alley line, and the remaining sides bounded by lot lines "IN I ERL >R U »T." A lot fronting on but one street line, or one alley line, the remaining sides being bounded by l"t tin "LOT LINE." The established boundary line between private property or between private property and any public highway. "MANSARD ROOF." A roof formed with an upper and lower Sel of rafter-., the upper set more inclined to the horizon than the lower set. 476 "MASONRY." Brick, stone, concrete or reinforced concrete construction. "MEASUREMENTS." "Height of wall" shall not in- clude the distance from the top of the roof beams to the top of the parapet wall. "Height of building." The vertical distance between the highest point of the roof and the average level of the ground adjoining the building. "Length of building." Its greatest horizontal dimen- sion. 'Width of building." Its next greatest horizontal di- mension. "OFFICE BUILDING." A building, the whole or larger part of which is used or intended to be. used for office purposes, and used for living purposes, only by the janitor or his family. "PARAPET WALL." (See walls.) "PASSAGEWAY." A covered passage extending from the street or alley to a court or a yard, or from one court to another court or to a yard. "PENTHOUSE. A superstructure erected on a roof and covering not more than 15 per centum of the area of the roof, and used for the enclosure of stairway, elevator machinery or water tank. "PIERS." Isolated masses of masonry, forming sup- ports for arches, columns, girders, lintels, trusses and for similar structural parts. "POST." A timber set on end. "REINFORCED CONCRETE CONSTRUCTION." An approved concrete mixture reinforced by steel or iron 477 uv shape, and so combined that the metal will take up the tensional strain and assisl in the resistance to shear. "REPAIRS." The reconstruction, renewal or removal any part of an existing building for the purpose of its maintenance in its presenl class of construction and grade of occupancy, and l>y which its fire risk, strength or sanita- tion is not affected nor modified. "Minor repairs." fnsignificanl repairs nol affecting the structural parts of the building, and costing less than oni hundred ($100.00) dollars. "RETAINING WALL." (See walls.) "SANITARIUM." (Sec hospital.) "SHAFT." \nv enclosed vertical opening, other than a court, extending through or 1>\ a stor) and a floor 01 i whether for light, air. elevator, dumbwaiter, or any other purpose. \ny shaft not used for elevator purposes where least dimension exceed- eight (8) feel shall be sidered a court. ■ "SHED." A roofed structure open on tlirce (3) sides and resting on the ground. "SKELETON BUILDING." A building, the walls, floors and other part- of which are supported upon and carried by a metal or reinforced concrete framework, "STORE BUILDING." \ building used wholly or in part for the exhibition of g Is, ware- or merchandise for sale. "ST< iRY." 'The perpendicular distance from the top of the finished floor in one story to the underside of the ceil- 31 478 ing, floor joists or rafters in the same story, which vertical distance shall not be less than seven and a half (7^4) feet. "TENEMENT HOUSE." A building, or any portion thereof, which is occupied by three or more families living independently of each other, doing their cooking within the apartment or upon the premises, but having a common right to the halls, stairway and yards. "An apartment," a room or suite of two or more rooms in a tenement house occu- pied or suitable for occupation as a residence for one family doing its cooking in the apartment or on the premises. One person may be construed to be a family. "Existing tene- ment house." Any building erected as such or converted or altered for such use or so used before the passage of this ordinance; or any building intended or suitable for such use, but not completed, for which the excavation shall have been commenced in good faith prior to the passage of this ordinance. "TERRA COTTA." 1. "Terra cotta." The hand-moulded, baked clay ma- terial used for architectural decoration and construction. 2. "Hard terra cotta fire-proofing." All clay fire- proofing material that is manufactured without sawdust. 3. "Semi-porous terra cotta fire-proofing." All clay fireproof material having fifty per centum of sawdust meas- ured by volume, mixed with fifty per centum of clay. "THEATRE." A building which contains seats for the public, to which an admission fee is charged and having a permanent stage upon which scenery and other movable appliances are used. "THICKNESS OF WALLS." (See walls.) "VENEER." An outer facing of masonry, tile or metal, placed in or attached to a wall of any building for decora- 479 tion or protection, but shall not be counted as adding to the strength or thickness of the wall. WALLS. "BEARING WALL." Any masonry wall carrying all or part of the load "t a building. "CURTAIN MR FILLER WALL." An exterior ma- sonry wall built between piers, iron, steel or reinforced concrete columns and carried on steel or reinforced concrete girders, or -elf-supporting only. "DIVISION WALL." Any interior masonry wall, di- viding a building and extending from cellar or basement floor to and through the roof, and such walls shall be con- structed as required for party walls. Such walls may be bearing walls or self-supporting only. "EXTERIOR WALL." Every outer wall or vei enclosure of a building, and may be a party wall. "FIRE WALL." Any masonry wall built for the pur- pose of tire resistance, and also means that portion of a masonry exterior, party or division wall rising above a roof surface. "PARAPET WALL." A masonry wall along the edge ml rising above a roof. "PARTITION WALL." Any interior wall, other than a division wall. •[•ARTY WALL." A masonry wall used or built to be used for the common separation '>r Mipp<>rt of adjoining buildings. 480 "RETAINING WALL." Any wall constructed to re- sist the thrusts of earth, water or other substances. "THICKNESS OF WALLS." The minimum thickness of such wall measuring between any two floors or between a floor and a ceiling or roof. "WARFHOl'SF." A building used exclusively for the storage of merchandise. "YARD." An open, unoccupied space on the same lot with the tenement house for the full width of the lot be- tween the rear line of the house and the rear line of the lot, and which has at least one side or end abutting on street or alley. CLASSIFICATION. DESCRIPTION, LIMITING DI- MENSIONS AND RESTRICTIONS AS TO USE OF BUILDINGS. Sec. 272. Fur the purpose of this ordinance, build- ings are divided into "Class A". "Class B", "Class C", "Mill Construction" and "Frame or Wooden Buildings." CLASS "A" BUILDINGS. Sec. 273. Cla>> "A" buildings arc defined as those having fireproofed frames of steel and with all structural parts of incombustible material. Walls shall be of brick, stone, concrete or reinforced concrete. Class "A" buildings with all wall loads above the third floor carried on the steel frame shall not be limited as to height. Class "A" buildings with self-supporting curtain or bearing walls on the exterior shall be limited in height to 86 feet. Class "A" buildings may be built anywhere in the city. 481 (,'l.ASS "B" BUILDINl IS Sec. 274. Class "B" buildings are defined as those having a frame of reinforced concrete carrying all wall and floor loads. All structural parts shall be of incombustible material. Walls shall be of brick, stone or reinforced i in crete. The maximum limit of heighl of Class "B" buildings shall be 102 feet, and they may be built anywhere in the city. CLASS "C" BUILDINGS. Sec. 275. Class "C" buildings are defined as those haying exterior walls of brick, stone or concrete and an interior frame of combustible material. The walls may he hearing or curtain walls, and the interior supports may he timber joints, timber or steel girders, and timber, steel or cast iron columns or timber studding. I lass "C" buildings built with the interior of mill con- struction or with all joist-, girders, studding, furring and soffits of stairs lathed with metal lath and plastered, ma) be built to a height n- >t t<> exceed eighty-four (84) feet. Clas> "C" buildings, with all joists, girders, studding, furring and soffits of stairs lathed with wooden lath and plas- tered, < >r not lathed and plastered, may be built to a height ii"! t" exceed fifty-five 1 55) feet. Gas- "< " buildings may be built anywhere in the city. MILL a (NSTRUCTK >\. Sec. 276. Buildings of •'Mill Construction" shall have rior, party or division walls of masonry, and floors and roofs of heavy w 1. All posts, girders, beams and other timbers used in construction shall be at least eight (8) inches in either cross dimension. Such buildings -hall be constructed without concealed air space- and in detail as in this ordinance hereinafter mentioned. 482 This method of construction may be used for the inte- rior of Class "C" buildings, may be built to a height of eighty-four (84) feet, and anywhere in the city. FRAME OR WOODEN BUILDINGS. Sec. 277. Frame or wooden buildings may be con- structed to a height not exceeding forty (40) feet, and may be built anywhere in the city except within the fire limits, and shall contain not more than three (3) stories and base- ment within the said forty (40) feet. In the case of a frame or wooden building on a lot with the grade sloping downward from the facade at which the measurement is taken, the height of the building at any point of the grade shall not exceed fifty (50) feet above the adjoining curb in case of corner lots, or above the natural level of the ground in case of inside lots. GENERAL HEIGHT LIMITATION. Sec. 278. The heights of buildings shall not exceed the heights given under the different classes, except that stair and elevator houses, water tanks, towers and spires may exceed the limits. Towers and spires of Class "C" or frame buildings may extend one hundred (100) feet above the roof, but no such tower or spire shall occupy more than one-quarter of the street frontage of the building, nor shall it have a base area exceeding 1,000 square feet. Such towers and spires shall not be used as a dwelling, place of manufacture nor storage room, and shall be covered with fireproof materials. GENERAL LIMITATIONS OF AREA. Sec. 279. No restriction is placed on the floor area of buildings of Class "A" and Class "B" construction. In buildings of Class "C", mill and frame construction, wherever built, no single floor area between exterior, divi- sion or party walls shall exceed ten thousand (10,000) square 483 feet, excepl that in buildings of Class "C" construction, nol exceeding one story in height and used for warehouse pur- poses only, a -in.; 1 , floor area between exterior division or party walls may he built with an area of nineteen thousand i 19,000) square feet; provided, . in east- the \ going described buildings are completely equipped with a system .if automatic sprinklers, tin- said area may be in- creased 50 per centum. No wall or pan of wall in any existing building, or in any building hereafter erected, shall he removed to pro- duce a larger area than those named above. GENER \1. RESTRK Tit INS \S TO USE. Sec. 280. Theatres in any part of the city shall he I lass " \" ci instruction. Schools, hospitals, sanitariums and halls and other places of public assemblages, seating more than 1 .000 per- SOns, other than theatres, built in any part of the city, shall he "! Class "A" or Class "B"' construction, with columns in miter walls supporting floor and roof load--. Department buill anywhere in the city and used for the storage and -ale of merchandise, shall he of either - "A", Class "B" or (lass "i " construction, and shall be limited t" the heights prescribed for said types of con- struction: provided, however, that no building of this character shall he constructed to a greater height than 102 feet. "STABLES." Ml buildings used for stabling animals e the first >.r ground floor or iu basement, -hall he of - "A" "r Class "1'." construction. MATERIALS, LOADS, ALLOWED STRESSES AND GENERAL PROVISIONS FOR CONSTRUCTION. 1 1 R i l Sec. 281. The brick used in all buildings shall be good. hard, well-burnt brick, or some approved form of hard sandlime or cement brick. 484 All materials must be of good quality. When old bricks are used in any wall they shall be thoroughly cleaned before being used, and shall be whole and good, hard, well-burnt bricks. SAND. Sec. 282. The sand used for mortar in all buildings shall be clean, grit sand, free from loam or dirt. GRAVEL. Sec. 283. Gravel shall be composed of clean pebbles or hard, homogeneous rock, of graded sizes and free from dirt or other foreign matter. LIME MORTAR. Sec. 284. Lime mortar shall be made of one part lime and not more than five (5) parts of sand, measured dry. All lime used for mortar shall be thoroughly burnt, of good quality, and properly slacked before it is mixed with the sand. Such mortar must be mixed at least five (5) days before using. PORTLAND CEMENT. Sec. 285. This term is applied to the finely pulver- ized product resulting from the calcination to incipient fusion of an intimate mixture of properly proportioned argillaceous and calcareous materials, and to which no addi- tion greater than 3 per cent, has been made subsequent to calcination. The specific gravity of the cement, ignited at a low red heat, shall not be less than 3.10. and the cement shall not show a loss on ignition of more than 4 per cent. It shall leave by weight a residue of not more than 8 per cent on the No. 100. and not more than 2? per cent on the No. 200 sieve. 485 It shall not develop initial set in less than thirty min- utes, and musl develop hard set in not less than an hour, nor mi »re than ten hours. The minimum requirements for tensile strength briquettes one inch square in section shall be within the Following limits, and shall show no retrogression in strength within the periods specified: Neat Cement. Age. Strength. 24 hours in moist air \7? lbs. 7 days (1 day in moist air, 6 days in water) ... .500 " 28 days il day in moist air, 27 days in water). .. .600 " One Part Cement, Three Parts Standard Sand. 7 days (1 day in moist air, 6 days in water) .... 200 lbs. 28 da\ - i 1 day in moist air, 27 da\ S in w atcr I . . . .27? " CEMENT M< >RTAR. Sec. 286. Cement mortar shall be made of cemenl and sand in the proportion of one part of cement and not more than three parts of sand, and shall he used before the initial set has taken place. The cement and -and are to be trecl and thoroughly mixed before adding water. CEMENT AND LIME MORTARS. Sec. 287. Cement and lime mortar, mixed, shall be made of one ill part cement to not more than -i\ (6) parts ■ if lime mortar, measured in a box. i'i 'WKKIT Sec. 288. Concrete shall be made of Portland cement. sharp, clean -and and broken stone, broken brick, terra cotta, cinders or gravel. Concrete made with broken stone shall be termed rock concrete. Iv>ek for founda- tion- shall be composed of not less than one part Porl 486 cement, three parts sand and five parts broken stone of main dimensions not more than two inches. Rock concrete for floors, backing of ashlar, fireproofing and reinforced walls shall be composed of not less than one part Portland cement, two parts sand and four parts broken stone of major dimensions not exceeding one inch. Gravel of graded size may be used in place of broken stone in all rock concrete. Concrete made of broken brick, terra cotta or cinders shall be mixed in the proportion of not less than one part of Portland cement, two parts of sand and four parts of broken brick, terra cotta or cinders, as the case may be. Such concrete shall only be used for floors, floor slabs and fireproofing. All concrete shall be mixed by hand and shall be turned not less than twice dry and twice wet or may be mixed by machine. REINFORCED CONCRETE. Sec. 289. Reinforced concrete shall be as described under "Reinforced concrete" in Class "B" buildings. BRICK MASONRY. Sec. 290. All brick masonry shall be of brick laid in cement mortar, lime mortar, or lime and cement mortar. All bricks shall be well wet before laid and shall have close joints filled with mortar. In all brick walls at least every sixth course shall be a heading course. The thickness of brick walls shall be specified under the different classes of buildings. In no case shall any wall or walls of any building be carried up more than five (5) feet in advance of any other walls unless proper provisions for suitable anchors and ties are made. The front, rear, side and party walls shall be properly bonded together, or they shall be anchored to each 487 other, every six (6) feet in their height by wrought-iron tie anchors not less than one and one-half (l'_) by th eighths (fs) of an inch in size, and not less than thirty-eight (38) inches in length. The side anchors shall be built into the side of party walls not less than sixteen (16) inches, and into the front and rear walls, so as to secure front and rear walls to the side or party wall, when not built and bonded together. All exterior piers shall be anchored to the beams or girders on the level of each tier. The walls and beams of every building, during the erection or alteration thereof, shall be stoutly braced from the beams of each story, and when required shall also be braced from the outside, until the building is enclosed. The walls and the piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. All walls shall be built solid throughout excepl for flues. WALLS AND PIERS Sec. 291. In all walls of the thickness specified in this ordinance the same amount of material may he used in piers and buttresses. Said piers and buttresses shall nol be more than twenty (20) feet on centers, and walls be- tween said buttresses -hall nol 1" less than thirteen inches thick. BRICK PIERS. Sec. 292. The total load on such brick piers shall not exceed s<.\ «.n tons per square foot if laid in lime mor- tar. ten tons per square foot if laid in lime and cement mor- tar, and fifteen tons per square i<>oi if laid in cement mortar. The area of cross section shall be net and no | 488 carrying a load shall have an unsupported length greater than ten times its least horizontal dimension. ASHLAR FACING. Sec. 293. Stone used for the facing of any building and known as ashlar shall not be less than four (4) inches in thickness. Stone ashlar shall be anchored to the backing, which shall be of such thickness as to make the walls, exclusive of the ashlar, conform in thickness with the requirements of this ordinance; provided, that if the ashlar be at least eight (8) inches thick, and bonded into the backing, it mav be counted as part of the thickness of the wall. All ashlar stone, unless bonded, shall be strongly and securely anchored to the wall with iron anchors laid into the stone at least one (1) inch. Iron ashlar plates used in imitation of stone ashlar on the face of a wall shall be backed with the same thickness of masonry as for stone ashlar. The backing of all stone ashlar shall be laid with cement mortar or cement and lime mortar mixed, but the back of the ashlar may lie pargeted with lime mortar to prevent discoloration of the stone. FACING. Sec. 294. In walls laid with facing bricks of different thicknesses than the main part of the wall, the thickness of wall provided shall be exclusive of such facing bricks, unless the facing be bonded into the wall, with header courses of facing bricks at least every eighth course. INCREASED THICKNESS OF WALLS FOR BUILD- INGS OF GREAT DEPTH. Sec. 295. Where any building without a cross-wall or buttress exceeds a depth of one hundred and thirty-seven 489 and one-half (137 .1 feet, the >i«K- or bearing walls thereof shall be increased in thickness Four 1 1) inches more than is cribed in this ordinance for the thickness of walls, for each lix> feet or fraction thereof of such excess depth. REDU< ED THICKNESS FOP INTERIOR WALLS. Sec. 296. Where interior cross-walls are used they may be made four (4) inches less in thickness than exterior walls, provided they are self-supporting only. WALLS l'l'< »X STEEL SUPPORTS. Sec. 297. Walls of streel fronts or courts may be carried on steel columns and girders and they shall b( the thickness required at the story at which they commi [NCKKASIXi; IIHICIIT OF WALLS. Sec. 298. When it 1- desired to increase the heighl of existing walls of the thickness required bj this ordinance the weight of the additional walls shall be carried on a frame of steel or reinforced concrete girders and columns, securely anchored to the existing wall and extending to independent foundation. Lining of walls to support addi- tional loads i- hereby prohibited. WALLS OF BUILDINGS MOT l\ COURSE OF CONSTRUCTK »N. Sec. 299. \ny building, the erection of which was commenced in accordance with the -pecifications and plans submitted to and approved by the inspector O buildings prior to the ' of this ordinance, if prop nstructed and in safe condition, may he completed, or 1 mil t upon, in accordance with the requirements of the law a- to thick- ness of walls, in force at the time such specifications and plans wore approved. 490 EXISTING PARTY WALLS. Sec. 300. Walls heretofore built for or used as party walls, whose thickness at the time of their erection was in accordance with the requirements of the then existing laws, but which are not in accordance with the require- ments of this ordinance, may be used, if in good condition for the ordinary uses of party walls, provided the height of the same be not increased. PARAPET OR FIRE WALLS. Sec. 301. All exterior, division or party walls shall have parapet walls of thickness not less than that of the wall of the story next below, carried not less than three (3) feet above the roof, and coped with stone, terra cotta, cast iron or cement. When one (1) parapet wall of a building rises above an adjoining wall of said building the same shall be braced by a buttressed return (of the thickness required for the parapet walls) the length of which, at an angle of 45 de- grees from its top, shall equal the difference in height of the two walls. Walls facing on streets not less than forty (40) feet in width, where the continuous pitch of the roof (from its ridge to the crown mould of a cornice projecting not less than eighteen (18) inches is not less than twenty (20) degrees, are exempt from the requirements of this section Such walls may be stepped to follow slope of roof. Parapet or fire walls over four (4) feet in height shall have a 3 inch by 3 inch continuous steel angle built into the wall not less than one (1) foot from the top of wall. There shall be connected to this angle at intervals of not less than twelve (12) feet, j^-inch rods or other approved anchors extending back and down to the roof and fastened thereto. PLAIN CONCRETE WALLS. Sec. 302. Walls built of concrete without reinforce- ment shall be of the same thickness and under the same ci mditions as brick walls. REINFORCED CONCRETE WALLS AND PIERS. Sec. 303. Reinforced concrete walls and piers shall be constructed in accordance with sections of this ordi- nance relating to Class "B" buildings. RECESSES. CHASES AND FLUES IX WALLS. Sec. 304. In buildings that do ri.it exceed four (4) si.>ries in height above ground-floor level, recesses for stair- ami elevators may be allowed in the walls, provided they are not more than 8 feet inches in width of recess, ami in the same wall, do not occur nearer than 30 feet inches on centers. The wall forming the back of such recess must be at least 13 inches in thickness for its entire distance from ment floor to top of wall, a total of five (5) stories. For buildings of more than four stories in height, the wall forming the back of the recess may be 13 inches in thickness for the upper five (5) storir- hut must be at least 17 inches in thickness for any further lower stories and for the basement. The usual bond-iron shall be carried through backing wall of recess of each story level, and securely anchored at ends, or to the adjoining bond-iron. A chase for water or other pipes shall not be made in .ins pier. Unless said pier i- at least four i4) inches more in thickno-* than i^ required for its kind and height of build- ing, and in a wall the chase for such pipe- shall not exceed 492 one-third ( J /i) the thickness of such wall, nor have less than eight (8) inches of wall at back of chase. The chases around such pipe or pipes shall be filled with incombustible material for a distance of one ( 1 ) foot at top and bottom of each story. No horizontal chase for pipes shall exceed seven (7) feet in length, and such chase shall, after pipes are in place, be filled solid with concrete, or brick and cement mortar. There shall be a space of at least two (2) feet between any chase and a flue and a space of at least four (4) feet between any two (2) chases or between a chase and a recess. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall in any story. If any horizontal section through any part of any bear- ing wall in any building shows more than thirty (30) per centum of area of flues, chases, recesses and openings in a length of ten feet, the said wall shall be increased four (4) inches for every fifteen (15) per centum or fraction thereof of flue chase, recess and opening area in excess of thirty (30) per centum. ARCHES AND LINTELS. Sec. 305. Openings for doors and windows in all brick, stone or concrete buildings shall have good and suffi- cient arches of stone, brick, concrete or terra cotta, well built and keyed, and with good and sufficient abutments ; or the opening shall have lintels of stone, reinforced con- crete or steel of sufficient strength, which shall have a bearing at each end of not less than five (5) inches on the wall. The inside lintel may be of cast iron, wrought iron or steel, and in such case stone blocks or cast iron or steel plates shall be required at the ends where the lintel rests on the walls except when the opening is less than six (6) feet in width. Cast iron lintels shall not be used over openings exceeding eight (8) feet in width. 493 All masonrj arches shall be capable of sustaining the weight ami pressure which they are designed to carry. He rods shall be used where necessarj to secure stability. PILES. Sec. 306. Timber or reinforced concrete piles may be used for the foundation of buildings or structures. Timber piles shall be at least seven (7) inches in diam- eter at the small end and shall be cut off below standing water line. Timber piles may be capped with concrete at leasl 12 inches thick or with timber at leasl 1- inches thick and drift bolted t" each pile, hut all timber shall he below stand- ing water line. There shall he a clear distance of at least one foot between any part of adjacent piles. Timber piles driven to rock or t" refusal may he loaded no1 t>> exceed five hundred (500) pounds per square inch of middle tional area. Timber pile- driven in yielding material may he ded ii"i i" exceed one and one-half tons per inch '>t diameter of middle section, hut such piles -hall he over twenty feet long and none such shall he loaded i" exceed twenty-five tons. Reinforced concrete pile- may he built in place or driven after building by water jet. or by hammer if head is pro- rom injuries. They -hall he built in accordance with the provisions for the construction of reinforced crete in Class "B" buildings as far as -itch provisions apply. The rati" of len leasl cross sectional dimensions at the center shall not d 25. Reinforced concrete piles -hall ti"t he loaded to exceed 350 pounds per square inch i if .-. mcrete at middle sccti* in There shall he a clear space of at leasl "tie fool between any part of adjacent piles. 32 494 TIMBER. Sec. 307. All timber used in construction of build- ings shall be free from large, loose or rotten knots, wind shakes and other defects. Table of Allowed Unit Stresses. — Douglas- White Oregon Washing- Pine. Yellow ton or Redwood. Spruce. Fir. Red FIT. Tension with grain 700 1.200 1,000 700 Tension across grain 50 Ji n i 150 40 Compression with grain end bearing 800 1.600 900 800 Columns under fifteen diameters 700 1.000 800 700 Compression across grain 200 300 250 200 Transverse extreme fibre stress 700 1,200 800 750 Modulus of elasticity 500.000 700,000 550,000 350,000 Shearing with grain 100 150 125 100 Shearing across grain.... 500 750 600 400 Above data is for constant and permanent loads. Where the purpose of the building does not permit such loading, the working strength must be reduced accordingly. The strength of any material not given here may be determined from standard authorities. TIMBER COLUMNS. Timber columns of Oregon pine of a length greater than fifteen diameters shall have an allowed stress per square inch not exceeding that given by the formula: 1300 — 20L/D, where L equals length and D equals least side or diameter. WROUGHT IRON. Sec. 308. All wrought iron shall be uniform and fibrous. It shall have an ultimate tensile resistance of not 495 less than 48,000 pounds per square inch, and clastic limit of not less than 24,000 pounds per square inch, and an igation of 20 per centum in eight inches when tested in small test pieces. STEEL. Sec. 309. Ml structural steel used in buildings shall be free from seams, flaw-, cracks, defective edges or other defects, and shall have a smooth, uniform finish. All structural steel used in beams and columns and in other large members shall have an ultimate tensile resist- ance of from 60,000 pounds to 70,000 pounds per square inch, an elastic limit of not less than one-half of its ultimate strength and a percentage of elongation in eighl in- equal to 22 per centum. Such steel shall also bend 180 degrees to a diameter equal to the thickness of the piece tested without fracture on the outside of the bent portion when tested in a test piece. Rivet steel shall have an ultimate resistance of irom 18,000 pounds to 58,000 pounds per square inch, an elastic limit not less than one-half of it- ultimate strength, and a percentage of elongation in eight inches equal to 26 per turn. I \ST STEEL. Sec. 310. t asl steel shall have an ultimate stre of from 60,000 to 70,000 pounds per square inch, an elastic limit equal r cent of it- ultimate resistance, and an elongation in two inches of 18 per centum. UNIT SI R Sec. 311. I'mi stresses allowed on steel members shall ii"t exceed the follow in 496 DIRECT COMPRESSION. (Pounds per square inch.) Rolled steel 16,000 Cast steel 16,000 Wrought iron 12,000 Steel pins, rivets (bearing) 20,000 DIRECT TENSION. (Pounds per square inch.) Rolled steel, net section 16,000 Cast steel, net section 16,000 Wrought iron, net section 12,000 DIRECT SHEAR, NET SECTION. (Pounds per square inch.) Rivets and pins (steel) 10,000 Field rivets (steel) 8,000 Field rivets (iron) 6,000 Steel web plates 9,000 Wrought iron plates 7,000 EXTREME FIBRE STRESS IN BENDING. (Pounds per square inch.) Rolled beams 16,000 Riveted' girders, net section of flanges 15.000 STEEL COLUMNS. Sec. 312. In steel columns the dead and live load stresses together shall not exceed in an}' case 13,500 pounds per square inch. If the thickness of any metal in the body of the columns is less than 5-16 inch, the stress shall not exceed 12,000 pounds per square inch. When columns have a length greater than 30 times the least radius of gyration the allowed stress in pounds per square inch shall not exceed that given by the formula: 15,000 — 50 L/r, where 497 L equals length in inches and r equals least radius of gyra- tion in inches An increase of SO per centum above the allowed dead and live load stress may be used for wind stn i lolumns subjected to cross-bending by wind or eccentric loading, shall have additional area to provide for the stresses, the eccentric loading being calculated as dead load and the wind provided for as above. The area of metal thus obtained for wind, cross-bending and eccentric loading shall be added to the area provided for dead and live load to obtain the total metal in columns. No column shall have unsup- ported a length greater than 120 times the least radius of gj rati' m. STEEL PLATE GIRDERS. Sec. 313. All plate girders shall he provided with eners at the points of support, and under concentrated loads intermediate Stiffeners shall also be used at distances apart equal to the depth of the girder, providing the shear- ing stresses "S" in pounds per square inch exceed that given by the following formula: 15,000 S equals d2 1 plus 3.000 t2 where d equals clear distance out to out of flange ai and t equals thickness of web in inches CAST [RON. Sec. 314. All cast iron castings shall be made oi clean. tough, gray iron. They shall be free from injurious blow- holes, cold-shuts and cinder spots. Sample bars one inch square cast in sand molds, in a span of twelve inches, shall bear a central load of 2,400 pounds with a minimum de- flection of one-tenth of an inch before breaking. I "nit 498 stresses on cast iron shall not exceed 16,000 pounds per square inch in compression and 3,000 pounds per square inch in tension. CAST IRON BASES. Sec. 315. Cast iron bases used to distribute the loads of columns upon the foundations shall be of not less than 34-inch metal. The tops of bases shall be placed and the columns bolted thereto. CAST IRON COLUMNS. Sec. 316. Columns of cast iron shall be of round or rectangular section, but no columns shall be used less than five inches diameter, or of side of rectangle less than five inches. No cast iron column shall have an unsup- ported length of more than twenty times its least lateral dimensions or diameter, except when forming the side of a staircase or elevator enclosure. No cast iron column shall be subjected to a greater stress per square inch than 8000 L2 1 plus 800 d2 for round columns, where L is length and d is the outside diameter in inches: and 8000 L2 1 plus 1067 S2 for rectangular columns, where L is the length and S is the least side of the rectangle in inches. The top and bottom flanges, sets and lugs shall be of ample strength, reinforced by fillets and brackets; they shall not be less than one inch in thickness when finished. 499 The interior space of cast iron columns shall be in case filled with any material. All columns shall be faced al trie ends to a plane surface at righl angles to the axis of the column. Where cast iron columns are placed vertically, one on top of another, the) shall be securely bolted together with at least four ■ 1 ineli bolts at the joints, through flanges east en the columns. In such eases the diameter shall not vary more than two inches between any two columns. The metal oi tin- shaft of the lower column shall be increased in thickness ai tin top to give full bearing t" the metal <<\ the -haft of the upper column. This shall be done by tapering the metal for at least six inches. \ joint plate at least one inch thick may he used in place of this taper. The thickness of metal shall not he less than one- twelfth of the diameter or of the greatest lateral dimension of ci tion, l>ut never less than three-quarters of an inch. Whenever the o>rr ol a casl iron column has shi more than one-fourth the thickness of the -hell, the strength shall be computed assuming the thickness of metal all around equal to the thinnest part, and the columns shall be condemned and rejected if this computation shows the strength t" he less than required by this code. Wherever blow holes Or imperfections are found m a casl iron column which reduces the area of the cross-sect i< m at that point more than ten per cent, such column shall be rejected. Cast iron posts or columns nol cast with one open side or hack, before being set up in place, shall have a th eighths of an inch hole drilled in the shaft of each posl or column, by the manufacturer or contractor furnishing the same, to exhibil the thickness of the castings; and any other hole or holes of a similar >i/e which the inspector of buildings may require, shall he drilled in the said p or columns by the said manufacturer or contractor, at his expense. 500 LOADS. Sec. 317. The dead loads in buildings and structures shall consist of the actual weight of the walls, roofs, floors, partitions and all permanent construction. The live or variable loads shall consist of all loads other than dead loads. Floors and supports shall be designed to safely carry not less than the following loads per square foot of floor area in addition to the dead load : Dwellings, office floors, apartment houses, tenement houses, hotels, lodging houses, hospitals, sixty (60) pounds. School rooms and theatres with fixed desks and seats, stables and carriage houses, seventy-five (75.) pounds. Halls of public assemblages, without fixed seats, halls of schools, theatres and hospitals, ordinary stores and floors of light manufactories, one hundred twenty-five (125) pounds. Stores with heavy loads, libraries, warehouses, ordinary manufactories, two hundred fifty (250) pounds. All sidewalks, one hundred fifty (150) pounds. The strength of factory floors intended to carrv run- ning machinery, and any other building intended to carry heavy or special loads, shall be increased above the mini- mum given in this section, as may be required by the inspector of buildings. The roofs of all buildings having a pitch of less than t w enty degrees shall be proportioned to bear safely thirty pounds upon every superficial foot of their surface in adddi- tion to the weight of materials composing the same. If the pitch be more than twenty degrees the live load shall be assumed at twenty pounds upon every superficial foot meas- ured upon a horizontal plane. All beams or joists in the building shall be propor- tioned to carry the full dead and live load. In buildings used for offices, dwellings, apartment houses, hotels, lodg- ing houses, hospitals, schools, halls, and theatres all girders 501 shall be proportioned to carry the full dead load and at leas) eighty per cent of the required live load, and the columns shall Ik- proportioned to cany the full dead load and >i\iy per cent of the required live load. In buildings used for warehouses, stores, libraries, all beams, girders and columns shall be designed t" carry the full dead and li\ e load rhe weight placed upon an) of the fl - oi an) build- ing shall be sai'cU distributed thereon. The inspector oi buildings may require the owner or occupant of any build- ing or of any portion thereof i" redistribute the load on any floor or to lighten such load where he deems n neces so to '1". A tablet shall be permanently placed in a conspicuous position on each floor of each building used for commercial purposes, giving the live load per square foot for which the building was designed. WEIGHTS AND MATERIALS. Sec. 318. The following weights per cubii shall be used in calculating the dead loads Brick work 125 pounds Concrete rock or gravel 145 Concrete of cinders 100 Steel 490 " Cast iron 15* > Redwood 48 - Pine and fir 40 Sandstone 156 ( iranite and marble 16: Terra cotta 100 " Water 62 Asphaltum 100 " Plastering, dry 100 Sand and gravel, dry 100 pounds : wet The weight of other materials shall be determined from standard authorities or directly by the inspector of build- ings from sampli 502 FOUNDATIONS AND LOADS ON SOILS. Sec. 319. All foundations shall be calculated for the lull column loads obtained by the loads given in this ordi- nance. Soils carrying foundations shall not be loaded more than the following number of tons per square foot : Soft clay 1 Sand and clay mixed 2 Firm dry clay 3 Hard clay 4 Loam or fine dry sand 3 Compact sand 4 Shale rock 10 Hard rock 20 Coarse gravel g The inspector of buildings may make investigation of special forms of foundation and issue permits for such, if approved. He may call for a test of soils, which must be made by the owner in such manner as the said inspector may provide. UNIT LOADS ON MASONRY. Sec. 320. The following unit loads per square foot must not be exceeded : Brick work, lime mortar 7 tuns Brick work, cement and lime mortar 10 " Brick work, cement mortar 15 " Concrete .20 " Granite 28 " FOUNDATIONS ON PILES. Sec. 321. Walls, columns and other loads may rest upon a foundation on piles, as provided in this ordinance. 503 FOUNDATIONS I >X R KFTS Sec. 322. Buildings nol over two stories in height may be founded on timbei rafts madi up of a1 least three layers of four-inch plank spiked together. Plank maj laid directly on the soil, but all timber must be below stand- ing water line. Other forms or ran foundations may be used ii" approved by the inspector of buildings. l< HJNDATIONS I >X BRICK W ( ►RIK. Sec. 323. Walls, columns and other loads may rest upon a foundation of brick work built in accordance with the provisions of this ordinance. The face- of such founda tions shall have a batter of not less than sixty degrees from a horizontal plane, taken from the ledge of column base or wall. FOUNDATIONS OF STONE. Sec. 324. Walls, columns and other loads may resl upon a foundation of cut stone or of rubble, stone masonry. The face- of such foundations shall have a batter not less than sixty degrees from a horizontal plane taken from the ledge of column base or wall. All stones used shall be of such size that no stone shall have a projection more than one-third its length. Stone to be laid in Portland cement mortar. FOUNDATIONS OF PLAIN CONCRETE. Sec. 325. Walls, columns and other loads ma\ rest upon a foundation of plain concrete, in which cast- the faces of such foundations shall have a batter not less than sixty degrees from a horizontal plane. Concrete to be in ance with tin- provisions of this ordinan FOfXDATIOXS OF RFTXFORCEn CONCRETE Sec. 326. Walls, columns ami other loads may rest upon a foundation ,,f reinforced concrete consisting of slabs. 504 or beams and slabs constructed in accordance with the pro- visions of reinforced concrete in Class "B" buildings. FOUNDATIONS OF STEEL GRILLAGE. Sec. 327. Walls, columns and other loads may rest upon a foundation of steel beams and girders. There shall be a layer of concrete at least six inches thick between any part of the steel and the earth. BASES FOR COLUMNS. Sec. 328. Columns shall rest upon cast iron or steel bases and all columns shall have some form of base plate or base, which may be leveled before placing the column. Granite levelers not less than 12 inches thick may be used. ANCHORING COLUMNS. Sec. 329. Buildings where the height exceeds three times the least horizontal dimension shall have at least two anchors of \ l /i square inches section each, fastened to column and passing into the concrete to within one foot of soil; anchor to. have washer of size sufficient to develop strength of anchor. This does not apply to columns em- beded in side retaining walls. SHAPE OF FOUNDATIONS. Sec. 330. Foundations under columns shall be sym- metrical except under wall columns, where the center line of the columns must lie within the middle third of the foundation section. In this case the intensity of pressure on soil at the wall line must not exceed the allowed limit, due consideration being taken of any wall load in addition to the column load. 505 COMBINED FOUNDATII INS. Sec. 331. In cases where the wall column exceeds the above provisions, the column must rest upon a -teel or reinforced concrete girder having an int < column or columns at the inner end. The foundation shall then be designed for the combined loads. This section does not apply to party walls and foundations. Combination foundations or inverted arches of brick, stone or concrete masonry may be used in connecting piers or walls, in which case the arch shall be ample to support the load and the thrust taken by embedded tie rods. SPEI I \l FORMS i >l I" CUNDATK >NS. Special forms of foundations such as caissons, may be used after approval by the inspector of buildings. RETAINING WALLS. Sec. 332. Walls sustaining the pressure of earth shall be designed in accordance with an approved formula. Rein- forced concrete walls may be used, designed in accordance with the provisions for reinforced concrete in Class "B" buildings. Xo part of such walls shall extend beyond the curb line. Retaining walls for side-walks areas provided with a sidewalk of steel beams and concrete shall be not less than seventeen inches wide at the top and incri one inch in thickness for every foot in height. Special forms of retaining walls with steel beams resting against the walk beams may he used if of approved designs. No per- manent wooden bulkhead over five feet in height shall be construe: \RK.\ WALLS FOR HYDRANT PROTECTION'. Sec. 333. At places where designated by the in ■f buildings the retaining walls of sidewalk- shall 506 curved around any hydrant in such way that the hydrant is outside the wall and a clear space 3 feet 4 inches wide and 3 feet 4 inches deep from the curb line left for the hydrant. Sidewalks shall be built close up to hydrants. SIDEWALK CONSTRUCTION. Sec. 334. All sidewalks over excavated areas shall be made with a wearing surface of concrete. Where resting directly on earth the concrete shall be at least three and one-fourth inches thick with a wearing surface of sand and cement in equal parts at least J4 i ncn thick in addition. Sidewalks over excavated areas shall be supported on steel or reinforced concrete beams. The space between the beams shall be covered either with a reinforced con- crete slab at least 5 inches thick or a brick arch at least 4 inches thick. In addition there shall be a wearing surface of fine gravel and cement in equal parts at least ^4 inch thick. All sidewalks shall have a drop outward from the build- ing line of 14 mcn P er f°°t of width. All sidewalks shall be laid in sections not exceeding twelve (12) linear feet in length. The sections shall be constructed alternately ; or if constructed continuously, the sections shall be separated from one another by joints extending through the entire thickness of the pavement. SPECIAL PROVISIONS RELATING TO THE CON- STRUCTION OF CLASS "A" BUILDINGS. DESCRIPTION. Sec. 335. Class "A" buildings of unlimited height shall be built with a steel frame carrying all floor loads and all walls from the third floor up. Class "A" buildings in which the height does not exceed 86 feet may have the exterior wall a bearing wall carrying the adjacent floor loads, or the exterior wall may be a self- 5U7 supporting curtain wall without openings, the floor loads being carried on columns built in the wall. Cast iron columns may be used in such buildings. Provided that no school, hospital, theatre, or building Eor public assemblage required to be fireproof, be constructed without columns built into the exterior walls which column may carry the floor load only. STEEL FRAME. Sec. 336. No material less than ' 4 inch in thickness shall be used in any pari subject to stress. Sec. 337. Columns shall be proportioned in accordance with the provisions of this ordinance. Ml columns in buildings over 86 feet in height shall be made up of rolled steel shapes and no columns shall be used which do not have one solid web of metal along or parallel with one axis of cross section. All columns shall extend to a foundation the top of which is not above the basement floor level, except where the load is carried on trusses or girders to other columns. Columns shall be connected to each other by splice plates near a floor line. The splice plate must be of sufficient size to take any possible tension or shear due to wind or eccentric loading. Columns may be built in length of one or more stories. i iron columns may be used in buildings under 86 feel in heighl and shall be in accordance with the provisions of this ordinance. GIRDERS AND BEAMS. Sec. 338. Girders and beams shall be rolled steel shapes or built of rolled steel sections. The compression flanges shall be stayed against side deflection if the length exceeds M) times the width. 508 Girders of two "I" beams or channels shall have bolted separators at ends, under concentrated loads and at inter- vals of not over five feet when uniformly loaded. Built girders shall have stiffeners at the ends, under concentrated loads and at intervals of not over five feet when uniformly loaded. Built girders shall have stiffeners at the ends, under concentrated loads and under uniform loads at distances apart not exceeding the depth of the girder when the shear- ing stress per square inch exceeds that given by the formula : 15,000 S equals d2 1 plus 3000 t2 where d equals clear distance between flange angles and t equals web thickness in inches. LIMITING DISTANCES. Sec. 339. No part of the metal of any column except connections and beam support shall be less than four inches from the outside of any exterior wall. Portions of the frame supporting walls shall not be less in width than one- half the width of the wall and the supporting part shall project to within two inches of the outer face of the wall. TIE RODS. Sec. 340. Tie rods shall connect all beams where the floor construction gives rise to a thrust. Rods shall have nuts or turnbuckles for adjustment. METAL FRONTS, CORNICES. FIRE WALLS. ROOF TRUSSES. Sec. 341. Cast iron or metal fronts may be placed in front of columns of the steel frame, provided the latter are fully fireproofed. 509 Brackets supporting overhanging cornices, belt con and other projections -hall be attached to the steel frame. Parapet and fire walls shall, if over three feel high above roof, be connected to the steel frame which must be extended for that purpose. Roof trusses under 45 feet span ma) rest on brick walls. Spans over 45 feel shall rest on steel columns. WIND BRACING. Sec. 342. In buildings over one hundred and two feet high, or where the height exceeds three times the least horizontal dimension, the following provisions "i this section shall apply : steel frame -hall be designed to resist a wind force of -'(' pounds per square foot acting in any direction upi 'ii the en' ised surface. In n. • ea-e -hall the overturning moment due to wind exceed 50 per centum of the moment due to the weight oi the structure. All exterior wall girders shall have knee-brace connections to columns. Provisions shall he made tor diagonal, portal or knee-bracing to resist wind stresses, and such bracing -hall he continuous from the top story to and including ent. WALLS. Sec. 343. The exterior, party, division, court or shaft walls where carried on the steel frame shall he f\ hrick. reinforced concrete, concrete or stone. Where self-suppi ing wall- are used they -hall he of brick or plain conci All walls -hall hi- anchored to frame at -pace- not din:,' 5 feet with ; .j-mch anchors with <> inches square head-. I he wall- of court- and shaft- of an an than Square feet may he of tile same construction a- allowed lor partitions hut they must be plastered "ii the 33 510 BRICK WALLS. Sec. 344. Brick walls when supported on the steel frame or in the first and second story, shall he at least 13 inches thick unless reinforced, except that if used in the basement they shall be 17 inches thick. Stone or terra cotta veneer shall not be counted part of this thickness. If the height of a supported wall exceeds 24 feet or the area be- tween supporting girders and columns exceeds 400 square feet the thickness shall be made 17 inches. Self-supporting curtain walls of brick built in between columns supporting floor loads may be used in Class '"A" buildings of a height not over 86 feet. Said curtain walls shall be 21 inches thick in basement. 17 inches thick for a height of 46 feet above the first floor and 13 inches thick for the remaining height. No openings shall be made in curtain walls. Self-supporting bearing walls of brick may be used in Class "A" buildings of a height not over 86 feet. Such walls shall be of a thickness as given in this ordinance relating to Class "C" buildings. Such walls may be used to carry adjacent floor loads, provided that the adjacent interior column is not more than 20 feet from the bearing wall. RLINFORCED CONCRETE WALLS. Sec. 345. Walls of reinforced concrete shall be per- mitted in Class "A" buildings provided they be constructed in accordance with this ordinance relating to Class "B" buildings, except that they shall be supported on steel columns and beams instead of reinforced concrete. Concrete made with broken brick or terra cotta or cinders instead of broken stone will be permitted in Class "A'* buildings. REINFORCED BRICK WALLS. Sec. 346. Walls of brick may be built of a thickness not less than eight (8) inches, provided that vertical steel 511 rods 1 1 « » t less than . oi an inch in diameter and spaced not over 24 inches aparl horizontally are used to reinforce the walls. Such rods must be rigidly attached to the steel n at each floor. No wall of this thickness shall be built of a height exceeding eighteen feet in each story and the mate rials shall be built in accordance with previous sections ring their constructii in. [f the area of wall surface included between anj two icent wall columns and adjacent floor girders exceeds 300 square feet, the thickness of the walls shall not be less than 12 inches. FLOOR AND ROOF CONSTRUCTION. Sec. 347. The structural part of floors and roofs may be built of terra cotta, brick, steel or of concrete made of stone, broken brick, cinders or other concrete. The slabs or arches shall be proportioned to carry loads 20 per cent ter than required for the supporting steel beams of the frami TERRA COTTA FLOORS. Sec. 348. Segment floor arches built of terra > shall have a rise of not more than 1-10 the span for the arch portion, not less than 4 inches for spans up to six feet, nor less than 6 inches for -pans up to ten feet. Spans over ten feet are prohibited. X" arch -hall be less than 4 inches thick. Arches shall he constructed so that the key block shall fall in the center and the -hells and webs always abut against each other. Flat arches shall have spans not exceeding ten feet and the depth of the tile shall nut he less than one and tht quarters inches fur each foot of -pan BRICK VRCH FL< lORS Sec. 349. I'.riek laid in cement lime mortar may be used for floors up t.. ten feet span. The rise shall he l-' 1 512 the span with 4 inches crown thickness for spans up to six feet and cS inches crown thickness for spans up to ten feet. REINFORCED CONCRETE FLOORS. Sec. 350. Floors of reinforced concrete, built in con- formity with the requirements for reinforced concrete as outlined under Class "1!" buildings, may be built in Class "A" buildings. No concrete slab shall have a span exceeding sixteen (16) feet, and in buildings over 86 feet in height no slab shall be over ten (10) feet span. No slab of stone concrete shall be less than three and one-half inches thick, except roof slabs, which may be three inches thick. Slabs over eight feet span and less than twelve feet span shall not be less than four and one-half inches thick. Slabs over twelve feet span, shall not be less than five inches thick. Slabs may be built, of concrete, in which broken brick, terra cotta or cinders are used in place of stone, provided they are made not less than four inches thick for floors and not less than three and one-half inches thick for roofs. SPECIAL FLOORS. Sec. 351. Floors may be built of lens light not ex- ceeding f«>ur inches square each, set in cement and con- structed in a manner similar to sidewalk construction. Floors of iron plates resting on steel supports may be used in boiler rooms. Floors of special design must be submitted to the in- spector of buildings for approval. FLOOR COVERING. Sec. 352. The wearing surface of the floors shall rest on the structural part and may consist of a cement finish, 513 terrazzo, marble tile, encaustic, or other tile, \\ 1 resting upon sleepers fastened to the structural part with con- crete filling or other material approved by the inspector of buildings. PARTITIONS. Sec. 353. Partitions may be made of brick, solid con- crete, reinforced concrete, metal lath and plaster on metal studs, terra cotta or plaster blocks. No partition shall rest upon a wooden floor, but must be carried down to the incombustible materials below. Brick partitions shall be laid as walls and the thick- n< ss shall not be less than eight inches. Solid plain concrete partitions shall not be less in thickness than 1-30 of the height. Reinforced concrete partitions shall not be less in thick ness than 1-60 of the height. Plastered partitions shall have a base of metal studs and metal lath. I'p to a height of twelve feel solid parti- tions two inches thick, with one layer of lath, may be used. For greater heights studs with two layers of lath shall be used. The depth of the studs shall be at least 1-60 of the height of partition. Terra cotta partitions shall have the blocks set in cement lime mortar and fastened with iron clips. Thickness of terra cotta shall be at least 1-40 of the height of parti- tion. Plaster block partitions shall be built of solid pit Mock- of a thickness at least 1-40 of the heigh partition and doweled at top and bottom of each block. CEILINGS. Sec. 354. Ceiling- -hall be made of reinforced con- crete, terra COtta tile, metal lath and plaster or othei proved form-. It of reinforced or ten tile, the provision- relating to floor- shall apply. If the ceilings 514 be of metal lath and plaster, the lath shall be suspended from the floor or ceiling beams by a rigid frame work, to which the lath shall be firmly applied. "FIRE-PROOFING." Sec. 355. All metal structural members which sup- port or resist stresses and are not covered by brick or concrete to a thickness of five inches, shall be fire-proofed as per sub-divisions (a), (b) and (c) of this section. All fire-proofing shall be continuous and no pipes, wires, cables or similar material, other than reinforcing, shall be incased or imbedded in any fire-proofing, nor shall any fire-proofing be cut to allow the passage of any pipe or duct through any part except floor slabs. (a) "COLUMN FIRE-PROOFING." The protection of columns shall consist of stone concrete four inches thick, filled solidly around the columns or of brick laid in Port- land cement with Portland cement mortar or stone con- crete filled in solidly so as to leave no voids or spaces between the brick and the columns, or a four-inch porous terra cotta hollow block. The blocks shall be accurately fitted, laid in Portland cement mortar, and the spaces be- tween the terra cotta blocks and the steel shall be filled in solidly with Portland cement mortar or stone concrete. In every case the column protection shall cover the column at all points to a thickness of not less than four inches and be continuous from the base to the top of the column. The extreme outer edges of lugs, brackets and similar sup- porting metal may project to within two inches of the outer surface of the protection. (b) "FIRE-PROOFING OF GIRDERS, TRUSSES, ETC." The protection of girders and all members of trusses shall be of stone concrete, brick or porous terra cotta. and shall not be less than two inches thick at all 515 points. The protection of the we~bs and soffits of beams, lintels and other lesser structural members which support loads or resist stresses and project above or below the arches, shall l>c nol less than two inches in thickness at any point. The soffits of all floor beams nol projecting below the arches, shall be protected l>\ not less than two inches of arch material. If of hollow tile, the protection shall consist of lugs forming part of the skewbacks, and extending around the lower flange of the beam and meeting at the center; 01 oi tile slabs held in position b) d tailed lugs projecting from the skewbacks, all to l>c laid and jointed with Portland cement mortar. "USE I »F SI i E 1 \WI1< »RS - The firepi protection of all the above structural members, if oi crete, shall be held in position 1>\ suitabl} designed interior i anchors, hooked rigidly around the flanges or angles the structural members and spaced not over sixteen inches apart, horizontally and vertically; these anchors to be made with hooked ends from steel stuck weighing not less than one-quarter of a pound per lineal foot, and extending in within one inch of the outside surface of the concrete. SPECIAL PROVISIONS RELATING TO nil CON- STRUCTION l )F (LASS ••!•.'• BUILDINGS Sec. 356. Class "B" buildings shall have a complete frame of column-, girders and beam- made of reinfoi concrete with masonry walls, and the structural part- oi ind roof construi reinforced concrete. roof trusses, constructed in accordance with the require- ment lass " \" buildings, shall be permitted in ' "P." buildings. MATERIA! S I I STS AND ALLOW MW.K SI I Sec. 357. The concrete -hall be mixed in the pro- portion of ii"t less than one part of Portland cement t. 516 of aggregates, consisting of sand and gravel or broken stone of not more than one inch major dimension for cur- tain walls, columns, slabs, girders and beams and two-inch major dimensions for basement walls and foundations. The proportions shall be such that the resistance of the concrete to crushing shall not be less than two thousand pounds per square inch after hardening for 28 days. In concrete the following allowable stresses in pounds per square inch shall not be exceeded : In direct compression, one-fifth of the ultimate com- pressive strength, but not to exceed 500 pounds in any case. In helically wound or hooped columns, one-fourth of the ultimate compressive strength, but not to exceed 700 pi >unds in any case. In compression in outer fibre in cross-bending, one- fourth of ultimate compressive strength, but not to exceed 500 pounds in any case. In shear, one-tenth of allowable stress in outer fibre in cross-bending, but not to exceed 75 pounds in any case. No tensile stress shall be taken by the concrete. In adhesion of concrete to steel, 60 pounds per square inch of concrete in contact with steel for plain bars and 100 pounds for deformed bars. When the safe limit of adhesion is exceeded, some pro- visions must be made for transmitting the strength of the steel to the concrete. Steel shall bend, when cold, through an angle of 100 degrees around a radius equal to five times the thickness of the test piece, without fracture on the outer circumfer- ence. The fracture shall be silky or fine granular. All steel shall be free from dirt, paint and excessive scale and rust. In steel the following allowable stresses in pounds per square inch shall not be exceeded : In tension, one-third of the elastic limit, but not to exceed 20,000 pounds in any case. In shear, 10,000 pounds. 517 hi compression, fifteen times the allowable stress in direct compression in the concrete. The ratio of the moduli of elasticitj to steel shall be taken as one to fifteen. DESIGN IX GENEP \1.. Sec 358. The bending moments due to uniformly distributed load?, -hall n • > t be taken less than: WI.-S for beams simply supported al the ends. \\ 1.-12 for continuous beams. WL-20 For square floor slabs which are reinforced in both directions and are supported on all sides and con- structed continuous. W equals the total uniformly distributed load. L equals the length of span. For concentrated loads the allowed moment shall not exceed thai due to an equivalent uniformly distributed load. The moment of resistance of anj rein truction under transverse loads -hall be determined by formula- based "ii the following conditions: The bond between the concrete and steel is suffi- cient to make the two materials act together as a homo- geneous solid. (b) The strain in any fibre i- directly proportionate to the distance of that fibre from the neutral axis. The modulus of elasticity of the concrete remains constant within the limits of the working stresses fixed in this ordinance. The dimensions of such a beam or girder and its rein- forcement .-hall be determined and fixed in such a way that the strength of the metal in tension shall measure the Strength of the beam or girder. If the concrete in coin- pression, including the allowable concrete in adjoining floor construction, doe- not afford sufficient th for that purpose, the compression side of the beam or girder in question shall also be reinforced with metal. 518 Reinforced concrete construction shall be designed so that the shearing stresses, both vertical and horizontal, de- veloped in any part of the construction, shall not exceed the safe working strength of the concrete as fixed in this ordinance, or sufficient amount of steel shall be introduced in such a position that the deficiency in the resistance to shear is overcome. All beams or girders shall be reinforced with metal, if necessary, for other reactions. Neither the reinforcing metal nor the concrete shall be subjected to combined stresses in the same place so as to exceed in combination the stresses allowable separately. REINFORCEMENT. Sec. 359. If it is necessary to splice reinforcing members, either in compression or in tension, there shall be either a steel splice that in tension will develop the full strength of the member, or else the members shall be lapped in the concrete for a length equal to at least the following: For plain bars of medium steel, forty times the diameter of maximum diagonal of cross-section. For plain bars of high elastic limit steel, seventy times the diameter of maximum diagonal of cross-section. In no case shall the reinforcement of beams or girders be spliced. If the hoop- ing of columns is spliced, the splice shall develop the full strength of the least section of the hooping. Steel shall be imbedded in concrete so that the thick- ness of concrete covering outside of steel shall be as fol- lows: For flat slabs, not less than three-fourths (^4) of an inch. For columns and beams, not less than two (2) inches. For foundations, not less than three (3) inches from earth at sides and top, and six (6) inches from earth at bottom of slab. 519 Where the shape of the reinforcement is such tha does not give sufficient bond to the concrete insulation, sucli reinforcement shall be wrapped with wire or other- wise prepared as required for fire-proofing of structural steel. Any concrete structure or floor filling in same rein- forced or otherwise, which may be erected on a permanent centering of sheet metal, or metal lath and curved bars, or a metal centering of any form, must be strong enough to carry its loads without assistance from the centering, un the concrete is so applied as to protect the centering as herein specified for reinforced steel. Exposed metal centering or exposed metal of any kind will not In considered as a factor in the strength of any part of any concrete structure and a plaster finish applied Over the metal shall not he deemed sufficient protection. OOP WD R< >< IF SI. \BS. Sec. 360. The general provisions as to design shall hold for floor ami roof slabs, which shall be o concrete. Xo floor slab shall be less than three and i half inches thick. No roof -labs shall be less than three inches thick. The covering may be wood, marble, cement, tile or other material, but such covering shall not be considered as part of the thickness required for slabs. The floor slab to the extent of not more than five times its depth on each side of a beam or girder may be taken as a part of. said beam or girder in computing the moment of resistance of the beam or girder, but the beam and slab must be built at the same time as a unit. Where beams, girders and nnect in such a way that there is a corresponding member • >i i the opposite side of each support, they may be taken as conlinu. Wherever possible, beam- and girders and also their intermediate floor construction shall be made continu Reinforcing metal shall be used for that purpose m the 520 of all connecting members at the point of support, and it shall be sufficient both in section and length to prevent fracture at the point of support when the connecting mem- bers are carrying twice their calculated loads; and in no case shall the area of metal provided for continuity be less than 75 per cent of the area of metal allowed for tension in the bottom flange. Continuity or separate reinforcing material may be used in the top of the slab. In either case, however, if a part of the slab is considered as part of the beam or girder, the reinforcing material must cross the full width, both of the beam or girder and the part of slab so considered. DESIGN OF COLUMNS. Sec. 361. Columns of reinforced concrete shall not have an unsupported length exceeding fifteen times the least horizontal dimension, which shall not be less than ten inches. In computing the strength of columns, the two inches of concrete nearest the surface shall be deducted from the area of concrete. In columns subjected to cross-bending the unit stresses from combined loadings shall not exceed the allowed stresses for direct compression. All columns shall have vertical steel reinforcing mem- bers, the net area of cross-section of which shall be at least one per cent and not more than five per cent of the area of concrete in cross-section where rods are used. These members shall be stayed against buckling at points whose distance apart does not exceed the least diameter of the column. The stays shall have an area of at least five one- hundredths of a square inch. Where structural shapes are used for reinforcing, they shall be designed as provided for similar members in Class "A" buildings, and any concrete calculated to take compressive stress shall be enclosed in 521 said reinforcement or otherwise reinforced .1- herein pro vided. Vertical reinforcing members which are considered in compression shall have full perfecl bearings a< each joint, and such joints shall occur only at floors or • > 1 1 1 e r points of lateral supporl ami tight-fitting sleeves and splice bars shall be provided at all such joints. Suitable base plates shall be provided at the bottom of columns t" distribute Hie column loads over the Footings. The allowed stresses in columns shall not exceed one fifth of the ultimate resistance to direct compression per square inch on the concrete and in the steel the allowed stress shall be computed from the corresponding compres- sion, except in hooped or helically wound columns. Columns which are hooped with steel near the outer surface in the shape of circular hoops, or of a helical cylin- der, and if the minimum distance apart of the hoops, or the pitch of helix does nol exceed one-tenth of the diameter the hooped or helical cylinder, may have the strength assumed as the - the following two elements: 1. The area of the concrete inside the hoops at one- fourth of the ultimate Strength in direct compression in pounds per square inch, but not to exceed 700 pounds per square inch in any case J. The compressive resistance of the longitudinal reinforcement at fifteen times the allowed stress on con- crete in direct compression. 3. The hooping is to be designed of a strength to resist the tension due to a unit lateral pressure of one fifteenth the unit compression stress on the concrete. Splices in hooping, if required, and anchoring of same, shall develop full strength of hooping. WIND BRACING. Sec. 362. The provisions of this ordinance relating to Class •■ \" buildings shall apply t" buildii 522 and in addition the reinforcing of columns shall be con- nected so as to develop its full strength in tension. WALLS. Sec. 363. The exterior, party, division, court and shaft walls of Class "B" buildings shall be of brick, rein- forced concrete, or concrete, built as provided in this ordi- nance relating to Class "A" buildings. REINFORCED CONCRETE WALLS. Sec. 364. Reinforced concrete walls shall be at least six inches thick. If the area of wall surface included between any two adjacent wall columns and adjacent floor girders exceeds 300 square feet and is less than 400 square feet, the thickness of the wall shall not be less than eight inches. If the area exceeds 400 square feet, the wall thick- ness shall not be less than twelve inches, supported on the frame at each story. In reinforced concrete walls the area of steel reinforce- ment shall aggregate one-half of one per cent of the area of the concrete, and one-half shall be placed vertically and one-half horizontally. No reinforcement shall be spaced more than twenty- four inches apart. Additional reinforcement shall be placed around openings, and all reinforcement shall be wired at each intersection. All reinforcement shall be rigidly con- nected at columns and girders to the steel reinforcement of the same. Reinforced concrete walls may be built in the form of bearing walls of uniform section, and of same thickness required for brick walls. If walls are built of piers and connecting walls, the piers shall be calculated and constructed as columns. The connecting wall, if built of reinforced concrete without windows, may be considered as self-supporting, in which 523 case tin.' thickness shall be six inches in the upper forty feel followed by an increase of three inches in thickness foi every additional fort) feet height. \\ here such walls are pierced by openings for doors and windows, the entire loads shall be concentrated "ii the piers, which shall be proportioned as columns. P \R I I I'h >\S WD CEILINi IS. Sec. 365. Partitions and ceilings shall be constructed in accordance with the. provisions of this ordinance relating lass " \" buildings. CONSTRUCT!* 'X. Sec. 366. The following conditions shall be observed in reinforced concrete construction: I'lu concrete shall be mixed a- wet a- possible and deposited without causing a separation of tin- cement from the mixture. It shall be placed in the forms as soon as practicable after mixing and in no case -hall concrete be used which has been wet more than one hour. Joints in concrete poured at different times shall be made at such places as will not lessen the strength of the construction. Joints with old concrete shall be made by cleaning and roughening the -Id concrete and covering the same with cement L;rout. Forms shall he of sufficient strength to preserve their shape, and tight enough to prevent leaking of concrete. All rubbish and dirt shall he carefully removed from forms. The form- for the beams and girders of a floor shall onstructed in conjunction with the forms for the floor slabs wHich they support, and no forms shall he removed until all part- of the respective flooi trong enougl support themselves and the loads that may come upon them during construction 524 SERVICE PIPES AND CUTTING OF CONCRETE OR REINFORCEMENT. Sec. 367. Conduit or pipes for conveying electric- ity, air or gas may be embedded in the concrete except in columns, provided they are of such size and so placed as not to weaken the structure or its fire-proofing in any way. Pipes conveying liquids in any form are not to be embedded in any part of the structural concrete, except as may be necessary to pass through floors and walls. No drilling into or cutting of the fire-proofing or of the steel reinforcing spirals, hoops, stirrups or rods in any columns or beams for the purpose of attaching fixtures, hangers or for any purpose which will in any way injure the concrete or reinforcing in same, is to be permitted. SPECIAL PROVISIONS RELATING TO CLASS "C" BUILDINGS. Sec. 368. Class "C" buildings shall be built with brick, stone or concrete walls supporting the adjacent floor loads and with the interior floor loads supported by studded partitions, or by wooden or steel or cast iron columns and wooden or steel girders. Floor j<>ists may be of wood. The limit of height shall be eighty-four (84) feet, if metal lath be used on all floor and ceiling joists, girders, studding, wood furring and soffits of stairs. The limit of height shall be fifty-five (55) feet under all other conditions. Class "C" buildings with the interior of mill construction and without lathing, may also be built to the height of eighty-four (84) feet. Class "C" buildings may be built anywhere in the city. INSIDE FRAMING. Sec. 369. Inside loads shall be supported upon a framing of steel columns and girders and wood joists, or upon cast iron columns, steel girders and wood joists, or 525 upon steel or casl iron columns, wooden girders and wooden joists, or upon wooden columns, girders and joists, or stud- ded partitions with wooden joists. METAL FRAME. Sec. 370. It a metal frame consisting <>i steel or iron columns and steel girders be used it shall be framed as provided in this ordinance relating to the construction of Class "A" buildings. All steel or cast iron columns shall be connected to each other and to the walls at each floor by steel girders nr beams not less than six inches deep, or by a timber joist rigidly attached to the column by a metal bracket and bolt-. TIMBER COLUMNS. Sec. 371. If a timber frame consisting of umber columns, timber girders and joists be used, tin- columns -hall lu- squared at right angles to their axis. To prevent the unit stresses from exceeding those pro- vided in this ordinance, timber or iron cap and base-plates shall In- provided in buildings over two stories high. The foundations iNS. Sec. 373. Attic- or the unfinished between the ceiling and roof rafters of every Class "C" building -hall 34 526 be divided into compartments or rooms. Such compartments shall not have a floor area of more than twenty-five hundred ( 2500) square feet. TRUSSES. Sec. 374. Roof trusses may be of steel or of steel and timber, or entirely of timber. Trusses of over 45 feet span shall rest upon steel, brick, concrete or wood columns which shall be continuous to the foundations. If trusses are framed of steel they shall be constructed in accordance with the provisions of this ordinance govern- ing the construction of steel trusses in Class "A" buildings. Trusses of timber and iron or steel shall be built in accordance with the allowed unit stresses for steel provided in this ordinance and of timber in accordance with the provisions of this ordinance. Framing of trusses shall be in accordance with standard practice. Timber in tension or compression shall be stressed only in the direction of the fibers. TIMBER DETAILS. Sec. 375. All wood beams, joists and other timbers in the part_\- walls of every Class "C" building shall be sepa- rated from the beam or timber entering in the opposite side of the wall by at least four (4) inches of solid mason work. All woe id trimmer and header-beams or joists shall be pro- portioned to carry with safety the loads the}- are intended to sustain. Every wood header or trimmer more than six (6) feet long, used in any building, shall be hung in stirrup irons of suitable thickness for the size of the timbers. Every wood beam, or joist, except header and tail beams, shall rest at least four (4) inches on the wall, or upon the girder, as authorized by this ordinance. The ends of all wood floor and roof beams, where they rest on brick walls, shall be cut to a bevel of three (3) inches in their depth. 527 All wood floor and wood roof beams shall be properly bridged with cross-bridging, and the distance between bridg- ings, or between bridging and walls shall not exceed eight (8) feet. Solid bridging- not less than two i _' i inches thick shall be placed between joists over all girders. All wood joists shall be trimmed awaj at least <>m- and one-half (l'.'i inches from all flues and chimneys, whether the same be smoke, air or any oilier flues or chim- neys. The trimmer beams shall no1 be less than eighl (8) inches from the inside face of a flue and four (4) inches from the outside of a chimney breast, and the header beam not less than two i _' i inches from the outside lace of the brick or stone work of the same, except that for the smoke-flues of boilers and furnaces where the brick work is required to be eight (81 inches in thickness, the trimmer beam shall not be less than twelve (12) inches from the inside of the flue. The header beam carrying the tail beams of a floor, and supporting the trimmer arch in front of a fireplace, -hall not be less than twenty (201 inches from the chimney breast. Cutting for piping or other purposes shall not be done so as to reduce the strength of the supporting parts below that required by the provisions of this ordinance. No joists or girders shall be cut into a distance gn than 12 inches from bearing. Ml wood partitions shall have solid caps and sills and at least one row of bridging not less than two (2) inches thick, and of the full depth of the standing studding, ami all solidly blocked behind the ribbon on the line of the spring of the cove. Rearing partitions shall have double Is shall be used on the sides and top of all openings, with heads and truss braces cut in and sec AXCIK >RS AND TIES. Sec. 376. Where a steel beam acting as a girder or a tie beam rests upon a brick wall it shall have an anchor 528 made of two angles riveted to the end of the beam and projecting at least six inches on each side. Where wooden girders rest upon walls they shall be fastened thereto by two iron anchors of at least J^ square inch in section, at least three feet long, and with iron washers at the outer end at least 6 inches x 6 inches x Y% inch. The other end shall be turned down at least two inches and fastened to the girder in such a way that the anchor is self-releasing. Box anchors answering the same require- ments may be used. Where wooden joists rest upon walls they shall be fastened with anchors as required for girders, one anchor being used in every eight (8) feet of wall. Where girders or joists parallel a wall they shall be anchored every eight feet in the same manner. Girders resting on columns shall be anchored thereto or to the next girder with two iron tie-straps of at least Yi square inch section. Joists resting on girders shall be lapped one foot and spiked together or shall be connected with iron straps of at least Y2. square inch cross section. One such strap shall be used every eight feet along the girder, and those joists hav- ing wall anchors shall be strapped, the object being to form a continuous tie across the building. FLOORS. Sec. 377. Floors shall be built with timber joists laid as prescribed by this ordinance. ROOFS. Sec. 378. Roofs shall be built as floors or upon trusses. MANSARD ROOFS. Sec. 379. Mansard or other roofs of like character having a pitch of over sixty (60) degrees, placed upon any 529 Class "C" building, shall be constructed onl) of an iron or steel frame, lathed with iron or steel on the inside and plastered or filled in with fireproof material not less than three (3) inches thick. The outside of such roofs shall be covered with metal, slate, tiles, terra cotta, a 3 ply Pure Asbestos Roofing, asbestos shingles or asbestos building lumber not less than one-eighth (%) of an inch in thickness. No such mansard roof shall be so placed upon any building that any portion of such mansard roof shall be more than the allowed height from the ground level. PARTITN >NS. Sec. 380. Partitions shall be built of masonry, terra cotta, plaster blocks, metal studding or of studding con- structed as described in this ordinance. All plastering, where required, shall be done upon metal or wooden lath. CEILINGS. Sec. 381. All ceilings shall be of metal or wooden lath, plastered where required, or of sheet metal. When ceilings are suspended below bottom of joists and not in contact with same, the bottom of said joists throughout the concealed space thus formed shall be metal lathed and plastered not less than two heavy coa WALLS. Sec. 382. All exterior walls of Class "C" buildings, including outer courts, side courts and outer shafts shall be built of masonry. If built as continuous walls without openings they shall be not less than the thicknesses given below, and if pierced with openings, the bearing stress shall not exceed the allowed bearing per unit of ana. as given in this ordinance. Walls may be built supporting a portion of the floor in addition to their own weight, or self-suoporting curtain 530 walls only, in which latter case columns shall be built in the wall to carry floor loads. Where walls support floor loads, the center of any column or stud partition supporting floor loads shall be at a distance not greater than twenty- four (24) feet from the wall. The thickness of bearing walls for any building not over fifty-five (55) feet in height nor over seventy-five (75) feet in depth, and when used only as a dwelling or tenement house, shall not be less than as given in the following table: TABLE NO. "I.- Maximum Permitted Heights for Stories Indicated. >, >. ■ >1 o >, c c "5: •T. r- tfi -w *0 _^ u; — *J ■u* 4 - •a**- ~f w ^f Ocm .to So rt J3 •- 1 : — — E t/-. H — One-story building 13 in 9 in Two-story building 13 in. 13 in. 9 in. Three-story building 17 in. 13 in. 13 in. 13 in. Four-story building 21 in. 17 in. 17 in. 13 in. 13 in. Party walls shall be four (4) inches thicker. All bearing walls, other than those above given, shall have thicknesses in accordance with the following 1 table: TABLE NO. <9" Maximum Permitted Heights for Stories Indicated. a E >> u O u o >> u O >> u C >> u c >> u a X O ■z "2 .c— ' H 3ut the thickness for the heights given shall not be decreased and all changes in thickness shall be made at a fl ior level. CURTAIN W \I.LS. Sec. 383. Self-supporting curtain walls built between piers or iron or steel columns, and nol supported on steel or iron girders, shall be not less than thirteen inches thick for fort} six (46) feet of the uppermosl height thereof, or to the tier of beams nearest to that height; and they shall be increased four (4 1 inches for every additional section of fort) eet, or to the tier of beams nearest to the height. They shall not be used as bearing walls, but the floor loads shall be carried on steel or cast iron columns built into the walls. Curtain walls supported at every floor line and at roof by a frame of steel or reinforced concrete girders and col- umns ami constructed as required for Class " \" or Class "B" buildings, will he permitted in Class. "C" buildings; provided said frame is tied together in both horizontal direc- tions at every flour and roof line with steel or reinforced concrete ties, struts ",- girders spaced no ceed twi feet apart, and of *-pans nol exceeding twenty-five feet between walls and not exceeding twenty between column- and walls or between column Interior columns -hall he of steel ■■! reinforced con- creti ind struts -hall he fire- proofed a- provided for ('lass "A" buildin Reinforced concrete ties or struts shall he not less than 532 ten inches wide and the depth shall be not less than that of the floor joists. The area of steel reinforcement in ties or struts shall be not less than one (1) per centum of the area of the concrete, in cross-section, and the reinforcement shall be rigidly connected to the wall column or girder rein- forcement. LIGHT, AIR AND VENT SHAFTS, AND INTERIOR COURTS. Sec. 384. (a) Walls of light, air and vent shafts, and of interior courts, of a greater horizontal area than five hundred (500) square feet, if non-bearing, shall be of masonry not less than eight (8) inches thick for the two upper stories thereof, and be increased four (4) inches for each three stories or fraction thereof below the upper two. (b) Interior light, air and vent shafts, similar shafts and interior courts, five hundred (500) feet or less in horizontal area, if not constructed as per sub-division (a) of this section, shall be enclosed with a wall constructed of wood studs, covered on both sides with metal lathing and plastered, or boarded on both sides and the boarding cov- ered with tin or galvanized iron, lock-jointed and put on as required for tinning of fire doors. (c) Door openings into any of the shafts or enclosures named in sub-division (b) of this section, if not constructed entirely of metal frame and wired glass, shall be covered on the shaft side with metal as provided in sub-division (b) of this section for lining shaft and court enclosures, and all window openings into any shaft shall be closed with metal frames and wire glass. (d) All enclosure walls shall extend not less than three (3) feet above the roof, or. if the court or shaft is coveredr at the top with a skylight, shall extend at least two (2) feet above the roof. (e) Courts and shafts adjoining the inside face of exterior walls are regarded as interior, provided the exterior 533 wall adjoining same shall be unbroken by openings, or it broken bj openings, said openings shall be enclosed l>\ inch wire glass set in metal sashes and metal frames. FIRE PROOFING Sec. 385. All girders and columns supporting ma- sonry, except columns at street line, shall be fire-proofed .i- required for similar members oi I lass "A" buildings. BOND IRON. Sec. 386. Bond iron at least three inches by one- quarter-inch (3 inches x J^-inch) shall be bedded in the center of the wall at each tier of floor and ceiling joists and run around the entire walls of the building. It must be lock-jointed and anchored at each angle. Class "C." PRi A ESN »NS RELATING T< I MILL O >NS1 Rl CTION BUILDINi i MILL O INSTKIV'I K >.\. Sec. 387. The term "Mill Construction" refers spe- cifically to the construction of the interior frame of Class I buildings. The specific requirement of mill construction is that the buildings of this type shall be built without concealed air Spaces. No clause shall be construed to render void this requirement. All restriction- of Class "C" buildings not specifically excepted herein shall apply to this class of buildings. INSIDE FR \MI\-; Sec. 388. Inside loads shall be supported upon a framing of wood posts, girders and beams, none of which 534 shall be less than eight inches in either of its cross-dimen- sions. Wood posts shall not be of smaller sectional area than 100 square inches, nor be less than ten inches in either dimension, except for posts in the top story, which shall not be of smaller sectional area than sixty-four square inches, nor be less than eight inches in either dimension. All columns shall be squared at right angles to their axis. Wood posts shall have cast iron or steel caps or boxes so constructed as to form a base for the next post above. The ends of the girders shall be secured to the cap or box in such a manner as to be self-releasing. Other timber details shall be as required for buildings of Class "C". Cast iron columns and steel columns, girders and beams may be used if fire-proofed and constructed as required for Class "A". All steel beams or girders shall be at least eight inches deep. FLOORS. Sec. 389. The lower floor may be of concrete if built directly on the ground. Wood floors shall be of plank not less than three inches in thickness, splined or tongued and grooved, covered with a wearing floor of boards not less than one inch thick laid in a cross wise or diagonal direction, tongued and grooved and properly nailed. Between the wearing floor and the planking there shall be placed two thicknesses of carefully laid waterproof material, and this material shall be flashed at least three inches around all walls, posts, columns and openings and protected with mouldings or base. ROOFS. Sec. 390. Roofs shall be of plank not less than three inches in thickness, splined or tongued and grooved. PARTITIONS. Sec. 391. All partitions separating manufacturing:, store or merchandise occupancies, in the basement and first 53S story, and in the second story, where same is at or near the level of a street from which it has an entrance, shall be of masonry not less than twelve inches thick, but it' non-bearing may be not less than eight inches thick. All other partitions shall be either masonry, terra cotta or metal lath on metal studs; except they may be entirely of two inch tongued and grooved plank. STAIRS. Sec. 392. All stairs shall be enclosed through all floors pierced, the enclosure t" lie of the construction re- quired for partitions. Doors in such enclosure shall be not less than two (2) inches thick, except thai if the enclosure 1- of masonr) doors shall be standard fire doors. All doors shall be self-closing, and have a sill rising at leasl two (2) inches. All openings in doors, and all openings in the enclosure other than doors, shall be closed with wire glass in metal '-ames. PLASTERING. Sec. 393. Masonr) or terra cotta walls may be plas- tered directly upon their surface, or upon metal lathing on metal furring. No wood furring shall be used and no plaster shall be applied to any wood or wooden lath. PROVISIONS RELATING TO THE CONSTRUl [TON OF [•'RAMI- OR WOODEN BUILDINGS. EXPLANATION. Sec. 394. A frame or wooden building i- a building or structure whi rior walls, or a portion then constructed of wood. Wooden frame-, or frame or wo, .den buildings covered with metal, plaster, tiles or terra cotta 536 or veneered with masonry shall be deemed to be frame or wooden structures. No frame or wooden building now erected within the fire limits shall, except as permitted in District No. 2, be repaired, enlarged or built upon, and in no case without a permit from the inspector of buildings. Frame or wooden buildings shall be limited to a height of forty (40) feet. WALLS. Sec. 395. The walls of frame or wooden buildings shall be constructed with studding, covered with weather boarding on the outside. No uncovered studding will be allowed against the wall of an adjoining building or structure. THICKNESS OF FOUNDATION WALLS. Sec. 396. Brick or concrete foundation walls for frame or wooden buildings one and two stories in height, used as dwellings, must not be less than eight (8) inches thick, and not over four (4) feet high. When the foundation walls are more than four (4) feet high they must not be less than thirteen (13) inches thick. Foundation walls for three-story frame or wooden build- ings shall not be less than thirteen (13) inches thick, and for buildings over three stories they shall not be less than seventeen (17) inches thick. When foundation walls of frame or wooden buildings are used for embankment or retaining wall, two and three story buildings with basement shall have foundation or basement walls of brick or concrete not less than thirteen (13) inches thick, and not higher than eight (8) feet from top to top footing to bottom of first floor joists (first tier). If a deeper basement be desired the walls thereof shall be not less than seventeen (17) inches thick; the bottom 537 oi looting of said walls shall not be higher than ten feet from top of top footing to under side of first story floor joists, and the footing shall have a spread of one-halt' (^4) the thickness of the wall resting on it. \\ lure n is not allowable to have footings on the side of a foundation or basement wall, the footings must extend far enough on the inside to make them the required width. SIZE OF STUDDING FOR EXTERIOR WALLS AX I) BEARING PARTITIONS. Sec. 397. For a building two stories or less in height, except factories, mills or warehouses, the studding for the outside walls and bearing partition- shall not be less than 2x4 inches; for such a building three stories in height, the studding shall not be less than 3x4 inches, to the bottom of the upper floor joists, and 2x4 inches for tin- remaii height. Where the bearing partitions are less than twelve (12) feet apart, the studding may be less than the outside walls. hut never less than 2x4 inches. Partitions dividing several stairways and sliding doors may by permission of the inspec- tor of buildings be less than 3x4 inches. Studding on the exterior and interior walls of buildings shall not be placed more than sixteen i 16) inches from centers. The underpinning of buildings shall l>e one (1) inch thicker than the studding of the story immediately above, and said studding shall nol be placed more than siv (16) inches from center-. DIVIDING PARTITION'S;. Sec. 398. Ml dividing partitions between buildings shall be close boarded from the lower floors to the ground, and from the upper ceiling close to the under side of roof 538 boarding, so as to effectually check all connection from one building to another. The distance between dividing parti- tions shall not exceed twenty-five (25) feet. Where a large building is divided into tenements the boarding shall be applied on each dividing partition. FRAMING. Sec. 399. When stories are framed separately, each tier of studding must have top and bottom plates, and the top plates must be doubled ; when stories are not framed separately, proper bridging must be placed behind the ribbon at the ceiling line and on top of the joists at the floor line. Bridging must be two (2) inches thick and of the full width of the studding in every case. All wood beams or joists shall be trimmed away at least one and one-half (1^4) inches from all flues and chimneys, whether the same be a smoke, air or any other kind of a chimney or flue. The trimmer beam shall not be less than eight (8) inches from the inside face of a flue, and four (4) inches from the outside of a chimney breast, and the header beam must not be less than two (2) inches from the outside of the brick or stone work of the same, except that for the smoke flues of boilers and furnaces where the brick work is required to be eight (8) inches in thickness, the trimmer shall not be less than twelve (12) inches from the inside of the flue. All openings through partitions and walls shall be trussed or provided with carrying girders. BRIDGING. Sec. 400. All stud walls, or partitions hereafter built, altered or repaired, shall have one row of bridging for every seven feet in height over the first seven. Said bridging shall in all cases extend to the lathing or sheath- 539 ing so as to prevent the passage oi fire and smoke, and shall be the same thickness as the studding. All outside walls and cross-partitions shall be thoroughl} angle-braced; all joists shall have solid end blocking. All buildings over twenty-five (25) feet in width -hall have a row of solid blockm- over girder or partition <>i stairways. \ row of cross bridging at least two (2) inches thick must be placed between the floor joists at least every eight (8) FURRING. Sec. 401. When a chimney is furred out, the -pace between the chimney and the breast -hall he -.> built that the passage of fire and smoke shall be intercepted, and wherever cove ceilings are used they -ball be solid blocked between the studding at the spring of the cov BAY WINDOWS. Sec. 402. In frame or wooden buildings the space be- tween bay, oriel or -well windows -hall not be less than five (5) feet in width, measwed on outside of building clear of finish: provided, that in buildings built en lot- having a frontage of twenty-five (25) feet or less, the -pace be tween said bay. oriel or -well windows may be decreased, provided the studding in said space shall be increased in thickness so a- to contain the same amount of lumber as would be contained in the ftudding of the pier- in the aforesaid spaces of five (5) feet, but the -hall be at least two (2) feet -i\ (6) niche- between bays in any case. Such window- may project not more than thirt J inches over the street line, measured to the finish; they must nol be more than ten (10) feet wide, measured from end to end, and the fin'-h of their soffits must at least ten the sidewalk, unless the window i- entirely back of the street line. 540 FRAME FACTORIES NOT OVER TWO (2) STORIES . HIGH. Sec. 403. The height of frame or wooden buildings of two stories or less, used or intended to be used as factories, shall be limited to thirty-five (35) feet, and their exterior and bearing walls shall be built of not less than 2x6 studs sixteen (16) inches on centers. FRAME FACTORIES OVER TWO STORIES HIGH. Sec. 404. All frame or wooden buildings more than two (2) stories high, used or intended to be used as factories, shall be constructed as follows : the weights of all the floors shall be concentrated at certain points, and no support shall rest directly upon a stud wall, but all beams, girders, and girders supporting floors shall rest directly upon posts. Said beams and girders, supporting floors, shall not be more than nine (9) feet apart : upon these shall rest the floor, which shall extend from one girder or beam to another, and shall be of plank not less than three (3) inches thick, laid to the ends of the timbers. The filling between posts and walls shall be built of not less than 2x4-inch studs, 16 inches from centers. GENERAL PROVISIONS RELATING TO CERTAIN BUILDINGS DETERMINED BY THE NATURE OF THE BUSINESS CONDUCTED THEREIN. Sec. 405. There are included in this part certain pro- visions which shall act as additions to the provisions of this ordinance relating to the construction of buildings. THEATRES. Sec. 406. For the purposes of this ordinance, a theatre is a building which contains not less than one hundred (100) seats for the public and to which an ad- 541 mission fee is charged, and having a permanent si upon which scenery and other movable appliances are used. All theatres hereafter constructed shall be of Class "A" construction. The following special provisions shall appl) to their construction, in addition to the provisions relating gen erally to Class "A" buildings. PERMIT T( > USE BUILDING. Sec. 407. Every theatre hereafter erected, to be used For theatrical or operatic purposes, musl be constructed in accordance with the requirements of the ordinance lating to Class "A" or steel Frame construction. No build- ing which at the time of the passage of this ordinance is nol m actual use For theatrical or operatic purposes, and no building hereafter erected not in conformit) with the requirements of this ordinance, shall be used for theatrical or operatic purposes, until the same shall have been made to conform to the requirements of this ordinance. \ud no building herein described shall be opened to the public for operatic or theatrical purposes until the inspector of buildings and the chief of fire department have approved the same, and no license shall be issued for any performance in any such building until such approval shall have been ■ ibtained. FR( >NT MiK AND C( >URTS. Sec. 408. Every such building shall have at leasl one from on the street, and in such from there shall be suit; means of entrance and exit for the audience. In addition to the aforesaid entrances and exits on the streel there shall be reserved for service in case of an emergency, an open court or space on the side not bordering on the sheet, where said building is located on a corner lot, and on both 36 542 sides of said building where there is but one frontage on the street. In the case of a one-story building having an area not exceeding 4,000 square feet and with a seating capacity of less than 500 people, a court five (5) feet wide on one side only shall be required ; provided, that all seats shall be on one floor, and no galleries be allowed in such building. In all other theatres, the width of such open court or courts shall not be less than seven feet where the seating capacity is not over 1,000 people; above 1,000 and not more than 1,800 people, eight feet in width ; and above 1,800 pei 'pie, ten feet in width. Said open court or courts shall be- gin on a line with or near the proscenium wall and shall extend the length of the auditorium proper, to or near the wall separating the same from the entrance lobby or vestibule. A separate corridor shall continue to the street from each open court, through such superstructure as may be built on the street side of the auditorium, with continu- ous walls of brick or fireproof materials on each side of the entire length of said corridor or corridors, and the ceiling and floors shall be fireproof. Said corridor or corridors shall not be reduced in width, by more than three feet, from the width of the open court or courts, and in no case shall the width of said corridor be less than four (4) feet, and there shall be no projection in the same; the outer openings to be provided with doors or gates open- ing toward the street. During the performance the doors or gates in the corridors shall be kept open by proper fastenings; at other times they may be closed and fastened by movable bolts or locks. The said open courts and corridors shall not be used for storage purposes, or for any purpose whatsoever except for exit and entrance from and to the auditorium and stage, and must be kept free and clear during' the performance. The level of said corridors and courts shall be graded to the sidewalk and flush therewith at all points at street 543 entrances. The entrance of the main from of the building shall not be on a lower level than the sidewalk, and shall not be on a higher level' from tin- sidewalk than six (6) inches, unless approved bj the inspector of buildings, overcome any differences of level in and between courts, corridors, lobbies, passages and aisles on the ground floor, gradients shall be employed, of not over one foot rise to ten feel horizontal (1-10), with no perpendicular rises. EXITS INTO COURTTS. Sec. 409. Opening into said courts, or on the side t, from the auditorium, there shall be not less than two exits ''ii each side in each tier, from and including the parquet and from .each and every gallery. Each exil shall be at least five feet in width in the clear, and pro- vided with doors of iron or wood: if of w I, the doors shall be metal covered and >hall be constructed as de scribed in this ordinance. All of said doors shall open outwardly and shall be fastened with movable bolts, the bolts to be kept drawn during performances, unless a device satisfactory to the inspector of buildings be applied, so as to keep the same locked from without, but to unlock automatically on tin- application of pressure from within ''ii a bar forming part of the door. There shall be balconies not less than four feet wide in the -aid open court or courts, at each level or tier above the parquet, on each side of the auditorium, of sufficient length t" embrace the two exits, and from said balconies there shall be staircases extending t.> the ground level, witli a rise of not over eight and one-half (8yi) inches to a step, and not less than nin inches tread, exclusive of the nosing The staircases from the upper balconies to the next below shall not be less than three feet in width in the clear, and from the first balcon) t" the ^r.ptunl three feet in width in the clear, where the seating capacity i- 544 for 500 people or less; three feet and six inches in the clear where 500 and not mure than 900 people, and four feet in the clear where over 900 people, and four feet six inches in the clear where above 2,500 people. Hand rails shall be secured to the walls, three inches therefrom and about three feet above the centers of the treads, and other hand rails shall be placed on the outside of said stair- cases, about three feet above the centers of the treads, and secured to said staircase so as to resist a pressure oi 100 pounds per linear foot, applied horizontally to said rail. CONSTRUCTION OF BALCONIES AND STAIRWAYS. Sec. 410. All the before mentioned balconies and stair- ways shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall lie covered with a metal hood or awning, to be constructed in such manner as shall be approved by the inspector of buildings. Where one side of the building borders on the street there shall be balconies and stairways of like capacity and kind, as before mentioned, carried to the ground. OTHER USES OF BUILDING. Sec. 411. When the theatre is located on a corner lot, that portion of the premises bordering on the street and not required for the use of the theatre may. if such portion be not more than twenty-five feet in width, be used for offices, stores or apartments, provided the walls separating this portion from the theatre proper are carried up solidly td and through the roof, and that a fireproof exit is provided for the theatre on each tier, equal to the combined width of exits opening on open courts in each tier, communicating with balconies and staircases leading to the street in manner provided elsewhere in this ordinance: 545 said exit passages shall be entirely cut off b) brick walls from said offices, stores or apartments, and the floors and ceilings in each lii-r shall be firepro i (RDINARY EXITS. Sec. 412. Every theatre accommodating 250 persons shall have at least two (2) exits; when accommodating persons, at least thru- (3) exits shall be provided; these exits no1 referring to nor including the exits to the open court at tin- -tilr of the theatre. Doorways of exit or entrance for the use of the public shall not be less than five feet in width, and for every additional KX> persons or portion thereof to be accommodated in excess of 500 an aggregate of 20 inches additional exit width must be allow id. All doors of exits or entrances shall open outwardly, and be hung to swing in such manner as nol to become an obstruction in a passage or corridor, and no such doors shall be closed or looked during any representation, or when the building is open to the public, unless locked by self unlocking system. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main floor of the auditorium and the firsl gallery, provided its capacit) be equal to the aggregate capacity ol the outlets from the main floor and the said gallery. No passage leading to am stairway communicating with any entrance or exit shall be less than four feet in width in any part thereof. F( >YERS, LOBBIES, I ! i Sec. 413. The aggregate capacity of the foyers, lob- bies, corridors, passages and rooms for the use of the audience, not including aisle -pace, between seats, ■-hall on floor or gallery, be sufficient t" contain the entire 546 number to be accommodated on said floor or gallery in the ratio of 150 superficial feet of floor room for every 100 persons. Gradients or inclined planes shall be employed instead of steps, where possible, to overcome slight differences of level in or between the aisles, corridors and passages. AISLES AND SEATS. Sec. 414. All aisles on the respective floors in the auditorium having seats on both sides of the same shall not be less than three feet wide where they begin and shall be increased in width toward the exits in ratio of one and one- half inches to five running feet. Aisles, having seats on one side only, shall not be less than two feet wide at their beginning and increased in width one and one-half inches in ten running feet. All seats in the auditorium, except- ing those contained in boxes, shall not be less than 32 inches from back to back, measured in a horizontal direc- tion, and firmly secured to the floor. No seat in the auditorium shall have more than six seats intervening between it and an aisle. No stool nor seat shall be placed in any aisle. All platforms in galleries formed to receive seats shall be not more than 21 inches in height of rise nor less than 32 inches in width of .platform. The maximum number of movable seats or chairs in boxes shall be eight. In boxes containing a greater number of seats the seats shall be fastened to the floor. GALLERY FRONTS, PARTITIONS WD CEILINGS. Sec. 415. The fronts of each gallery shall be formed of fireproof materials, except the capping, which may be made of wood. The ceiling under each gallery shall be entirely formed of fireproof materials. The ceilings of the auditorium 547 shall be formed of fireproof materials. All lathing, whem used, shall be of metal. The partitions in thai portion of the building which contains the auditorium, the entrance ami the vestibule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials, including the furring of outside of other walls. None of the walls or ceilings shall be covered with wood sheathing, canvas or any other combustible material. Bui this shall not exclude the use of wood wainscoting to a height not to exceed six feet, which shall be filled in solid between the wainscoting and the wall with fireprooi materials. [NSIDd STAIRWAYS. Sec. 416. All stairs within the buildings shall be constructed of fireproof materials throughout. Stairs from balconies and galleries shall not communicate with the basement or cellar. All stairs shall have treads of uniform width and riser of uniform height throughout in each flight. Stairways serving for the exit of 50 people shall be at leasl four feet wide between railings, or be' walls, and for every additional 50 people to be accommodated six inches must be added to their width. The width of all -tairs -hall be measured in the clear between hand rails. In no case shall the riser of any stairs exceed seven and half indies high, nor shall the tread-, exclusive of nosings, be less than ten and one half inches wide in straight stairs. No circular or winding stairs for the use of the public shall be permitted. Where the seating capacit) is fot than 1.000 people there shall be at leasl two independ- ent staircases, with direct exterior outlet- provided for each gallery in the auditorium, where there are not more than two galleries, and the same -hall be located on opposite side- of said galleries. Where there an- more than two galleries, one or more additional staircases -hall be pro- 548 vided, the outlets from which shall communicate directly with the principal exit or other exterior outlets. All said staircases shall be of width proportionate to the seating capacity as elsewhere herein prescribed. Where the seating- capacity is for 1,000 people, or less. two direct lines of staircases only shall be required, located on opposite sides of the galleries, and in both cases shall extend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said staircases. At least two independent stairways, with direct ex- terior outlets, shall also be provided for the service of the stage and shall be located on the opposite sides of the same. All inside stairways leading to the upper galleries of the auditorium shall be enclosed on both sides with walls of fireproof materials. Stairs leading to the first or lower gallery may be left open on one side, in which case they shall he constructed as herein provided for similar stairs leading from the entrance hall to the main floor of the auditorium. But in no case shall stairs leading to anv gallery he left open on both sides. When straight stairs return directly on themselves a landing of the full width of both flights, without any steps shall he provided. The outline of the landing shall be curved to a radius of not less than two feet to avoid square angles. Stairs turning at an angle shall have a proper landing without winders introduced at said turn. In stairs, when two flights connect with one main flight, no winders shall he introduced, and the width of the main flight shall he at least equal to the aggregate width of the side flights. All stairs shall have proper landings introduced at convenient distances. All enclosed staircases shall have on both sides strong hand rails firmly secured to the walls about three inches distanl therefrom, and three feet above the stairs, but said hand rails shall not run on level platforms and landings 549 when the same arc more in width than the length of the stairs. Ml staircases eight feet and over in width shall be provided with a center hand rail of metal not less than two inches in diameter, placed at a height of about three Eee1 above the center of the treads, and supported on wrought metal or brass standards of sufficient strength, placed not nearer than four feet, nor more than six feel apart, and. securel) bolted to the treads or rises of stairs, or both, and at the head of each flight of stairs, <>n each landing, the post- or standards shall be at least six feet in height, to which the rail shall be secured. [NTERIOF WALLS. Sec. 417. Interior walls built of fireproof materials shall separate the auditorium from the entrance vestibule, and from am room or rooms over the same; also from an) lobbies, corridors, refreshment or other rooms. All stair es for the use of the audience shall be enclosed with walls of brick or of fireproof material- approved by the inspector of buildings. The openings to said staircases from each tier shall be full width of said staircases. \'o door shall open immediatelj upon a flight oi stairs, but a landing at least the width of the door shall be provided between such stair- and such floor. PRi (SCENIUM WALL. Sec. 418. A fire wall shall separate the auditorium from the Stage, and the same -hall extend at least four feet above the stage roof, or the auditorium roof, if the latter lie the higher, and shall be coped. Above the proscenium opening there -hall be a -teel or reinforced concrete girder resting upon steel or concrete columns extending to foundation- and of sufficient strength to support -afely the load above, and when of -teel the 550 same shall be covered with fireproof materials to protect it from heat. Should there be constructed an orchestra over the stage, over the proscenium opening, the said orchestra shall be placed on the auditorium side of the fire wall and shall be entered only from the auditorium side of said fire wall. The molded frame around the proscenium open- ing shall be formed entirely of fireproof materials. If metal be used said metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. The proscenium opening shall be provided with a fire- proof curtain of asbestos or other fireproof material approved by the inspector of buildings, sliding at each end within iron grooves securely fastened to the brick wall and ex- tending into such iron grooves to a depth of not less than six inches on each side of the opening. Said curtain to be suspended or hung by steel cables passing over wrought-iron or steel sheaves supported by wrought-iron brackets of sufficient strength and well braced ; the brackets to be securely attached to the proscenium wall by through bolts with nuts and washers on the opposite side of the wall. Said fireproof curtain shall be raised at the commence- ment of each performance, and lowered at the close of each act of said performance, and be operated by approved ma- chinery for that purpose. Proscenium curtains shall be placed at least three (3) feet distant from the footlights at the nearest point. No doorway or opening through the proscenium wall, from the auditorium, shall be allowed above the level of the first floor, and any authorized openings shall have standard fire doors on each face of the walls, and the doors •=.hall be hung so as to open from either side at all times. 551 DRESSING ROOMS. Sec. 419. All shelving and cupboards in each and every dressing room, property room or other storage room, shall be constructed of metal, slate or some fireproof material. Dressing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open court, and thai the partitions and other matters pertaining to dressing rooms shall conform to the require- ments herein contained, but the stairs leading to the same shall be fireproof. The dressing rooms shall have an independent exit leading directly into a court or street, and shall be ventilated by windows in the external wall, and no dressing room shall be more than ten feet below street level. WINDOWS. Sec. 420. All windows shall he arranged to open, and none of the windows in outside walls shall have fixed sashes, iron grills or bars. STAGE FLOORS. Sec. 421. All that portion of the stage not comprised in the working of scenery, traps and other mechanical apparatus, for the presentation of a scene, usually equal to the width of the proscenium opening, -hall he of Class " \" construction. FLY GALLERIES. Sec. 422. The fly galleries entire, including pin rails, shall he constructed of iron or Steel, and the floors galleries shall be composed of iron or steel beam- filled with fireproof materials, and no wood boards nor slee] shall be used a- coverings over beams, but the said t' shall be entirely fireproof. The rigging loft shall he fire- proof. All nery, curtains and decorations made 552 of combustible material shall be painted or saturated with some approved non-combustible material, or otherwise ren- dered safe against fire, and the finishing coat of paint applied to all woodwork shall be of such kind as to resist fire, to the satisfaction of the inspector of buildings. Fireproofed wood may be used, if satisfactory to the inspector of buildings. Fly galleries shall rest upon columns extending to the basement. FIRE PROTECTION. Sec. 423. Standpipes. Standpipes, four (4) inches in diameter, shall be provided, with hose attachments on every floor and the gallery as follows, namely: One on each side of the auditorium in each tier, one on each side of the stage in each tier, and at least one in the property room and one in the carpenter shop, if the same he con- tiguous to the building. Said standpipes shall be separate ami distinct, and be supplied with water direct from the city street mains. They shall be fitted with regulation couplings of the fire depart- ment, shall be kept filled with water under pressure at all times, and shall he kept clear from obstructions. Sec. 424. Hose. A proper and sufficient quantity of two and one-half-inch hose, not less than one hundred ( 100) feet, fitted with the regulation couplings of the fire department and with nozzles attached thereto, and with hose spanners at each outlet, shall always he kept attached to each hose attachment, as the chief of the fire department may direct. Sec. 425. Automatic Sprinklers. A separate and distinct system of automatic sprinklers with fusible plugs shall be installed throughout the stage portion, and shall have an independent water supply which may consist of any two of the following: 553 (1) Gravity tank of not less than ten thousand gal- lons capacity, and elevated not less than twenty feel above the highest sprinkler. Approved steel pressure tank of not less than seven thousand five hundred gallons capacity, located not lower'than the highesl line of sprinklers. (3) Direct supply from the city water mains. In addition to the above required supplies, there shall be a Siamese steamer connection placed on the outside of the building, at each streel front, with suitable iron plate. with raised letter-, securely attached to the wall near steamer connection, reading "Stage Sprinklers." Automatic sprinklers shall also be placed wherever practicable in the dressing rooms, under the stage and in the carpenter shop, paint rooms, store rooms and property ms, and 'in the auditorium side of the proscenium arch. There shall l>e kept at least four (4) axes, two twenty- five 1 25 I foot hooks, two fifteen (15) foot honks and two ten i Km fool hooks on each tier or floor of the stage, all of which -hall be painted red. There shall also be provided such number of fire tx tinguishi -hall be satisfactory to the chief of the fire department. LIGHTS. Sec. 426. Ever) portion of the building devoted to the use of the public, also all outlet- leading to the streets and including the open court- and corridors, shall he well and properly lighted with electricit) during every per- formance, and shall remain lighted until the entire audience has left the pr. All of said lights in any part of said building used by the audience, except the auditorium. must be controlled by a separate shut-off located in the 554 lobby and controlled only in that particular place. Gas mains supplying- the building shall have independent con- nections for the work shops, fly galleries and stage, and provision shall be made for shutting off the gas from the out- side of the building. All lights in passages and corridors in said building, whenever deemed necessary by the inspector of buildings, shall be protected with proper wire network. All border lights shall be constructed according to the best known methods and subject to the approval of the inspector of buildings, and shall be suspended for ten feet by wire rope. All ducts or shafts used for conducting heated air from the main chandeliers or from any other light or lights shall be constructed of metal and made double, with an air space between. LIGHTS AT EXITS. Sec. 427. At each and every exit in any theatre there shall be placed and maintained an electric light, upon an independent supply, satisfactory to the inspector of buildings. Said light shall be lighted prior to the opening of the doors of said theatre, and shall be kept lighted until the audience shall have departed from the premises; and there shall be inscribed upon said lamp or lamps the word "EXIT'" in dis- ' tinctly visible letters not less than four (4) inches high. VENTILATION OF THE STAGE. Sec. 428. There shall be provided in the roof of that portion of the building over the stage, smoke vent openings, the total net area of which shall be one-tenth of the area of the stage included between the three outer walls of the building and the proscenium wall. No single opening shall be of an area less than one- fifth of the total required area. These smoke vent openings 555 shall be closed by shutters so constructed thai they will open bj their own weight. They shall be held in place b) cords or ropes extending to and controlled from the open -tagc \s a part of each rope operating each shutter there shall be included two fusible links designed to Open at 160 degrees Fahrenheit. All parts of shutters and frame shall be incombustible materials. Glass, if used shall be plain glass. Shutters' may be of two types. If shutters occupying a vert position when closed are used, they shall be hinged at the bottom and provided with a metal weight which shall cause them to open outward. This weight shall he so placed that the shutter is held in a closed position by the rope and on release of the rope the shutter will open its full width. If shutters built on the incline of the roof are used they shall be arranged to rest and travel on roller--. I'hey shall be so built that they will open by their own weight and shall be held in a closed position by the rope. These shutters shall be opened at least once a week or more often if required by the Eire department. No fastening or other device for holding the shuttei the smoke vent openings in a closed position, other than the ropes with fusible links shall be attached to any such -butter. No obstruction of any kind shall be placed in the way of a complete draft from the stage to the -moke vent open- ings except that required for the operation of the scenery. No flooring shall be placed on the girdiron, but it> entire surface shall be open. STEAM BOILERS AND HEATING APPLIANCES. Sec. 429. Ever) steam boiler which may be required for heating or other purposes shall be located outside the building, and the space allotted to the same shall be enclosed by walls of masonry on all side-, and the floor and ceiling of such space shall be constructed of fire; 556 material. All doorways in said walls shall have standard fire doors. No floor register for heating shall be permitted. COILS, RADIATORS, LOCATION. Sec. 430. No coil or radiator shall be placed in any aisle or passageway used as an exit, but all said coils and radiators shall be placed in recesses formed in the wall or partitions to receive the same, or may be suspended on the walls at least six feet six inches above the floor; provided, all supply return or exhaust pipes are recessed in the walls. All supply, return or exhaust pipes shall be properly incased and protected where passing through floors or near wood- work. Cas heaters shall not be used for heating purposes. WORK SHOP, STORAGE ROOM, PROPERTY ROOMS. Sec. 431. No work shop, storage or general property rooms shall be allowed on the auditorium side of the pro- scenium wall, nor above or under the stage, nor in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall and the openings leading into such portions shall have standard fire doors on each side of the openings, hung to iron eyes built in the wall. RESTRICTIONS AS TO USE OF BUILDING. Sec. 432. No portion of any building hereafter erected or altered, used or intended to be used for theatricn 1 or other purposes, as in this section specified, shall be occupied or used as a hotel, boarding or lodging house, factory, work shop or manufactory, or for storage purposes, except as may hereafter be specially provided for. Said restriction relates not onlv to that portion of the building which con- tains the auditorium and the stage, but applies also to the 557 entire structure in conjunction therewith. Stores or shops for tin' sale of goods shall be permitted on the ground floor. No store or room contained in the building nor the offices, stores or apartments adjoining as aforesaid, shall be lei or used for carrying on any business dealing in articles especially hazardous, nor for manufacturing pur- poses. No lodging accommodations shall be allowed in any part of the building communicating with auditorium. EXISTING BUILDINGS. Sec. 433. All existing theatres shall be made to comply with the provisions of this ordinance, to such extent as may be deemed necessary and practical by the board of com- missioners. DIAGRAM ( >F THE VTRE I )\ PRi >GF \M. Sec. 434. A diagram or plan <>i each theatre, gallery it floor showing distinctly the exit- therefrom, each occup) ing a space not less than fifteen square inches, shall be printed in black lines in a legible manner en the program of tlte performance. FIRE ALARMS. Sec. 435. '[here shall be a fire alarm directly conne with the fire department in all theatres, moving picture build- ings, and all place- of public assemblage with a seating capacity of over four hundred. RIGHT OF ENTRY BY AUTHORITIES. Sec. 436. The mayor, the members of the board of commissioners, the inspector of buildings, the electrical in- spectors, the chief of the fire department and the chief of the police department shall have the rigl 'iter 36 558 at anv time on official business any building used for theatrical or operatic purposes or for public entertainments of any kind. FIRE DEPARTMENT TO CONTROL FIRE APPARATUS. Sec. 437. The standpipes, gas pipes, electric wires, hose, footlights and all apparatus for the extinguishment of fire, or guarding against the same, as in this ordinance specified, shall be in charge and under the control of the fire department. FIRE DEPARTMENT DETAIL. Sec. 438. The chief of the fire department is hereby directed to detail one experienced member of the fire de- partment for service at each and every building used for theatrical or operatic purposes to be present on the stage of each building during the progress of each and every performance held therein. SPECIAL PROVISIONS RELATING TO PLACES OF AMUSEMENT WHEREIN MOVING PICTURE EXHIBITIONS ARE GIVEN. Sec. 439. All places of amusement to be constructed, erected or altered wherein moving pictures are exhibited for public entertainment, and where an admission fee is charged, having a seating capacity of 400 or more persons, shall be built and constructed to conform to all laws, condi- tions and requirements now existing or hereafter to come in force and effect relating to theatres and places where theatrical or operatic performances are given. All such places of amusement hereafter to be constructed, erected or altered, wherein moving pictures are exhibited for public entertainment, and where an admission fee is charged, having a seating capacity of less than 400 persons, 5S9 shall be built and constructed in accordance with the m^ laws, conditions and requirements, to wit: A. All such places of amusement in the fire limit - must be and shall only be contained in Class "A." Class "B," or Class "C" buildings. All such places of amusement not contained in I "A" or Class "B" buildings must have their interior en- tirely and throughout lined with sheet metal, or metal lathed ami plastered. Brick, tile or concrete walls need ii"t be lathed or plastered. 1'.. All aisles in the auditorium having seats on both .side- of the same shall be not less than 3y£ feel in width when the aisles are 60 feet or less in length and nol less than l feet m width when the aisles are more than 60 feet in length. Aisles having seats on our side only shall be not less than _''_■ feet in width when the aisles are 60 feet or less in length, and not less than 3 feel in width when the aisles are more than 60 feet in length. All s,at> m the auditorium shall not be less than J 1 ' inches from back to back, measured in a horizontal d lion, and firmly secured to the floor. No seat in the audi- torium shall have more than 6 seats intervening between it and an aisle. No seat nor stool shall be placed in any aisle. I i \11 such places of amusement having a seating capacity of 300 or more persons shall be equipped with at least "iu- 1 inch galvanized standpipe in the middh wall of the auditorium. Said standpipe shall ha\ inch direct connection with the street main. Attached ud standpipe there shall be fifty feet of l'_.-mch 1 and at the end of such hose shall be a five-eighths-inch play pipe. E In all such places of amusement of whatever ing capacity, two buckets, each containing .it all ti 560 not less than three gallons of water, must be kept with two fire extinguishers immediately outside the operator's booth, or moving picture box, and said buckets and fire extinguishers shall be ready for service at all times. F. All theatres and other public places of amusement used for the exhibition of, or where moving pictures are dis- played shall place and operate the projecting or picture machine in an enclosure or booth made of suitable fireproof material having a mechanical and fire resistance equal to No. 19 gauge sheet iron, covered with one-eighth inch sheet as- bestos ; said enclsoure shall be thoroughly ventilated and large enough for operator to walk freely on either side or back of machine. Top and bottom reels must be used with all projecting or picture machines, and must be encased in fireproof mag- azines constructed without solder, with apertures only large enough for film to pass through freely. All reels and films not actually in use must be kept outside the booth in a steel box constructed without solder, having a tight fitting cover. A three gallon chemical fire extinguisher must be continu- ously kept just outside operating booth. All theatres and other public places of amusement now- built and used for any of the purposes mentioned in this sec- tion shall, within forty-five days after the approval of this ordinance, be so equipped as to conform to the provisions hereof. There must be in the operator- booth a metal ven- tilating pipe, not smaller than six inches in diameter, which must extend through an exterior wall or roof of the build- ing, or may be connected to a brick or a patent chimney. A window opening directly to the outer air may be used in lieu of the above ventilating pipe. G. Openings for picture and operator's view shall not be larger than 12 by 12 inches, and must have gravity doors made of No. 14 B. & S. gauge sheet iron arranged to drop freely in heavy metal grooves on inside of booth. 561 Doors to be held in position (open) bj fusible link:. placed in series with a single strand or cord, so arranged that cord will be suspended directly above film when in place in machine, so that in case of ignition of film the link will fuse or cord will burn and allow gravity <1 to drop and close openings. There shall be no opening from the operating booth into an) closet, storeroom or Mind space, and bin cue exit door. 11. All electric wiring must be absolutely safe. The operator's cabinet or picture Imx must be absolutely fire- proof, and the picture machine must be operated entirely by hand. The use of a motor to operate the picture machine is hereby strictly prohibited, unless the motor shall b< outside of the operator's cabinet and connected to the ma chine by a belt or other device satisfactorj to the chief oi the fire department. 1. No wooden fixture.s, benches or appliances, unless same be metal clad, and no other inflammable materials not required for the operation of moving picture machines shall be allowed in the operating room. J. All such places of amusement shall have at least one frontage on a street, and in such frontage there shall be at least two exits, each of which is to be at leasl five feet wide. In addition t" such exit- on the street there shall be rved for service in case of emergency, where the seat- ing capacity is 150 or less, one exit in the rear: where the ing capacity is greater than 150 and less than 300, there shall be one exit in the rear and an additional exit in the rear half of the auditorium; where the seating capacity greater than M*> and less than 400, there -hall be one exit in the rear and two additional exit-, one of which must be in the rear half of the auditorium and which, in the luditoriums less than 30 feet in width, mus the 562 side near the center. Such rear exits, if in the side walls, must be within ten feet of the rear wall. Each exit shall be not less than five feet in width. All exits must open into public streets, public or private alleys or into passageways at least five feet wide communicat- ing directly with the street. Said passageways must have their interiors lined throughout with sheet metal or be metal lathed and plastered. Exits which lead into five-foot interior passageways must have no doors, but may be hung with curtains or portieres. All doors and exits must open outward and be unfastened at all times during which people are assembled. Every exit shall have over the same, in the inside, the word "EXIT" painted in legible letters not less than four inches high : over each such exit shall also be a red light on an independent circuit from all other lights in the building. K. There shall be aisles of the width hereinbefore specified, extending the entire length of the auditorium to each and every exit opening into said streets or alleys, or passageways ; there shall be a space of at least ten feet between front tier of seats and screen or stage: cros-- aisles leading to side exits shall extend from center aisle to said exits. Where exits are at rear, aisles leading to same shall be of the maximum widths herein prescribed, through- out their entire length. PLACES OF PUBLIC ASSEMBLAGE. HALLS. Sec. 440. Cnless specific reference is made in this ordinance to special buildings for public assemblage, the following provisions shall apply : Under this heading shall be included public halls and club halls which may be used for public entertainment, and although occasionally used for theatrical representation shall not be construed to be theatres as the term is used in this ordinance, notwithstanding the fact that movable scenery is used upon the stage thereof; provided, however, that such halls shall not be used for theatrical representations on more than three consecutive days nor more than thirty times in a year. Halls and places of assemblage other than theatres have but one gallery above the main floor, and i ing capacity shall not exceed one-fourth the total seating capacity of the hall. All buildings containing places of assemblage seating more than five hundred (500) people above the first I shall be of Class " \" or Class "B" construction. No place of public assemblage seating over Mh) people shall he abo\ e the second flour. Inside the fire limits all buildings used as place public asserhblage, seating over eighteen hundred (1800) peo- ple, shall be of Class "A" construction. It seating from one thousand < 1<' i eighteen hundred (1800) people, shall be ^i Class "A" or i lass "B" con struction. If seating less than one thousand I 1000) people, shall be of Class "A," Class "B," or Class "C" construction. Outside the fire limits halls may be of frame construc- tion, but if seating over eighl hundred (800) persons the rooi shall be of metal, supported on steel trusses and steel purlins and steel columns carried to the foundation EXITS. Sec. 441. All exits shall have doors hinged t" swing out and shall he not le~s than five t , ; l feet wide Halls havm eating capacity of eighteen hundred 1800) people or over shall have one exit for every four hundred and fift) 150) people. If situated on a street corner, -hall have at least twi exits to each street. If > >n inside l"t. shall have at least two reet and two (2) exits to rear street or a court, built full length of hall, at en feet 564 (7 feet inches) wide open to front and rear streets, or to two such courts both open to front street. If stairs are necessary they shall not be less than six (6) feet wide. Halls having a seating capacity of one thousand (1000) to eighteen hundred ( 1800) people shall have at least four (4) exits situated as above. Stairs, if necessary, shall not be less than five feet six inches (5 feet 6 inches) wide. Halls having a capacity of four hundred (400) to one thousand (1000), if on a street corner, shall have two (2) exits to front street and one (1) exit to side street. If on inside lot. shall have two (2) exits to front street and one (1) exit on or near the rear leading to rear street or to a court leading to front street. Courts and stairs shall not be less than five (5 feet inches) wide. In Class "A" or "B" buildings the side courts will not lie required, but the same number of exits as widely separated as possible will be required. Halls having a capacity of less than four hundred (400) people shall have two (2) front exits, or if on street corner, shall have one il i front and one (1) side exit, or may have one i 1 i front exit and one (1) rear exit to street or alley. Stairs shall not be less than five (5) feet wide. It halls are situated above the first floor, exits may open into vestibules with stairs leading to streets There shall be at least one (1) foot width of stairway for every one hundred people or fraction thereof. Where one side of hall borders on street, alley or court, iron balconies with stairs leading to ground may be used in lieu of stairs and may be hinged and suspended by weights when not in use. if on public street or alley. \\ here halls occur in different stories of a building the stairs leading from same shall be increased one foot in width of each stair for each additional story where hall or halls occur; excepting in Class "A" and "P." buildings, where this provision shall not applv. 565 Galleries seating more than one hundred (1(H)) people shall have two stairways, one on each side. There shall be at least one foot width of stairway for ever) one hundred (100) people or fraction thereof. No stairway shall be less than three feel six inches (3 feel 6 inches) wide. Winders shall not be permitted in anj staircase lea from a hall or from a gallery therein. I in provisions relating to aisles and seats in theatre- shall apply to halls. When movable seats are used the) shall be subject to the same regulations regarding aisles and exits as are fixed seats Where the building is of Class "( " construction there shall l>e a brick or concrete wall extending from basement to roof, dividing the hall for public assemblage from other parts of the building. Such wall may have not more than two openings in each story connecting the hall with other parts of the building. Such openings shall be nol over eight (8) feet in width and -hall be not less than for' | 10 apart, and -hall be closed by iron doors IK >TELS VND 1.' IDGING Hi "US! - Sec. 442. In all buildings other than Class "A" or Class "B" used as hotels or lodging houses, all partitions must be lathed and plastered and must run to the ceiling. All buildings used as hotels or lodging houses with sleeping accommodation- for more than one hundred people shall be Class "A," Class "1'." or Class "C." No frame or wooden buildings used a- hotels or lodging houses shall be over three stories in height. EXHIBITK >N BUILD! MIS Sec. 443. Buildings for fair and exhibition purposes, towers For observation purposes and strud similar 566 use, outside of the fire limits, whether temporary or perma- nent in character, shall be constructed in such a manner and under such conditions as the board of commissioners may prescribe. SMOKEHOUSES. Sec. 444. All smokehouses shall be of fireproof construction, with masonry walls, iron doors and masonry or metal roofs. An iron guard shall be placed over and three feet above the fire, and the hanging rails shall be of iron. The walls of all smokehouses shall be built up at least three (3) feet higher than the roof of the building in which they are located. POWER WOODWORKING MILLS, ETC. Sec. 445. No building shall be constructed to be used as a planing mill, saw mill, sash and door factory, furniture or cabinet factory or other woodworking purposes, if planers, stickers or jointers are used and run by power unless the same be of heavy timber, "mill construction" frame and floors. The exterior walls and roof shall be corrugated iron fastened to the timber frame and without boarding, if outside the fire limits, unless of Class "A." "R" or "C" construction. Said building shall not exceed two (2) stories, or thirty (30) feet in height, shall have floors not less than two (2) inches thick extending to the outer covering of the building; shall have all elevators, hoists, stairs, chutes and other vertical floor openings tightly closed with wood partitions and doors or trapped; and the outer wall, floor and roof system shall be constructed without concealed spaces. No building already erected and not now so used shall hereafter be used as a planing mill, saw mill, sash and door factory, furniture or cabinet factory, or for any other woodworking purpose, if planers, stickers or jointers are 567 used and run by power, unless it is made to conform to the above specification. In buildings of Class "( " used as planing mills, wa arriage factories, furniture factories or am other wood- working factories, all joists arid studding bearing weigh! shall be covered with metal lath and plaster and the floor shall be double, with the top floor laid over three-quarters I of an inch of mortar, or two thicknesses of asbestos r, unless such building is constructed on the slow hum ing or mill construction plan, in which case the floor shall extend from one beam to another and shall not be less than three (3) inches thick. All planks shall be laid to the ends of the timbers. STABLES OR ANY PREMISES FOR THE PURPOSE OF STABLING HORSES. MULES. COWS OK HER W'IMAI.S AND PROVIDING FOB Till'. ST (RING AND R] MOVAL< >F M WIRE. Sec. 446. It shall be unlawful to hereafter construct any building or premises to he used as a stable for horses, mules, cows or other animals, or to maintain as such a -table, any existing structure not so used at date of the of this ordinance, without first obtaining a permit from the board of commissioners, specifying the name of the permittee, and the location of building or premises t . > he used as a -table and the numb mimals intended to be kept therein. STABLE BUILDINGS. Sec. 447. All buildings used for stabling animals in the basement shall be of Class "C" mill construction. \ll buildings used for stabling animals abi first round Fl< Class "A" or "B" construction if more than 125 head are kept therein: if 125 head or less arc- kept therein they shall be Class "C" mill construction All building - stabling animals on the tay be of frame • they ts and not more than 125 head . : therein. . modatir,.. : animals shall be provided with fully equipped fire h( - - racks adequa:^ - - through not 55 1 stand-pipes said reels - shall be of - . number and - that with 50 feet of cotton with a water pressure of 2 re inch, all p; - :he building may be reached. - - Ef 50 animals or n 11 be equipped with one 5.000-gallon water tank on roof, and with a 3 4 -inch supply pipe. Wet stand- pipe- alibre shall be run therefror -quipped with proper valves, connected thereto l^-inch cotton hose onr:: • - - d shall I - ch number and so placed that with 50 feel - the building may be In all stable buildii »g= 2lass "A," "B" and "C mill there shall be one emergency runway not less thar . et in width in the clear, besides the regular ay. The dl buildii j*s ses hereafter con- and intended to be used for the purposes of stabling ses, mules - :>ther animals must be of conci -- in three inches thick with a lay-. :nent or asphalrum no1 -- ne-half inch thick. A s« V-shaped gutter drain shall be con- structed at the time the floor is put down in the rea~ those poi - ts of 1 - - where stalls ar. :ed. This gutter drain shall have a uniform thickness the same as that of the floor of the stable and shall not be less than four in -:de measurement at the floor level, nor - rhan three inches in depth, with sufficient fall to carry off all liquid discharges from the stalls. In all b 3 hereafter r when the side walls icture shall n cement — than i • - necess Wash racks, when n the f such manner s Every person n :her place in wl or s tin. ziri ■n the area Hin shall be by meai than U in g The - - - the stal her place, and thereof, be - t clean ven- -hall be in the ar the hin ten icent pr tich the fac in the r 570 Every stable or other place, where horses, mules, cows or other animals are kept, must have not less than 1,000 cubic feet of air space in the clear for each and every animal kept therein. It shall be unlawful for any person to use any stable or other place where animals are kept as a place of storage for fruits, vegetables, meats, milk or any other foodstuffs. All feed excepting hay shall be kept in a metal lined bin or metal lined room, so constructed as to be rat-proof. The provisions of this ordinance shall apply to all stables that shall hereafter be conducted in structures which are now existing but are not used for stable purposes at the date of the passage of this ordinance. GENERAL PROVISIONS. EXPLANATORY. Sec. 448. The following general provisions shall ;,pply to the construction of all buildings of all classes con- templated in this ordinance unless specific exceptions or definite clauses under the various classes of buildings be made, in which case the said specific exceptions and definite clauses shall govern. COMMUNICATING OPENINGS IN EXTERIOR DIVISION AND PARTY WALLS. FIRE DOORS. Sec. 449. Openings through masonry exterior, division or party walls, whereby communication is made with an adjoining building or room, shall not exceed eight (8) feet in width, shall have standard fire doors constructed and arranged as hereinafter specified at each side of such open- ing, and not more than one (1) such opening shall be allowed in every 50 lineal feet or portion thereof of said walls in any one story. 571 All such fire doors shall be closed at night] or when the building is closed down, and shall be automatically self- closing by the action of one (\) or more fusible links placed in each door opening. VNDARD FIRE DOOR, CONSTRUCTION OF. Sec. 450. \11 [ire doors shall overlap the walls at least [our (4) inches al sides and top. Sills shall be of metal at least one-quarter ('.ji inch thick on masonry, or of nd have horizontal faces extending under fire doors ami outer edges flush with the outer surface of fire doors, and with the top flush with or above the adjacent floor. Top of sliding doors shall conform to incline on the track, which shall be three-quarters f-'ji inch to the foot. No door shall be hung on wooden frame or in contact with any woodwork. Doors shall be made of three (3) thicknesses of seven- eighths I '■'<> inch by six (6) inch tongued and grooved non resinous boards, surfaced both sides, the outer thickness to be vertical and the inner thicknesses to be horizontal, nailed with clinched nails. Doors shall be entirely covered with good tin plate charcoal. 1"" not over fourteen (14) inches by tv JO) inches in size, laid with locked joints ering nail-heads, and all vertical seams shall be double- locked. No solder shall be used. All doors shall have hinges, hangers, latches and chaffing strips of wrought iron bolted through the doors, and shall have steel tracks and wrought iron stops and binders bolted through the wall. Swinging doors shall have wall of wrought in>n built into the wall STANDARD FIRE SHUTTERS— WHEN REQUIRED. Sec. 451. Every opening in am exterior masonry wall, including nd side courl walls, of any build- 572 ing over twenty-five (25) feet or two stories in height, except dwellings, churches, school houses and municipal buildings, which is within, or shall at any time come to be within, thirty (30) feet in any direction of any portion of another building, shall have standard fire shutters, or self- closing rolling corrugated steel shutters or doors, or others of equal efficiency. Wire glass not less than '4 of an inch thick in metal sashes and frames shall be deemed an equivalent of and a substitute for fire shutters or doors. All doors and shutters opening upon fire escapes and at least one row vertically above the first story, shall be so arranged as to be readily opened from the outside by firemen, and those opening upon the first story shall have locks so arranged as to admit of easy destruction by the fire department. Rolling steel shutters above the first story shall not be locked or fastened on inside. All such shutters or doors shall be closed at night, or when the building is shut down. STANDARD FIRE SHUTTERS. CONSTRUCTION OF. Sec. 452. lire shutters shall overlap the outside of the wall at least 4 inches at top and sides, or be close fitting against masonry work inside of opening, but shall not be hung on wooden frame or come in contact with any woodwork. Shutters shall be made of two thicknesses of ^-inch by 6-inch tongued and grooved non-resinous boards, sur- faced both sides, crossed at right angles and nailed with clinched nails. Shutters shall be entirely covered with good tin plate, "IC" charcoal, 109 pounds per box, in sheet not over 14 by 20 inches in size, laid with locked joints covering nail-heads, and all vertical seams shall be double-locked. No solder shall be used. 573 Shutters shall be hung on substantial wroughl iron i>iu or eye blocks buill into the wall, and shall have wrought iron hinges, catches, and liars bolted to the shutter. KI.IA \ [*< >RS. Sec. 453. The strength of the ropes, gearing and all other portions of the mechanism ol passenger elevators shall be calculated with a factor of safet) of twenty figured from tlir actual static loads all other elevators ten is to be used ,1-- the Factor Iso figured from actual static loads. The mam suspension ropes or cables of all elevators used for passenger or freight must be of non-combustible material. Every elevator shall be provided with approved devices for preventing the car from falling in case of accident. All freighl elevator shafts must be provided at each floor through which they pass with latest and best ap ances, style and design of automatic closing safet) gat< Doors opening into passenger elevator -hafts shall be entirely under the control of the operator and shall be so arranged that they can be opened only from the insid< Elevator cabs shall be so covered by wire screen to protect passengers from falling machinery. Every pan of the elevator shaft shall be protected by a metal grill when not enclosed. Al the tup of the elevator shaft and directly under the machinery there shall be placed a fixed wire en of sufficient Strength to hold any falling machinery. 1 \ \ Tl >RS. BUILDINGS LASS "A" WD CLASS "B." Sec. 454. (a) In buildings of "A" and < "I'.." all passenger elevators, ..1 irs in which passen- - are carried, shall be enclosed by partitions of mas 87 574 m it less than eight (8) inches thick, or reinforced con- crete not less than six (6) inches thick, or of terra cotta or plaster blocks not less than four (4i inches thick, extending from the lowest basement floor to and through the roof and above same to a height not less than three (3) feet, or, if covered with a skylight, not less than two (2) feet. All doors in such enclosure shall be of wire glass in metal frames, of solid steel, or standard tin clad or other suitable fire doors not less than two (2) inches thick, and all other openings shall be similarly protected. (b) In buildings of Class "A" and Class "B," all freight elevators, hoist-ways or well-holes, if not enclosed in the manner required in subdivision (a) of this section. shall have the openings through and upon each floor of said buildings provided with good and sufficient automatic trap-doors properly counter-weighted and covered on the under side and edges with tin, so constructed as to form a substantial floor surface when closed. Such trap-doors shall be closed at the close of the business of each day by the occupant or occupants of the building having the use or control of the same. (c) In buildings of Class "A" and Class "B," dumb- waiters, chutes, fuel hoists and service shafts shall have an enclosure, their entire height, of the construction required for partitions in buildings of the class in which placed. All openings in such enclosure shall be protected as required by subdivision (a) of this section for elevators. BUILDINGS OF CLASS "C"— FRAME BUILDINGS. Sec. 455. (di In buildings of Class "C." except those of mill construction, or in frame buildings, all elevators, dumb- waiters, chutes, fuel hoists and service shafts, if not enclosed or trapped in the manner required in subdivisions (a) and (b) of this section for buildings of Class "A" and Class "B," shall be enclosed with wood studs covered on both sides 575 with lock-jointed metal ovei boarding, or metal lathed on both sides and plastered, extending from the lowest base meni floor to and through the roof and above same to a heighl of nol less than three (3) feet, or, if covered with a skylight, not less than two (2) feet. All openings in such shafts shall be protected as pro ed Hi subdivision (a) hereof for Class "A" and (lass "P.." MILL C< (NSTRUCTK >N. Sec. 456. (e) In mill construction buildings, eleva shall be enclosed as required in subdivision (a) of thi> section for buildings of Class "A" and Class "B," or many be en- closed by a crib-constructed wall nol less than four I •■ inches thick, with all openings in the enclosure protected as required in subdivision (a) "i this section for Class "A" and Lias, "B." 1 1' i In mill construction buildings, all dumb-wail chutes, fuel hoists or service shaft,- shall be enclosed their entire height in the manner required for elevators in sub- division (c) of this section, or may he trapped at each floor in the manner required in subdivision (b) of this section t< >r elevators in buildings of Class "A" and t'la>s "B." ELEVATORS NOT IX SHAFTS. Sec. 457. ! levators not in shafts shall he encl< from the basement floor to the under side of the first floor with tight partitions and doors of tin- construction required for elevator enclosures in subdivisions (a), (b) and (d) of this section for tin- specific ela>> of building in which such itors, dumb-waiters, chutes, fuel hoist- and service shafts arc placed. Ill V \ Ti iR M \< IIIXLKY. Sec. 458. (h) When in any building the compartment which contains the machinery for operating an elevator com- municates with the elevator -haft or basement enclosure, it 576 shall be enclosed with partitions constructed as required for the shaft, with all openings protected as required in sub- division (a) of this section for Class "A" and "Class "B." SIDEWALK ELE\ AT< >RS. Sec. 459. The shafts or sidewalk openings of all sidewalk elevators must be covered with substantial iron doors. Such doors must be provided with some mechanical device for locking and unlocking them which will not re- quire any person to ride on the elevator for the purpose of locking or unlocking said doors. The doors of all side- walk elevators must be opened by hand from the outside. Sidewalk elevators must be provided with a safety device which will not permit the elevator to be operated unless the sidewalk doors are open. All openings hereafter constructed in sidewalks for sidewalk elevators shall be located in the outer half of the sidewalk, next to the curb. The outer edges of said open- ings shall be not more than thirty inches from the outer line of the curb. The length of the sides of said openings parallel with the curl) shall not exceed six feet. The length of the sides of said openings at right angles to the curb shall not exceed one-half the width of the sidewalk and in no case shall such length exceed five feet. STAIRS. Sec. 460. In every building not used as a private dwelling there shall be at least one stairway leading from all upper floors to the first or ground floor with access to street ; and there shall be at least one stairway from every basement to the ground floor. Every building of more than 2.500 and less than 7.500 square feet area on the main or ground floor shall have one main stairway from the first to second floors, and 577 above the second floor one stairway at least three (3) feet wide. In addition there shall be a second stairway above the second floor no1 less than two (2) feel wide; such si way shall be removed as far as possible from the main stairway, but shall be accessible fr< halls and shall extend to the top floor of the building. In every building having an area of 7.5(H) or over and less than 10,000 -. juare feet, said second stairwa) -hall Ik- at lca>t two feet >i\ inches in width and shall extend to the ground floor level and open t<> a street, alley or to a i having access to a stn I ley. In all buildings of 10.000 square feet or over in area lie main ind floor one stairway shall he provided in addition to the two mentioned above, which shall be not less than three feet wide; a reasonable - tl "I the three stairways -hall he required. Every building having an area of 12.500 square fee greater shall have at least one continuous stairwav enclosed with suitable walls of brick, burnt clay blocks, reinforced concrete or such other fireproof material- and form of con- struction a- ma) l>e approved by the board of commission- said walls or construction shall he continuous and ex tend at least three feet above the roof. All door- Opening in such stair hall enclosures shall be provided with self- sing fireproof doors and frame- of metal, and the sash and frames .-hall he of metal and glazed with wire glass. All -uch fin stairways musl have direct communica- tion with a street or alley, through a passageway tire- pro. .fed a- indicated for stair enclosui In every building a fire escape may take the place of one otherwise required stairway, provided -aid fire ■ connected directly to a public hallway or public -pace. The fire escape may take the place of a stairway beginninj the second floor level, not of a stairway required to -round 578 Stairways in Class "A" and Class "B" buildings shall be built of metal or reinforced concrete: stairways in Class "C" or frame buildings may be of metal or timber. Marble treads, if used, shall have metal supports on all sides. OBSTRUCTION ON STAIRS. Sec. 461. Stairs or stairways passing from one floor to another in any building shall not be covered with a per- manent flooring, but may be closed with a board partition extending from the floor to the ceiling, and provided with a door, which must be kept free from all obstruction at all times; provided this section shall not apply to buildings used for public assemblages. Goods or obstructions of any kind shall not be placed on the stairs of any building. Explosive or inflammable compounds, or combustible materials, shall not be stored or placed under any stairway of any building, or used in any such place or manner as to obstruct or render egress hazardous in case of fire. SKYLIGHTS. Sec. 462. Skylights in buildings of Classes "A". "I'."' and "C." All skylights in buildings of Class "A", Class "B" or Class "C" shall be self-supporting, and the frames and sashes thereof shall be constructed of metal and glazed only with wire glass not less than one-quarter of an inch thick. Skylights in theatres shall be constructed according to the requirements of this section. SKYLIGHTS IX FRAME BUILDINGS. Sec. 463. All skylights in frame buildings on roofs projecting at an angle less than twenty-two and one- 579 half (22//$) degrees, not enclosed bj a substantial railing at least three (3) feet high, shall be protected bj screens of No. H' wire, with meshes not more than one and half t 1 ' _• i inches square, which screens shall be secured t' 1 the sash and must be kept at least four I 1) inches above the glass. [f skylights are glazed with wire glass nol less than one-quarter » ; i inch thick, the wire screens maj be omitted U< IO] O >\ I RINi Sec. 464. (a) Shingles may be used cov- ering >>n frame buildings and brick dwellings outside the fire limits, also "it brick dwellings within District No. _'. 'lit The roofs of all other buildings shall be covered with either metal, slate, tile, terra cotta, asbestos shingles, tun layers of prepared roofing, each layer weighing than thirty-five (35) pounds per one hundred square feet, or at least four layers of saturated roofing felt, each r weighing nol less than fourteen i14i pounds one hundred square feet, provided that said t\\" layers of prepared roofing, and said t"itr layers of saturated roofing telt. shall be cemented together with asphaltum and then ered with a flowing coal "t" asphaltum, in which shall be im- bedded clean screened gravel "i" sufficient quantity t<> thor- aid gravel shall pass through a en whose meshes do n « >t exceed five-eighths ■:' an inch square and be rejected by a number six (No screen I further, that said four piles of saturated felt shall be laid over a dry sheet of unsaturated fell on all - inside the fire limits, where wood sheathing i- u i >r by three i 3 I layer- of pure asbi of tv -.Unrated layer- and "tie (1) unsaturated la all cemented together with asphaltum when heel separately "ti the building, and weighing nol less than 580 sixty (60) pounds to the one hundred (100) square feet: said three (.3) layers of asbestos roofing to be laid on top of a sheet of unsaturated asbestos weighing not less than twenty-two (22) pounds to each one hundred (100) square feet of surface, (c) Shingle roofs on buildings within Fire District No. 1 when damaged by fire or decay to the extent of 40 per centum, shall be replaced only with the roof cov- erings named in sub-division (b) hereof. SCUTTLE AND LADDERS. Sec. 465. All buildings except private dwellings over twenty-five feet high shall have permanent means of ac- cess to the roof from the inside, with ladders or stairs leading thereto and accessible to all occupants. The open- ings in the roof shall not be less than J4x.io inches, ami when ladders are placed on the exterior of any building they shall be constructed of metal and bolted through the walls of said buildings at each story with not less than \s-ineh bolts, with the nuts anid washers to show on the out- side of the building. Said ladders shall be placed not less than eight inches from the walls of buildings, and shall ex- tend at least two feet above firewalls or roofs of buildings, and shall lie securely fastened at top. Size of metal for ladders, 2 inches x -\ s inches, eighteen or more inches apart. Size of rungs for ladders, .\ ( -inch in diameter. The braces carrying ladders shall be 1 ' _■ inches by Yz inch, bolted through the building. Where the ladders join they shall lie connected and bolted with not less than four bolts on each side. Screws or lag screws shall not he used in the construc- tion of said ladder^. In frame buildings, where the studding does not cor- respond with the measurements for ladders, extra headers S81 shall be inserted between the studding, of the same thick- - as the studding, and securely spiked. I HIMNEYS W'l> FLUES. Sec. 466. All chimneys and flues hereafter con- structed, excepl as herein provided, referring to patent chimneys, shall be of brick or stone, or may be of concrete when in concrete walls; tluir enclosing walls shall be nol less than four (4) inches thick, and shall, if less than eight hick, be lined on the inside with well burnl i or terra cotta pipe net less than | .if an inch thick for flue linings of the following inside dimensions: 3x7 inches, .v\ll'j incite-. 7\7 inches, and 7x11 \ inches, and one inch thick for fine linings of the following inside dimensions: 15 inches, 6 \1. ; inches, 11x11 inches, 11x15 incite-, and 15\15 inches. Said lining -hall start from the bottom of a fine "i the throat of a fireplace. In- continuous to the top of the fine, and shall he huilt in first and bricked around as carried up. Flues, where lining i- nut required by this ordinance, -hall have the joints struck smooth on the inside, and. if less than eight (81 niche- thick, shall he smoothly plastered for the entire height on the out- side. No -nil ike flue shall he less than 7x7 inches in the clear, and -itch sized flue shall have hut one inlet; for two inlet- the flue -hall he not less than 7x11 ' inches in the clear; for three inlets 1 1 . > t less than 6] xl5 inches in the clear, and for a larger number of inlet; shall he increased in same proportion. Flues larger than t\\" hundred square inches and less than five hundred square inches in area shall he surrounded by wall- ti"l less than eight inches thick: flues larger than five hundred and than one thousand square inches in area -hall he surrounded by wall- not less than twelve inches thick to a heighl of fifteen feet above 'he inlet, and eight inches thick the re- maining height; flue- larger than one thousand square 582 inches shall he proportionately increased in size and shall he lined with fire brick for at least twenty feet above the inlet. Bakery oven flues shall not be less than 12x12 inches in the clear and shall be surrounded by brickwork not less than eight (8) inches thick. The inside four inches of all boiler flues for boilers of over twenty-five horsepower shall be of firebrick, laid in fire mortar, for a distance of twenty-five feet in any direction from the source of heat. Chimneys and stacks connected with steam boilers shall extend not less than ten feet above the woodwork of the roof, or any adjacent roof, and if sawdust, shavings or wood are burned, shall extend twenty feet above such roofs and be provided with a spark arrester. Spark arresters shall be placed upon all chimneys and stacks whenever deemed necessary for the safety of property, by the inspector of buildings. Chimneys and flues from boilers, restaurants and hotel ranges, bakers' ovens and similar unusually hot flues, shall have the outside exposed throughout the height of the room in which connection therewith is made, and if plastered, shall be plastered directly upon the bricks. All chimneys having a greater flue area than two hundred and sixty (260) square inches shall be carried up at least ten feet above the highest point of the roof of the building of which they form a part, and ten feet above the highest point of any roof within fifty feet of such chimney. Where a smoke pipe is to enter a chimney or flue, a tile thimble not less than \. ; of an inch thick shall be placed as construction progresses. Thimbles shall be surrounded by four inches of brickwork brought out flush with furring, and shall extend to the face of the plastering, and not be nearer than six inches to any wood, lath and plaster. No tile pipe shall be used as a smoke pipe in connection with such thimbles. Chimneys not pari of a wall shall not be built upon an\ floor or beam of wood, bul shall be built from the ground up, and shall not increase in size from the founda- tion. No chimney shall be corbelled oul more than eighl inches from a wall, and corbelling shall consist of al least five courses of brick, but no corbelling shall be more than four inches in twelve-inch walls. Offsets for reducing the si/c of chimneys shall not be greater than one inch to each course. Flues in partj walls shall not extend within four inches • <\ the center of the wall, and joint fines in parte walls shall be separated across the wall by an eight-inch width of brickwork for the entire length. No joist or girder shall be supported on the walls of any chimney or flue, and no woodwork shall be placed nearer than two inches to the outside face ol, or within seven inches of the inside of an) smoke, air or other fine. All wood joists -hall lie trimmed away at least two inches from any smoke, an- or other flue; the trimmer beam shall not be less than eight inches from the inside of the flue, and four inches from the outside of a chimni breast; except that for smoke flues, the brickwork of which b) this ordinance required to be eight inches thick or more, the trimmer beam shall not be less than twelve inches from the inside of the flue. Chimneys built outside ,,f frame structures, or in light wells thereof, shall be well anchored, at intervals of not less than ten feet, to the stud walls. All chimneys and flues shall be properly cleaned and all rubbish removed and same left smooth on the inside on completion of tin- building. FIREPLACES. Sec. 467. All fireplaces and chimney breasts where mantels are placed, except as hereinafter provided for patent chimney fireplaces, whether intended for ordinary fireplaces 584 or not, shall have trimmer arches to support the hearth; arches shall be of brick, stone, burnt clay or concrete, at least twenty inches wide measured from the face of the chimney breast and their length shall not be less than the width of the chimney breast. Wood centers shall be re- moved from under trimmer arches and no timber shall be placed under any fireplaces or hearths. Hearths shall be of brick, tile or stone. Fireplaces shall have arched heads with an iron arch bar ewer the top of the opening and not less than J j\X.2 l / 2 inches, turned up at the ends two inches in each side of a chimney breast, so as to make a perfect bond for arch. All fireplace openings, where furred with wood on face, shall be surrounded by a brick rim eight inches wide pro- jecting four inches, bonded into brickwork. The firebacks and jambs of all fireplaces shall not be less than eight inches thick of solid masonry. When a grate is set in a fireplace a lining of firebrick at least two inches thick shall be added to the fireback unless soapstone, tile or cast iron is used, and filled solidly behind with fireproof material. No mantel or other wood- work shall be exposed back of a summer piece; the iron- work of the summer piece shall be placed against the brick or stonework of the fireplace. No fireplace shall be closed with a wooden fireboard. Open fireplaces shall have arched heads, which shall, whenever possible, extend to the back of the tile or marble facing. PATENT CHIMNEYS. Sec. 468. In lieu of a brick or stone chimney as hereinbefore provided, there may be erected a chimney known as a "Patent Chimney." A permit from the in- spector of buildings to erect patent chimneys must be secured and may be revoked for failure to erect the chimney as required by the patent and in a workmanlike manner and in accordance with "The Building Law." All "patenl chimneys" shall be built up from the floor "ii which they arc used, and in n< pipe enter the bottom of a patent chimni If a patent chimney be erected on the outside building it shall resl on a substantial iron bracket. [I ported by brackets, the brackets must be of metal and fastened to studding with bolts and nuts. or lag screws shall not be allowed. When erected mi the inside of a building it shall "ii an iron p nol less than om of an inch in thickness and not U-ss than eight (8) incl irickwork on -aid iron plate, and shall have a smoke-proof open- near the bottom for cleaning it. All patent chimneys shall be braced every four feet of their height. Ml jo must and the bands covering the joints shall be made of the best No. 24 iron and filled with cement make them smoke and spark proof. All galvanized iron used for the outside covering patented chimneys shall be of the best No. 24 iron, riveted •her with rivets not more than three (3) inches apart, and may be seamed, and top and bottom of seams secured by rivets, and shall be ventilated by eight holes not than one meh in diameter, said holes to be made the chimney above the roof, S( permit the ir; there shall be a SS than one inch between the clay pipe and the iron covering. X" patent chimney shall be less than one and one-half in from all rk. and the opening in the roof and in each floor and ceiling through which it passes be a it h an iron plate or other fireproof material so as vent the of fire and smoke. Patent chimneys shall not be fastened to the lath siding of the building, but shall be securelj I to the Iding or crosspieces with g 1 iron and in no shall any patenl chimney ' nded from any I am. 586 # No patent chimney shall have more than one inlet. All pipe nsed for patent chimneys shall be composed of pure calcined clay, not less than one inch in thickness. Patent chimneys built on the inside of a house shall have an open- ing in the partition enclosing the chimney to permit the cleaning of the same. INSIDE DIMENSIONS, PATENT CHIMNEYS. Sec. 469. The inside dimensions of patent chimney- shall be as follows : For fireplace of 18-inch opening 6 inch For fireplace of 21-inch opening 7 inch For fireplace of 24-inch opening 8 inch For ordinary stove flues 6 inch Fi >r French range flues 8 inch For steel range flues : . . . 8 inch For furnace flues 8 or 10 inch PATENT FIREPLACES. Sec. 470. All fireplaces connected with patent chim- neys and all gas logs must be set on iron plates, not less than one-quarter of an inch in thickness and not less than three (3) feet nine (9) inches in length by "three (3) fee: in width, which shall be free from all holes. Boards shall not he placet! under the iron plates, which must rest on the floor joists. ( >n the top of the iron plates there shall be one (1) inch of concrete or cement, then a course of brick, followed by the tiling or marble. The strength of the floor must not be impaired by the cutting out for the fire- place. In lieu of resting on the floor joists said iron plates may be suspended by wrought iron stirrups of sufficient length to sustain the fireplace and patent chimney. The brick jambs of every fireplace or grate opening shall be at least eight (8) inches wide, and the hacks shall not be less than eight (8) inches thick, and where fireplaces come over one another on separate flodrs, the jamb of the lower Fireplace shall be wide enough to carr) the pa chimnej far enough t" one side of the jamb above so that the patent chimnej will pass the upper fireplace in as straight a line as possible. Where bends are necessary in patent chimneys offsets shall be used Said shall be made solid and without joints. SMOKE PIPES Ml >T PERMITTED T( ' BE kl-Wh >\ ED. Sec. 471. X" smoke pipe, stove pipe-, terra cotta | earthen pipe, "i- other smoke flue, including vents from forges, excepl as p> i-< > \- i < 1 1-< 1 in this ordinance, shall project through any external wall or window, or through the roof, or any skylight of an} building, and all of the above named pipes and smoke flues which project through the roof or -ides of any building now erected and for which the United States patent has not been issued, musl be removed within thirty (30) days after the passage of this ordinance. SMi >KE FLUES IX PARTITK >XS Sec. 472. \'o smoke flue shall pass through any wooden partition •>( any building unless there is a ventil air space at least four (4) inches around the pipe. \n\ smoke pipe passing through the floor or floors of any build- ing shall l>e protected by a metal casing, extending from the ceiling to at least one (1) foot above the floor, and there shall l>e a ventilated air space of at least foui inches around the -aid pipe. SMOKESTACKS Sec. 473. Smokestacks -hall he constructed of steel, brick "r reinforced concrete. If of steel the metal shall be ii"t less than — '/6-inch thick for diameter up t" 36 inch. 588 I'u-inch thick for diameter 36 inches up to 54 inches; j4-inch thick for diameter over 54 inches; increasing towards the bottom as determined by the weight and lateral wind pressure. If of brick, they shall be laid up in cement mortar and shall be 13 inches thick for the upper 60 feet and increasing by four inches in thickness for each subsequent 60 feet in height, and have an external batter of 1 in 30. If of reinforced concrete, built as outlined under Class "C" buildings, the thickness shall be one-half that required for brick. All breeching shall be of at least T Vinch metal, lined with fire brick or cov.ered with 85 per cent carbonate of magnesia l'S-inch sectional block covering. In buildings of Class "C" and frame or wooden build- ings, smokestacks of iron or steel may be used in connection with boilers and coffee roasters, provided same are not nearer than twenty inches to any woodwork where passing through floors, ceilings, roofs or partitions, and are protected with a metal jacket twelve inches from the stack, extending above and not less than twelve inches below the joists and have metal umbrella to cover the roof opening high enough above the same to permit a free vent. Any woodwork or enclosure of such stack within four feet thereof, other than masonry or tile, shall be metal lathed and plastered or have equival- ent protection. Such stacks on the outside of a building shall not be nearer than eighteen (18) inches to any unprotected woodwork or wood lath and plaster, or nearer than twelve (12) inches to any woodwork or wood lath and plaster, pro- tected with metal extending two feet on each side of such stack. CHIMNEYS OF CUPOLAS. Sec. 474. Steel cupula chimneys of foundries shall extend at least ten feet above the highest point of any roof within a radius of fifty feet thereof, unless such cupola be placed within an enclosure composed of fireproof materials extending at least ten feet above the top of the cupola, and all exterior openings of such structure covered by a suitable 589 screen to prevent the egress of sparks. No woodwork shall be placed within two feet of tin- cupola. Ill-hill'l ( »] I HIMM-A S Wl> FLUES, < II \\l\i, Sec. 475. All chimneys and flues shall extend at least four (4) feet above a flat roof, and at least two (2) feet and six (6) inches above the ridge <>t' a peaked roof, and if rising above the roof to a height equal to more than six (6) times their thickness shall be properly anchored. If the u of buildings deems any chimney unsafe in) adjoining or adjacent building, said chimney shall l>e carried up four feet above the extreme height of said building; and if an extension of iron pipe is deemed unsafe by said ins] f buildings, such extension shall be of brick or terra cotta pipe. The owner or occupant of any building shall cause chimneys thereof to be -wept as often as may be required eep -ante clean. G \S GR VTES, GA< i iS, \\l> I >THER GAS i »R ELECTRICALLY HEATED M'l'l.l A\< > Sec. 476. (a) N'o gas . or other appli- ance using gas or electricity for producing heat. < otherwise ordained, shall be placed in a fireplaci or r< unless such fireplace or recess b< constructed as required in this ordinance for fireplaces, the sides, hack and top of which shall be a brickwork not less than eight (8) m thick; all pipes supplying gas thereto shall be of iron and enter only at the sides of fireplace- or rei through brickwork. logs, or other appliances using electricity for producing heat, not placed in a fire- place -- shall have a clear and unencli it"t than ten (10) inches between them and any m tected woodwork, w 1 lath and plaster <>r other i materia' incite- them and any M Iwork, w I lath and p 'her 38 590 combustible material protected with terra cotta or tiles one inch thick or with metal with one i 1 | inch clear air space between the metal and woodwork, wood lath and plaster, or other combustible material. No vent shall be permitted other than a brick or patent chimney constructed as required by the provisions of this ordinance. (b) No gas range or gas water heater shall be placed nearer than twelve (12) inches to any unprotected woodwork, wood lath and plaster, or other combustible material or nearer than six (6) inches thereto if such woodwork, wood lath and plaster, or other combustible material is protected with metal, one ( 1 ) inch clear air space between the metal and the woodwork, wood lath and plaster or other combust- ible material. No gas range or gas water heater shall be placed in any recess unless the front of the recess is either open or freely vented at top and bottom. (c) Every instantaneous gas water heater shall lie connected to a properly constructed flue or shall be provided with a vent pipe not less than three (3) inches in diameter, extending clear through and at least twelve (12) inches above the roof, with a "T" connection at the top ; and around every such vent at all places not exposed there shall be a galvanized iron sleeve extending the full length of the concealed portion with a clear air space of not less than one (1) inch surrounding the vent. (d) All low, portable gas stoves, gas plates, or heaters, shall be placed on iron stands or other incombustible bases, or the burners shall be at least six (6) inches above the base of the stove and metal guard plates placed four (4) inches below the burners; all woodwork under them shall be covered with metal or other incombustible material. All portable gas heated stoves, ranges, kettles, gas plates or other gas heated devices, shall be connected direct to their gas supply main only by iron pipe or flexible metal tubing. 591 PORTABLE STEAM OR HOT-WATER RADIATORS \\ HEREIN G \S OR ELECTRICITY IS USED I < >R PRt EDUCING HEAT. Sec. 477. (a) Portable steam or hot-water radia wln-rcin gas or electricity is used for producing heat, when died in a fireplace or recess in ;m\ building, shall be installed as required for gas grat< jas logs in thi> ordinance. (b) Portable steam or hot-water radiators wherein gas lectricity is used fur producing heat, when not installed in a fireplace or recess, shall have a brick wall of not than eight (8) inches thick behind and extending at leasl eight (Si inches above and on each side of them, and be- tween then! and any woodwork, wood lath and plaster or other combustible material, and shall have under them a hearth of tile and cement nol less than two (2) inches thick: or shall have a clear and unenclosed air space of not less than four (4) inches between them and any woodwork, wood lath and plaster or other combustible material, p tected by metal, with one il) inch clear air space between the metal and the woodwork, w 1 lath and plaster or other combustible material; or shall have a clear and unenclosed air space of not less than eighl (8) inches between them and any woodwork, wood lath and plaster or other comb ible material not SO protected, and shall have under them a hearth of tile and cement not less than two (2) in- thick. -■■'in "i hoi-water radiators shall be of metal and shall stand a hydraulic pressure of at leasl one hundred (100) pounds to the square inch -, gas logs, hot-air furnaces or heaters, other appliances wherein gas or electricity is used for producing heat, when provided with a doubli »r metal with air space between of at leasl one and one-halt" (1 inches and connected with conduit of at least three incrjes in diameter from external atmosphere, whet 592 may have a free and uninterrupted passage from the outside of house to burner, to support combustion, and through said air space and into room, may be installed without a flue, chimney or other vent as follows : Each said grate, log, furnace, heater or other appliance shall have a brick wall not less than eight (8) inches thick behind and extending at least eight (8) inches above and on each side and between it and any woodwork, wood lath and plaster or other combustible material, or shall have a clear and unenclosed space of not less than four (4) inches between it and any woodwork, wood lath and plaster, or other combustible material, protected by metal, with one (1) inch clear space between the metal and the woodwork, wood lath and plaster or other combustible material, or shall have a clear and unenclosed space of not less than six (6) inches between it and any woodwork, wood lath, plaster or other combustible material not so protected, and shall have under it a hearth of tile, cement or other non-combustible material, or shall be supported on legs of a non-combustible mate- rial, provided that there shall be a clear space between it and the floor or ground of five (5) inches. FIREPROOF ROOM FOR STEAM BOILERS OR FURNACES. Sec. 478. \11 steam boilers, heating- furnaces, or water heating apparatus using any fuel other than coal gas. in- stalled in the basement or first floor of any building not used as a private residence shall be enclosed in a room with walls of masonry, not less than six (6) inches thick, from the basement floor to the bottom of the first floor joists. The ceiling shall be of same construction or of not less than one (1) inch plaster on metal lath. Basement boiler room floors shall be of concrete and first floors if of wood shall be covered with at least three (3) inches of concrete. All doors leading: from said room shall be constructed 593 as required in this ordinance, referring to fire doors and arranged to swing out and to close automatically. All windows shall be of wire glass nol less thai ;in inch thick in metal frames and sashes. Where oil is burned, e\er\ doorway shall have a mas- onry -ill rising not less than seven (7) inches from the i' ERECTION OF STEAM BOILERS, FURNACES, ET< Sec. 479. Boilers exceeding in II. 1'.. used for gi ating steam for heating >wer, and large furn shall not be placed on an) floor above the cellar of any building, unless the same are set "ii metal beams and arches and such beams shall he built into the walls >v -team boiler shall be provided with a tank or other receptacli sufficient capacit) at leasl a sufficienl supply water to last -i\ (6) hours. Whenever steam boilers, watei heaters, bakers' ovens, large cooking ranges, furnaces, cand) kettle-, laundry st< set in brick, or other structures in which fire i- maintained. are set on any w len floor, such floor shall he prot< by continuous sheet metal bearing plate not less than an inch thick, all joints of which shall be securely riv< and the top of such plate shall bi 1 with no! than seven i ~ > inches of brick or concrete. HEATING FURN KC\ Sec. 480. The top of all heating furnaces set in brick -hall be covered with brick supported by iron ' con- structed as to be perfectly tight; -aid covering shall be in addition to and not less than -i\ (6) inches from the ordinary covering of the hot air chamber. Smoke pipes and fur- nace- not set in brick -hall be at leas) tw from an> unprotected woodwork. If -aid -moke pipe- ami furn are less than tv from any woodwork, -aid woodwork must !>e protected by sh< tin plate in such manner that 594 an air space of at least two inches will be formed between the woodwork and the tin plate, which shall extend one (1) foot beyond the furnace on all sides. RANGES AND STOVES. Sec. 481. The backs of all ranges, candy furnaces and kettles, if set in brick and built against any frame parti- tions or frame wall, shall be not less than eight (8) inches thick, and shall be extended with brick or hollow tile not less than two (2) inches thick to a height of two (2) feet above the top of furnaces or kettles. In no case shall any range, candy furnace or kettle set in brick against a brick wall, with any combustible material between it and the wall, or upon said wall for a height of two (2) feet above the top of such range, candy furnace or kettle. All wood lath and plaster, or wooden ceilings over all ranges in hotels, restaurants and boarding houses shall be guarded by metal hoods, placed at least nine (9) inches below the ceiling, or shall be metal lined on walls and ceiling back of and above the range. All ventilating pipes connected with the hood over a range shall be at least nine (9) inches from any wood lath and plaster, or combustible material, or such pipes shall be covered with one (1) inch of asbestos or wire mesh, and shall licit pass through any floor. Stoves shall be kept twenty (20) inches and smoke pipes twelve I 12 1 inches from any wood lath and plaster, or woodwork, and shall be protected with a metal shield arranged with at least one (1) inch air space behind such shield. HOT AIR BOXES. Sec. 482. All hot air boxes hereafter placed in the floors or partitions of buildings, except when such are entirely of incombustible material, shall be made of double pipes of tin plate, which shall be not less than one-half an inch apart and set in soapstone or equally fireproof borders. 595 not less than two (2) inches in width, to which the pipes shall be tightlj joined by inserting the same into a groove, < >r the pipes and boxes shall be covered with asbi ,', | of an inch in thickness cemented thereon. Hot air boxes of pipes less than ten (10) inches by twelve (12) inches in size shall be kept at leasl hall an inch from any woodwork; those of greater size shall be kepi at least one ill inch from any woodwork. No wood work shall be placed within < T< i HE \ HNG \lT.\k.\ Tl Sec. 486. In cases where hoi water, steam, hot air or other heating plain- are to be hereafter placed in any building-, or flues or fireplaces are to be changed or enlarged, due notice shall first he given to the inspector of buildings by the person or persons placing the said plain-, in said building, or by the contractor or superintendent ol said work. FIRE ESC \1'; Sec. 487. For the proper and necessarj protection of life and property, all buildings hereinafter designated in this section and ordinance, that are already erected and built, or that may be hereinafter erected and built in this city, shall be provided and equipped with fin d stand- pipes, as follows: Every building that i- occupied r\ above the first as may 598 be necessary to make and render said fire escapes readily accessible, safe and adequate for the escape of the inmates in case of fire, and when placed on the rear or sides of build- ings not adjoining a street they shall extend down to within. 8 feet of the ground. Said fire escapes shall extend from the level of the ceiling of the first story to and over the roof, and shall be either vertical metallic ladder fire escapes, metallic stair fire escapes, or other approved fire escapes. The inspector of buildings, and the chief of the fire department, shall determine the kind, construction, location and number of fire escapes, necessary and adequate on all such buildings to make the means of escape therefrom easy and safe to the inmates in case of fire. All fire escapes shall be erected and built as required by the provisions of this ordinance, and shall at all times be kept in good order and repair, and free from anv and all obsl ructions. Every building used as a hotel, lodging house, hospital, tenement house, apartment house, factory, mill or manufac- tory, shall be provided with a portable, metallic ladder of sufficient length to extend from second story balcony to sidewalk ; said ladder to be hung from third story balcony when not in use. It shall be the duty of the owner entitled to the beneficial use, rental or control of such buildings to keep the hallways and stairways in every such building as i> used and occupied at night, properly lighted from sunset to sunrise to the satisfaction of the board of commissioners FIRE ALARMS OR TELEPHONES. Sec. 488. Every building used as a church, or hospital, shall have either a fire alarm box connected with the fire department, or a public telephone. SPECIFICATIONS FOE rill EJECTION ^ND CON- STRUCTION I >F FIRE ESCAP] Sec. 489. Where a vertical metallic ladder is required, ii shall be constructed according to the following require- ment Size of metal for ladder, _\ ; s inches. Size of rungs For ladder, m inch diameter. Size of grating bars for balconies, l'.-x ,■";.. inches. Size of en mil; War-, carrying grating, 1 inches. The outside frames of all fire escapes carrying the gratings shall be 2-inch angle-iron, shall extend all around the platform, and they must be bolted through the building. The size of the bearing metal carrying the platforms shall not be less than 2-inch channel iron, and the bra carrying the same shall be 1 \ ■ .• inches, and must be bolted through the building. The top rail of the balconies eight feet or less in length shall be 1 \ ; - inches; balconies over eight (8) feet in h shall have in center one (1) extra rail of the same size as the top rail. The trimmings for finishing outside rails shall he ^x'i inches. The height of railings of balconies shall not be less than two feet mx inches, and the width of balconies not than three feet. All rails and bearing beams shall extend through the wall, "r studding, and have washers and nuts on the same. Where the vertical ladder- join they shall be connected and bolted with not less than four bolts on each side. Screw- or lag screws shall not be used in the construc- tion of fire escapes. All nuts shall show on the outside of buildii nings in balconies shall not 1" feet square. 600 Brackets carrying platforms shall not be more than five (5) feet apart. Perpendicular ladders shall be at least eight (8) inches from the building. Finishing on balconies shall not extend outside the rail. Gratings on platforms shall be placed flat and the grat- ing bars of all platforms shall not be more than one (1) inch apart, and in all cases be made of iron or steel. All brackets carrying balconies shall be bolted through the entire walls or studding; the bolts shall not be less than seven-eighths of an inch, and thev shall have nuts and washers. In frame buildings where the studding does not corre- spond with the measurements for balconies and ladders, extra headers shall be inserted between the studding and shall be of the same thickness as the studding, and securely spiked. Where metallic stair fire escapes are required they shall be constructed according to the following requirements : Balconies shall be placed upon buildings as the inspector of buildings may direct. Where the brackets support the stairs or stair fire escapes the brackets shall be constructed of three-inch chan- nel iron. The platform of balconies shall be the same as required for vertical ladders, and shall be placed on the line of the top of the flooring of each story. Said platforms shall be supported upon iron brackets, not more than five (5) feet apart, and shall in all cases be built into and anchored to the walls of masonry, during the construction of the walls, and shall be through the entire thickness of said walls, and must be securely fastened on the inside of the building. The width of all balconies from the face of the wall out, shall not be less than three (3) feet six (6) inches, and the length of all balconies shall be regulated by the inspector of buildings. 601 In the floor or platform of all balconies there shall be an opening, nol less than two feet wide, and three feet six inches long, enclosed and protected on three sides. The railings and balconies shall be constructed as required for ladder fire escapes. There shall be a communi- cation from balcony to balcony by means of inclined stair--, and no ladder will be allowed below the line of the flooring of the uppermost storj of any building. Said stairs shall have an inclination from the perpen- dicular of not less than four inches to every twelve inches of rise, and -.hall In- made of side Stringers of not less than inch steel; treads musl lie turned down on ends, and riveted well into each stringer, at a distance apart of 16 inches for said inclination. Ml such Mairs must he provided with substantial rail- in-- of 1', inch pipe; the sides shall he well supported by suitable standard of l't inch pipe, at proper distance, viz.: four standards to each run of steps and thoroughly bolted i" the stringers. The ladders extending from the upper balconies to the roof may be perpendicular, hut must he well braced with iron brackets. PASSAGE TO EXITS REQUIRED I \ CERTAIN BUILDINi Sec. 490. All buildings used or occupied or con structed to be used or occupied a- hospitals, asylun nan. Is, apartment houses, tenement hoi: gring house-, schools or workshops, -hall have on each floo passage free and unobstructed, leading direct t.> each fire escape. The following are exempt from the above requirement: 1. All buildings of Class "A" and 'ruc- tion. 2. Apartment houses where every apartment has . acce- fire escape, which either f from which there is a direct pa 602 3. All buildings not exceeding in width thirty (30) feet outside measurement and not situated on a street corner. The inspector of buildings shall determine the location of passages and exits thereto necessary and adequate on all such buildings hereinbefore specified, so as to make the means of escape therefrom easy and safe in case of fire or panic. The minimum width of passages to exjts shall be as follows : To an exit on a building, with a frontage of from thirty (30) feet to forty (40) feet, two (2) feet and srx (6) inches wide. To an exit on all buildings over forty (40) feet front- age, three (3) feet wide;- provided, however, that the width of passages to exits shall be increased to from three (3) feet to four (4) feet six (6) inches, at the discretion of the inspector of buildings, in case of hospitals, asylums, large hotels and other buildings where more than the usual num- ber of people congregate or are housed. All buildings, if containing more than four (4) apart- ments or suites on any one floor, shall be provided with at least two (2) staircases, which shall be placed as far apart as circumstances will allow, but in no case shall said stair- cases be placed within thirty (30) feet of one another. EXITS FOR FRAME LODGING, APARTMENT AND TENEMENT HOUSES, HOTELS, HOSPITALS WD ASYLUMS. Sec. 491. Frame buildings used as lodging, apartment and tenement houses, hotels, hospitals, or asylums shall have on each floor open halls at least three feet six inches wide, which shall lead to all fire escapes. FIRE DEPARTMENT OR DRY STANDPIPES. Sec. 492. Every building of three (3) or more stnries in height not used for a private dwelling shall have, inside or 603 outside of its exterior walls (if over sixteen stories standpipes must be inside), one or more metal standpipes, which shall extend from four (4) feel above the sidewalk to and i the roof and resl on the firewalls. Ever) standpipe shall have a Siamese inlet attached, four (4) feet above the side- walk, branches at each story, and a Siamese outlet on the roof. All inlets, branches and outlets to be of nol less than three (3) inches interior diameter and to have caps and chains, and all branches and outlets to have three (3) inch gate valves. Standpipes shall conform to the following table: Interior Sidewalk Roof diameter. inlets. outlets. 3-story building 4 inches 2 way 2 wa Siamese. Siamese. 4-story building 4inches 3 v\ 3 way Siamese. Siamese. ■ L5-story buildings 5 inches 4 way 3 way Siamese. Siamese. 16 or more story buildings. .. .6 inches 6 way 4 way Siamese. Siamese. All iron or steel material used in the construction and ■ t . >n of standpipes shall he kept in g 1 order and re- pair and free from obstruction. Standpipes shall be of such strength as will withstand a pressure of 300 pounds per square inch. -I VNDPIPES WD FIRE ESCAPES— LOCATION \.ND [NSPECTK '\ i IF Sec. 493. The inspector of buildings f of the fire department are hereby given the p and ins| id standpipes and fire escap that same are properly constructed and located as in this ordi nance prescribed. 604 INSIDE OR WET STANDPIPES FOR HOSE REELS. Sec. 494. In every building exceeding 58 feet in height, and not over 104 feet, there shall be a vertical standpipe not less than three inches interior diameter. In every building exceeding 104 feet in height there shall be a vertical standpipe not less than four inches interior diam- eter. Such standpipes shall be located in halls near stair- ways, or near stairways if building has no halls, and shall be of wrought iron or steel, and together with fittings and connection, shall be galvanized, and shall be of such strength as to safely withstand at least 300 pounds square inch water pressure when ready for service. In buildings exceeding 100 feet frontage on two or more streets, or whose area exceeds 10,000 square feet, there shall be two such standpipes, near separate stairways if possible. Said "inside or wet standpipes for hose reels" shall be additional to the fire department standpipes required by this ordinance. They shall be connected to water mains, tanks or pumps as hereinafter provided, with pressure on at all times; and if connected to a tank capable of holding 5,000 or more gallons of water, shall have an extension of equal diameter leading to a point outside of the building or premises designated by the chief of fire department, and provided with a three-inch gate valve with a cap and chain. Standpipes shall extend from the cellar to and through the roof, with a hose connection located from 5 feet 6 inches to 6 feet above the floor level, fitted with approved straightway composition gate valve in each story, including cellar, and a hose connection provided above the roof, with the valve controlling latter, located in the standpipe under roof and arranged to be operated both from above and below roof. A suitable three-quarter inch drain pipe and valve shall be provided under the roof for each roof connection. When more than one such standpipe is required in a building, they shall be connected at their bases by pipes of 60S equal to that of largest standpipe, so that water from an) source will supply all the standpipes. Closets i'' '111.1111111- hose shall have a glass panel in 1 1 » »« ■ i - and be plainly marked. \\ ATER SUPPLIES. Sec. 495. In buildings not exceeding I'M feet in height the water supply t" wot standpipes shall be from city water where pressure is sufficient, from an automatic fire pump of 500 gallons or more capacity per minute, or from an elevated tank or a steel pressure tank conforming t.. the follow ing table: Ground floor area ^i building. I Capacity i if tank. i Iver 4.000 square feet 5,000 gallons 3.000 to 4,000 square feet 3,000 2.000 to 3,000 square feet 2,500 than _'.n(H) square feet ....2,000 In buildings exceeding 104 feet in height the water supply to wet standpipes shall be from an automatic fire pump of 500 gall"it- or more capacit) per minute, drafting from a supply approved by the chief of the fire depart- ment. When a wet standpipe is connected to a tank there shall be a straightway check valve in a horizontal section of pipe between the first hose outlet in connecting pipe and tank. and said tank must be filled by a separate pipe and not through the standpipe. T WKS. Sec. 496. Tanks containing more than five hundred allons oi water or other fluid placed on the roof or above the roof of any Class "A". "!'." or "C" building shall be supported "it iron "r steel beam- of sufficient strength safely carry the same, and the beams -hall rest at their ends on brick walls or on iron or Steel gil iron or lumns, fire-proofed ;i- in Class "A" build- 38 606 ings, or piers of masonry. Underneath such tanks or on the side near the bottom thereof, shall be a short pipe or outlet, not less than four (4) inches in diameter, fitted with a suitable valve having a lever or wheel handle to same, so that firemen or others can readily discharge the weight of the fluid contents from the tank in case of necessity. Covers on top of water tanks placed on roof, if of wood, shall be covered with metal. Tank towers erected within the fire limits shall be constructed entirely of non-combustible materials. LOCATION OF PUMPS AND BOILERS. Sec. 497. Where pumps constituting a supply to wet standpipes are located in the lowest story of a building, they shall be placed not less than two feet above the floor level, and boilers upon which pumps depend for steam shall be arranged so as that flooding of fires under same will be impossible. Hose sufficient to reach all parts of the floor shall be attached to each wet standpipe outlet in the building, and hose for roof-hydrant may be placed on rack on top floor near the scuttle leading to the roof. Hose shall be \ l /2 inches inside diameter, in 50-foot lengths, and provided with standard couplings (with lugs) at each end, all couplings to be of same hose-thread as that in use by the fire depart- ment. Hose shall be approved cotton rubber-lined. Each line of hose shall be provided with washers at both ends and be fitted with play pipe or nozzle, having handles at the base, and with discharge outlets not less than five-eighths of an inch in diameter. One spanner shall be located at each hose connection throughout the building. 007 KI.KV \Tt >R SER\ [I Sec. 498. In every building hundred feel in height at least one passenger el< hall be ' in readiness for immediate use by the fire department dur- ing all hours of the day and night, including holidays and Sunda \l\ll.l VRY FIRE AITL1 Wi l Sec. 499. All existing buildings and those hereafter erected exceeding one hundred feet in height shall be pro- vided with such auxiliary fire apparatus and appliances as wrenches, spanners, fire extinguishers, h ind pails as may be required by the chief of the fire department; all of said apparatus to conform in design to those in use by the fire department. BAY WINDt IWS. Sec. 500. Windows of horizontal, circular or angu- lar shape may be constructed in Class "A." Class "B" and Class "C" buildings which shall form hays in the thick- ness of the wall; provided, that n>' portion of the outside face of such windows shall project beyond or below the belt course or cornice over the first story of such building, nor in any case project more than sixtei inches from the face of the wall of the building to the vertical face of such projection. Such hay window m I lass "A" and ' " buildings shall have structural frames of steel channel or 1 beam up- rights not less than four i4i inches in vertical section, all joints .mil bearings with standard connection- riveted, the uprights shall be properly connected together horizontally with steel channels, angles or tei ill and a' the head of each window in each st,, r y and the wh frame thoroughly anchored to the brick wall i ii <*; the outside finish of all such hay windows shall galvanized iron or other fireproof material. 608 In Class "B" buildings bay windows and lintels over same shall be constructed entirely of reinforced concrete. Piers between bay, oriel, or swell windows in brick, stone or concrete buildings shall not be less than four (4) feet in width, for buildings not more than three (3) stories in height ; five (5) feet in width for buildings not more than five (5) stories in height, and six (6) feet in width for buildings not more than six (6) stories in height, and seven (7) feet in width for buildings not more than eight (8) stories in height. The openings for bay, oriel or swell windows in brick, -•tune or concrete walls shall have steel beams of proper length to support the floors and loads; these beams must extend at least eight (8) inches into the wall at both Miles of the openings. CORNICES, BELTS, GUTTERS AND OTHER APPENDAGES. Sec. 501. All exterior cornices, belts, gutters and other appendages on Class "A". Class "B" and Class "C" buildings shall be constructed of metal, stone, reinforced concrete or terra cotta. All metal cornices shall be riveted and well secured to iron brackets not more than two feet apart, and properly built into the w-alls. Cornices of frame buildings may be of wood. Gutters of metal may be formed in cornices. Proper leaders shall be provided for discharge of rain water from roof, but no leader shall discharge upon the sidewalk. Stone and terra cotta cornices shall have every piece anchored to backing with heavy anchors, and where neces- sary supported on steel supports. Appendages of Class "C" buildings within the fire limits, such as dormer windows, mouldings, eaves, parapets, balconies, bay windows, towers, spires, ventilators, erection on roofs, turrets, lantern lights, if not wholly fireproof, shall 609 be enveloped with fireproof material; provided, however, that any of the said appendages which exceed the allowed limit of height of its class shall have its exterior wholly fireproof. PORCHES OF WOOD Sec. 502. Porches of wood may be attached to buildings of Cla-- "C", but not to buildings of Class "A" nor Class "B", and shall be constructed without concealed spaces in any part, and without enclosures other than open rail or wire guard not over four (4) feet above il except as hereinafter specified. Said porches must not be placed higher than the fourth story of any building, nor project over the line of any street, lane, alley or place. losures on such porches shall not exceed seven (7) feet from floor to ceiling, and shall not, for a hotel or lodg- ing house, exceed fifty (50) superficial feet of floor room, or for any other building exceed twenty-five (25) superfi- cial feet of floor room, and shall be used only as water closet- or privies. Roofs of both porches and enclosures situate within the fire limits, shall be covered with tin in the man- ner specified in this ordinance for covering fireproof shut- ter- and doors, or with corrugated iron nailed to stud frame without boarding. AWNINGS, SHADES AND BALCONIES. Sec. 503. All awnings, shades and balconies shall be at least ten (10) feet above the line of the curb level and securely supported on wrought iron brackets built into the walls, and no part shall be less than ten (10) feet above the line of the curb level of the sidewalk, and a gutter shall thereon be formed to carry off the water to the line of the building and thence to the street gutter. No gutters shall be required on cloth or canvas awn- ings or shad 610 The height of all movable canvas or cloth awnings or shades shall not be less than 7y 2 feet above said curb level. Awnings, shades and balconies shall not extend beyond the line of the curb ; provided, however, that no awning. shade or balcony shall be erected on any building facing on any street, lane, alley or place which is twenty (20) feet or less in width : and no permanent awning, shade or balcony shall be constructed on any building without a per- mit from the board of commissioners and the execution and delivery of a bond as required by law, and the same shall be constructed of metal only or of metal and wire glass, to be approved by the inspector of buildings, and all cloth or canvas awnings shall be kept raised except where the sun shines on the spot to be protected by the same. FLOOR LIGHTS. Sec. 504. Floor lights used for transmission of light to stores below shall be constructed of metal frames and bars or plates, and if any glass therein measures more than sixteen square inches the glass shall be provided with a mesh of wire, either in the glass or under the same, and the floor lights shall be of the same proportional strength as the floors in which they are placed. ACCESS AT SIDEWALK TO WATER, CAS AND ELECTRIC SERVICES. Sec. 505. Every building, except dwelling shall be provided with an enclosure or enclosures constructed of in- combustible material located immediately within the curb of and beneath the sidewalk in front of said building. Access into such enclosure shall be afforded through an opening in its top, which opening shall have a suitable locked iron cover, set in the sidewalk. Fastenings to all such covers shall be iflentical and shall conform to sample in the office of the chief of the fire department. Such enclosures shall contain 611 valves or other means of controlling all water, and gas services for said building clearl) tagged or marked. ARE VS. Sec. 506. \!1 areas set back from the street line shall be properly protected with suitable railings, or covered over; those on the sidewalk shall have iron doors, which -.hall be so made thai when opened they will form guards. When area- are covered over, iron or iron and glass combined, stone or other incombustible materials supported on brick, concrete or stone walls, or on iron 01 steel beams, shall be used. Vreas on sidewalks shall nol exceed four feel in width measured from the street line. FLOORS 1\ Y VRDS, ETl Sec. 507. \11 floors of yards, courts and passageways shall be of earth, sand, gravel, cinders or other similar material "r of concrete. No such floors shall be constructed I > t w ■ I OPENINGS IX SIDEW. VLKS. Sec. 508. i ipenings in sidewalks for the admission "i or light, • 'i" for manholes or for an) other purpose, if placed outside the property line shall be covered with lens lights, set in iron or cement frames, or with iron covers having a rough surface and rabbeted flush with the sidewalk. No plain surface of glass or iron more than four inches in diameter shall be placed in any sidewalk. When a >< i- placed in air ilk. it shall lie placed a- near as practicable to the line of the curb, except for steps and ways. Nil -paces under sidewalks -hall he thoroughly ventilated. All works supporting the sidewalk -hall resl upon and he of incombustible material. 612 METER ROOMS. Sec. 509. All buildings except private dwellings here- after erected shall be provided, for the accommodation of gas and electric service and meters, with recesses or openings not less than four (4) feet by four (4) feet in dimensions, and if a door leads thereto, said door shall be of dimensions not less than two (2) feet by four (4) feet, and shall have a ventilating screen at its top and bottom. Suitable brackets or shelves shall be provided to support gas meters securely. The electric service switches shall not be installed in the same recess, enclosure or opening with a gas service and meter. ENGINEER'S STATIONARY LADDERS. Sec. 510. Every building in which boilers are placed in the cellar or lower story shall have stationary iron ladders or stairs from such story, leading directly to a manhole in the sidewalk or to inside exits. BARRICADES TO BE ERECTED DURING CONSTRUCTION. Sec. 511. During the construction or repair of build- ings, as soon as the rough or temporary floor is laid, all shafts, or openings or wells, shall be provided with a railing four feet high around such openings, and in shafts where elevators or hoists are running a barricade at least six feet high shall be erected and maintained around such shafts. TEMPORARY FLOORS. Sec. 512. Any building more than three stories high in course of construction shall have the joists, beams or girders of each and every floor below the floor or level 613 where any work is being done, or about to be done, co\ with scaffold boards laid close together, or with other suit- able materials, to protect the workmen from falling between ji 'ists or girders, and from falling bricks, rivets, tools or other substances whereby life and limb arc endangered. THE O INSTRUCTK >N I i] < \V\ ■< >LDS Permit for Scaffolds. Sec. 513. h shall be unlawful for any person, firm corporation to erect, build or maintain, or cause to be erected, built or maintained, over or upon any building, any Folding without first obtaining the written permission of the inspector of buildings, which permit shall state fully for what purpose said scaffolding is to be erected and used; and such scaffolding shall not be used for any purpose other than that designated in such permit. A general permit for the construction of a building shall carry with it the righl to construct scaffolds. SAFETY OF SCAFFOLDS. Sec. 514. It shall be unlawful for any person, firr corporation to erect, maintain, supend, swing or use, or cause to be erected, maintained, suspended, swung or used, any scaffold or staging, unless the same be of sufficient strength upport the weight placed thereon and of sufficient width to prevent any person working thereon or any materials placed thereon from falling. It shall be unlawful for any person, firm or corporation suspend or cause to be swung or suspended, verhead support or supports, any staging or scaffolding, more than twenty (20) feet above the ground or floor, unless the same shall have when in use a safety rail, rising at least thirty-four 1 34 1 inch' :vel, and nding along the outer edge ami the ends of 614 staging or scaffolding, and unless the same shall be provided with braces sufficient to sustain the weight of a man's body, and to prevent said staging or scaffolding from swaying from the building or structure from which it is suspended. FENCES. Sec. 515. Fences of wood shall not be erected over seven (7) feet high above the surface of the ground, and shall be properly supported and braced. BILL BOARDS, SIGN BOARDS, ROOF SIGNS Sec. 516. Bill boards and sign boards. It shall be un- lawful to erect, construct or maintain within the corporate limits of Salt Lake City, any sign board, bill board, roof sign or other structure of the height of seven feet or more, used or intended to be used for advertising purposes with- out first obtaining a permit therefor from the building in- spector of said city. It shall be unlawful to erect, construct or to hereafter maintain within fifteen (15) feet of the prop- erty line of any street or sidewalk any bill board or other structure over seven feet high used or intended to be used for advertising purposes. Bill boards erected within fifteen (15) feet of any sidewalk or street, and of the height of over seven (7) feet shall be set upon and fastened to posts of not less than 4x4 inches in dimension, not more than seven (7) feet apart, and set at least three (3) feet in the ground: and said bill boards or sign boards shall be braced by 2x6- inch braces, one brace to each post, said brace to be securely fastened to or above the middle of said posts, the other end securely fastened to a post well anchored in the ground : said braces shall be placed at an angle of not less than forty- five (45) degrees from the horizontal. Bill boards or sign boards within (15) feet of any sidewalk or street shall not be over fifteen (IS) feet high, and shall be fastened to and supported by posts not less than 4x6 inches in dimension. 615 set .ii least three (3) feet in the ground, and not further apart than seven (7) feet, and shall be securely braced by timbers not less than 2x6 inches in dimension, one braci to each post inclined at an angle of forty-five (45) degrees to said post, and securely fastened t. ■ or above the middh of said i""-!. tin.' other end securely fastened. And it shall be unlawful to erect or maintain any such sign board, bill board or other structure herein mentioned, without leaving an open space of nol less than two (2) feet, measured from the surface >>i the ground vertically to the lowest point oi said sign board, bill board or other structure. All posts and braces used m the construction of said bill boards or sign boards shall be of sound Oregon fir, or of equally strong and durable material: Provided, however, that nothing in tins ordinance shall be construed to require a permit for the erection of or advertising on fences, sides <s than five candle power to each square fool of surface. TEMPORARY STAGING ON ROOFS. Sec. 518. No temporary staging of any kind nor stand for observation purposes shall be constructed of wood upon the roi if i if any building. MISCELLANEOUS PROVISIONS. Removal of Paint from Buildings. Sec. 519. It shall be unlawful for any person to undertake the removal of paint from any wooden building or other structure by the process of burning without first having given the chief of the fire department at least three lays* written notice of intention to perform said work. IXSI'i l rOR OF BUILIXINGS TO STOP CONSTR1 < TION OF CERTAIN' BUILDINGS. Sec. 520. The inspector of buildings shall have the p..wer to stop the construction of any building or the making of any alteration or repairs to any building when the same is done in a reckless or careless manner, or in violation of any of the provisions of this ordinance, and to order in writ i no- any and all persons in any way or manner whatever tged in so constructing, altering or repairing any such building, to stop and desist therefrom, and the person or persons so ordered shall immediately comply therewith 618 INSPECTOR'S RIGHT TO ENTER BUILDINGS. Sec. 521. The inspector of buildings, so far as may be necessary for the performance of his duties, shall have the right to enter any new or unoccupied building, or any build- ing under construction, repair alteration or removal, or any building alleged to be unsafe, or a menace to life and limb, upon showing his badge of office. TENEMENT HOUSES. Sec. 522. Height. The height of any tenement house hereafter erected, exclusive of anv roof or appendages, shall not exceed one hundred (100) feet, nor one and a half times the width of the street, alley or court on which it abuts, except that any distance the building set back from the lot line shall be added to the width of the street, alley or court in making this computation, and provided that no such tene- ment house shall be over three (3) stories high, unless it is a building of Class "A" or Class "B." No existing tene- ment shall be increased beyond the height specified in this section. AREA OF LOT OCCUPIED. Sec. 523. No tenement house hereafter erected alone or with other buildings shall occupy more than ninety (90) per cent of a corner lot, or more than sixty-five (65) per cent of any other lot : provided, that the space occupied by outside fire escapes, porches, landings and stairs shall not be included in computing the space occupied by the building. For the purpose of this section the measurements shall be taken at the ground level, except that where the first story of any building is or is intended to be occupied for business purposes only, the measurements as to percentage of lot occupied may be taken at the level of the second floor. 619 RE \k YARDS. Sec. 524. In the reai A /er) tenement house on an interior lol there shall be a yard not less than ten feet in depth, extending across the entire width of the lol (un •In rear of such lot abuts upon a public alley at leasl fifteen feet wide), and at every point open from the ground to the sky unobstructed, except that fire escapes ma) project not over four feet from the roar line of the house. Ever} such yard shall be increased one per centum of the superficial area for every story above three m height of the building. The depth of the yani behind every tenement house hereafter erected upon a corner lot shall not be less than five feet in every part for the full width of the lot (unless the rear of such lot abuts upon a public alley at least fifteen feet wide). Where a corner lot is mere than fifty feel in width with the yard for that portion in excess of fifty feel shall conform to the provisions for interioi lots If any building is hereafter placed on tile same lot with a tenement house, the space between the -aid buildings shall always be of such size and arranged in such maimer as is prescribed for yards in the rear of tenement houses, and no building '•!" any kind shall be hereafter placed upon the same lot with a tenement house so as to decrease the minimum size of yards or courts as herein prescribed. If any tenement house is hereafter erected upon any lot upon which there i- alread) another building, it shall compl) with all of the provisions of this ordinance and in addition the space between the said building and the said tenement house shall be of such size and arranged in such manner as is herein prescribed; provided. that the height of the highest building on the lot shall date the dimensions. ALL COURTS I\ CONNECTION WITH TENEMEN'J HOUSES. Sec. 525. 1 nles- otherwise hereinafter prescribed, shall be at every point open to the sky unobstructed; provided. east width. 6 feet 7 feet 8 feet 12 feet 16 feet 620 that fire escapes projecting not more than four feet shall not be deemed obstructions. The "Enclosed Courts" of all tenement houses hereafter erected shall have areas and minimum widths in all parts not less than the widths and areas, as follows: Building. Square feet of area. 2 stories 100 3 stories 120 4 stories 160 5 stories 250 6 stories 400 For every story of increase above six the least width of enclosed courts shall be increased four feet and the area shall be increased not less than one hundred square feet. "Side Courts" shall have areas and minimum widths, as follows : Building. Square feet of area. Least width. 2 stories 60 5 feet 3 stories Si > 5 ft. 6 inches 4 stories 120 6 feet 5 stories 160 7 feet 6 stories 300 8 feet "Outer Courts" shall have not less than the following widths for their minimum in all parts. Building. 2 stories 3 stories 4 stories 5 stories 6 stories Least width. 4 feet 4 ft. 6 inches 5 feet 6 feet 7 feet 621 "Through Courts" shall have not less than the following widths for their minimum, in all part-.; Building. Least width. i ies 3 feel 3 stories 4 feet 4 stories 5 feet 5 stories 6 feet iries ~ feet For every story of increase above six, the least width oi "Outei Courts" -hall be increased by one foot. It an "enclosed" "Outer," "Side," or "Through" courl or shafl lias windows on the opposite sides of same, the least widths and areas given in the above table shall be doubled for the minimum width and area-, and where the depth of the court shall exceed twenty (20) feet, the court shall be made at least one ill foot wider for each additional ten (10) feet Over twenty (20) feet from the outer end of the court, bul where the depth of a "Through Court" shall exceed twenty (20) feet from any window to the nearest end of said court, the width of such court shall be increased at least -i\ inches for every additional twenty feet or major fraction thereof. At the bottom of ever} enclosed court there shall be provided sufficient means of access to -itch court to enable it to be properly cleaned. STAIRW AYS -WD II \I.IA\ AYS. Sec. 526. i.ai Every tenement house having more than five rooms above the second story, when nol a building of \ "A" or Class "1'.." shall have at least two stairv leading from the ground to the upper story and ever) such stairway shall have the soffits plastered of covered with approved non-inflammable materials; and such buildings shall further have -itch a number of stairway- and so located that the entrant ■ in such building shall not 40 622 be more than une hundred feet from a stairway. When such buildings shall have more than ten rooms above the second story, then all stair partitions shall be of approved fireproof materials, and the stair soffits shall be covered with metallic lathings and plastered or covered with other approved fire- proof materials. Every tenement house not of class "A" or class "B," where the lower story is occupied for any business except offices shall have the stairways leading to the basement and to the second story enclosed with approved fireproof partitions, and the stair soffits with metallic lathing and plastered or covered with other approved fire- proof materials. The stairs and the public halls in every tenement house shall each be at least three feet wide in the clear and every apartment shall be directly accessible to both such flights of stairs. All stairways shall be provided with proper hand rails, balusters ami newels and shall be kept in good repair. (b) Every non-fireproof tenement house containing over twenty-six apartments or suites of rooms above the entrance story shall have, in addition to the stairways re- quired in sub-division "a" of this section, a stairway for every additional twenty-six apartments or fraction thereof, and in lieu of an additional stairway, the stairs, stair halls and entrance halls throughout the entire building, shall each be at least one-half wider than is specified in sub-division "a" of this section. Every fireproof tenement house here- after erected, containing over thirty-six apartments or suites of rooms above the entrance story, shall have, in addition to the stairways required in sub-division "a" of this section, an additional staircase for every additional thirty-six apart- ments or fraction thereof, but if said house contains not more than forty-eight apartments above the entrance floor, in lieu of an additional stairway, the stairs, stair halls and entrance halls throughout the entire building shall each be at least one-half wider than specified in sub-division "a" of this section. 623 In all tenement houses three pr more stories in height the stairs leading to the cellar may be located inside of the building, provided they arc entirely enclosed with brick walls or other fireproof partitions, ceilings and sell- closing doors. Any new stairs thai may hereafter be con structed, leading from the first story to the cellar, shall be enclosed with brick walls or other firep irtitions, and the openings at top and bottom shall be provided with self closing fireproof doors. In non-fireproof tenemenl hoi no closet of any kind shall be constructed or allowed under any staircase in a public hall. The md stair halls in all tenement houses three or more Stories in heighl shall be constructed of incombustible material throughout, ex- cept the treads of stairs and handrail- It any existing tenement house be so altered as to increase the number of apartments therein, or if such building be increased in height, or if the halls and stairs therein be damaged by fire or otherwise to .m extenl greater than one-half the original cost thereof, the stair halls and stairways of the -aid building shall be made to conform to the requirements of new tenement hoUS WINDOWS IX HALLWAYS. Sec. 527. In all tenement houses three or more ries in height, every public hallway shall have at least one window, not less than twelve square feet in area, open- ing directly upon the street or upon a yard or court; pro- vided that in existing tenement houses nol already equi] with such windows, in lieu of such windows there may be in the roof directly over each stairway a ventilating sky- light having a minimum opening of one hundred -quare inches. The glazed roof of such skylight shall not be than twenty-five (25) square feet in area. All existing obstructions t.. skylighl ventilation shall be removed. Any part <^i a public hallway shut off from any other part of 624 said hallway by a door or doors shall be deemed a separate hallway in the meaning of this section. HEIGHT AND SIZE OF ROOMS. Sec. 528. Every room in every tenement hereafter built, and in every building hereafter altered to be used as such, shall not be less than eight feet in height in the clear in every story (except that in the attic it may be less than eight feet high for not more than one-half the area of the room). In every tenement house all rooms, except water closet compartments and bathrooms, shall be of the following minimum sizes : In each apartment there shall be at least one room containing not less than one hundred and twenty square feet of floor area, and every room, except water closet compartments and bathrooms, shall contain at least seventy square feet of floor area and not less than six hundred cubic feet of contents. Alcove rooms shall conform to all the requirements of other rooms. WINDOWS. Sec. 529. Every room in every tenement house shall have at least one window opening directly upon the street or upon a yard or court, and the total window area in each room shall be at least one-eighth the superficial area of the room, but never less than twelve square feet in area between the stop beads. It shall be unlawful after the passage of this ordinance, to construct any room in any apartment house, hotel, tenement or lodging house, which is not provided with outside windows as above required. FIRE ESCAPES. Sec. 530. Every existing and new tenement house three or ni( ire stories in height, shall, in respect to fire escapes, conform in every particular to the requirements relating to fire escapes. 625 WATER < U (SETS. Sec. 531. In every tenement house hereafter ere< or building converted to tenement house purposes, there shall be, except as hereafter provided, a separate water closet for each apartment, placed within the apartment in a separate compartment with a minimum width not less than two feel six inches in the clear. Said compartment shall be enclosed with plastered partitions extending from the floor to the ceiling. But nothing in this section shall pre- sent a water closet from being placed in a bathroom, or in a compartment adjoining a bathroom; provided, the said compartment has a window opening on a street, alley. yard or court, or is connected with the bathroom by a window containing not less than fifteen square feet of sur- both sashes of which shall readily open. When, how- ever, apartments consist of one or two rooms each, tl ma\ be one water closet fur each two apartments; provided, the aggregate number of rooms in the two apartments does not exceed three, and provided further, that the water closet is between or adjacent t" the apartments and is not sepa rated from either of them by a public hallway, and is accessible t" each of them without passing through a room of another apartment. Each bathroom and each water closest compartment shall have a window opening upon a street, alley, yard or court. Such a window shall have an area of at least three square feet tor each compartment between the stop beads, and the entire window shall be constructed so as to readily open. When, however, a bathroom or a water closet compartment on the top floor is lighted and ventilated by a skylight over it, no win shall be necessary: provided, the roof of such skylight con- tains at least three square fee azed surface and is arranged so as to readily open. Every water closet i partment shall he provided with tin- proper means of light- ing the same at night. 626 CELLAR CEILINGS TO BE PLASTERED. Sec. 532. The ceilings over every cellar or basement of all tenement houses shall be plastered, when more than three stories in height ; the}- shall be lathed with wire or metal lath and plaster thereon with two coats of brown mortar of good materials. Sec. 533. All ceilings and stud partitions of tenement houses, and furred walls of the same, when plastered with lime mortar on wood lath, must have not less than one-half inch key, leaving space between ends of lath. PENALTY. Sec. 534. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fiftv dollars or by imprisonment for a period, not lunger than thirty days. The court may, in imposing a fine, enter as part of the judg- ment, that in default of the payment of the fine the de- fendant may be imprisoned in the city jail for a period not exceeding thirty days. CONTINUED VIOLATION. Sec. 535. Every day's continuation of a violation of any of the provisions of this ordinance shall be deemed to be a separate and distinct offense. 627 CHAPTER IX. ril'Y AUDITOR. Section 536. Duties in relation to finance. City auditor. The city auditor, shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the board of commissioners, and keep a full and accurate account thereof in books provided for that purpose; shall make tn the board of commissioners from time to time, upon the order of the board of commissioners, reports of the finan- cial condition of the city; shall make and keep a lis outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the board nf commissioners as shall secure the paymenl of the princi- pal and int' such bonds; shall report annually, on or before the Isl da) of June, to the board of commissioners, an estimate of the expenses of the city and of the revenue necessary to be raised for the current year: shall keep regular books of account in which he shall enter all in- debtedness «'t' the city and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates, or ether evidences of indebtedness issued by the board of commissioners, the amount of all bonds, order-, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; -hall keep account-- with all receiving and disbursing officers of the city, showing the amount they have received from the different source- of revenue and the amount which they have disbursed under the direction of the board of commissioners; shall examine all reports, books. pa| vouchers, and accounts of the city treasurer; shall audit all claim- and demands against the city before they are allowed hv the board of commissioners; and shall keep a record of 628 claims presented and the action of the board of commis- sioners thereon ; and shall perform such other duties as the board of commissioners may provide by ordinance. Sec. 537. Certification of bonds and warrants. The city auditor shall indorse a certificate upon every bond, warrant, or other evidence of debt, issued pursuant to law, that the same is within the lawful debt limit of the city and is issued according to law. He shall sign such certifi- cate in his official character. Sec. 538. Provisions governing. Warrants for interest on the bonded debt, for salaries, and for the current expenses of the city, may 'be certified by the city auditor to be within the lawful debt limit of the city, whenever the same, to- gether with all other indebtedness of the city shall not exceed the amount of the indebtedness of the city at the time of the admission of this state into the union, in addition to the whole amount of taxes of such city, for the year in and for which such warrant or warrants are issued. Sec. 539. Protection of officer certifying. Whenever the board of commissioners of the city shall find or declare that any appropriation or expenditure for which a warrant or warrants are to be issued, was or is for interest upon the bonded debt, for salaries, or for the current expenses of the city, such finding shall conclusively protect the city auditor, as to such facts, in certifying any warrant or warrants therefor to be within the lawful debt limit of the city. Sec. 541. Financial statement of cities to be published annually. Contents. The city auditor shall prepare and publish, on or before the first Monday in February of each year, in some newspaper having a general circulation in the city, a detailed statement of the financial condition of the city, and of all the receipts and expenditures, for the previous year, ending December 31st; provided, that, upon 629 the expiration of his term of office, and before his succ< enters upon his duties, said auditor shall make and prepare said statement, properly attested, for the use and benefi his successor in office, showing 1. The total receipts of the city, stating particularly the : ; each portion of the revenu< ; 2. The amount of cash <>n hani ii the lasl report ; 3. The amount of sinking fund, and how invested; 4. The number, date, and amount of every bond issued or redeemed, and the amount received or paid therefor; 5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or an) part thereof; 6. The amount of cash in the city treasury, and in it- several funds . 7. The total expenditures of the city, as shown by the warrant- issued, giving in total the ami 'tint expended in each departmi Sec. 542. Transfer of books in his custody at the expiration of his term of office. The city auditor shall, within five days after the expiration of his term of office, after notification and request, deliver to his ir in office, all properties, bonks and effects of ever) description in In- p..--e--ii>n belonging t<> the city or appertaining to hi- said office; and. upon his refusal so to do, he shall be liable for all damages caused thereby, and shall he deemed guilty of a misdemeanor. Sec. 543. Salary. The salary of the city auditor -hall Ik- twenty-four hundred dollars per annum, payable monthly a- are the salaries of other city officials. Sec. 544. Oath. Bond. The audit"!" -hall, b< assuming the duties of hi- office, take and subscribe the 630 constitutional oath of office, and shall furnish a bond of twenty thousand dollars as provided by law. Sec. 545. Appointments. Deputies. Assistants. The board of commissioners shall appoint a competent person to the position of deputy auditor, at a salary of eighteen hundred ($1,800.00) dollars per annum. In the absence of, or during the disability of the city auditor, the deputy auditor shall exercise all the functions and powers of the city auditor. He shall give bond to the city in the sum of five thousand ($5,000.00) dollars. One deputy license assessor at a salary of fifteen hundred ($1,500.00) dollars per annum. Such deputy license assessor shall give bond to the city in the sum of one thousand ($1,000.00) dollars. One license inspector at a salary of ten hundred and eighty ($1,080.00) dollars per annum. One license inspector at a salary of ten hundred and twenty ($1,020.00) dollars per annum. One chief accountant at a salary of fifteen hundred ($1,500.00) dollars per annum. , b -,t One warrant clerk at a salary of itdtirtefl'n ihundred and fifty ($1,350.00) dollars per annum. One bookkeeper at a salary of' ten 'hundred and eighty ($1,080.00) dollars per annum. Three clerks at a salary not tf§ < \r, v,l twelve hundred ($1, 200.00) dollars each per 'annum. c ■ . , • , rl ' . , , > , . . Said salaries are to be paid numthlv, as. are the salaries r i • r,. .ion e 1 of other city officers. .vibIsS •£££ Sec. 546. Penary, :j; %y ggf^ ^§Mm fl$J- ^ the P ro " visions of this ordinance -hall, upon ci mvic^orj thereof, be punished by a fine in any sum not exceeding Fifty Dollars or by imprisonment in.Uie. c.i}y jajj^cg a p^gd no^nger than thirty days,,. T,h,e e,,„,t niay,; in^n^osjr^ fine, enter as 631 part of the judgment, that in defaull of the payment of the Fine the defendanl may be imprisoned in the city jail fi id not exceeding thirty days. Auditor -How chosen, Sec. 183, Chapter 3. Auditor — Qualifications, Sec. 184, Chapter 3 Auditoi Vacancy, Sec. 197, Chapter 4 Auditor — Nomination and election, Sec 913, Chapter 34 Auditor — Garnishments — Sec. 3113x1, C. L. 1907. Citj to pa> costs, Sec 212x7, C I V'i'~ Audii..i Additional duties, 559 560 563 565 6! Auditoi Additional duties, see generallj Chaptei on S] Ta ■ Auditor Additional duties, see generally Chapter on Real Estate Auditor Additional duties, sec generally Chapter on \\ biZ CHAPTER X. CITY CEMETERY. SEXTON. Section 547. There is hereby created the office of city sexton, which office shall be filled by the board of commis- sioners, upon recommendation of the commissioner of parks and public property. Sec. 548. Salary. The city sexton shall receive a salary of twelve hundred dollars per annum, payable monthly as are the salaries of other city officers. Sec. 549. Oath. Bond. The city sexton, before enter- ing upon the duties of his office, shall subscribe the consti- tutional oath of office and shall furnish a bond to the city in the sum of two thousand dollars, conditioned as provided by law. Sec. 550. Permits. The city sexton, before burying the body of any deceased person in the city cemetery, or before permitting the removal of the body of any person buried therein, shall require the production of a permit from the board of health. After burial or removal, the sex- ton shall endorse upon the permit the initial letter of the plat and the number of block and lot where said body is buried, or from which said body has been removed, and shall forthwith return such permit to the board of health. Sec. 551. Duties. It shall be the duty of the sexton to take charge of the city cemetery, and improve the grounds thereof, under the direction of the commissioner of parks and public property ; to dig, or cause to be dug, all graves required for the burial of the dead therein, and keep a record of the same. 633 Sec. 552. Sale of lots. Certificate. Price. The sexton is hereby empowered to sell lots in the city cemetery, and to collect all dues arising from such sales, and all moneys so collected shall be by him covered into the city treasury as often as once a month. The board oi commissioners is hereby empowered to regulate, according to location, tin- selling price of said lots. The size being sixteen and one- half feet square, the price of each of said lots shall not exceed three hundred dollars and shall nol be less than twelve dollars; provided, that any person who has heretofore, or who may hereafter purchase a lot, may pay to the sexton one hundred dollars in addition t<> the said purchase price, which payment shall be received and pted by Salt Lake City as full compensation for the future perpetual care and maintenance "i said l.i\ feel six inches in length For disinterring bodies from a grave over six feet six inches in length 5.00 For recording each burial or removal 25 For each certificate of lot purchased 50 For eaeli certificate of payment for perpetual mairtte nance 50 sodding each lot 20.00 Ml sodding shall be done by the city under the direc- tion of the ur\ the body of a deceased person within the limits of Salt Lake City, except in the burying grounds located therein, unless by permission of the board of commissioners; and there shall not be in- terred in any cemetery within the city limits the body of any person known to the law as a murderer. Sec. 558. Fast riding or driving in cemetery prohibited. It shall be unlawful for any person to ride or drive within the limits of the city cemeti er than a walk. Sec. 559. Plats of cemeteries to be recorded. 632x5, Chap. 29. Sec. 560. Certificates of burial rights to be furnished. <^2\<>. Chap. 29 636 Sec. 561. Transcripts of burial rights to be filed with the county recorder. Sec. 632x7, Chap. 29. Sec. 562. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished bya fine in anysum not exceeding fiftydollars or by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter as part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 637 CHAPTER XI. CITY CREEK CANY( >N. Section 563. Unlawful to catch fish or shoot birds, it shall be unlawful for any person to catch, or to attempt to catch any fish in City Creek, or to shoot, or attempt hoot or otherwise destroj any bird or other game in City (.'reek Canyon. Sec. 564. Destruction of trees. It shall be unlawful For any person to cut down, injure, carr) off, or remove in an\ manner, any wood or underwood, tree or timber, or branches of trees or shrubbery in City Creek Canyon Sec. 565. Camping and befouling of water. It shall be unlawful for any person to camp on any laud in City Creek Canyon, or to in any manner pollute or befott] the water of said creek. Sec. 566. Automobiles, etc., prohibited. It shall be un- lawful for any person to operate or use or take into City Creek Canyon any motor vehicle, or any other self-propelled vehicle; provided, however, this ordinance shall not he deemed to apply to persons using such vehicles in said City Creek Canyon up to but not above the point where the boulevard intersects the said canyon. Sec. 567. Penalty. Any person violating an) oi the provisions of this ordinance shall, upon conviction thereof, be punished bj a fine in any sum not exceeding fift) dollar- 1 irby imprisonment in the city jail for a period not longer than thirty day-. The court may. in imposing a fine, enter a> part of the judgment, that in default of the payment of the fine the defendant may he imprisoned in the city jail for a period not exceeding thirty days. 41 638 CHAPTER XII. CITY ELECTRICIAN. Section 568. Creation of office. There is hereby created in and for Salt Lake City, the office of city electrician. Sec. 569. Appointment and salary. The board of commissioners of Salt Lake City shall appoint a competent person experienced in electrical engineering, to the office of city electrician. He shall receive a salary of eighteen hundred dollars per annum payable monthly. Sec. 570. Oath and bond. The city electrician shall, before entering upon the duties of his office, take and sub- scribe the constitutional oath of office and execute a bond in the sum of twenty-five hundred dollars to be approved by the board of commissioners, conditioned for the faithful performance of the duties of his office and the payment of all moneys received as such officer according to law and the ordinances of the city. Sec. 571. Assistants. The board of commissioners shall appoint assistants and employ such labor as shall be necessary and proper to carry out the provisions of this ordinance. The board of commissioners shall apppoint as assistants the inspector of the fire department and the superintendent of the fire alarm service, who shall receive no compensation from the city other than that already received as such inspector and superintendent, and one competent electrical inspector, who shall receive no compensation or allowance of any kind whatsoever from the city. The city electrician and his qualified assistants shall be included in the department of public safety, under the general direction of the commissioner of public safety. 639 Sec. 572. Duties, h shall be the duty of the citj elec- trician to attend to the enforcement of this ordinance and to inspect and supervise the construction, installation and repairs of all electric light or power wiring, fixtures, appliances and apparatus in, on or running to any building or structure in Sail Lake City, except as hereinafter provided. It shall he the duty of the city electrician to inspect all electric lighl and power wiring, fixtures, appliances and apparatus hereto! installed as soon as practicable, and t.i require the correction of any defects therein which are dangerous or apt to cause fire. The city electrician must require the correction of such defects as are actually hazardous to life or property. No fee shall he charged for the inspection of electric wiring, fixtures, appliance- and apparatus heretofore installed except where such inspection is made upon request of the owner or user of said wiring, fixtures, apparatus or appli ances, in which case fee- as provided for permits for in- stallation of new work shall he paid by the person, firm or corporation requiring the inspection. Sec. 573. Inspection. It shall he the dutj of the city electrician to inspeel any and all work for which permits have Keen issued as soon as practicable after time of notice, in writing by the contractor, that the work is ready for the in- spection, which will not he considered ready for inspei and covering until all inclosed plumbing, -team heating, fur- work and gas fittings are in place. Inspection shall, when necessary, he made two or more time- during progp of installation; first, when work i- roughed in. and last when work is completed; and it -hall he the duty of the city electrician, or his qualified representative to indicate in- spection of any work by a tag or label attached to the -ervice switch wires, and a certificate issued to party taking out permit: -aid tag or label -hall state date and whether first or final inspection ha- been made, and it shall he unlawful for any workman or other person to lath over or otherwise conceal any electrical wiring until such first inspection has hcen placed. 640 Sec. 574. Certificate. Upon application for inspection of any wiring, apparatus, fixtures or appliances as hereinafter provided, the city electrician shall, after inspection and exam- ination, issue a certificate showing the result of such exami- nation and require to be made the necessary corrections. Sec. 575. Temporary certificate. If the city electrician or his qualified representative shall be unable to inspect any electrical work within twenty-four hours after notice of its completion, he may issue a temporary permit allowing current turned on. pending the inspection of such work. See 576. Unlawful installation. If the city electrician shall find any part of any electric light or power wiring, appliances, apparatus or fixtures in i >r upon any building in Salt Lake City to have been installed without permit, or not in accordance with the provisions of this ordinance, or to be dangerous to life or property, the city electrician shall have the right and power to disconnect such defective wiring, fix- tures, appliances or apparatus, and place a seal upon it. He shall at the same time give written notice of such disconnec- tion to the owner or occupant of the building. After such dis- connected wiring, fixtures, appliances or apparatus have been put into the condition required by this ordinance the seal or seals so placed shall be removed by the city electrician. Sec. 577. Use of disconnected wiring prohibited. It shall be unlawful for any person, firm, or corporation to use any current in. through or by means of such disconnected wiring, appliances, apparatus or fixtures, or to attach other wires for the supply of current to such disconnected wiring, fixtures, appliances or apparatus, or to remove, break or deface any seal so placed. Sec. 578. Permits. All persons who desire to have elec- tric light or power wiring, fixtures, appliances or apparatus ',41 installed in or on an) building (except central power houses and substations belonging to electric light or street railwaj companies operating under a franchise granted 1>\ Salt Lake City) shall secure a permit from the city electrician. Sec. 579. Installing Without Permit Prohibited. It shall be unlawful for any individual, firm or corporation jed m electrical work to install any electrical wiring, fixtures, appliances or apparatus in or on any build- ing, unless and until a permit for such work shall have been secured from the cit) electrician, as provided in this ordinance. Sec. 580. Application for Permit. In order to secure rum for the installation of electrical wiring, fixtures, appliances or apparatus, and before any addition to, or alteration in an) old installation of electrical wiring, tures, appliance-- or apparatus, is made, ever) person shall make a written application to the city electrician on blanks supplied for that purpose by said city, and shall pay the said electrician, in advance, all fixed fee-, the amount amounts named in Section 581 of this ordinance Sec. 581. Fees, (a) For electric light wiring one dollar the first ten outlets ami five cents for each additional outlet, the word "outlet" t<> he interpreted a- including a switch outlet and -witch controlling same. <> he attached to same. (b) For electric signs, ten cent- per square foot for the first 50 feet and 5 cent- per square foot for each additional square fool of surfai each and every illumin- ated side. For arc lamp-. For the firsl two arc lamps and switches $1.00. For each additional arc '.amp and sv 25 cents. For each motor of more than one-eighth horsepower and nol more than 1 I 642 For each motor of more than one horsepower and not more than 5 horsepower 1 .25 For each motor of more than five and not more than 15 horsepower 2 . 50 For each motor of more than 15 and not more than 40 horsepower $4.00 For each generator of not more than 3 Kilowatt... 1.00 For each motor of more than 40 horsepower 7.00 For each generator of not more than 15 Kilowatt. . 2.50 For each generator of not more than 40 Kilowatt.. 4.00 For each generator of more than 40 Kilowatt 7.00 (e) All special circuits for heating devices or electrical apparatus not included above, that require 660 Watts or more, shall be charged for at the rate of 50 cents per circuit. (f) Provided, further, that no permit for the installation of a motor, or special circuit shall be issued for less than $1.00. (g) For an electrical elevator there shall be a charge of $2.00 for the special control wiring plus the regular charge per horsepower as provided in Section 581 for motors. (h) For inspecting any electrical wiring, fixtures, apparatus, appliances or installation for which no fee is herein provided, the city electrician shall charge the sum of one dollar and fifty cents for the first hour and at the rate of seventy-five cents per hour for additional time given in making such inspection : provided, further, that no inspec- tion or fee shall be less than fifty cents. Sec. 582. Rules Governing Installation, (a) All electri- cal wiring installation, or electrical fixtures, apparatus or appliances for furnishing light, heat or power, telegraph, telephone, district messenger and other electrical work in- troduced into, or placed in or on any building or structure in Salt Lake City, shall be in conformity with the latest issue of rules and requirements of the National Electrical 643 Code, and all fittings and materials used in such installa- tions must be sanctioned in the latest list of electrical fit- tings, published by the national board of fire undervvril which rules and requirements and lists, as applied, are here- by made a part of this ordinance. i lii Service switches, cut-outs and meters must be placed in bathrooms, and all switches, sockets and other electrical fixtures and apparatus must be located so that they cannot he reached by one standing in a bath tub. (c) All wires in damp places, basements or cellars. unless concealed by plaster, compo-board or similar finish on ceiling, must he run in conduit, and no metal covered ckets or switches will he permitted therein. All drop cords in basements or cellars must he of what i- termed "reinforced cord." ach flat or dwelling place in an apartment house, flat building, or building designed for two or more dwellings, -hall he provided with an independent service, unless the cut-outs or meters are grouped in a cabinet or closel open- ing into a public hal!wa\ so a- t" be readily a at all til Every building other than a private dwelling lure- after erected, in which electricity is used for light, heal or power, -hall have the supply wires, when from underground mains, enter the building at some convenient location on the ground floor, readily accessible to police or firemen. and said supply win- to be provided at this location with main cut-off switches a- few in number a- conditions will v, so arranged that all current for light, heat "r power can be cut "it from the building. Sec. 583. Notice. Inspection. Upon tin- completion of the installation of any electrical wiring, fixture-. pliances "r apparatus in or on any building it -hall be the duty of the corporation, copartnership or firm or individual doing same to notify the city electrician, who shall "iier inspect same, and if approved 1>\ him he -hall i- 644 a certificate of proper inspection, which shall contain the date of such inspection and an outline of the result; and it shall be unlawful for any person, firm, copartnership or corporation to turn on or connect the current with such installation until said certificate shall be issued; and it shall be unlawful to make any change, alteration or ex- tension in or tu the installation of any electrical wiring, fixtures, appliances or apparatus, in or on any building after inspection, without notifying said city electrician and securing a permit therefor. Sec. 584. Rights and Powers. The city electrician shall have the right to enter any premises at all reasonable hours for the purpose of inspecting same. Sec. 585. No Liability of City. This ordinance shall not be construed to relieve or lessen the responsibility of anv person owning, operating or installing any electrical wires, fixtures, appliances, apparatus, construction nr equipment for damages to anyone injured or damaged, either in person or property by any defect therein: nor shall the said citv or any agent thereof be held as assuming any such liability bv rea- son of inspection authorized herein or certificate of inspection issued by the city electrician. Sec. 586. Penalty. Any person violating any of the pro- visions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding Fiftv Dollars or by imprisi inmeni in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the citv jail for a period not exceeding thirty days. Sec. 587. Continued Offenses. Every day's continuation el a violation of any of the provisions of this ordinance shall be deemed to lie a separate and distinct offense. 645 CHAPTER XIII. CITY ENGINEER. Sec. 588. Creation of Office. There is hereby created the office of city engineer and assistant city engineer, which shall be filled by appointmenl as provided l>> law. Sec. 589. Salary. The city engineer shall receive the sum of three thousand six hundred dollars per annum. The assistant city engineer shall receive the sum of two thousand one hundred dollars per annum, payable monthly as are the salaries of other city officers. Sec. 590. Oath. Bond. The city engineer and the assistant city engineer shall each, before he enters upon the duties of his office, take and subscribe the constitutional oath of office and shall execute a bond with g 1 and suffi- cient sureties to be approved by the hoard of commissioners payable to the city. The city engineer shall give bond in the penal sum of five thousand dollars, the assistant city engineer shall g"ive bond in the penal sum of three thousand dollar-, -aid bonds -hall he conditioned lor the faithful performance of the duties < shall have been approved and adopted i>y a majority of the board oi commissioners as a correct map of the grade on such street, the action of the com- missioners shall be endorsed on said map by the city recorder and said map shall be then filed in the office of the city engineer and the grade on any such street shall thereafter be considered as established as shown on such profile map. It shall be unlawful for any person to erect or construct, or to commence the erection or construction of any building or other structure upon the line of any street where the grade of said street lias already been established, without first making application to the city engineer to indicate the grade of the street upon which -aid building or other structure is to be erected, or to tl, after build to any ^rade than that indicated by the engineer. Sec. 595. Fees. For all surveys in plat- and additions that have been officially resurveyed in congested districts, or in any additions where the surveys are found to a; substantially with the recorded plat thereof, the city engineer shall charge and collect, in advance, foi the benefit of the city, the estimated sum to cover the actual expense of such surveys, from the owner- of property ring work to be done 1>\ the city engineer's office, ■i-t whom work done in -aid office is properly charge- able, and upon ascertaining such cost or expense, any exi thereof -hall be refunded to the person advancing -aid sum. The cit) engineer -hall be allowed to charge and de- mand in advance, for the benefit of the city, fee- from the owner- of property ordering work to be .lone by the engineer's office, or against whom work done in said oi i- properly chargeable for each survey certificate, the exact amount to lie fixed by the engineer in accordance with the nature and amount rk to be done. 648 Sec. 596. Same, in all parts of the city over which the official survey has not been extended, 'and where the surveys are not found to agree substantially with tin- recorded plats thereof, the citv engineer shall, for all surveys in such districts charge, and collect in advance, a sum estimated to cover the actual cost or expense thereof, and upon ascertaining such cost or expense, any excess there- of shall be refunded to the applicant ; and in case of surveys in such districts where lines cannot be satisfactorily de- termined to agree with the recorded plat, the city engineer may refuse to give any certificate of survey. Sec. 597. Tests of additions. The city engineer shall from time to time make a test of the additions to the city, theretofore filed and recorded without a proper survey, or where the survey was so badly executed that great inac- curacy exists in respect to the lines of streets and alleys, and where there has been no official survey made by the city of the entire addition; and until a proper re-survey of such addition is made by the owners thereof, and the lines of the streets and alleys accurately determined by the engineer to agree with the recorded plat thereof, he may refuse to give any certificate of survey in connection there- with. Sec. 598. Filing plats. Any person desiring to plat or subdivide any land within the corporate limits shall present to the city engineer two accurate maps or plats thereof upon tracing cloth, particularly setting forth and describ- ing all streets and either public places and all blocks, lots and parcels of land therein by number or name with their exact dimensions: said maps or plats shall be properly acknowledged by the dedicator and certified by the sur- veyor making the same, and must be accompanied by an abstract of title to the land platted, and the necessary fees, including the fees necessary to record one of such maps or plats in the office of the county recorder. 649 Sec. 599. Same. If such maps or plats shall meet the approval of the engineer, he shall submil a reporl thi tn the board mmissioners, and when the board has, in turn, appn >\ ed such maps or plats anil accepted tin- dedi- cation therein contained, tin- engineer shall file one < in his office and record the other in the office of the count) recordei Sec. 600. Same. Street names. When any new subdivision contains any streel which i- a continuation or approximate continuation of any existing feet, respectively, and to indicate the ten-inn and degree of temperature employed, are hereby de ■ be the mean- of fixing and perpetuating the official standard of measure in this city. The initial monument of the ip being 1 at a point 1257 7 ' uth and •'rum the stone monument at the i- 650 section of Seventh East and Ninth South streets, and the two other monuments being in line with and at a distance of 100 and 400 feet, respectively, west from the initial monument. Sec. 604. Instruments. How adjusted. All persons who shall hereafter use any measuring instrument for making any survey or measurement to establish the boundary lines of any street, lot or other parcel of land, within the corporate limits, shall first test or compare and adjust the same to correspond with the official standard, as indicated by the above described monuments. Sec. 605. Instruments to be adjusted It shall be un- lawful for any person to refuse or neglect to first compare and adjust the measuring instruments to be used by him. with the official standards as hereinbefore designated, before making surveys, for any purpose, within the limits of Salt Lake City. Sec. 606. Custodian of monuments. The city engineer is the custodian of the monuments described in Section 603. He shall keep the said monuments in perfect condition and properly protected, and allow them to be used by proper persons at all reasonable times. Sec. 607. Protection of monuments, it shall be un- lawful for any person to displace, remove, injure, or in any way interfere with, or place obstructions upon any survey stake or monument marked as such. Sec. 608. Interfering with engineer prohibited. It shall be unlawful for any person to interrupt or molest the city engineer or any of his assistants, agents or em- ployes while engaged in official duty, or to wilfully catrs« or offer to said engineer or any of his assistants or employes any kind of corporal injury or hindrance. 651 Sec. 609. Employes. Compensation. The board of commissioners shall employ engineers, draftsmen, linemen, and such other employes as the necessities of the iffice shall demand, at such compensation as said board may authorize. Sec. 610. Absence or disability of city engineer. In the absence of or during the disability of the city engineer the assistant city engineer shall exercise all functions and powers >>f the city engini Sec. 611. City engineer's office, office of record. Cus- todian. The city engineer's office is hereby created an office of n i all maps, plans, plats, profiles, drawings, deed-. dedications, final estimates, specifications, and contracts, which in any way relate to the affairs of the city. The city engineer shall be custodian of, and must keep, all the draw m^- and documents above mentioned on file and record. Sec. 612. Supplies. Records and files. The city engineer's office shall be supplied with all necessary books, es, and supplies for recording and filing as herein re- quired. The city enginei r -hall record and file all drawings and documents pertaining to public land- and improvements and those made in his office shall be placed on record as soon ompleted, and shall then be open For public inspection, and any person copying the same, or taking note- therefrom, may do so in pencil only, lie -hall keep the records and file- in good condition, and turn the same over to hi- -tie- rs in office. He -hall allow no alteration, mutilation. . >r chat:. ■ made in any matter of record and -hall he held strictly accountable for same. Sec. 613. Must not enter on record until fees are paid. I'he citj engineer shall not record any drawings or instru- ments, or file an\ papers or notice-, or furnish anj or render anv service connected with hi- office until 652 the fees for same are paid or tendered as prescribed by law or ordinance. Sec. 614. Seal. The city engineer shall be provided with a seal by the city for his use containing the words "Salt Lake City, Utah. Engineering department.'' Said seal shall be affixed to every certification or approval. Sec. 615. Shall not conflict. The recording or filing of any drawing or instrument in the city engineer's office shall not interfere or conflict in any way with the record- ing or filing of same in other offices of record. Sec. 616. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirtv days. The court may, in imposing a fine, enter as part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 653 CHAPTER XIV. CITY POUND. ESTRM S. Sec. 617. City poundkeeper. There is hereb) en the office of city poundkeeper which >liall be filled as pro- vided by law. Sec. 618. Salary. The city poundkeeper shall receive a salary of nine hundred and sixty dollars, payable monthly as are the salaries of other city officers. Sec. 619. Oath. Bond. The city poundkeeper shall, In-fore lie enters upon the duties of bis office, lake and subscribe the constitutional oath of office and give bond in the penal sum of i\\<- hundred dollars as provided by law. Sec. 620. Impounding and disposal of estrays, gen- erally. [1 is hereb) made the dutj of the city poundkeeper take into 1 1 i — possession and impound all estrays run- ning at large, and to dispose of the same as hereinafter provided. Sec. 621. Notice of sale of estrays. Within three days after any estrays shall come into the possession the poundkeeper, he shall advertise the same in a newspaper published in the county, having general circulation in the county, by publishing a notice in at least one issue of - . i i ■ I paper, and by posting notices for a period of ten days in three of the mosl public place- in the city, one of which places shall be postoffice. He shall immedi- ately deliver a : such notice to the count) clerk, • mail the same to him by registered letter. The county clerk shall, upon receipt of ~-ii'\ notice, File and 4a 654 the same in his office for a period of six months thereafter, and shall immediately post a copy thereof at the front door of the county courthouse. The notice so filed with the clerk shall be open during reasonable hours for inspection b) the public, free of charge. The notice herein provided for shall contain a description of the animals, including all marks and brands, when taken, and the day. hour, and place of sale, ami may be substantially in the following form : NOTICE. State of Utah, county of Salt Lake, In Salt Lake City. I have in my possession the following described estray animals which, if not claimed and taken away, will be sold at public auction to the highest bidder at the city pound in Salt Lake City, on the day of . . . .■ 191 . . . , at the hour of (Description of animals.) Said estrays were taken up by me in said city on the day of 191... City poundkeeper of Salt Lake City. Sec. 622. Claimants. Sale. Bill of sale. If at any time before the sale of any estrays. such animals shall be claimed and proved to be the property of any person, the pound- keeper shall deliver them to the owner upon receiving from him the cost of impounding, keeping and advertising the same. If the animals are not so claimed and taken away. he shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale 655 transferring said animals to the purchaser or purchasers thereof, which l>ill of sale shall be substantiall) in the i. '11. iwing form : 1 hereb) certify thai in pursuance oi the law regulating the disposal of estrays and trespassing animals, 1 have this da) sold t" for the sum of $ he being the highest bidder head of branded with the city estray brand and otherwise described as follows, to w it : (Descriptii >n i if animals, i Witness my hand this daj oi 191... Citj poundkeeper, City of Sail Lake. State of Utah. Sec. 623. Record of estrays. The poundkeeper shall keep an accurate record of all estrays received by him, their color, sex, mark-, and brands, the time and plan- of taking and the expenses of keeping and selling the same. all animals claimed and taken away, all animals sold and to whom so sold and the amount paid, all moneys paid t" owners after sale, all moneys paid into the cit) treasury and all other matter- necessary t" a compliance with the provisions of this ordinance. The board of commissioners of the city shall provide the city poundkeeper with a suitable l>"<>k. in which shall he entered the records required by law t" he kept by the poundkeeper Such n -hall It open t" tin inspection of the public at all reasonable Imurs. and shall he deposited 1>\ the poundkeeper with his successor in office. Sec. 624. Trespassing. Animals. Damages. Impound- ing. If any neat cattle, horses, asses, mules, shee] 656 or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing ani- mals, or by distraining and impounding said animals in the manner provided herein. Sec. 625. Id. Appraisement of damages. The owner or occupant of any property may distrain all of said animals trespassing or doing damage thereon. He shall, within twenty-four hours thereafter, deliver said animals to the city poundkeeper, together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested male citizen, a free- holder, over twenty-one years of age. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the ani- mals, if known, and if not known it must state that fact, together with a description of the animals, including all vis- ible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases the owners shall be notified separatelv, and each lot or group of animals shall be adver- tised and sold separately in the same manner as though the damage had been done by different animals at different times. Sec. 626. Id. Owner to be notified. The person dis- training the animals must, if the owner of the same be known to him and if he resides within ten miles of the place of the trespass, immediately deliver to such owner, or leave at hie place of residence, if he cannot be found, a copy of such cer- tificate of appraisement; but if the owner does not live within ten miles of the place of trespass, the party distraining the animals may, at his option, deliver a copy of such certificate 657 to the owner in person, or deposil the same in the nearest postoffice in a registered letter addressed to said owner. He >hal 1 be entitled to charge ten cents a mile one way for the first ten miles necessarily traveled in delivering such cer- tificate, and five cents for each additional mile, to be ta.v ci ists against the animals. Sec. 627. Damages cannot be recovered, when. If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the city poundke within fort) eighl hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraise ment within twenty-four hours after he receives the same, or to deposit the same in the postoffice, a- herein provided, he shall not In- entitled to recover damages under the i this ordinance. Sec. 628. Where owner unknown. Duty of pound- keeper. \\ henever an) animals are delivered to the pound- keeper, and the certificate of appraisement is filed with him a- herein provided, and such certificate states that the owner is unknown, the poundkeeper shall immediately examine all brand hooks or brand sheets in his possession, and if the owner he ascertained thereby, or if the owner he already known to the poundkeeper, he shall, if the owner live within ten miles, immediately deliver a copy of such tificate of appraisement to such owner, or leave the same at his residence if he cannot he found; if the owner do not live within ten miles, the poundkeeper may, at his option, deliver such copy personally to the owner, or deposil the same in the nearest postoffice in a registered letter addressed to such owner, lie shall, however, serve the cop) in one of 'he ways ided herein; provided, that whenever personal servici a copy of any paper is required by this ordinance, service by agent shall he deemed sufficient. Sec. 629. Notice of sale of trespassing animals. \~ iny such animals are delivered to -he poundkeeper, he 658 shall immediately proceed to advertise the same as herein- after provide'd, except when the owner is known and has been notified, in which case he shall hold said animals forty- eight hours before advertising the same. He shall adver- tise in a newspaper published in the county, having general circulation in the county, by publishing a notice in at least one issue of said paper, and by posting notices in three of the most public places in the city, one of which shall be at or near the postoffice, and shall deliver a copy of the same to the county clerk, or send the same by deputy or by regis- tered mail. The clerk shall preserve such notice and post a copy thereof as provided in Section — . The notice herein provided for shall state the time when the damage was done and the amount thereof, the name of the party damaged, a description of the animals, including all visible marks and brands, and the day, hour, and place at which such animals will be sold, which shall be not less than ten nor more than twenty days from the time of posting such notice; said notices may be substantially in the following form : SALE OF ANIMALS FOR DAMAGES. State of Utah, County of Salt Lake. In the City of Salt Lake. I have in my possession the following described ani- mals, which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at the city pound in Salt Lake City, on the day of 191 .. , at the hour of , (Description of animals.) Said animals are held by me to secure the payment of $ damages done by said animals upon the premises of on the .... day of , 191.. City Poundkeeper of Salt Lake City. 659 Sec. 630. Owner may pay and take animals. Disputed appraisal. The owner of any trespassing animals taken up under the provisions of t li i — ordinance may. at any time before the sale thereof, chum and take such animals away upon paying the amounl of damages sel forth in the certifi- cate of appraisement and the accrued costs, and if such ani- mals arc included in a l"i oi group of animals belonging to other parties, against which the damages and costs are assessed as a whole, he shall pay his proportion of the total 'liu "t' damages and costs assessed against such animals. irding to the number of animals he owns when com- pared with the number of the entire lot or group. If he deems the appraisal too high he may choose another ap- praiser having the qualifications herein provided, who with the first shall make a new appraisal, and if they cannot agree they shall chouse a third and the three shall proceed to make another appraisal, and the decision of the majority shall be final. Sec. 631. Sale. Bill of sale. If such animals are not claimed and taken away by the owner, the poundkeeper shall, at the time and place set Forth in the notice of sale, proceed to sell such animals, one at a time, to the highest cash bidder. If the owner of any lol of animals to he sold is known, the poundkeeper shall sell only enough of said anin pay the damages and costs, and the remainder may he turned over to the owner at any time thereafter: hut if the owner he not known the poundkeeper shall pro- ceed to sell all of said animals so advertised for -ale. Me shall execute and deliver a hill of -ale therefor, and file a copy with the county clerk a- hereinbefore provided. Said copies -hall he preserved for a period of two years and shall ipen for inspection at all reasonable hours, free of cha Sec. 632. Redemption within ninety days. The owner of any trespassing animal- sold under the provisions of this chapter may. at any time within ninety days of the dati 660 such sale, redeem such animals from the purchaser or as- signee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with ten per cent additional, and a reasonable compensation for the care and keeping of the same. If such purchaser or assignee refuse to give up such animals on the owner proving his title to the same and on his tendering the amount due as herein provided, such owner may maintain an action at law to recover the same; provided, that the purchaser or any assignee who has disposed of such animals shall not be liable to such owner in any amount. If no redemption of such animals be made within ninety days after the date of such sale, then such sale shall be absolute and shall vest the title to such ani- mals in the purchaser or his assignee. Any person selling or disposing of any such animal within ninety days of its sale under the provisions of this chapter, shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time, and if he fails to do so he shall be liable for any loss that may accrue to such purchaser by reason of such animal being redeemed for a less amount than he paid therefor. Sec. 633. Owner entitled to residue of proceeds. If any estrays or trespassing animals sold under the provisions of this chapter shall, within a period of six months immediately ensuing after the date of the sale thereof, be claimed and proved to be the property of any person, it shall be the duty of the poundkeeper at the expiration of such time to forthwith pay the money received for such animals to the owner thereof, less the amount of damages and the expense of taking, keeping, and selling the same ; but in the event such animals are not claimed as aforesaid, then such money shall become the property of the city, and the poundkeeper shall immediately pay the same into the city treasury; pro- vided, that in case there is a contest between tw-o or more persons claiming to be the owners of any such animals, the 661 poundkeeper shall deposil such monej with the city n urer to be by him paid to the party who shall establish by action his righl to the same. Sec. 634. Record of trespassing animals. The pound keeper shall keep an accurate record of all trespassing ani- mals received by him, which shall contain all the items required by Section 625, together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a plete accounl of the transaction. Such record shall he "pen for inspection a< all reasonable hours. Sec. 635. Estray brand. Then- shall be a city estray brand, t" consisl of the letters S. L. (.'.. which letters shall be three inches in length. The board of commissioners shall immediately furnish the poundkeeper with the proper brand- ing mm. ami the poundkeeper shall place such estray brand upon the left side of the neck of all animals --"Id by him, except hogs, sheep and goats. Sec. 636. Unlawful sales. The owner of any animals unlawfully impounded or sold may maintain an action recover the same and damages for the detention then Sec. 637. Retaking animals unlawfully. \nv p. who shall take any animal out of the possession of any one lawfully holding the same under the provisions of 'his ordi- nance, either by stealth, force, or fraud, or who shall inter- ■ r attempting ike up such animals. is guilty of a violation of this ordinance. Sec. 638. Pound. The city shall furnish suitable prcm- ises t" In- used as the city pound, and it shall be the duty of the city poundkei • ike charge of the premises which shall he designated as the city pound, and keep -aid premises 662 in a clean and orderly condition. It shall be his duty to receive and take care of all animals committed to his charge, and provide all necessary forage therefor. He shall properly and with diligence make every effort to find the owners of all animals received by him, by examining the records, marks and brands and otherwise, and notify the owner if found. Sec. 639. Books. He shall keep a full, complete and accurate set of books, which shall set forth in detail all business done in connection with the city pound. Sec. 640. Bills of damage. He shall receive and file all bills of damage duly presented, and enter the amounts in his books, which shall be open to the inspection of the public. He shall not deliver any animal to the owner until all costs and damages are paid. Sec. 641. Proceeds of sale. The net proceeds of the sale of all animals, as herein provided, shall be paid into the city treasury, subject to the order of the owners of said animals, if applied for within six months from the date of sale; if not applied for within that time, the city treasurer shall cover the amount into the general fund. Sec. 642. Advertising bills. All bills for advertising shall be certified to by the poundkeeper, and, if correct, shall be ordered paid by the board of commissioners. Sec. 643. Forage. The city purchasing agent shall, under the direction of the hoard of commissioners purchase all necessary forage or feed for impounded animals. Sec. 644. Animals at large. No cattle, horses, mules, sheep, goats or swine shall be allowed to run at large, or lie herded, picketed, or staked out upon any street, sidewalk or any other public place within the limits of the city, and all such animals so found may be taken up and driven to the 663 estray pound; provided, that nothing herein contained ^liall be so construed as to prevent an] om driving milch cows, work cattle, horses, mules or other animals from < side the citj limits to any inclosure within the city limits, or from any inclosure in the city to a place outside the city, it from one inclosure to another within the limits of the city. Sec. 645. Detention of animals, li shall be unlawful for any person, other than the city poundkeeper, i" take up an animal, under the provisions of this chapter, and retain it mure than eighteen hours. Sec. 646. Malicious impounding. It shall be unlawful for any person to maliciously or mischievouslj secrete oi impound the animal of another, or to maliciously or mis- chievously aid or abel therein. Sec. 647. Fees. The poundkeeper, for impounding and posting up notices, shall colled and cover into the city treasury, fees for his services as follow-: One dollar per head for horses, mule- or eattle, and twenty-five cents per head for calves, goats, sheep and swine: for feeding animals, fifty cents per day for horsi • and cattle, and twenty- five cents per day for calves, goats, sheep and swim for advertising and sale shall be one dollar each for hoi mules and eattle. and fifty cents each for goats, sheep. calves and -wine. Sec. 648. Monthly statement. [1 shall be the dul the city poundkeeper to make monthly, a -worn statemenl <'i the business transacted by him in connection with the city pound, showing in detail all animal- received. —Id. advertised or handled by him. together with a detail statement under oath of all moneys expended and received by him. 664 Sec. 649. Pay over money. Ji shall be the duty of the city poundkeeper to turn into the city treasury on or before the fifth day of each month all net proceeds in money re- ceived by him in virtue of said office, during the preceding month. Sec. 650. Penalty. Any person violating any of the pro- visions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as part of the judgment, that in default of the payment of the fine, the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 66S CHAPTER XV. CITY PURCH VSING AGENT. Sec. 651. Creation of office. There is hereby en within and For Salt Lake City, the office of city purchasing nt. Sec. 652. Appointments. The board of commissioners shall appoint a suitable person a-- city purchasing agent and such employees as may be necessary for the proper conduct of said office Sec. 653. Oath and bond. The city purchasing agent shall, before he enters upon the duties of his office, take and subscribe the constitutional oath of office and -hall execute a bond with good and sufficienl sureties to he approved by the board of commissioners, payable to the city in the sum of five thousand dollars, conditioned for the faithful perform- ance of the duties of his office, and the payment of all received as such officer, according to law and the ordinances of the city. Sec. 654. Salary. The city purchasing agent shall receive compensation the sum of three thousand dollars per annum, payable monthly, a- are the salaries of other city offii Sec. 655. Duties. It shall be the duty of the city pur- chasing agent, when so directed by the board of commis- sioners, t" purchase for, and in behalf of the city. cry kind necessary for the use of the city, in all of it< department-;. He -hall, when necessary, solicit bid- for the publishing ami printing of all matters required by law ordinance, ami such other matl 1 by the 666 ers, - tall, when a. I by the boa: ssioners 5 on behali He shall . all .. - - - - g sals JS us dep. - sha ike contracts and in beha^: t all suj basing agent for and in beha ty, shall be - ss S . c 656. Penalty. Any per- _ the pro- f, be punished by a fine in any - or by impris than thirty days. T: - g at in dei the payment of the . the defendant may - ail for a period n insr thirtv da - CHAPTER XVI • I Sec. 657. Office appointive. The board ol comn shall appoint a quali • 'h.-r, shall have su< ■ 1 by la Sec. 658. Oath. Bond. The cit) recorder shall, b< ■■'.ii the duties of hi the constitutional oath bond with ! and -ui'i'k :• ble i" the city in the penal sui thousand dollars, conditioned f'/r the faithful perform: payment of all law and the ordinal sai'l • d l>"iir| shall be filed with tl irer. Sec. 659. Salary. iry of the city recorder -.hall ir hundred dollars per annum, p hlv. Sec. 660. When ordinances take effect Publication. Proof. \ll ordill in t! rder and publisl ithin t hi ordinance that it shall tal I an that w! • blished I hall all ordii 668 and said book, or a certified copy of the ordinances, under the seal of the city, shall be received as evidence in all courts and places without further proof, or if printed in book or pamphlet form by authority of the board of commissioners, they shall be so received. Sec. 661. Duties. The city recorder shall keep his office at the place of meeting of the board of commissioners, or some other place convenient thereto, as the board may direct. He shall keep the corporate seal and all papers and records of the city, and keep a record of the proceedings of the board of commissioners, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and tran- scripts from all records of the board of commissioners cer- tified by him under the corporate seal, shall be evidence in all courts, as if the original were produced- The city recorder shall charge, collect and receive in advance for the use and benefit of Salt Lake City the fees hereinafter enumerated, to wit : For copy of any resolution, ordinance, record or other document on file or of record in his office, ten cents for each one hundred words, counting each number expressed in numerals as a word, and at the same rate for a less number of words. For searching records one dollar per hour. For affixing certificate and seal of the city, twenty-five cents. Sec. 662. City recorder to account. The city recorder shall cover into the city treasury all moneys belonging to the city coming into his hands by virtue of his office. He shall deliver to his successor in office the corporate seal, together with all books, papers, records and other property in his possession belonging to the city. Sec. 663. Countersign contracts. He shall countersign all contracts made in behalf of the city, and every contract made in behalf of the city or to which the city is a party shall be void unless signed bv the recorder. 669 Sec. 664. Record. Sale of real estate. Whenever any real estate, or any interest therein, is transferred or granted l>\ Salt Lake City, the deed, lease, contracl or other instru- ment shall be recorded al length in the office ol the commis- sioner of parks and public property, before being delivered to the grantee. It in any case il shall l>c impracticabli record said deed or other instrumenl before delivery, then a true copy thereof shall be immediately furnished to the com- missioner of parks and public property, who shall record Sec. 665. Additional duties. It shall be the dut) of the city recorder to notify the city auditor and the commissioner of parks and public property of all final acts of the board of commissioners which pertain to the purchase, sale, transfer, umbrance of any real estate in which the city is interested. \ he recorder shall ''it or before the tenth day of January, of each year, make an annual report in writing to the board of commissioners, which report shall show: 1. The moneys received and disbursed, it' any. during the preceding twelve months. 2. The business done or labor performed 1>\ said of- ficer or his department during the preceding twelve months, anil the general condition of lit—- office or department at the of the preceding fiscal year. Sec. 666. Appointments, deputies, assistants, clerks. re are hereby appointed in the office of the cit) recorder the following deputies, assistants and clerks: • ine chief deputy recorder, at a -alary of sixteen hun- dred and twenty ($162000) dollars per annum.. In the absence of, or during the disability of the city recorder, the chief deputy recorder -hall exercise all the function- and powers of the city recorder lie -hall 43 670 bond to the city in the sum of one thousand ($1,000.00) dollars. Three deputy recorders, who shall act as clerks of the city courts, at a salary of twelve hundred ($1200.00) dollars each per annum. One deputy recorder, who shall act as clerk of the city courts, at a salary of ten hundred and eighty ($1080.00) dollars per annum. One chief clerk, at a salary of fourteen hundred and forty C$1440.00) dollars per annum. One clerk, at a salary of twelve hundred ($1200.00) dollars per annum. One stenographer for the recorder's office, at a salary of nine hundred ($900.00) dollars per annum Two stenographers for the city court, at a salary of nine hundred ($900.00) dollars each, per annum, all of which salaries shall be paid monthly, as are the salaries of other officers and employes. Sec. 667. Penalty. Any person violating any of the pro- visions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as part of the judgment, that in default of the payment of the fine, the defendant may be imprisoned in the city jail for a period not exceeding thirty days. Additional duties, see generally Chapter on Special Taxes. To file and publish li^t of nominations, etc.. Sees. 824-835, Chap- ter 34. To provide ballots for election. Sees. 836-842, Chapter 34. Furnish ballot box to judges of election, Sec. 856, Chapter 34. Keep counted ballots twelve months, Sec. 865, Chapter 34. To notify officer of removal. Sec. 251x6. Chapter 34. Preparing of voting machines, when, Sec. 868x8, Chapter 34. Appoint custodian of voting machines, when. Sec. 868x8. Chapter 34. Ex officio clerk of city court. Sec. 868x8. Chapter 34. Fees of clerk of city court, Sec. 686x22, Chapter 34. Custodian of city court, seal. Sec. 686x36, Chapter 34. 671 Elective officers ^h.tll file sworn statement of election campaign expenses, Sec. 213, Chapter 8. Tax deed record. Sec. 687, K. O. 1903. deed, Sec. 686, R. I I 1903 Fees for tax deeds. Sec < NN R I ). 1903. To certifj tax levy, Sec 254, I S 1907 To certify permits to sell explosives, Chapter 16. 672 CHAPTER XVII. CITY TREASURER. Sec. 668. Office appointive. The board of commissioners shall appoint a qualified person to the office of city treasurer, who shall have' such powers and perform such duties as are provided by law. Sec. 214, Chapter 8. Elective office terminated, Sec. 213, Chapter 8. Sec. 669. Oath. Bond. The city treasurer, before he enters upon the duties of his office, shall take and sub- scribe the constitutional oath of office and shall execute a bond with good and sufficient sureties to be approved by the board of commissioners, payable to the city in a sum not less than $250,000. Said bond shall be conditioned for the faithful performance of the duties of his office, the ob- servance of all laws pertaining to his office, and for pay- ment of all moneys received by him as city treasurer, ac- cording to law and the ordinances of said city. Sec. 670. Salary. The salary of the city treasurer shall be twenty-four hundred dollars per annum, payable monthly, as are the salaries of other city officers. Sec. 671. Sinking funds. The board of commissioners may cause any sinking fund now existing or hereafter cre- ated by authority of the laws of the state to be invested in any legal and lawful bonds bearing interest issued by any city, county or school district in the State of I T tah. or by the State of Utah. Whenever such bonds are on the market at a fair and reasonable value, and the money in any said sink- ing funds exceeds the amount of any bond or bonds for which said fund was created, then such funds shall be used 673 to redeem said bond or bonds at the market value thereof and the custodians of any said sinking fund are herebj authorized t" buy such bond or bonds Sec. 672. Duties generally. The city treasurer shall re- ceive all money belonging to the city, including all taxes, licenses, water rate-, and fines, and keep an accurate and iled account thereof, in such a manner as the heard of commissioners from time to time may by ordinance dii and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the auditor, as the hoard of commissioners may- direct, at the end of every month, and turn over all warrants, interest coupons, bonds, or other evidence ■■(' the indebtedness of the city which max have been redeemed by him during the month, taking the receipts of the auditor therefor, and all such warrants, orders, or other evidence of indebtedness, shall he canceled by him and have written ■ • i- stamped there- on the date of their payment or redemption, Sec. 673. Payments, lie -hall pay ti" monej out upon lawful warrant, except bonds and interest coupons, which, when due. may Ik- paid upon presentation, or in case the same are payable at some other place, then the money for their redemption -hall he sent to the place where they are payable in time to meet such payment when due. Sec. 674. Warrants paid in order. All warrant- -hall he paid in the order in which they -hall he presented, and the treasurer shall note Upon the hack ■ h warrant pre- sented to him the date of -uch presentation, and. when p nient is made, the date of -uch payment: provided that any warrant shall he paid by the treasurer in case a sufficient amount of money shall remain in the treasury to pay all warrants issued previous to such warrant. 674 Sec. 675. Receipts. The treasurer shall give every per- son paying money to the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the auditor, as the board of commissioners may direct, at the date of his monthly report. Sec. 676. Public money to be kept separate. The treas- urer shall keep all money belonging to the city separate and distinct from his own money. Whenever it shall appear to the board of commissioners that the treasurer is making profit out of public money, or is using the same for any pur- pose not authorized by law, they shall suspend him from office, and, upon his conviction for such offense, his office shall become vacant. Sec. 677. Reports. Registry of warrants. The treas- urer shall report to the board of commissioners not later than December 31st of each year, giving a full and de- tailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a registry of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the board of commissioners at the time of making such report. Sec. 678. Special funds. All moneys on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever. Sec. 679. City treasurer. Duties. The cash books of receipts and disbursements kept in his office shall show the names of the persons, firms or corporations from whom 675 moneys are received or to whom moneys are disbursed; the date of such receipl or disbursements; the fund, de- partment and account to which each entry applies, shall give duplicate receipts in all cases for moneys received, on forms provided by the city auditor. The original shall be given to the person, firm or corporation making the payment and the duplicate shall, al the close of each day's business, be filed with the citj auditor. He shall, at the i ss each day, make and File with the city auditor, a statement showing a summary of the transactions in each fund and relative classified detail statements. The statement showing the summary shall be in columnar form and shall show : 1. The balance of each fund at the close of business of the prior da\ . 2. Receipts of each fund of the current day. 3. The sum of -aid balances and receipts. 4. The disbursements of each fund of the current day 5. The balance of each fund al the close of the current day. The said summary of each day's transaction- shall also show the total amount oi mone) on hand of all fund- and where the same is located or deposited. lie shall also prepare in duplicate at the close of business of day in each and e\ery month, a statement showing a summary of the transactions in each fund and relative classified detail statements. The said monthly statements shall l>e in the same form as the daily statements herein provided, and he shall submit the original of the monthly statements to the board of commissioners and file the duplicate thereof with the city auditor. He shall make settlement with the city auditor at the end of every month and turn over all warrants. bonds, interest coupons, water -enp certificates, water mi certificates of deposit her evidence oi tin- indebted) of tht cit\ which may have been redeemed by him dut the month, taking receipl of the city auditor therefor and all such warrant-, bonds, intei iupons, water -crip 676 certificates or other evidence of indebtedness shall be canceled by him and have written or stamped thereon the date of their payment or redemption. His books shall at any reasonable time, be open to inspection of the city auditor or any member of the board of commissioners. He shall perform such other duties as the board of com- missioners from time to time may by ordinance direct. Sec. 680. Collector of special taxes. The city treas- urer shall be ex officio collector of special taxes. Sec. 681. Money paid into treasury. All fines and for- feitures for the violation of ordinances, and all money col- lected for licenses or otherwise, shall be paid into the treasury of the corporation at such times and in such manner as may be prescribed by ordinance. Sec. 682. Appointments, deputies, clerks, assistants There are hereby appointed in the office of the city treasurer the following deputies and clerks: One deputy treasurer at a --alary of fifteen hundred ($1500) dollars per annum: Three clerks at a salary of twelve hundred ($1200) dollars each, per annum ; One collector of water rates at a salary of twelve hundred ($1200) dollars per annum. Such salaries shall be paid monthly, as are the salaries of other city officers and employes. Sec. 683. Deputy. Oath. Bond. The deputy treas- urer shall, before assuming the duties of his office, take and subscribe the constitutional oath of office, and shall furnish a bond to the city in the sum of ten thousand dollars. Sec. 684. Delivery to successor. The city treasurer shall, within five days after notification and request, deliver to his successor in office all properties, books, and effects 677 of every description in hi- possession belonging to the city or appertaining to his office, and upon refusal to do so, shall be liable for all damages caused thereby. Sec. 685. Penalty. Am person violating any of the \iM.'iiN of this chapter shall, upon convicition thereof, be pun- ished by a fine of not more than one hundred dollars i I'" or by imprisonment in the city jail not more than one hundred (100) days or by both such fine and imprisonment; provided, that nothing herein contained --hall be construed to prevent Salt Lake City from recovering the amount of any fees or moneys in a civil action, broughl for such purpose, as vided by ordinance or statute. 1 i.iiior license i" be [>.iid to city treasurer, Sec 8, Chapter -44 cial taxes, Sees 25 I tpter 16. 282x 282x3, Chapt< i 17 Special tax fund in cities, Sees 282x4-282x9 i pter lf>. 678 CHAPTER XVIII. CLAIMS FOR DAMAGES. Sec. 686. Claim. Time for presenting. Action on. Every claim against Salt Lake City for damages or injury alleged to have been caused by the defective, unsafe, danger- ous, or obstructed condition of any street, alley, crosswalk, sidewalk, culvert, or bridge of such city or town, or from the negligence of the city authorities in respect to any such street, alley, crosswalk, sidewalk, culvert, or bridge shall, within thirty days after the happening of such injury or damage, be presented to the board of commissioners in writing, signed by the claimant or by some person by claim- ant authorized to sign the same, and properly verified, stating the particular time at which the injury happened, and designating and describing the particular place in which it occurred, and also particularly describing the cause and circumstances of said injury or damages, and stating, if known to claimant, the name of the person, firm, or corporation, who created, brought about, or main- tained the defect, obstruction, or condition causing such accident or injury, and also stating the nature and prob- able extent of such injury, and the amount of damages claimed on account of the same ; such notice shall the officers of the city to find the place and cause of such injury from the description thereof given in the notice itself without extraneous inquiry, and no action shall be maintained against the city for damages, or injury to per- son or property, unless it appears that the claim for which the action was brought was presented as aforesaid to the board of commissioners, and that such commissioners did not within ninety days thereafter audit and allow the same. Every claim, other than claims above mentioned, against the city, must be presented, properly itemized 679 or described and verified as to correctness by claimant or his agent, to the board of commissioners within one year after the last item of Mich account or claim accrued, and if such account or claim is not properly or sufficiently item or described or verified, the board of commissioners may re- quire the same to be made more specific as to the itemization or description, or to be corrected as to the verification thereof. Sec. 687. Claim barred if not presented. It shall be a sufficient bar and answer to any action (1 r proceeding against the city, in any court, for the collection of any claim mentioned in Section ''So, that such claim had not been presented to the board of commissioners of the city in the manner and within the time in Section 686 specified; /.(/, that in case an account or claim, other than a claim made for damages on account of the unsafe, defective, dan- gerous, or obstructed condition of any street, alley, crosswalk, way, sidewalk, culvert, or bridge, i- required l>\ the ci missioners to be made more specific as to itemization or ription, or to be properly verified, sufficient time shall be allowed the claimant to comply with such requirement. 680 CHAPTER XIX. CLOTHES CLEANING ESTABLISHMENTS REGULATIONS OF, ETC. Section 688. Definitions. ( a) The term "benzine" or "gasoline," wherever used herein, shall mean any product of petroleum, or any hydro-carbon liquid that will flash or emit an inflammable vapor below the temperature of one hundred and ten (110) degrees Fahrenheit. (b) "Chief of fire department" means chief of fire department of Salt Lake City, Utah. (c) "Approved" shall mean approved by chief of fire department. (d) "Clothes cleaning establishment" shall mean any building or premises where more than one quart of benzine or gasoline is kept or stored to be used for cleaning or renovating for a consideration any clothing or articles of wearing apparel or fabric of any kind, including dye works and tailor shops. (e) "Tests." The chief of fire department shall test and decide the flashing point. Sec. 689. The chief of fire department to grant permits. It shall be unlawful for any person, firm or corporation hereafter to establish or maintain a clothes cleaning estab- lishment where more than one (1) quart of benzine or gasoline is kept or stored, without first obtaining a permit therefor from the chief of fire department, specifying; the name of the permittee and the location of the premises to be used as such clothes cleaning establishment, and the amount of benzine or gasoline desired: provided, that all per- sons, firms or corporations now conducting the business of clothes cleaning shall, after the passage of this ordinance, comply with all the requirements hereafter specified in this 681 ordinance governing the storage and use of gasolim benzine. No permit sliall be granted by the chi< partment where any portion oi building is used or occupied as a hotel, apartment house or lodging house Sec. 690. Application for permits. All applications for permits benzine or gasoline to be used in clothes cleaning establishments shall be made to the chief of fire department, who shall determine the conditions under which anj prh ranted shall be exercised, and shall furnish each applicant with a written or printed copy of all require- ments imposed by this ordinance for their information and guidance as to the manner in which benzine or gasoline shall be stored for the cleaning or renovating of clothes or any articles of wearing apparel or fabric of any kind. When application is made to conduct and maintain a clothes cleaning establishment, the applicant shall, immedi- ately after filing the application, cause to be con spicuously on the premises a notice that such application has been made, said notice to be kept posted until said application is granted or denied. Sec. 691. Dry cleaning room. The dry cleaning room of a clothes cleaning establishment shall be a fireproof building not more than one-storj high, with no basement beneath; building must be of brick. laid in cennnt mortar, -tone or concrete construction with cement fli The doors of such room musl be of the most improved pattern of automatic fire doors; the windows shall be of wire i^la-- with metal frame- and sashes. The walls of said room shall have vent holes at the floor line not less than 6x8 incite- in area, two such nings in each outside wall of the room, the openings properly protected by iron bar-. The chief of fire department may require, when deemed advisable for proper ventilation, that an exhaust blower be located in an air conduit whose inlet ningS -hall be at or near the floor line, and the di-cl 682 end of such conduit shall be carried four feet above the roof of the building. The exhaust blower and conduit shall be of size sufficient to change the air of the building every three minutes, and such blower shall be in operation at all times during working hours. (c) The dry cleaning room shall be equipped with fire buckets filled with sand for use in extinguishing fires, the number of buckets and quantity of sand to be determined by the chief of fire department. (d) Where steam is available, the dry cleaning room of a clothes cleaning establishment shall have installed in same an approved steam fire extinguishing system, the supply valve for which shall be placed on the outside of the room with one valve so arranged that same can be turned on from the outside of the building'. (e) There shall be no connection from the said clothes cleaning establishments to public or private sewers, drain, catch basin or pit, and all such establishments shall be heated by hot water or steam heat. (f) The lighting must be done by electricity in the most improved manner, the wires to be run in conduits : all lamps must be approved vapor proof lamps with keyless sockets; and all switches must be \ l / 2 feet above the floors of such establishments, located near door so as not to allow opportunity for vapor to collect near them. (g) It shall be unlawful to locate, have, use or main- tain steam generating boiler, dynamo or motor within the walls of any clothes cleaning establishment except in a room entirely separated from the cleaning and dyeing rooms. Sec. 692. Storage of gasoline and benzine. Not more than one gallon of gasoline or benzine shall be kept or stored for use above ground, in any clothes cleaning es- tablishment except in closed machines. All quantities of benzine or gasoline in excess of one gallon shall be stored in underground tanks of the following specifications: 683 (a) All storage tanks shall be constructed of not less than 1_' gauge galvanized stool, carefully riveted andsoldered and coated on the outside with asphaltum or cither rust proof material. There shall be no openings or pipe com tions excepl on top thereof, and no tank shall be connei either directly or indirectly with any drain, catch basin or sewer. (b) lank- must n. it exceed 300 gallons capacit) each. and i i • > t more than 6 tanks For benzine <>r gasoline of 300 gallons capacity each shall be allowed in connection with anj one clothes cleaning establishment. Sec. 693. Installation of storage tanks, (a) All tank- are to be installed underground "inside of building, in yard under sidewalk as near the curb line as possible, or under a public alley, the top of tanks to be four i4) feet below the surface and entirely surrounded by earth. (b) Where more than one tank is installed, they shall be separated by at least twelve (12) inches of earth, all well tamped in place. The tops of tanks must be below the level of the lowest pipe line in the building used in connection with the equipment. (c) No storage tanks shall be covered with earth until an inspection has been made by the chief of lire department. (d) All storage tanks shall be provided with one (1) inch diameter galvanized iron vent pipe, same to be connected to top of tanks. This vent pipe must be carried up at least twelve i l.'i feet above the ground level and terminate in a double goose neck spark protector, the openings of which must be covered by a bra-- or copper wire screen of at least 30 mesh. Thi- vent pipe must be placed on a dead wall a- re- mote from window- and door- a- po-sible, and must be attached to wall with pipe hooks and kept firmly in place. (f) Filler pipes must be made of galvanized iron piping two (2) inches or more in diameter, entering in at the top of tank, and extending to the bottom ,,f the tank. 684 Upper end of such filler pipe must terminate in screw cap securely locked. (g) When filler pipe runs to sidewalk or to alley, or to other public highways, it must terminate in screw cap securely locked, and be protected by cast iron filler box, same to be flush with the sidewalk or alley: cover of said filler box to be securely locked. ' 1: i All storage tanks shall be filled from a tank wagon in the daytime. In no case shall any tanks or drums of gasoline, empty or otherwise, be allowed in, upon or about any clothes cleaning establishment or dye works. (i, Where the space under the sidewalk is excavated for use as part of the basement, tanks shall rest on or beneath the basement floor, shall be surrounded by a brick or concrete wall not less than twelve (12) inches thick, extending from the bottom of the tank to four (4) feet above the top 1 hereof' the space between the top of the tank and the top of the wall shall be filled with earth, and the earth covered with at least three (3) inches of concrete. Sec. 694. Pumps. All gasoline or benzine must be drawn from storage tanks by automatic closing valve pumps, and no gravity siphon, air or water system shall be per- mitted ; such pumps to be located above the top of the tanks and may be placed inside the building. Pumps must be of an approved design, having valves to close all suction pipe lines. Sec. 695. Pipes. All pipes must lead out of the top of all tanks. All piping shall be galvanized and be put together with litharge and glycerine. Sec. 696. Handling of gasoline and benzine. The piping shall be so arranged that all gasoline shall be pumped from tanks to washers and return without being exposed to the air. 685 Sec. 697. Regulations. (a) No open lights ol any kind shall be allowed in any room where benzine or gaso line is used. (b) No stove, forge, torch, boiler or other furnace, flame or fire shall be allowed in anj room when benzine or gasoliiu' i-- used. All electric meters shall be placed at least four and one-half (4 above the floor. Sec. 698. Duty of chief of fire department. Ii be the duty nt' chief of fire department to see that the pro visions of this ordinance are complied with, and for that purpose he shall have access to any and all buildings or premises used a^ clothes cleaning establishments. It any proprietor or manager of any clothes cleaning establishment shall fail to refuse to comply with any of the provisions of this ordinance, said chief of fire depart- ment shall notif) such proprietor or manager to appear b< the board of commissioners of Salt Lake City within iw<- days after the service of said notice, and show cause why the pt«- mit which may have been granted t<> store benzine or g; line shall n< it be re\ i iked. Sec. 699. Penalty. \u\ person violating am of the provisions oi this ordinance shall, upon conviction thereof, be punished 1>\ a fine in any sum nol ding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court maw in imposing a fine, enter as part of the judgment, that in default of the payment of the . the defendant may be imprisoned in thi ding thirty da 44 686 CHAPTER XX. DEPARTMENTAL SEGREGATK >N. Section 700. Resolution. Be it resolved by the board of commissioners of Salt Lake City, Utah: Sec. 1. That the various subordinate departments in the administration of the affairs of Salt Lake Citj he. and they are hereby classified under and are distributed into and among the five general statutory departments as follows, towit: Section 701. Department of Public Safety: Fire department — Smoke inspector. Police department — Humane officer. Health department — Board of health. •Garbage inspection and disposal. Veterinarian. Food and dairy commissioner. Inspector of oils, sealer of weights and measures. Section 702. Department of Public Affairs and Finance: Legal department — City treasurer. City recorder. Clerks of the city courts — Civil and Criminal divisions. License department. Purchasing agent. Section 703. Department of Streets and Public Improve- ments: Enginei • ing department — Street department and irrigation. Building inspector. Plumbing inspector. Poll tax collector. Section 704. Department of Water Supply and Water Works: Superintendent. \ssessors and inspectors. Water mains and connection- Service distribution and met \\ ater supply, land and canal-. Section 705. Department of Parks and Public Property: Superintendent of parks. City and county building. Cemetery. Playgrounds Public lands and buildings Pound keeper. Sec. 706. That the foregoing classification and dis- tribution shall be effective until such time as the board of commissioners shall, by a majority vote, elect to change the same. ( ,S8 CHAPTER XXI. DOGS. Sec. 707. Registration. Annual tax. It shall be un- lawful for any person to own or keep a dog within the limits of this city without making application to the city treasurer for that purpose, and paying to said treasurer for the benefit of the city, an annual tax of three dollars for a female dog and two dollars for a male dog. It shall be the duty of the treasurer to register the applicant's name and a description of the dog, and to give to the said applicant a certificate of registry. Sec. 708. Owners to provide collars. It shall be the duty of the owners of all dogs so licensed to pro- vide said dogs with suitable collars with a metallic plate or check attached thereto having a number corresponding with the certificate of registry inscribed thereon, and all dogs not so registered and collared as aforesaid, found running at large, shall be impounded, and the owner sub- jected to the same penalty as the owners of unregistered dogs. Dogs impounded under the provisions of this section shall be well housed, and fed and watered. Sec. 709. Impounding. Redemption. Any dog im- pounded as an unlicensed dog may be redeemed and taken from such pound by the owner or any authorized person, upon exhibiting to the supervisor or person having charge of said pound, a cetificate of registry as provided in Section 707, showing that the license in said section imposed has been paid for such dog, and upon paying the person in charge of said pound an impounding fee of one dollar and the sum of twenty-five cents for each and every day. such dog shall have been impounded ; 689 and all impounded dogs not redeemed within five days shall be killed in a humane maimer. Sec. 710. Cruelty prohibited. h shall be unlawful iii\ person to maltreat or torture an\ dog or, having the right or authority to kill any dog, to kill such dog in any except an humane maimer. Sec. 711. Female in heat. Prohibited running at large. It shall be unlawful for the owner of any female dog to permit it to run at large while in heat, and such may he killed by any police offic Sec. 712. Prohibited in places of worship. It shall be unlawful for the owner of any dog to permit the same to enter or he in any place of worship during publii service. Sec. 713. Unlawful to keep fierce, dangerous dogs. It shall be unlawful for an) person to keep, own or possess a fierce, dangerous, vicious or mischievious dog within the limits of Salt Lake City. The chief of police of said city is hereby authorized to kill or cause t.' he killed all fierce, dangerous, vicious "i- mischievous dogs found within the limits of said city. In pursuance of his duty in this regard, he is authorized t<> enter the premises of any one keeping such fierce, vicious or mischievous dog. Sec. 714. Killing registered dogs prohibited. It shall he unlawful for any person t" kill, or cause to he killed, any d":,r registered as herein provided, without the consent of the owner i ssor thereof, or to deprive a registered of it- collar, or to place a registration tag on any dog not duly registered. Sec. 715. Barking dogs. It shall be unlawful for any person to own. keep or harbor within the limits of Salt Lake 690 City, any dog which by barking, howling or yelping disturbs the quiet of any neighborhood or person. Sec. 716. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or bv imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 691 CHAPTER XXII. EMPL< IYMEN I' i IFFK I S Sec. 717. Must obtain license. Employment agent de- fined. It shall be unlaw fill for any person to open and establish in Sail Lake City, any intelligence or employment office, for the purpose of procuring or obtaining, for monej or other valuable consideration, either directly or indirectly, any work, employment, or occupation for persons seeking the same, or to otherwise engage in the business, or in any way tu act as a broker or go-between between emplo) and persons seeking work, withoul first having obtained a license so to do. An) person performing am of the f< going enumerated services as aforesaid, shall be deemed to be an employment agent within the meaning of this act. Sec. 718. Licenses. All persons required to pa) a license as provided in this ordinance shall pa) to Salt Lake City an- nually in advance the sum of SICK") for >uch license. Sec. 719. Application, to whom made. \n n ap- plying for a license under the provisions of this act, shall make application to the board of commissioners for the same, and shall deposil with the city treasurer, in advai the annual fee for such license, to be evidenced by the re- ceipt of the city treasurer indorsed "ti said application. If the boai nmissioners refuse to order the issuanci such license to the party or parties applying for the same, the sum so deposited with the city treasurer shall be re- funded to the applicant or applicant- for license without any further action of the hoard of commissionei Sec. 720. Annual license. Bond. \ny person licensed under the provisions of this ordinance -hall pa) the annual 692 license fee, and before such license shall be issued shall de- posit with the city treasurer a bond in the penal sum of $1,000. with two or more sureties, to be approved by the board of commissioners ; such bonds shall be made payable to the city, and shall be conditioned that the person apply- ing for the license will comply with this ordinance and shall pay all damages occasioned to any person by reason of any misstatement, or misrepresentation, or fraud, or deceit of anv person or persons, their agents, or employes, or from any other violation of this ordinance, in carrying on the business for which license is granted- If at any time, in the opinion of the board of commissioners, the sureties, or any of them, shall become irresponsible, the person holding such license shall, upon notice from the city treasurer, give a new bond, to be approved as hereinbefore provided. Failure to give a new bond within ten days after such notice shall operate as a revocation of such license, and the license shall be immediately returned to the city treasurer, who shall destrov the same. Licenses granted under this ordinance may be transferred by order of the board of commissioners, but before such transfer shall be authorized, the applicant or applicants for the same shall deposit with the city treas- urer the sum of $5.00. which shall be indorsed upon the application, and the person, persons, firm, corporation, or association to whom such license is transferred shall also deposit such bond as is required by the applicant or appli- cants for an original license, as hereinbefore prescribed, and t" he approved in the same manner. Sec. 721. Id. To be publicly exposed. Upon the grant- ing of a license by the Imard of commissioners, the city treasurer shall, within one week after payment of the license ' fee, issue to the applicant or applicants entitled to the same, a certificate of license setting forth the fact that such license has been granted, and it shall be the duty of all persons who may obtain such certificate of license, to keep the same 693 publicly exposed to view in a conspicuous place in their i e or place < if business. Sec. 722. Penalties for sending female help to certain places. \n\ employment agent who shall knowinglj send out any female help to any place of bad repute, house of ill-fame or assignation In •use. or to any house or place ol amusement kept for immoral purposes, shall be liable to pa) a fine of nol less than one hundred ($100.00) dollars and shall l>e imprisoned nol less than ninety days, and, on conviction thereof, in any court, shall have lu^. its or thi license i evoked. Sec. 723. Must obtain bona fide order before sending out help. \ny employment agent who shall send oul any help, male or female, without having previously obtained a bona fide order, shall, upon conviction thereof, for each and every offense, be subject to the penalties provided in Section 736 of this ordinance. Sec. 724. Unlawful to receive money or consideration until information or assistance is furnished. It shall be un- lawful fi >r an) employment agent to receive, directlj or in- directly, any monej titer valuable consideration from any person seeking employment, for any information or assistance furnished or to be furnished by said agenl to such person, enabling or tending to enable said person to secure such employment, prior to the time at which said informa- tion or assistance is actually thus furnished. Sec. 725. Id. If applicant fails to obtain information or assistance. It shall be unlawful for am employmenl agenl to retain, directly or indirectly, any money or other valuable consideration received for any information or assistance such as is described in Section 724, if the person For whom such information oi ince is furnished fails, through no neglect or laches ,,f his own, to secure the employment 694 regarding which such information or assistance is furnished ; then said money or consideration shall be by said agent forthwith returned to the payor of the same, upon demand therefor by the latter or his agent. Sec. 726. Commission limited. It shall be unlawful for any employment agent to receive as commission, directly or indirectly, for information or assistance such as described in Section 724, any money or other consideration which is in value in excess of eight per cent of the amount earned, or prospectively to be earned, by the person to whom such information is furnished, through the medium of the em- ployment regarding which such information or assistance is given, during the first month of such employment ; provided, that said value of said commission shall not be in excess of eight per cent of the amount actually prospectively to be earned in such employment when it is mutually understood by the agent and person in this section mentioned, at the time when said information or assistance is furnished, that said employment is to be for a period of less than one month. Sec. 727. Employers' register to be kept. Each employ- ment agent duly licensed under this ordinance shall enter upon a register to be kept for that purpose, and to be known as an "Employers' Register," every order received from any corporation, company or individual desiring the service of any persons seeking work or employment, the name and the address of the corporation, company or individual from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city, street and number, if any, where such work or em- ployment is to be furnished, and the wages to be paid. Sec. 728. Labor applicants' register to be kept. Each employment agent shall keep a register, to be known as "Labor Applicants' Register," which shall show the name 69S each person to whom information <>r assistance is fur- nished, a-~ is described in Section 727; and the amount of the commission received in each such case therefor; the name of each person who, having received and paid [or, herein contemplated, information or assistance such as is described in Section 724, fails to secure the employment regarding which such information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each i o whom return is made, in accordance with the provision- hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned. The registers required by this ordinance, and by this section, shall be open at all reasonable hours to the inspection of any peace officer. Sec. 729. Written copy to be furnished. Ever) person securing information or intelligence from an employment it in reference to hiring or engaging to work for Others, provided in this ordinance, shall be furnished a written copy in duplicate of the terms ^i such hire or engagement by said employment agent, showing the amount of commis- sions or fees paid such employment agent, kind of vice to be performed, rate of wages or compensation. length of time, if definite and if indefinite it should bi stated, of such service, with full name ami address of the person or persons, firm or corporation authorizing the hire of such persons; one of the aforesaid copies to he delivered it or persons, firm or corporation for whom the labor is to he performed, and the other t" he retained by the 'ti furnished with information or intelligence, a- afi -aid; and the agent i-mhii- tin- above described written cop) the conditions of service or employment shall make and keep, in a hook provided for the purpose, a third copy of the same; and any person enpaped in the busines- eping an employment office, such as is contemplated by this ordi- 696 nance, who shall fail to observe the provisions of this section, shall be subject to the penalties provided in this ordinance; provided, that it shall be lawful to keep the register required by this ordinance, and the receipt required by this section, in the same book and on one and the same form, if desired. Sec. 730. Penalty for dividing fees. Any employment agent sending out help to contractors or other employers of help, and dividing the fees herein allowed with sub-contract- ors and employers of help, or their foreman or anyone in their employ, shall be subject to the penalties provided in this ordinance. Sec. 731. Employment or intelligence office not to be kept in any place where intoxicating liquors are sold. It shall be unlawful for any employment agent to conduct the business of an employment or intelligence office in, or in connection with, any place where intoxicating liquors are si ild or dispensed. Sec. 732. False information. Penalties. If any person, persons, firm, corporation, or association, or his, its, or their agent or employes engaged in the business of employment or intelligence agent or broker, duly licensed, as provided in this ordinance, shall give any false information or shall make any misstatement, or shall make any false promises con- cerning any work or employment or occupation, or shall fail to keep the registers as are prescribed in this ordinance, or shall wilfully make any false entries in such register, or shall violate any other provisions of this ordinance, for which violation penalties are not hereinbefore provided, shall, upon conviction thereof, for each and every offense, be fined in any sum not exceeding one hundred ($100.00) dollars, and, in the discretion of the trial judge, the license under which such person, persons, firm, corporation, or as- sociation has or have been permitted to conduct the business i >i any employment or intelligence office, shall be forfeited. 697 Sec. 733. Suits. How brought. All claims or suits brought in any court against any employment or intelli- gence agent, may be brought in the name of the party in- jured upon the bond deposited with the city treasurer by said employment or intelligence agent, as provided in Sec tion 720 and may be transferred, as other claims, for dam- age in civil suits; the amount of damages claimed by the plaintiff, not the penalty named in the bond, shall be the of the jurisdiction of the court in which the action is brought. Sec. 734. Not applicable to religious or charitable asso- ciations. Nothing herein shall be construed so as to require any religious or charitable association which ma) assist in ituations or employment for persons seeking the same, to obtain a license so to do under the provisions this ordinance. Sec. 735. Certain parts of this ordinance to be conspicu- ously posted. The keeper of an employment or intelligence office shall cause two copies of this ordinance, printed in type of sufficient -i/e to be legible and easily read, to be conspicuously posted in each room used or occupied for the pttrpos,- ol such employment or intelligei ice. Sec. 736. Penalty. \n\ person violating any of the provisions of this ordinance shall, upon conviction thereof eept a- otherwise provided, he punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail riod not longer than thirtj days. The court in imposing a fine, enter as part of tin- judgment, that in default of the payment of the fine the defendant ma\ be imprisoned in the city jail for a period no ding thirty 698 CHAPTER XXIII. EXPLOSIVES AND COMBUSTIBLES. Sec. 737. Erection of magazines. It shall be unlawful t"i any person to erect or maintain any magazine for the storage of explosives within the corporate limits- Sec. 738. Permit to sell explosives. It shall be unlaw- ful for any person to keep, sell, give away or otherwise dispose of any gunpowder, giant or hercules powder, nitro- glycerine, dynamite or other explosive in any quantity, within the limits of Salt Lake City, without first making written application for, and receiving a permit from the board of commissioners so to do; provided, that any person may keep, in a canister or flask, for his own use, not to exceed six and one-quarter pounds of gunpowder. The ap- plication shall be signed by the applicant, and designate the place where he desires to sell explosives. All permits to sell explosives shall be certified by the recorder, and shall show to whom granted, and the place where explosives are permitted to be sold. The recorder shall keep a record of all such permits issued. The board of commissioners may, at any time, revoke any permit issued under the provisions of this section. Sec. 739. Gunpowder in stores. It shall be unlawful for any person within the city limits, to keep about his place of business to exceed one hundred pounds of gunpowder, and the amount so kept shall be stored in canisters and placed in a vault of construction approved by the chief of the fire department, and located at an accessible point not nearer than twenty feet to any other building, and it shall be unlawful to sell or weigh gunpowder by gas, lamp, or candle lisjht. 699 Sec. 740. High explosives not to be kept in stores, or permitted to stand in railway cars- It shall be unlawful for any person, firm, association, or corporation to store or keep giant or hercules powder, nitro-glycerine or dynamite al any place within the limits of Salt Lake City, other than in a powder magazine; and it shall be unlawful for any railroad compam to permit any car containing gunpowder, gianl or hercules powder, nitro-glycerine, dynamite or other explo sive to stand or remain on any mam. sidetrack or switch "i said company, within i li i - city for a longer period than ten minutes; provided, that a sample of giant or hercules not to exceed one pound of each, may be kept at the place of business of any person holding a permit as provided for the rage of gunpowder in Section .... Sec. 741. Giant or hercules powder caps. Manner of keeping. It shall be unlawful for any person to keep or store giant or hercules powder caps, or caps use I plode giant or hercules powder, unless they be in cases, kept separate from any kind of explosive powder; if kept in a powder magazine, they shall be in a separate vault or safe; if kept at a place of business, they shall he in a vault or safe irate and removed from all other explosives, as provided for tlie gunpowdi STORAGE OF GASOLINE AND OTHER mils. Sec. 742. Definitions. For the purpose of this ordinance, ■idard flash test" means "will not flash or emit an in flammable vapor at a less temperature than one hundred and ten ill 1 : alirenheit." Sec. 743. Permit to be obtained. It shall he unlawful ;m. gasoline, benzine, naphtha. tillate, '">r any produ troleum or hydro-carbon liquids in quantities greater than five (?) gallons, without first ining a permit from the chief of five department, ^peci- 700 fying the name of permittee, the location of the premises to be used for such storage or use, and the amount thereof desired to be used or stored ; provided, that all persons, firms, companies or corporations now conducting such a place for the above named articles shall, after the passage of this ordinance, comply with all the requirements hereinafter specified in this ordinance, governing the storage or use of an additional supply of the above named oils or liquids ; provided, however, that this section shall not apply to ordi- nary kerosene or coal oil stoves using oil of standard flash test. The chief of fire department shall furnish each appli- cant with a copy of this ordinance. Sec. 744. Flash test below 110 degrees. Quantity 5 to 300 gallons. It shall be lawful to keep or store, or permit to be kept or stored, petroleum, gasoline, benzine, naphtha, distillate, products of petroleum, or hydro-carbon liquids not of standard flash test in quantities of not more than three hundred (300) gallons, in a tank constructed of not less than No. 12 gauge galvanized steel, riveted, steel to steel joints, soldered and coated with tar or other rust- resisting materials, or in an iron tank not less than three- sixteenths (3-16) of an inch thick, riveted and caulked coated with tar or other rust-resisting- material : such tank to be placed outside the walls of any building, with its top at least four (4) feet underground and covered over with at least four (4) feet of earth- Such tank shall be filled only through a section of hose suitable for the purpose directly connected to the tank delivery wagon, which hose shall be detached from feed pipe when not in service. Oil shall be taken from Mich tank only by a pump with automatic cutoff; gravity, air or water pressure or siphon process shall not be permitted. Sec. 745. Flash test 110 degrees or higher, (a) Quan- tity under 500 gallons. Kerosene, coal oil. petroleum, dis- 7U1 dilate, products of petroleum, or hydro-carbon liquids of standard flash test, in quantities not exceeding five hundred gallons, may be kept or stored in metallic metallic tank- of not exceeding thirt) (30) gallon capai or in an underground tank as specified. Quantity over . ; ix> gallons, li shall be unlawful to keep or store, or permit to be kept or . in any building, or upon anj one premises, street, or place, in quan iitie> in excess of five hundred (500) gallons, any petroleum.. distillate, products of petroleum or hydro-carbon liquid standard flash test, except in tanks arranged as provided or in barrels or metallic cans m a one-stor) brick, stone, or concrete building, with a concrete or hollow tile roof, with no interior woodwork whatever, with all exterior openings pro- tected with wire glass not less than one-quartei i inch thick in metal frame- and sash, or with wooden tin-clad r tanks, showing their size, capacity, construction, proposed contents, location, distance from water or railroad tra and the location of all adjacent buildings, together with plans and specifications for a hrick, i reinforced con crete wall to surround -aid tank or tanks. All je tanks -hall he located a sufficient tance from railroad tracks, bulkheads, or water fronts mis. lake- or ponds to allow i li ■ ■rick or concrete wall not less than four high: and plain 45 7i 12 concrete walls must be at least thirteen (13) inches thick at top and to be reinforced with buttresses at every ten (10) feet. Plans and specifications for all walls must be approved by the chief of fire department. The reservoir funned by such walls must have a ca- pacity at least twenty (20) per cent greater than that of the tank, and there shall be no opening of any kind in said walls. Sec. 747. Oils and liquids in transit. None of the oils or liquids mentioned shall be allowed while in transit to re- main in any building in greater quantities than five (5) gal- lons, at night between the hours of sunset and sunrise, but shall be so placed outside of any building as to be readily accessible to the fire department in case of fire, at a spot determined upon by the chief of fire department. Sec. 748. Oil wagons, keeping of. It shall be unlaw- ful for any person to store, keep or permit to be stored or kept, during the day or night, within two hundred (200) feet of any house, stable or other building or structure within the city, any wagon or other vehicle used for the purpose of selling at wholesale or retail, or delivering, petroleum, gasoline or other inflammable oil; provided, that this ordinance shall not .•>pply if such wagon or vehicle shall be empty or be kept or stored in a building in all respects fireproof, according to a certificate to that effect to be given by the chief of the fire department, and filed with the city recorder of this city. Sec. 749. Fuel petroleum, or distillate, for fuel. No plant, device, or apparatus for burning crude or fuel pe- troleum, or distillate, or for generating a gas therefrom for fuel purposes, shall be constructed, located or maintained except in accordance with the following specifications: (a) The storage tank of not exceeding ten thousand ( 10,000) gallons' capacity, to be constructed of boiler iron or steel not less than three-sixteenths (3-16) of an inch in 703 thickness, the top ol same to be buried m >t less than four Feel underground, and located outside the foundations of any building. Filling pipe of not exceeding eighl (8) inches in diameter to be closed b) screw rap. The lank must be ventilated bj pipe of nol less than one (1) inch in diameter, extending at leasl ten (10) feet above the ground, and provided with a return bend. The oil to be pumped from storage tanks to burners, the suction pipe to lead through the top of the tank and to he provided with a shut- off valve near burning point independenl of any valve that is part of the burner. The storage tank must be connected with boiler by steam pipe, which can. if desired, be con nected with the overflow pipe, and should be blown out before being entered for cleaning or other purposes, but this pipe must nol be used for heating the oil in the tank. [f the oil is heated it must be done by a device outsidi the storage tank. i hi To properly clean the tank a man-hole may be provided, which, if provided, must be closed above by a hinge and locked or bolted cover, and below (at the top of the tank i by a boiler-plate cover, flanged and screwed. The -pace thus formed must l>e filled, while not used, with sacks of sand, to prevent the accumulation of gas. All storage tanks shall he surrounded with a brick or concrete wall not less than twelve (12) inches in thickness. (c) Where the sidewalk is excavated for use as a part of the basement, tank* may be placed under the sidewalk, and if -o placed shall be below the level of the flour. Such tank- shall be surrounded b) a brick or concrete wall not than twelve (12) inches thick, which wall, if the top of the tank is less than four (4) feet below the level of the floor, shall rise to a height of four < -+ > feet above the top oi the tank: the space between top of tank and basement I or top of wall -hall he filled with earth. All tanks in bi ment under the sidewalk mu-t b< i the retain- ing wall "i the il used for illuminating purposes with benzine, naphtha, gasoline or any other sub- stance: or to offer for sale any illuminating oil so mixed or adulterated: and all oils or fluids manufactured from petn , leiim or its products, to be used for illuminating pur- 705 poses, -hall be required to stand a fire lot of 11m degrees Fab iv nlii-it before they flash or emit an inflammable vapor. Sec. 754. Manufacture of explosive chemicals. It shall be unlaw fnl for any person to manufacture acids, or any com bustible or explosive chemicals, or boil or refine nils, or maintain, erect, or cause to be erected any works for the manufacture of acids or explosive chemicals, or for the boiling or refining of nils, within forty rods of any dwelling In 'use or place of business. Sec. 755. Storage of explosive substances. li shall be unlawful for any person to receive, keep, store or suffer to remain in an) place within the limits of Salt Lake City, any explosive substance, having an explosive power greater than that of ordinary gunpowder. Sec. 756. Place of storage for explosives. When to be open. It shall be unlawful for any person to open, permit or cause to be opened the place wherein the articles de- scribed in this chapter are kept stored, before sunrise or after sunset on any day; or to carry, or permit or cause to be ear- ned into or to be kept in such places, any Eire or lighl at any time. Sec. 757. Kindling fires with combustible fluids pro- hibited. It shall be unlawful for any person to use coal oil or other combustible fluid for the purpose of kindling fires, or to pour coal oil or other combustible fluid from one vessel to another al any time except during the hour- of daylight. Sec. 758. Prohibiting the carrying of fire except in covered vessels. It shall be unlawful for any person to carry cause to be carried in any house, street or lot, any burning coals or brands of fire, unless such coals or brands be in a covered vessel. 706 It shall be unlawful for any person within the limits of Salt Lake City to discharge, explode or set off any rocket, squib, firecracker, roman candle, cannon, gun, rifle, pistol, toy pistol, or any other firearm or fireworks, or com- bustible or explosive matter whatever without first obtain- ing permission of the board of commissioners, which permis- sion shall be in writing and shall specify the time when and the place where such fireworks or firearms or combustible or explosive matter may be discharged, set off. or exploded- Provided, however, that the board of commissioners may give permission for public pyrotechnical celebrations, exhibitions, or displays under safe and proper supervision, which per- mission must be in writing and must specify the time when and the place where any such celebration, exhibition, or dis- play shall be held, given or take place. It shall be unlawful for any person to sell or to offer for sale, or have in his possession or custody, any rocket, squib, firecracker, roman candle, toy pistol, fire balloon, or other combustible or explosive fireworks, or any article for the making of pyrotechnical display, without first obtaining irom the board of commissioners permission in writing to sell or offer for sale or have in his custody an}' such article. Sec. 759. Chimneys to be cleaned. It shall be the duty of the owner or occupant of every house, shop or other building, to cause the flues and chimneys thereof to be cleaned as often as may be deemed necessary by the building inspector. It shall be unlawful for any person to permit the flues of anv house, shop or other building occupied or owned by him. or of which he has control, to become foul and take fire, or lie fired. Sec. 760. Unlawful to store combustibles. It shall be unlawful for anv person to keep, store, pile or maintain, or to permit upon any premises owned or occupied by him or under his control, anv inflammable or combustible material, such as hay, straw, shavings, rags, wool, lumber. 707 boxes, barrels or other substances, in such manner as to endanger the safet) of any building or structure within the tiro limits. Sec. 761. No haystack within sixty feet. It shall be unlawful for an) person t' 1 stack or pile anj hay or straw, without having the same enclosed and protected from fly- ing sparks of fire, within sixty feet of any building in which fire is kept, situated within the limits of Salt I ak< City. Sec. 762. Movable light near hay prohibited. It shall be unlawful for an n to use any lighted candl< movable light in any place containing hay, straw or other combustible matter, except such light Ik- kept safely enclosed in a lantern or other suitable covering. Sec. 763. Prohibiting the smoking of meat, or the boil- ing of pitch, tar, rosin, turpentine or varnish within the fire limits, except in fireproof buildings. It shall be unlawful for any person, within the fire limit-- of Salt Lake City, smoke meat, boil pitch, tar, rosin, turpentine or varnish in any room or place unless such place is fireproof, and so certified by the inspector of buildings before being for such purpos Sec. 764. Burning of hay, straw, leaves and rubbish prohibited. It shall be unlawful for any person to burn, in the open air. within the fire limits of Salt Lake City, any hay. straw, leaves, rubbish or other substance. Sec. 765. Applications for licenses and permits. All applications for licenses or permits required by the pro- visions of this chapter -hall he made in writing and addressed t.> the proper officer. Sec. 766. Penalty. Any person violating any of the provisions of this ordinance --hall, upon conviction thei 708 be punished by a fine in any sum not exceeding fifty dollars, or by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter as pari of the judgment, that in default of payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty day--. 709 CHAPTER XXIV. FEES- ACCOUNTING Sec. 767. Officers. Cash books. Receipts. All elective and appointive officers shall be strictly accountable for all fees and moneys collected by or paid to them or to an) deputy or assistant in their respective departments. It shall be the duty of every officer who is authorized my fees for official services of himself or bis deputies or assistants, or of any officer or his deputies or ts who are authorized to make any collections, to keep a cash book in which shall be entered an exact and full unt in detail "i" all fees, commissions, compensations or collections of whatever nature or kind, with the date col- lected, the name of the payer anil the nature >>i the collection in each ease. All blank receipts, permits, certificates of license or other blank forms and tags and metallic plates which are intended t" facilil place a check upon tin- collection <>t" the revenue shall be subject to the approval of the city auditor, and -hall he provided by hint as directed b) the board of commissioners and remain in his custody for issuanci may be required. The city auditor -hall deliver -aid blank receipt-, per- mits, certificate- of license or other blank forms and I ami metallic plates t" the proper officer-, as may be required, and shall take receipt- therefor. \ll officer- shall be account- the city auditor, as hereinafter provided, for the blank receipts and other form- and tags and metallic plati eipts in triplicate shall be issued on form- provided by the city auditor for all fees and money- collected by or paid ifficer, deputy i int. The original receipt shall in all n to the person, firm or 710 poration making payment and the duplicates shall, at the close of each day's business, be filed with the city auditor, and the triplicate shall be retained by the officer issuing the receipt. Sec. 768. Paid into treasury. Sworn statement. Failure to comply. The head of each department where fees and moneys are or shall be collected, shall, at the close of each day's business, cover into the city treasury all fees and moneys collected by his department. He shall also prepare in triplicate, at the close of business on the last day of each and every month. 'a complete itemized statement of all fees and moneys received during the month, showing the receipt numbers and from what sources such fees and moneys were derived. One copy of the statement shall be filed with the city treasurer and one copy with the city auditor, and the head of each department shall retain a copy. The said statement shall be substantially in the follow- ing form and sworn to: "1 hereby certify that the cash book in my office contains a true statement in detail of all receipts of everv kind and nature, for official services rendered by me. my deputies and assistants, for the month of 19. . . That said cash book shows the full amount received in said month and that neither myself nor to my knowledge or belief any of my deputies or assistants have rendered any official services except for i he city, which is not fully set forth in the said cash book, and that the foregoing statement is full and correct. Subscribed and sworn to before me this, day of 19. .. It shall be the duty of the city auditor to notify the board of commissioners of each and every failure on the part of any officer, deputy or assistant to comply with any of the provisions of this chapter. r 1 1 Sec. 769. Offense. It shall be unlawful for an) pei son, being an officer, deputj or assistant of Salt Lake I uy, to neglect or refuse to comply with the provision this chapter. Sec. 770. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the citj jail for a period no1 longer than thin \ days. The court may. in imposing a fine, enter as 1 art of the judgment, that in default of the payment of the fine the defendant may he imprisoned in the city jail for a period not exceeding thirty days. 712 CHAPTER XXV. FIRE ARMS— SALE OF TO MINORS UNLAWFUL. Sec. 771. Unlawful for minors to have guns, etc. It shall be unlawful for any minor to possess or have in his cr her possession in any street, alley, lane. park. yard, or place, whether public or private, within the city limits, any gun, revolver or fire arm of any kind, or air gun, rubber ilipper, or bow and arrow or "nigger shooter." or other instrument designed to throw missiles. Sec. 772. Unlawful for parents to permit, etc. It shall be unlawful for any parent or guardian or person having the charge or control of any minor, to allow or permit such minor to have or possess or use in any place, either private or public, within the city limits, any fire arm, air gun or instru- ment designed to throw missiles. Sec. 773. Unlawful to sell fire arms to minors. It shall be unlawful for any person, firm or corporation to give or to sell or to furnish to any minor any fire arm, air gun or other instrument designed to throw missiles. Sec. 774. Liability for injuries. Any person violating any provision hereof shall be liable in damages for am- injury caused to any person by reason of such violation. Sec. 775. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter as part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 713 CHAPTER XXVI. FIRE DEPARTMENT. Sec. 776. Fire department. The fire department of Salt I ake City shall consist of the following officers, nun - ployes and agents, whose duties and compensation shall be as hereinafter specified : One chief of the fire department. i Ine assistant chief. Six captains. Six lieutenants. Five engineers. One superintendent of fire alarms i ine inspector. i mechanical operators. i tne secretary. Fifty-three firemen of three grades, to wit: First grade, ■ ■i>! grade, third grade and such other additional em- ployees as the hoard of commissioners shall from time to time authi »rize. The if commissioners shall appoint, who vacancy occurs, a competent person to the position of chief of the fire department, who shall also be inspector of st lighting Sec. 777. Chief. Oath. Bond. The chief of the fire department shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and furnish a bond to the city in the sum of five thousand dollars, conditioned as provided by law. Sec. 778. Men must be able bodied, etc. Even person who shall be appointed a member of the fire department must at the time of his appointment be an aide bodied man and 714 able to converse understandingly in the English language, also possess such other qualifications and pass such exam- inations as may be required by the rules prescribed. Sec. 779. Chief. Duties, etc. The fire department of Salt Lake City is included in the department of public safety and shall be under the direct management of the chief of the fire department except as otherwise provided by law or ordi- nance. The chief of the fire department shall consult and advise with the board of commissioners on all matters per- taining to the fire department and shall from time to time make such reports as the board of commissioners shall require. The chief of the fire department shall have sole and entire command over all officers, members and employes of the department and he shall take any measures which he shall deem necessary for the prevention and extinguishing of fires. the protection of life and property, the preservation of order and observance of the laws of the state, ordinances of the city and rules and regulations of the fire department. It shall be the duty of the chief of the fire department subject to the approval of the board of commissioners, to make and adopt such rules and regulations for the government and improvement of the department as in his judgment shall be necessary for the good of the service. It shall also be the duty of the chief of the fire department to examine into the condition of all buildings, except such as are used for private residences exclusively, and ascertain that the ordinances governing fire escapes and the storage of com- bustibles are complied with by the owners, agents or occu- pants of such buildings. He shall also inspect all fire stations, hose, apparatus and appurtenances belonging to the department. He shall also be inspector of street lights and shall ascertain the quality and number of street lamps used and giving service. He shall ex- amine and approve all statements and bills for street lighting, report any lack of service which may have occurred, and he shall generally observe and report whether or not 715 contractors are complying with the terms of their contracts for street lighting. He shall also have supervision over the inspection of boilers and smoke stacks and enforce any ordinances or regulations governing same. Sec. 780. May demolish building, when. When a fire is in progress the chief of the Fire department, or, in his ence, the officer in command, in cases of imminent and urgent public necessity may order am telegraph, telephone, electric li.L;ht. street railway or other wire or poles in close proximity thereto to be cut, taken down or otherwise dis posed of and under like circumstances may also order any building or other combustible structure to be razed <>r demol- ished to prevent the spreading of an existing conflagration, but neither tlte chief of the fire department nor an\ other officer or member shall unnecessarily or recklessly destroy or injure am building, house or other property. Sec. 781. May blockade streets, etc. Whenever a fire shall occur it shall be lawful for the chief of the department "r the officer in command t" blockade any street, avenue, alley, sidewalk or other place if. in his judgment, it is neces sin t" insure the efficient working nf the men. hose, engines or hook and laddei apparatus under his command and to pro- tect the lu's, ,) department from injury. He is hereby authorized ti> request of the police department a detail <>t patrolmen sufficient, in Ins judgment, therefor, who for the time being shall act under the instructions of the chief of the fire department or officer in command. It shall lie unlawful for au\ person to break through or attempt !■• break through the blockade mentioned in this section or at any time in run over "r attempt t" run over the hose of the fire department with an omnibus, wagon, street car. railroad car. locomotive, tender or an\ cart, dray, buj carriage, automobile, hack, hacknej coach or any other kind .■f \ elude. 716 Sec. 782. Fire apparatus to have right of way, when. Auto fire engines, department automobiles, fire engines, chemical engines, hose wagons, hook and ladder trucks or wagons and other movable apparatus of the fire de- partment shall have the right of way over all other vehicles while passing through all streets, avenues and alleys when answering an alarm of fire. \\ hen any auto fire engines. department automobiles, fire engines, hose wagons, hook and ladder trucks or wagons ami other movable apparatus of the fire department, while going to a lire or answering an alarm of fire shall come up with or close to a car upon any street railroad track, it shall Lie the duty of the driver of every such car or person in charge thereof to cause such car to come to a full stop and so remain until such auto fire engines, department automobiles, fire engines, hose wagons, hook and ladder trucks or wagons and other movable apparatus of the fire department has fully passed or has come to a full stop. Sec. 783. Unlawful to interfere with fire apparatus, ft shall be unlawful for any person driving or having charge of any vehicle or animal to permit the same to ob- struct, impede or otherwise interfere with the progress or working of any such auto fire engines department auto- mobiles, fire engines, hose wagons, hook and ladder trucks or wagons and other movable apparatus of the fire depart- ment while the same is going to or remaining at a fire. It shall lie unlawful for any person to cut. mark or other- wise deface any property of the fire department. Sec. 784. Firemen at theatres, etc. The chief of the fire department shall have the power to assign to duty one or more firemen upon the stage of any theatre, public hall, lec- ture room or other place where large audiences are assembled ; such firemen on duty shall have the power to prohibit smok- ing, careless handling of torches, red fire, electric light appar- atus, gas jets or any combustible material, ft shall further be 717 the 'hi t \ of such firemen to prohibit the storagi nery, stage furniture, baggage or other properties in such manner as will interfere with the apparatus used for the extinguish- ment of fires, li shall be the duty of the owner, agent, occu- pant or lessee of all theatres to admit members of the fire department through the stage entrance of such theatres when assigned to duty h\ the chief of the fire department. Sec. 785. Chief to prescribe rules. It shall be the duty of the chief of the fire department, subjeel to the appi of the hoard of commissioners, to make such rule- and n lations as may be necessary for the prevention 'of fire in theatres and other places of amusement, lie may also require the owners, agents, lessees or occupants to provide such ap- paratus as he may deem suitable and necessary and to require thai samt be placed al specified points in such theatres and oilier place- of amusement. Such rules and regulations shall printed and posted in al least two conspicuous places on the stage and it shall be unlawful for any person to remove or deface the same. Sec. 786. Unlawful to interfere with apparatus. It shall be unlawful for an) person to break, destroy or in any man- ner interfere with an\ electrical fire alarm register or any wire, pole or apparatus connected therewith or to knowing- ly send any false alarm from, through or over such bo apparatus, or through or by a telephone or messenger ser- vice box. Sec. 787. Records to be kept. The chief or, in his absence, his assistant in charge of any fire, shall, after i extinguished, make a prompt and thorough investigation of the cause of the fire, the amount of the loss and insurance, time of breaking out, description of the building and all other necessary particulars, and record the same in a record b kept for that purpose in the office of the department. 46 718 Sec. 788. Appointment of subordinates. The chief of the fire department shall recommend to the board of commissioners of Salt Lake City for appointment all subordinate officers, employes, men or agents in his department and, in like manner, fill all vacancies in the same. Upon the recommendation of the chief of the fire department, the board of commissioners of Salt Lake City may at any time remove any subordinate officer, employe, man or agent, without cause and without charges being preferred and without trial, hearing or opportunity to be heard whenever, in his opinion, the good of the service will be subserved thereby and such action shall be final and conclusive and shall not be reversed or called in question before any court. The city recorder shall forth- with notify in writing the removed person of said removal and it shall not be necessary to state any cause for such removal, and from the time of the notification, the person so removed shall not in any case be entitled to any salary or compensation whatsoever. The chief of the fire depart- ment may, by and with the advice and consent of or sub- sequent ratification of the board of commissioners, employ, on probation, to fill existing vacancies, at the salary re- ceived by third grade firemen, such men as he may deem competent for service in the fire department; provided, that in no case shall such probationary employment exceed fifteen days, nor shall the number of men regularly or otherwise appointed or employed exceed at any time the total number authorized by ordinance. Tn the event of the dismissal or discharge of such probationers by the chief, no notice of any kind shall be necessary to terminate such employment. Sec. 789. Removal of chief. The chief of the fire de- partment may at any time be removed without cause and without charges being preferred and without trial, hearing or opportunity to be heard by the board of commissioners of Salt Lake City when, in their opinion, the good of the service 719 will Ik- subserved thereby. The action oi the board of com missioners of Salt Lake ( it) in so removing the chief of the fire department shall be final and conclusive, and shall not be reviewed or called in question befon an] court. 1 V city recorder shall forthwith notify in writing the removed chief of his removal and it shall not be necessary to state an) cause for such removal and from the time of such notification the person so removed shall nol in an) case be entitled to any salary or compensation whatever. Sec. 790. Suspension of subordinates. The chief of the fire department may at any time suspend any subo nate officer, employe, man or agenl employed therein when, in his judgment, the good of the service demands such sus- pension, foi a period of time not exceeding fifteen days. and. during the time of such suspension, the person or persons so suspended shall not be entitled to any salary or compensation whatsoever. Whenever tlte chief of the fire department shall suspend any subordinate officer, fireman or member of the department, he shall report the same immediately to the city recorder, city auditor and board of commissioners. Sec 791. Fire limits. The following are hereby estab lished as the fire limits of Salt Lake City, to wit: Districl No. 1. Commencing at the northwest corner of Third East and Fourth South streets; thence running wesl along the north side of Fourth South street to the ea-t side of Second West street: thence north along- the side of Second West street to the South side of North Temple street; thence east along the south side of North Temple street to the wesl side of State street; thence south along the west side of State street to the south side of South Temple street; thence east along the south side South Temple street to the Third East street : thence south along the west side of Third 1 the place of beginning, the said district No. 1. including all of blocks 49 to 60. both inclusive, all of bl 78, both 72C inclusive, and all of blocks 85 to 88, both inclusive, all in plat "A." District No. 2. Commencing at the southwest corner of Third East and Fourth South streets : thence running west along the south side of Fourth South street to the west side of Second West street: thence north along the west side of Second West street to the south side of North Tem- ple street; thence west along the south side of North pie street to a point 165 feet west of the west side of Fifth West street; thence south along a line 165 feet west of Fifth West street to the north side of Fifth South street; thence east along the north side of Fifth South street to the west side of Third East street : thence north along the west side of Third East street to the place of beginning, said district No. 2, including blocks 37 to 48, both inclusive, blocks 61 to 66, both inclusive, and blocks 79 to 84, both inclusive, all in plat "A," and the east 165 feet of blocks 25, 36, 37, 48, 40 and 60 in plat "C :" provided, that repairs or additions to residences or dwelling houses in district No. 2 may be of the same maferial as that in the present structure and the said residences or dwelling houses may be erected or maintained with shingle roofs. Sec. 792. Compensation. Grading, etc. The officers, employes, men and agents of the fire department shall re- ceive yearlv salaries payable monthly as are the salaries of other citv officers in the amount as follows : Chief of department $2,400.00 Assistant chief 1,440.00 Captains .'. 1,140.00 Lieutenants 1 .080.00 Engineers 1,080.00 Superintendent of fire and police alarm 1.200.00 Inspector 1.080.00 Mechanical operators 1.080.00 Secretary 1 .080.00 72] Firemen of the first grade l,02i Firemen of the second grade 960.00 Firemen of the third grade 1.00 Firemen without previous experience shall be appointed only t" the third grade and may be promoted to the se< grade upon recommendation of the chief of the department after service of three month- in the fire department. men of the second grade may be promoted to the firsl grade upon recommendation of the chief of the department after service of three months in the second grade; provided, however, that the chief ui the department may recommend for appointment into either the first and second grade applicants who have had sufficient previous experience in fire department work to entitle them to appointment in those grades. No member of the fire department shall be allowed pay for any period during which he may have been absent from duty, unless such absence resulted from sickness or disability contracted or received in the discharge of his duty and incident to the service. No member of the fire department shall receive any fee or an\ isation what- ever, directly or indirectly, from a city, county or state for any service rendered or act done by such member of the fire department other than the salary provided for bj ordinance, except witness fees in superior courts, nor shall any member of the fire department receive any money or pensation whatever, directly or indirectly, from any person, for any service rendered, to be rendered oi done other than the -alary provided bj ordinance; provided, that a gift or reward may be accepted by a mem- if the fire department only upon the written reci mendation of the chief of the fire department and approved ! of commissioners. Sec. 793. Penalty. Any person violating any of the pro- visions of this ordinance, shall upon conviction thereof, be punished by a fine in any sum not exceeding Fift\ I >■ >1 lar> 722 or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment^ that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. CHAPTER XXVII. I [RE M \USII \1 Sec. 794. Office created. Thai there is hereby created the office of fire marshal of Sail Lake City, which office shall be held and the duties thereof performed bj the chief of the fire department of Salt Lake City, who shall be e\ officio fire marshal, but who shall receive m> com- pensation therefor other than his salary as chief of the fire department. Sec. 795. Deputy fire marshals. The fire marshal shall have the power to appoint deputies subject to confirmation 1>\ the board of commissioners who shall receive no i pensation or allowance of an) kind from th< city, and who may act in the place and stead of the Eire marshal subject to suspension In the fire marshal and removal by the board of commissioners Sec. 796. Duty of fire marshal. It shall be the duty of the fire marshal, by himself or deputy, to attend to the enforcement of the provisions of this ordinance and all other ordinances pertaining to the protection Of the city from fire. Sec. 797. Right to enter upon premises. The lire marshal, or his deputies, shall have the righl to enter upon any premises at all reasonable lu>urs for the pur| inspecting the same. Sec. 798. Deposit of ashes. li shall he unlawful for any person or persons to deposit any ashi the same to he dep r placed, or to permit or suffer the same to In- or remain in any wooden vessel or receptacle. 724 or any vessel or receptacle composed or made of combustible material : but said ashes shall be placed and kept in some safe repository or receptacle of galvanized iron, or other incombustible material, and not less than two inches from any woodwork or structure, or deposited on the ground not less than ten feet from any wood building or structure, or from any wooden fences, lumber, wood, hay, straw, or combustible material whatever. Portable receptacles shall have a clear air space of not less than two (2) inches below the bottom thereof. No combustible material shall be placed in receptacle for ashes. Sec. 799. Deposit or removal of combustible waste. Any person in the city of Salt Lake making, using or having m charge or control of shavings, hay. straw, bags, litter or any other combustible waste material or fragments, shall at the close of each day cause the same to be securely disposed of or removed, so as to be safe from fire. Sec. 800. Receptacle for waste. All receptacles for wa^te. rags, paper, and other substances liable by spontane- ous combustion or otherwise to cause fire, must be made of incombustible material, and if possible, must have a clear air space of not less than two (2) inches below the bottom. Sec. 801. Combustibles on roofs, in yards or lots. It shall be unlawful for any person to allow or permit to remain upon any roof, or in any yard, or on any vacant lot, in the City of Salt Lake, any accumulation of paper, hay, moss, or any other inflammable or combustible rubbish or waste material of any description. Sec. 802. Storage of explosives. No explosives or inflammable compound or combustible material of any kind shall be kept, stored, placed or used near any doorway or stairway of any building, in such place or manner as to obstruct or render egress hazardous in case of fire. Sec. 803. Dangerous structures. Notice to make safe. Whenever in the judgmenl of the fire marshal, any building structure, or any portion thereof, or anj appurtenances or fixtures thereto, or an\ chimney, smokestack, i. furnace or thing connected with such building or deemed defective or unsafe as to fire, the said fire marshal, or his deputy, shall give the owner, or person having control of said property, five (5) days' notio required changes, alterations, or repairs necessar) I the same safe to life and property from fire, and any person refusing or neglecting to comply with said notice shall 1" he penalties provided for in this ordinance. Sec. 804. Unoccupied buildings. Whenever any un- building is not properly secured or enclosed, the fire marshal, or his deputies, shall immediately visil the premises and notify the owner, or person having control of the same, to forthwith secure or enclose the same, and the person so notified as aforesaid shall, within fort) eight hour-, ■ply therewith. Sec. 805. Fires outside buildings. It shall be unlawful for anj person to start, or cause to be started, any fire any building, inside the fire limits, for the purp burning any refuse matter, or any brush, logs, stumps. Sec. 806. Penalty. Am person violating any of the ns of this ordinance .-hall, upon conviction thereof. he punished by a fine in any sum not exceeding Fift) Hollars or by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enti part of the judgment, that in default of the payment of the fine the defendant may lie imprisoned in the city tail I ling thirty ,' 726 CHAPTER XXVIII. FRANCHISES AND SPECIAL PRIVILEGES. Sec. 807. Application. Copies. Fees. Whenever appli- cation shall be made to the board of commissioners of Salt Lake City for a franchise or grant of special privileges, or for an extension or renewal of any existing franchise or grant of special privilege, the applicant shall furnish to the city recorder, for the use of the board of commissioners, ten copies of the proposed resolution or ordinance, and pay into the city treasury a fee of two hundred dollars. Sec. 808. Non-assignable. All franchises and grant- of special privileges shall be deemed to be non-assignable with- out the express permission of the board of commissioners, whether such limitation is set forth in the body of the fran- chise or grant or not. Sec. 809. .Manner of assignment. All assignments of franchises and special grants must be in writing, and a copy thereof filed in the office of the city recorder before anv assignment or transfer will be recognized by Salt Lake City. Sec. 810. Forfeiture. Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this chapter shall operate as a forfeiture of all the rights of the grantee therein given. 727 CHAPTER XXIX. GAMBLING AND GAMING. Sec 811. Gambling. All gambling and gaming of every kind and description, by playing at cards, dice, far... roulette, keno, poker, slot machines, devices known as trade- machines, or any like machines <>r devices by whatever name known, ■ >r any contrivance or device by or with which money, merchandise or any thing of value may he staked, bet, haz- arded, won >>r lost, upon chance, or at any other garni scheme of chance whatever, and by betting on the resul horse rare-, or on the result of any contest of skill or en durance of men or animals by means of 1 k-making, pool turf exchanges or other devices, for mone) or other property or thing of value within Salt Lake City, is hereby declared to be unlawful. Sec. 812. Unlawful to play at, keep or operate, etc. It shall be unlawful for any person to play, stake, wager, or bet any money, property or thing of value at any game. scheme or device by this ordinance prohibited, or to own, con- duct, keep or carry on any such game, scheme or device, either as owner, dealer, operator, agent or empli Sec. 813. Unlawful to wager, etc. It shall be unlawful tor any person to bet or wager money or any tiling of value on the result of any horse race or races, or on the result of any test of skill or endurance of men or animals by means ol book-making, pi ither devices, in any place commonly known a- a turf exchange, or where pool selling or 1" making for the purpose of enabling bet- and wagers for money or things of value on such races or be made, had or received, is conducted and carried on. 728 Sec. 814. Unlawful to keep or maintain gambling house. It shall be unlawful for any person to conduct, keep or main- tain a house, building, room or other place where any of the games or schemes herein prohibited are carried on, conducted or operated. It shall be unlawful for any person to knowingly permit or suffer any of the games or schemes herein declared unlawful to be carried on. or kept, maintained or operated in any house, building, room or other place owned by him in whole or in part, or by him let or leased to any other person. Sec. 815. Unlawful to keep, etc., pool rooms, etc. It shall be unlawful for any person to conduct, keep, carry on, or maintain, by himself or his agents or employes, any turf exchange, pool room, or other place, by whatever name known, where bets or wagers on the result of any horse race, wherever run, or of any contest of skill or endurance of men or animals, wherever made or had, are. or may be made, received or paid. Sec. 816. Unlawful to keep, etc., slot machines, etc. It shall be unlawful for any person to keep or maintain any slot machine, or trade machine, or any like machine or device, for the purpose of suffering or permitting other persons to play at or with the same for money or anything of value. Sec. 817. Unlawful to keep, rent, etc., gambling ma- chines. It shall be unlawful for any person, either as owner, lessee, agent, employe, mortgagee, or otherwise, to operate, keep, maintain, rent, use or conduct, within the City of Salt Lake, any clock, tape, slot, trades, or card machine, or any other machine, contrivance or device upon which money is staked or hazarded upon chance, or into which money is paid, deposited or played, upon chance, or. upon the result of the action of which, money or any commodity or merchandise, or any other article or thing of value is staked, bet. hazarded, won or lost upon chance. Sec. 818. Unlawful to maintain, etc., gambling de- vices. It shall be unlawful for any person, either as I'wiu-r, lessee, agent, employe, mortgagee or otherwise, to operate, keep, maintain, rent, use or conduct within the City of Salt Lake, any machine, contrivance, appliance or mechanical device, upon the result of the action of which money or -any commodity, merchandise or other valuable thing is staked or hazarded, and which is operated or played by placing or depositing therein any emu-., substitutes For coins, checks, slugs, balls, or other article or device, or in any other manner, and by means of the action win as a re- sult of the operation of which, any merchandise, money, rep- resentative op article of value, check, or token redeemable in, or exchangeable for money, or any other thing of value is won or lost, or taken from or obtained from such machine, when the result of the action or operation of such machine, i nance, appliance, or mechanical device, i-- dependent Dpi 'ii hazard or chance. Sec. 819. That testimony incriminates no excuse. No person shall he excused from attending and testifying, or from producing l>ook-. papers and documents I" ourt having jurisdiction of the offenses herein defined, upon the ground, or for the reason that the testimony lence, documentary or otherwise, required of him may tend to in- criminate him or subject him to a penally or forfeiture, no person •-hall I cuted or subjected to any penalty forfeiture on account of any prosecution, matter or thin^ con- cerning which he may produce evideni ntary or otherwise, before any court as aforesaid. Sec. 820. Penalty. Any person violating any of the • shall, upon conviction thereof. unished l>v a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not than thirty days. The court may. in imposing a fine, cut' >t of the judgment, that in default of the payment of the fine ;h>- defendant may he imprisoned in the city jail for a ling thirty flays. 730 CHAPTER XXX. HUMANE OFFICER. Sec. 821. Office created. There is hereby created the office of humane officer. Sec. 822. Salary. The humane officer shall be appointed by the board of commissioners and shall receive a salary of twelve hundred dollars per annum payable monthly as are the salaries of other city officers. Sec. 823. Oath. Bond. Before entering upon the duties of his office, the humane officer shall take and subscribe the constitutional oath of office and give bond in the sum of two thousand dollars conditioned as provided by law. Sec. 824. Powers and duties. The humane officer shall have police powers, and may make arrests for the violation of any city ordinance. He shall be a special police officer and in the police department of Salt Lake City, Utah, under the chief of police. It shall be his duty to arrest any and all violators of any ordinance against cruelty to animals, to kill all permanently disabled animals, and to supervise the killing of all unregistered and impounded dogs, and all fierce, dangerous and vicious dogs, as provided by law and ordinance. The humane officer shall not be regarded as one of the quota of regular police officers, but as a special officer appointed for humane work. 731 CHAPTER XXXI. [NT( IXICATING LIQU< >RS. Sec. 825. Business district. Thai the following terri- tory in Salt Lake City, Utah, be, and the same is hereb) iblished as a business district within which license to sell ideating liquor may be effective, to wit: Beginning at Third Wesl and the south side of X.irtli street; thence cast to cast side of State street; th< south to First avenue; thence south to twenty rods south of Fifth South street: thence west to Firsl Wesl street; thence north to Fourth South street; thence west to tweny rods wesl of Sixth Wesi street; thence north to the north side of First South street; thence easl to Third West street: thence north the place of beginning. Sec. 826. License amounts. That the following amounts shall be and are hereby established as the annual licensi be paid for the sale or other disposition of intoxicating liquors in Salt Lake City, excluding cosl and expense incident to applicatii in for license : Retail dealer $1,500.00 Wholesale dealer 400.00 Distiller 1,000.00 Druggist or pharmacist 400.00 Clubs 400.00 Brewers, operating a brewery with an annual capacity nol ■ " barrels -t Brewers, operating a brewery with an annual icity over 5,000 barrels and nol ding 750.00 With an annual capacity over 25,000 barrels, and eeding 50,000 barrels 1.000 • With an annual capacity of 1,000 barrels, and i.r : o With an annual capacity over 75.000 barrels ... 2,000.00 732 CHAPTER XXXII. LAW DEPARTMENT. Sec. 829. There is hereby established a law department as one of the branches of the administration of the municipal affairs of Salt Lake City. Sec. 830. Creation of offices. There is hereby created the offices of corporation counsel, city attorney, assistant city attorney and second assistant city attorney. Each of said offices shall be filled by appointment by the board of com- missioners. Sec. 831. Duties. The law department of Salt Lake * ity shall comprise the offices of corporation counsel, city attorney, assistant city attorney and second assistant attor- ney. The law department shall have charge of all legal matters pertaining to the city's rights, obligations, property, property rights, administration, officers and agents ; it shall also have charge, in the city's behalf, of all litigation to which the city is a party. Should any of said officers have personal knowledge of any violation of a city ordinance, or receive reliable information of any such violation, he -diall im- mediately institute the necessary steps to bring the offender to punishment. Sec. 832. Corporation counsel. Duties. The corpora- tion counsel, or in his absence, the city attorney, shall attend the meetings of the board of commissioners; but such attend- ance upon any given meeting may be waived by the board at its election, lie shall advise and counsel the board of com- missioners and the members thereof, and all other officers of the city, upon such questions of law pertaining to the business, property and all affairs of the city as may from time to time 733 arise. He, or the city attorney, subjecl to his direction, shall secute and defend in all courts all actions on b >1 the city, and defend in all actions against anj officer or agenl of the city on account of official acts; he shall take appeals or sue out writs of error on behalf of the citj or any officer as aforesaid, with the consent and approval of the hoard of commissioners; and cither he or the citj attorney may make the necessary affidavits and verifications on behalf of the city in any and all proceedings. He shall draft all ordinances, and shall prepare all legal documents required in the transaction of the city's business. The poration counsel shall be the head of the legal nent, and have charge and direction then In the absence of, or during the disability of th< coi poration counsel, the city attorne) shall exercise all func- tions and powers of the corporation counsel. Sec. 833. City Attorney. Assistants' duties. The city irney and assistant city attorneys shall aid thi ition ■;sel in all matters pertaining to the city's legal business, as required, and shall conduct such litigation and attend to such legal matters in behalf of the city and its officer- a- the poration counsel or the hoard of commissioners may require. Sec. 834. Records. Dockets. The legal department shall keep a record showing all claims placed with it or its For collection, all moneys received by it on accoun the city, and all payments made by it to the city r. It shall also krep a docket in which it shall keep a r< pending ami the proceedings had then Sec. 835. Reports. Settlements. The corporation coun- shall on or before the 5th day of each and every month. • tier if required, settle with the city auditor and pay to the city treasurer all moneys in the hands the legal department belonging to the city. He shall report quarterly, or oftener if required, to the board 47 734 missioners, the condition of the business in the legal depart- ment. Sec. 836. Compensation. The compensation of the cor- poration counsel shall be forty-five hundred dollars per an- num; the compensation of the city attorney shall be three thousand dollars per annum ; the compensation of the assistant city attorney shall be twenty-four hundred dollars per an- num ; the compensation of the second assistant city attorney shall be fifteen hundred dollars per annum ; said salaries shall be payable monthly, as are the salaries of other city officers. Sec. 837. Oaths. Bonds. Before assuming the duties of their respective offices, each of said officers shall take and subscribe the constitutional oath of office, and shall furnish bonds to the city — the corporation counsel, in the sum of four thousand dollars, the city attorney in the sum of four thousand dollars, and each of the assistant city attorneys in the sum of two thousand dollars. Sec. 838. Stenographer. Appointment. Salary. The board of commissioners shall employ a suitable person as stenographer at a salary of nine hundred dollars per annum, payable monthly, as are the salaries of other citv employes. 735 CHAPTER XXXIII. LICENSl S Sec. 839. Unlawful to transact business without a license. Ii shall be unlawful for any person to engage in or carry on any business, trade, profession or calling, for the transaction or carrying on of which a license is required. without first taking out or procuring the license required for such business, trade, profession or calling. Sec. 840. City auditor ex officio assessor of license taxes. Appointments. Duties. The city auditor shall 1" ex officio assessor of license taxes. He may recommend f> n the 31st day of December of each year, r, that when an application is made after the 1-t day of January of each year the licensee -hall be required i>> make payment only For the unexpired portion of the year, and, if the application i- approved, the licei shall ted for such unexpired portion of the year. 1 lie ill keep thin- separate assessment rolls, viz., liquor license roll, merchants' license roll and miscellam license roll, and -hall also keep a suitable index containing 736 the names of all licensees. The names of the liquor licensees shall be arranged alphabetically in the liquor roll ; the names of the merchant licensees shall be arranged alpha- betically in the merchants' license roll, and the names of each class of miscellaneous licensees shall be arranged alphabetically in the miscellaneous license roll. ( )n or before the first day of January of each year the assessor must complete his assessment rolls. He must take and subscribe an affidavit to the assessment rolls to be sub- stantially as follows : "I , assessor of license taxes of Salt Lake City, do swear that before the first day of January, 19...., I made diligent inquiry and examination to ascertain the names of all persons, firms and corporations within the city subject to assessment for license; that the persons, firms and corporations have been assessed on the assessment rolls in accordance with the rates established by the ordinances, to the best of my judgment, information and belief; that f have faithfully complied with all the duties imposed upon me under this ordinance, and that I have not imposed any unjust assessments through malice. error or otherwise, or allowed anyone to escape a just and equal assessment through favor, reward or otherwise."' Failure to take or subscribe such affidavit, or any affidavit will not in any manner affect the validity of the assessment. Sec. 841. Applications. Bill for license. Payment of license. Who authorized to receive payment. Enforcement of collection. All applications for license, except liquor license, shall be made in writing to the assessor of license taxes. All certificates of license, except certificates of liquor license, shall be signed by the mayor and attested by the city recorder under the seal of the city. The application shall show: 1. The name of the person, firm or corporation desiring a license. 737 2. The kind o ed, stating the busii calling, trade or profession to be performed, practiced or carried on. 3. The class of license desired, if such license-, are divided into class 4- The place where such business, calling, profession is to be carried on, giving the street number, if such business, calling, trade or profession is to be carried on in any building or enclosure. 5. The period of time for which such license is desired to be issued. 6. The application shall also state any other matter or thing required by ordinance or statute. The applications, with accompanying statements and bonds, shall be numbered by the assessor i nse taxes in the order in which they appear in the respective license rolls, aiul, after numbering, the bonds shall be filed in the office of the city recorder, and the applications shall be filed in the office of the assessor in the order in which they are recorded in the assessment rolls. Each application shall hear the assessment roll number and a separate shall be used for the applications recorded in each roll. After the licensee has made application for a license, as provided by the ordinances, the assessor shall furnish to the licensee either personally, by mail, or leave at his usual business, a hill showing the amount assessed. No officer ; deputy, assistant or employe, except the city treasurer. ithorized to receive payment for any license, and the city treasurer is authorized to receive such payment only when accompanied by the hill from the assessor, as herein ided. If any person, firm or corporation neglects, fails or ri pa\ the amount assessed when it becomes due, the . -hall proceed to enforce collection a- provided rdinance. Sec. 842. Contents of certificate. Certificates to be posted- Certificates to be shown police officers and in- 738 spectors. Assignment. Every certificate of license issued shall bear upon its face: 1. The name of the person, firm or corporation to whom such certificate has been issued. 2. The amount paid to the city treasurer. 3. The kind of license and the class of such license, if such licenses are divided into classes. 4. The term of the license with commencing date, and the date of its expiration. 5. The place where such business, calling, trade or pro- fession is to be carried on- Every certificate of license issued shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the store or place in which such licensed business, calling, trade or profession is carried on, so that the same may be easily seen, and when such certifi- cate of license shall have expired it shall be removed by the licensee from such place in which it has been posted, and nc certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room, store, office or place of business after the period of such certificate of license has expired. It shall be the duty "t each and every person, firm or corporation to whom a certificate of license has been issued to show the same at any proper time when requested so to do by any police officer or license inspector. No license granted or issued under any of the provisions of this chapter, or otherwise, shall be in any manner assignable or transferable, or authorize any person, firm or corporation other than is there- in mentioned or named, to do business, or authorize any other business, calling, trade or profession than is therein mentioned or named, to be done or transacted, or the busi- ness, calling, trade or profession therein mentioned or named to be done or transacted, at any place other than is therein mentioned or named, unless by permission of the board of commissioners. 739 Sec. 843. Half-yearly certificates ot license. \ license [or any business, calling, trade or profession for which a yearly license is required may be issued for a term of >i\ months upon the payment of ten (10) per cent additional upon one half of the amounl of the yearly license. Provided, thai when an application is madi al ei the Isl day fuly of each year, and the application is approved by the assessor, the licensee shall be required to make pay- ment only for the unexpired portion of such half-yearl) period and the certificate of license shall be for such period. Sec. 844. Auctioneers. License. Bond. Sec. 15. Sec. 845. Banker and Broker. (See Merchant.) Sec. 846. Automobile garages. It shall be unlaw ml for any person to engage in the business of keeping, con- ducting, managing or operating an automobile garage within Lake City, Utah, without first obtaining a licensi to do. Ml persons required to pa) a license under the pro- visions of this ordinance, shall pay to Salt Lake City an- nually, in advance, the sum of fifty ($50.00) dollars. For the purpose of this ordinance, an automobile garage shall be deemed to be any place or establishment where automobiles or self-propelled vehicles are cleaned, charged, housed or kepi in order, and win made tor such service. Sec. 847. Billiard, pool tables, etc. It shall be unlawful for any person to engage in the business of . or maintain for public use or hire, any billiard tabli iny pin or Kali alley, or nine-pin alley or ten-pin in or on which .ire played, without first obtaining a licensi that no license shall tintain ^r operate for public use or 740 games hereinbefore mentioned, without the boundaries of the district following : The south side ai North Temple street, the south side of Fifth South street, the east side of Second East street, and the west side of Sixth West street. Sec. 848. Application. Amount. All applications for license contemplated by the preceding section shall state the number and kind of tables, pin or ball alleys, or nine or ten-pin alleys to be licensed, and the place of keeping the same. Upon the filing of such application, and upon payment into the city treasury of twelve ($12.00) dollars per annum in advance for each billiard or pool table and twent) ($20.00) dollars for each pin or ball alley or nine or ten-pin alley specified in -aid application, yearly licenses may be issued thereon. Sec. 849. Boarding house keeper. Regulations. Any person who shall rent rooms furnished or unfurnished and board the occupants of such rooms, or shall furnish board without room, shall be deemed a boarding house-keeper, and said place a boarding house. Every boarding house keeper shall, with In- application for a license, make a statement under oath, showing the location of the house, the number of rooms contained in such house, and the number of persons which such house will accommodate with is and board, and with board without rooms. The application for such license and -aid statement -hall be filed with the city recorder of Salt Lake City, and be presented i" the board of commissioners of said city at the next regular meeting. Such application shall by said board be referred to the chief xi police of said city, who shall within five days after such reference report to -aid board the general reputation ^i the keeper i>i said boarding house, and of the people who reside therein, or board thereat, and whether or not said keeper or any one residing or boarding there has a United State government license or permit to any kind of liquor at sai<: and ther any spirituous, vinous, fermented or malt liquor is •.ny place connected therewith, by the keeper then any per- therein. and whether or r has been ducted in a quiet, lawful and peacable manner, and as to any id l>oard should :. with the recommendation of -aid chief :e as ich application for a license Where- said 1. "inniis- hall act on said applica- tion in regard to granting or denying the same, as it shall deem just and proper. It is also hereby made the the police department, after a license has been granted to investigate, examine and inspect any place licensed as a boarding house in regard to the matters herein!" :ed. and if it shall appear from such amination and inspection that the general reputation of the keeper of such hoarding lb any i 'iie 'inp therein or boarding thereat, is bad. or that said - any person res arding in such boar is a I'nited States government licer. sell if any kind of liquor at said place, or that any I 'is. fermented or malt liquor has •.nting of said application sold or kept for sale in r any place connected therewith, by the k< then iny person residing therein, or that said h icted in a quiet, lawful or peaceable manner, then said department shall at once report the facts in rt . lie boar.': missionei .It Lake . which Koard shall take such action in r< . the ill deem ghl The yearly -hall 1" - fift< nd not ■ 742 For houses containing rooms sufficient to accommo- date over five and less than fifteen persons $10.00 For houses containing rooms sufficient to accommo- date five persons and less 5.00 For each person said boarding house is capable of accommodating with board without room, 25c. All houses containing rooms sufficient to accommodate over twenty persons, shall be deemed a hotel. Sec. 850. Circuses. Menagerie. It shall be unlawful for any person, either as owner, manager, agent, employe or performer, to open, carry on, exhibit or take part in any circus or menagerie, circus and menagerie combined, or wild west show, or any sideshow connected therewith, unless a license for such circus or menagerie, circus and menagerie combined, wild west show or sideshow, has been first procured, and payment therefor made into the city treasury as follows : Circus or menagerie, or circus and menagerie com- bined, or wild west show, including sideshows. for the first day $200.00 For each additional day 300.00 ( >ne-ring circus, for the first day 75.00 For the second day :>0.00 Each additional day thereafter 100.00 Each sideshow, with one-ring circus, for the first day 25.00 For each additional day 4X1.00 Sec. 851. Civil actions. In all cases where by ordi- nance of this city it is provided that a license from this city shall be obtained to carry on or engage in any business, 743 i pat ion or calling within this city, and the amoun l>c paid for siu-h license is fixed by such ordinance, and said amount shall nol have been paid at the time, or in the manner in said ordinance provided, a civil action may be brought in the name of Salt Lake Cit) against the person, firm or corporation failing to paj mu-1i license, in any courl of this state having jurisdiction of such action, ver tlu- amount of the same. And in any case where several or divers amounts of license as fixed by such ordi nance shall remain due and unpaid by any such person, firm or corporation, such several amounts of unpaid license may !><■ joined as separate causes of action in the same complaint in such civil actions. The provisions of this ordinance shall apply to unpaid licenses which have become due before the passage of this linance. Nothing in this ordinance shall be construed to prevent or in any manner interfere with the enforcement of any penalty provision contained in any ordinance of this city. Sec. 852. Collection agency. It shall be unlawful for any persi 'ii to engage in the business of or conduct or opera collection agenc) claims or lulls as a business for hire, profit or upon percentage basis, within Salt Lake City, without firs 'ring a license so to do. All persons required to pay a license under the pro- \isi,,ns of this ordinance shall pay to Salt Lake City annually in advance the sum of one hundred for such license Sec. 853. Contracting electrician. It shall be unlawful for any person to engage in, commence or carry "ii the b ■ a contracting electrician without fit said license may bi an application with the r of license taxes and the nent inti Miry in advance of thr sum of lollars per annum. I th( pur- 744 pose of this ordinance a contracting electrician shall be de- fined as any person who installs any electrical wiring, fix- tures, apparatus or appliances for furnishing light, heat or power, telegraph, telephone, district messenger or other electrical work for a stipulated amount or under contract. Public dance halls. Sec. 984 Sec. 854. Dog and pony shows, etc. It shall be un- lawful for any person, either as owner, manager, agent or employe, to open, carry On or exhibit any dog or pony show or performance of learned or skilled animals, unless a license for such show or performance has been first procured, and payments therefor made into the city treasury as follows : An exhibition or performance of twenty animals or less, for the first day $50 . 00 For each additional day 25 .00 An exhibition or performance of more than twenty animals, for the first day 75.00 For each additional day 40.00 Sec. 855. Drain layers. Any competent mechanic, of at least twenty-one years of age, having a permanently established place of business, with experience in laying drain or sewer pipes, upon making application, and upon pay- ment to the city treasurer of ten dollars for the year, or unexpired part thereof, ending in all cases December 31. and upon giving a bond in the sum of one thousand dollars, with corporate surety, to be approved by the board of com- missioners, conditioned that the applicant will save the city and the public harmless from any and all damages that may arise by reason of his carelessness or negligence, or failure to properly execute or protect his work, may receive a drain lay- er's license to lay private drain or sewer pipes, and make con- nections with the sewer system. The bond herein required 745 shall be in addition to the bond required by Section rhe provisions of this section shall not be const! pply to licensed plumbers who have paid for a license in accord ance with Sec. 873. Sec. 856. Electric clocks, etc. It shall be unlawful for any person, firm, association or corporation to engage in, can - } on, conduct or operate the business of leasing, renting, or otherwise furnishing for hire electric clucks, electric time es, market tickers or tape machines, within the corporate limits of > a 1 1 Lake City without firsl procuring a license i do. Persons required i" pay a license under the provisions of this ordinance -hall pay to Salt Lake City annually, in the sum of ,SJ.(K) for each such clock, timi ticker or tape machine so leased, rented or furnished. On or before the 1st 'lay of January of each year, per- sons engaged in the business as provided in this section shall furnish to the ■ of license taxes of said city a ement under oath showing the number of electric clo time piece-, market tickers or ta nines leased, rente. 1. furnished or hired during the preceding year. Sec. 857. Electric meters, etc. It shall be unlawful for any person t" engage in. conduct, operate, carrv on, or manage the business of generating, furnishing, distributing selling electricity lor light, heat, fuel or power purpo and using meter- to gauge . >r measure the same withoul first iring a license so t" do. Persons required t.i pay license under the provisions of this ordinance, shall "ii or bet'.. re the first ■' lanuary ach year, furnish the license asse: — r of Sail Lake City a statement under oath of the number of tised by -aid person for the gauging "r measurement of electricitj Cenerated. furnished, distributed "r -"hi within Salt Lake during the preceding year, and -hall pa ill Lake 746 City annually, in advance, the sum of one ($1.00) dollar for each and every meter so used as aforesaid. Sec. 858. Employment offices. Section 720. Sec. 859. Fortune telling, etc. It shall be unlawful for any person to engage in or carry on the business, profession or occupation of fortune telling for hire, by what is known as palm-reading, mind-reading, card-reading, clair- voyance, astrology or any other means of foretelling future events for pay. without first obtaining a license therefor as herein provided. An,}' person or persons engaging in said business or profession shall make application for a license to carry on said business, and pay for such license the sum of two hundred dollars annually in advance. Sec. 860. Fresh meat dealers. Slaughterers. It shall be unlawful for any person to engage in the business of slaughtering, slaughtering and selling, or selling fresh meat at wholesale or retail within the corporate limits of Salt Lake City, Utah, without first making application for and procuring a permit and license so to do, as herein provided. Any person desiring to engage in the business of slaughtering, slaughtering and selling, or selling fresh meat within the corporate limits of Salt Lake City shall make written application to the assessor of license taxes; such application shall contain the name of the applicant, his residence address and the address of his proposed place of business, designated by street and number ; such application shall at the time of its presentation be accompanied by a fee of one dollar, which shall be covered into the city treasury. When such application shall be made by a retail fresh meat dealer, the assessor of license taxes shall at once notify the chief veterinary inspector, who shall inspect the premises where' the said applicant proposes to carry on business, and upon such inspection, if he shall find the premises, all utensils, hooks, hangers, racks and dishes 747 sanitary, and a refrigerator of sufficient capacitj to properly handle all meat and meat food products to be sold, to be maintained at a temperature of not more than 50 degrees Fahrenheit, he shall issue a permit, which, upon presentation to the assessor of license taxes, >hall be authority on his part to issue a license i" said applicant for said place of business No license herein provided for shall be issued fo ■d than the municipal year in which it is issued. The license charge under the provisions of this section shall be payable, in advance, as follows For slaughterers or butchers who are not vendors, per annum .S 25.00 For wholesalers who may slaughter, per annum 125.00 retailers who may slaughter, per annum 2- • Roth wholesalers and retailers who may slaughter per annum 150.00 Sec. 861. Rooming houses. Keepers. Regulations. Every person keeping a house or place for the rental of rooms for lodging or sleeping purposes, by the day, week or month, such rental nol to include hoard, whether heretofore denominated or known as a hotel, lodging house or rooming house, is hereby declared to be a rooming house keeper, and such house or place, ing house. Every rooming house keeper shall with his application for a license make a statement under oath. showing the location of the house or place, the number S contained therein, and the number of ro rented or to be rented for lodging or sleeping purposes. The application for such license and said statement shall be filed with the city recorder of Salt Lake City, and be sented to the board of commissioners of Salt Lake at its next regular meeting. Such application shall by said hoard be referred to the chief of police, who shall within five days after such reference, report to said hoard the general reputation of said house or place, and the 748 general reputation and character of the person who pro- poses to carry on said business, and as to the general reputation and character of the persons lodging or enter- tained at said place, and whether said place or any person lodging therein or connected therewith has a U. S. govern- ment or other license to sell or dispose of any kind of liquor, and whether any law of the state or ordinance of the city is being or has been violated by the person proposing to carry ■ m said business, and if so. in what respect or respects, and whether any spirituous, vinous, fermented or malt liquor is or has been sold or kept for sale in said house or place, or any place connected therewith by the person proposing to carrv on said business, or any person lodging at or connected with said house or place, and whether said house or place is or has been conducted in a quiet, lawful and peaceable manner, and any other matters in regard to which said board should be informed, with the recommendation of said chief of police as to granting or denying said application. Upon the receipt of said application and report from the chief of police, said board shall act on such application in regard to granting or denying the same as it shall deem just and proper. It is also hereby made the duty of the chief of police, after a license has been granted to keep a rooming house, to investigate and examine any place licensed as a rooming house in regard to the matters here- inafter stated, and if it shall appear from such investigation and examination that the general reputation and character of the person to whom such license has been granted, or that the general reputation and character of the persons lodging or entertained at the place licensed is bad, or that such person or place, or any person connected therewith or lodging therein, has a U. S. government or other license to sell or dispose of any kind of liquor, or that any law of the state or ordinance of the city has been violated since the granting of such license, or if any spirituous, vinous, fermented or malt liquor has been sold or kept for sale in said house or place, or any place connected with it, by any person, since the granting of such license, id house or place since the granting of such license lias not been conducted in a quiet, lawful and peaceable manner, the chief of police shall at once report the particulai n regard to such matters, or any of them, or any other matter in regard to which said hoard should be advised, to th< bi of commissioners with his recommendation in regard to iking such license, which board shall take such action in regard to the revocation of such license as it may deem just and risjht. The yearly license for rooming houses shall bi follow - : For house containing 1 ( rooms or over SI 50.00 For house containing less than 1(K> rooms and over 7? . 12 For house containing 75 rooms and more than 60 For house containing ms and more than 40. • ■ For house containing 40 rooms and more than 25.... For house containing 25 rooms and more than 15.... 25.00 mtaining 15 rooms and more than 10.... I For house containing 1(> rooms and more than 5 '■ For house containing less than five rooms Sec. 862. Hotel runner. Solicitor. License. It shall be unlawful for any person to engage in or pursue the business of a hotel runner or solicitor for a hotel or rooming h> without first obtaining a license so to do; for such license he shall paj annually into the treasury the sum of fifty dollars. Sec. 863. Laundry. Section Sec. 864. Liquors. Sec. 865. Livery stables. A livery -ial>lc k who keep- tor public hire upon call horses, carriages, and drawn vehicles; but this definition shall ns, fin: porations who keep for public hii drays wagons, and other vehi 48 750 like character. A livery stable keeper's license may be is- sued upon the applicant filing with his application a state- ment under oath, showing the number of animals and vehicles of all descriptions to be kept by him. The yearly license charge for livery stable keepers shall be as follows: For 35 or more vehicles, with animals $200.00 For 20 and less than 35 vehicle-, with animals 100.00 For 10 and less than 20 vehicles, with animals 60.00 For 5 and less than 10 vehicles, with animals 30.00 For less than 5 vehicles, with animals 15.00 Sec. 866. Merchants, bankers, etc. It shall be unlawful for an}- wholesale or retail merchant to commence or carry on his business without first making a statement under oath of the cash value of all goods, wares and other mer- chandise which he may have in his possession or under his control for sale, whether owned by him or consigned to him; or for any merchant to increase his stock beyond the limit of his class of business during the period of his license, without procuring an additional license for such increase; or for any banker or broker to commence or carry on his business without first making a statement, under oath, of the value or aim 'tint of the capital employed in his busi- ness. The assessor of license taxes shall file all such state- ments in alphabetical order, and yearly licenses may be issued thereon as follows : Over $500,000 shall constitute first class, and pay $700.00 Over $400,000 and not exceeding $500,000 shall con- stitute second class, and pay 600.00 Over $300,000 and not exceeding $400,000, shall con- stitute third class, anil pay 550.00 Over $200,000 and not exceeding $300,000. shall con- stitute fourth class, and pay 400.00 Over $100,000 and not exceeding $200,000, shall con- stitute fifth class, and pay 350.00 < )ver $75,000 and not exceeding $100,000. shall consti- tute sixth class, and pay 300.00 751 Over $60,000 and not exceeding - shall consti- tute -e\ mih class, and paj $225.00 Over $50,000 and not exceeding $ shall con tute eighth class, and pay 200.00 $40,000 and not exceeding $50,000, shall consti- tute ninth class, and pay \7 $30,000 and not exceeding $40,000, shall consti- tute tenth class, and pay 1: $20,000 and not exceeding $30,000, shall consti tute eleventh class, and pay 125.00 Over $15,000 and not exceeding $20,000 shall con tute twelfth class, and pay 100.00 Over Sin.iKKi and not exceeding $15,000, shall consti- tute thirteenth class, and pay 90.00 - Kin and not exceeding $10,000, shall consti- tute fourteenth class, and pay 80.00 • 000 and not exceeding $8,000, shall consti tute fifteenth class, and pay 70.00 < Her $4,000 and nut exceeding $5,000, shall consti- tute sixteenth class, and pay 60 • i »vei • and not exceeding $4,000, shall consti- tute seventeenth class, and pay $50.00 (Her $2,000 and nol exceeding $3,000. shall consti tute eighteenth class, and pay 40.00 i Her $1,000 and not exceeding $2,000, shall consti- tute nineteenth class, and pay 30.00 $500 and not exceeding $1,000, shall constitute ntieth class, and pay 25.00 J ■ md not exceedin institute First class, and pay 1 lit - I shall constitute twenty-second •id pay 10.00 ■ •'. that the provisions of this section shall not be construed to authorize any person to sell spiritm vinot nted liquors, in any quantil 752 Sec. 867. Milk dealers. License. Milk dealers, as contemplated in this ordinance, shall be any person selling milk from more than r the business of loaning or advancing monej check or drafl for money in any transaction or transactions in tlie form of a sale of tj wherein the personal propertj involved, under agreement, is to I" ma) be repurchased b) the vendor, pledgor, bailor or de positor within an agreed time upon the payment of an agreed sum, or anv sum in exceess of the real sum so loaned or advanced, or the business of loaning or advancing mone) check or draft t< >r money upon a chattel mortgage or mort- es on personal property where the personal propert) involved or any part of the same is taken into the custodj • >r possession of the person advancing such money, or Ins agent or trustee, or the business ol loaning or advancing any money or cheek- or draft for money upon any assignment or assignments, or pledge or pledges of earned or unearned salary. wag< rnings, or the business of loaning or advancing any money or cheek or draft for money upon an) contract, undertaking or agreement which in substanct and effect assigns, pledges or binds the earned or unearned -alary, wages or earnings of the borrowei as securit) for such loan or advancement, without previously having ob- tained a license so to d< ordance with the provisions hereinafter Contained and set forth \ sign or advertise- ment indicating that any person i> engaged in any of the above kinds of business shall be received as prima facie evidence against Mich person that he is engaged in the business "i" pursuit therein advertised. Every person gaged in any business or pursui mentioned is hereby declared to be a pawnbroker, and shall pay the - license fee and receive the same been- pawnbroker, and shall be governed and bound by all ordinances and llations concerning pawnbrokers in so far a- thi same un to licenses and been-.- fees. Every person applying for a license a- pawnbi shall, before receiving such license, pay into the city I 754 a license tax of one hundred ($100.00) dollars per annum (no such license to be issued for a less period than six months), and shall, before receiving such license, enter into a joint and separate bond, with corporate surety to be approved by the board of commissioners, in the penal sum of one thousand ($1,000.00) dollars, conditioned for the faithful observance of all ordinances respecting pawnbrokers; provided, that the license provided for in this section shall not permit the licensee to conduct the business of a mer- chant. Sec. 870. Package delivery. Messenger service It shall be unlawful for any person, firm or corporation to engage in the business of delivering messages, packages, or parcels, either by vehicle or otherwise, except duly licensed expressmen, without first having obtained a license therefor, and the payment of $50 yearly, and executing a bond to Salt Lake City in the sum of $1000, with corporate surety, ap- proved by the board of commissioners, conditioned for the faithful observance of all ordinances of the city, and that they will save the city and public harmless from any and all dam- ages that may arise by reason of the conduct of said business. Sec. 871. Peddlers and hawkers. It shall be unlaw- ful for any person to carry on or engage in the business of peddling, or to offer for sale, barter or exchange, at retail, any garden or farm produce, fruits, butter, eggs, meat, poultry, fish, game, or any other goods, wares or merchandise whatsoever, in. upon or along anv street of Salt Lake City, without first obtaining a license so t<> do. It shall be unlawful for any person, under anv circum- stances, to peddle any goods, wares or merchandise whatso- ever, in, upon or along any of the following streets, to wit : South Temple street from Second East street to First West street; First South street from Second East street i.> First West street: Second South street from Second East street to First West street ; Third South street from Second 755 East street t" First West street; Fourth South street from nd I .>-! street to First West street; State street from First North street to Fifth South street; Main street from hir>t North street to Fifth South street; West Temple street t'r<>m First North street to Fifth Smith street ; and no license shall be granted to any person to peddle in, upon or along the said streets above described. Licenses for peddling for the purposes and under the restrictions set forth may be issued upon the payment for the following sums per annum: For a license to peddle vej -. fruit, garden pro- duce, butter, eggs, poultry, t'ish and garni or each wagon or stand so employed. For license to peddle ice cream, $40 I r each wagon, I or push cart so employed. license to peddle bread, cakes or bakers' products, ■r each wagon, stand or push cart so employed. »e to peddle fruit, vegetables, faun or garden produce, meats or baker-' products by hamper or otherwise than by a push eart. stand or wagon, SUO for each hamper so employed. For a license t<> peddle or -ell coupons redeemable by any person, firm or association, ;•• apply on services "r merchandise of any kind, for each person so peddling, $25. For a 1' die peanuts or p n, stand or push cart so employed. For a license t" peddle dry g I-. household appliances, wares and notions of any kind. $75; hut for the peddling of these articles last enumerated a license may he issued upon the payment of Sin per day, if the applicant desin license for a les I than -i\ months. The provisions of this ordinance -hall not appb ffering for -ale butt fruit, bles or poultry r produced by hut it shall be unlawful for such persons to peddle the -aid products unless they -hall register their name. ipation by a sworn si in the 756 office of the license assessor of Salt Lake City, and secure therefrom a plate showing the business they are engaged in, and the year for which the same is issued, the said plate to be furnished by the license assessor upon the payment of a fee of $1. It shall be unlawful for any person to mingle and sell the produce of another with his own, or to mingle and sell with his own produce any produce purchased from another, without procuring the license required for a produce vendor herein. It shall be unlawful for any peddler or vendor licensed or registered under the provisions of this ordinance, to ring a bell or gong, or in loud voice cry his wares for sale. ( >nly one person may peddle .with each wagon, but each such peddler may be accompanied by one driver or attendant who shall not peddle. Any person keeping produce, goods, wares and mer- chandise of any description at a private residence and soliciting trade therefor in person or by agents, or by telephone, and delivering the same, shall be deemed a peddler or produce vendor under the provisions of this ordinance, and shall be required to procure a license therefor, and shall not operate under a merchant's license. It shall be unlawful to peddle any medicine, nostrum or remedy of any character or description, and no license shall be issued for such purpose. Xo license shall issue for a less term than six months, except for a day rate as hereinbefore provided, except that when application therefor is made after the 1st day of July of any year, and such application is approved by the license assessor, the license shall issue for the unexpired portion of the year, and the licensee shall be required to pay only for such unexpired portion. Each license shall be numbered, and each person to whom such license is issued shall fasten upon the right side of any vehicle which he may use in his business in such manner that the same may be plainly seen, a metallic plate to be furnished by the 757 license assessor, bearing the license number "i" the licensee and the year for which it is i and the words "Licensed \ endor." For such plate the licensee shall pay the sui twenty-five cents; and persons peddling their own produce under the provisions of this ordinance shall be required to affix the plate furnished to them by the license assessor upon the righl side of their vehicles in a similar mannei Sec. 872. Plumbers' license, h shall be unlawful for any plumber to lay any surface pipe connected or to be connected with the waterworks system or to do any kind of plumbing work unless he is licensed and gives bond as provided in Section C '4S. Provided, that the license provided in tin- section shall not permit the licensee to conduct the business of a merchant without the payment for a merchant's license. Sec. 873. Plumbers' bond. Amount. The yearly license for plumbers shall be twent) five ($25.00) dollars, and the license may be issued upon paymeii: d sum, and upon giving the bond in the sum of ten thousand i'S" 10.000 .00) dollars mentioned in Section 948, which bond shall contain conditions, and he subject to the provisions named in said section. Said bond shall contain a further condition for the faithful observance of all ordinances, rule- and regulations of this city relating to plumbing. Public dance halls. Sec 984. Sec. 874. Restaurant defined. \ restaurant keeper i- hereto defined i" be any person who shall for any consideration furnish food in any quantity to be eaten on the premises where sold, and withoul lodging, within the limit 5al1 Lake City. A restauranl keeper's license may he iss in the applicant filing with the a| -'tch license, a statement, under oath, showing the greatest number of persons such applicant for a license • an furnish with food at one time. 758 The yearly license charged for restaurants shall be as follows : For all restaurants able to accommodate thirty or more persons at one time $75.00 For all resturants able to accommodate twenty and less than thirty persons at one time 40.00 For all restaurants able to accommodate over ten per- sons and less than twenty at one time 20.00 For all restaurants able to accommodate ten person at one time, or less than ten 10.00 Provided as folic >\\ S : First. That no restaurant keeper shall sell, give away, serve or permit to be served, or permit to be drunk in his place of business, any spirituous, vinous, fermented or malt liquors on the first day of the week, commonly called Sun- day, or between the hours of 12 o'clock midnight and six o'clock a. m. on any day of the week. Second. That the door or doors of every restaurant shall be and remain unlocked and unfastened during all the time any person or persons, including the keeper of such restaurant or any of his employes, are therein, and that during said time or times no person shall be refused admittance to such restaurant. Third. That no restaurant where spirituous, vinous. fermented or mall liquor is served or permitted to be drunk, shall have within it or in any manner connected with it, any room or booth having doors or curtains thereto, and rooms or booths in all restaurants shall have but one entrance which shall be reached only from the main outside entrance to such restaurant. Fourth. That no person securing a license under the provisions of this section shall cook, bake, or otherwise prepare food, or permit any cooking, baking or other prepar- ation of food within ten feet of the front of the restaurant to conduct which said license is given or granted, unless the front of said restaurant, except the entrance thereto, is kept closed at all times. Nor shall such person exhibit 759 or expose, or permit to be exhibited or exposed for sale otherwise on the outside of a restaurant licensed under tins ordinance, or through an open window or dooi thei an) meat, fish or fowl, cooked or uncooked. I Ik- license of any restaurant keeper fail to furnish quarterly a complete list of said instru- ments to the city treasurer, the list to give location of instruments and names of individuals renting the same. Sec. 883. Street car advertising. It shall be unlawful for any person to engage in the business of street car advertising without first procuring a license so to do. Persons required to pay a license under this ordinance shall each pay in advance, to Salt Lake City, a sum equal to 5 per cent of the gross annual receipts of such business, and shall on or before January 1 of each year, make and file with the license assessor a sworn statement showing the gross income of said business for the preceding year. The books of any person engaged in such business shall, for the 763 purpose of ascertaining the amount of license payable to the city, be open to the inspection of the license assessor. For the purpose of this ordinance, the business of .r advertising is defined the renting or hiring by any person of -pace on or in street rated within Lake t'ity for advertising purpose: lensation. Sec. 884. Theatres, concert halls or other places of amusement. For a license foi a theatre, hall or other place of amusement n<>t otherwise provided for in this chapter, haying a seating capacity of 1,000 persons or more, $200.00 per annum or $5.00 for each performance; where the seating capacity thereof is less than 1,000 and more than 500 persons, $100.00 per annum or SJ. ; m for each pen'. .nn. nice, ami where the seating capacity thereof is less than for 500 persons, $50.00 per annum or $1.25 for each performance. For a license for a concert, ball, lecture, trick or legerdemain, or any other exhibition, show or am ment not herein otherwise provided for, where the seating icity of the building or other place in which the same i- held or perfon greater than for l.CKm persons, £5.00 for each, performance or exhibition; where the seating thereof is [ess than for 1.000 and more than 500 persons, for each pert. 'nuance or exhibition; and where the seating capacity thereof is for less than 500 >ns, $1 25 for each performance or exhibition. And the ri^lr rved and the hoard of commissioner- ma> refuse a license for any of the above exhibitions. For a licens< sell or otherwise dispose of tickets of admission to any theatre, concert, circus or other place of amusement, by any person other than the proprietor or manager thereof or his duly authori n1 $100.00. Sec. 885. Trading stamps. n shall en in the trading stamp business or deliver an; monej or other property, or grant am reference in any way, U] 764 presentation or in the redemption of any trading stamp, coupon, ticket, or other device, sold, given or otherwise issued by any other person in connection with or in con- sideration of the sale, exchange, or disposition of any goods, wares, merchandise, or other property, without first procur- ing the license hereinafter provided. Persons required to pay a license under the provisions of this ordinance shall each pay six hundred ($600.00) per annum in advance. The licenses hereby fixed shall be in addition to any other licenses that may be paid by the person affected. Sec. 886. Vehicles. License. It shall be unlawful for any person to use, operate or run, or to cause or permit any of his agents or employes to use, operate or run, for the purposes of his business, a wagon, automobile, or vehicle of any description upon the streets of Salt Lake City, without first procuring a license for each vehicle so used and operated. The provisions of this ordinance shall not applv to vehicles used for pleasure only, nor to vehicles used for business purposes by any person who pays a license tax to Salt Lake City under the ordinances thereof for the right to engage in or carry on business. The license tax for the use. operation and running of vehicles on the streets of Salt Lake City shall be paid annually in advance into the City Treasury, in the sums and according to the schedule following, to wit: Passenger Vehicles — For license to run a passenger vehicle drawn bv one horse $15.00 For license to run a passenger vehicle drawn bv two horses 20.00 For license to run an automobile for public hire, carry- ing 4 persons or less 30 . 00 For license to run an automobile for public hire, carry- ing more than 4 persons and less than 10 persons. 40.00 765 For license to run an automobile for public hire, carry- ing more than h> persons Freight Vehicles — For license i" run a two or the carriag of 1 > r i i- k . coal, lumber, stone, earth, gravel, sand, ment, lime, tiling, steel beams and other st< and iron products, oil, gasoline, goods, wares, mer- chandise, manufactured articles, express matter, baggage, freight and material of any and evi kind i For license to run a one-horse vehicle for the cam:.. of material of any and every kind, as described above ! For license to run a three-horse or four-horse vehicle for the carriage of material of anj and every kind, [escribed above 15.00 For license to run an automobile of the capa< if one n, For the carriage of material of am and ever) kind, as described above 1 Fur license to run an automobile of '. .<■ capacity <>i more than one ton and less than three tons, for the carriage of material of any and every kind, as described above 18.00 For license i<> run an automobile of the capacity of mure than three t.ms, f< >r the carriage of material of any and every kind, as described above $25 A license for any vehicle under the provisions of this ordinance may be issued for a term ••)" -ix months upon the payment "t' one-half of the amount of the annual license, plus ten (10) per cent additional; provided, however that when an application is made after the first day of July of any year, the licensee --hall he required to make payment only for the unexpired portion <>t' such half-yearly period, and the certificate of license shall he for such period. Every vehicle licensed under tin- ordinance -hall have fastened upon the right side thereof, in such manner that the -ante may he plainly seen, a metallic plate. to he fur- 40 766 nished by the license assessor, bearing; the license number of such vehicle and the year for which it is issued; for such plate the licensee shall pay the sum of twenty-five cents; and it shall be unlawful to use, operate or run 'any vehicle, although the same be duly licensed, upon the streets of Salt Lake City unless such plate is attached thereto: and it shall be unlawful for any person, upon the expiration of such license or upon the revocation of same, to permit or suffer said license number to be or remain attached to his vehicle or to operate or run his vehicle after his license has expired or has been revoked. It shall be unlawful for any licensee to sell, transfer or assign any license issued under the provisions of this i irdinance. Any person having a residence or place of business without the limits of Salt Lake City, who shall use, operate or run a vehicle on the streets of said city for the purposes of his business, shall be required to procure a license for each such vehicle according to the schedule and provisions of this ordinance. Sec. 887. Miscellaneous licenses. It shall be unlawful for any persons to engage in or pursue any business, vocation or calling hereinafter mentioned, without first ob- taining a license so to do; and he shall (except where otherwise provided I make yearly payments into the city treasury, in advance, fur such license, as follows: Assay'er S 12.00 Hill posters, to include distribution of advertising matter 300.00 Building, loan, discount and investment institutions. when outside capital is employed 50.00 Distributor of advertising matter 20.00 Exhibiting apparatus, per day 2.00 Exhibiting freaks of nature, per day 2.00 Exhibiting machines, per day 2.00 Exhibiting natural curiosities, per day 2.00 Exhibition for the trial or test of skill or strength, per day 1 xhibition for trial or test of speed or endurance or both speed and endurance, per day 100.00 I eed and boarding stable SI Junk dealers (Sec, 1092) UK) im> Photographers ■. I Real estate agents ii« 1 hand dealers 092) 25.00 Shooting gallery 50.00 Skating rink 100 Merchandise brokers Slack rope performances, per day 10.00 ghl of hand, or other trick performances, per day. 15.00 Solicitors of crayon, oil or other art productions, and enlargers of portraits . >r pictures 50.00 Sec. 888. Penalty. Any person violating an) of the sions oi this chapter shall, upon conviction thereof, be punished bj a fine in anj sum not exceeding fifty dollars by imprisonment in the city jail for a period not longer than thirty days. The courl may. in imposing a fine, enter as part he judgment, thai in default of the payment of the fine the defendant may be imprisoned in the citj jail for a period nol exceeding thirty .lays: provided, that nothing herein ■ tained shall be construed to prevent Salt Lake City from vering the amount of any license herein required to be paid in a civil action brought for such purpose, as provided • dinance of this city. Sec. 889. Board of equalization. Meetings. The h ners is hereby constituted a board of equali for the equalization of license rate- Said board shall the authority to examine the assessment rolls, in ; complaints of persons, firm-, or corporation eved by their license assessments, and to make corrections of any ■mch med to be illegal, unequal or unjust 768 Provided, however, that any corrections made by said board shall be entered in detail in a record of license abatements and the members of said board shall approve in writing the said entries before the assessor is authorized to adjust the accounts. The said board shall meet twice yearly. The first meeting shall be held not later than the second Mon- day in January of each year, and the said board shall continue in session from time to time until the business of equalization is disposed of, but not later than the second Monday of February of each year. The second meeting shall be held during the month of July of each year, commencing not later than the 5th day of July, and the said board shall continue in session until the business of equalization is disposed of. but not later than the 31st day of July of the same year. All complaints relative to assessments made to the 1st day of January of each year must be presented to the said board within the period of the first meeting or be forever barred, and all complaints relating to assessments made subsequent to the 1st day of January must be presented to the said board within the period of the second meeting or be forever barred. 769 CHAPTER XXXIV. MAYOR. Section 890. Salary. The mayor shall receive a salaryof Four thousand two hundred dollars per annum, payable monthly, as are the salaries of other city officers. Sec. 891. Oath. Bond. The mayor shall before entering upon the duties of his office lake and subscribe the < stitutional oath of office and give bond to the city with the approved corporate surety in the sum "i" twenty thousand dollars conditioned as required by law. Sec. 892. Powers and duties. The mayor shall be chairman of the board of commissioners ["he mayor shall side at all meetings of the board and shall have the right to vote upon all questions coming before the board, and in case of his absence or inability to act, the members present must, by an order entered in the records, select one of their men;' act as chairman temporarily. The mayor shall have no power to veto any measure, but every resolution or ordinance passed by the board must ed by the mayor, or, if absent from the meeting, by the porary chairman, nr by two commissioners, and be Fore the same shall be in foi Sec. 893. Mayor. (See Section 18 p. 3). Vest- ing former powers in board of commissioners. 770 CHAPTER XXXV. MUNICIPAL GOVERNMENT, OFFICERS. Section 894. Government. The municipal government of the City of Salt Lake is vested in the board of five com- missioners, consisting of a mayor and four commissioners. 1 he board of commissioners shall discharge, exercise and have all the duties, powers and privileges, as are now or may hereafter be provided by law. and are now or may be hereafter vested jointly or severally in the mayor and city council, and shall have all the rights, duties, powers and privileges as may hereafter be provided by law, for boards of commissioners. The board of commissioners of Salt Lake City shall be successors in office of the mayor and city councilmen of said city, and shall have, possess, exercise all executive, administrative and legislative powers and duties heretofore had, possessed and exercised by the mayor, city council and board of public works, in Salt Lake City. The executive and administrative powers, authority and duties shall be distributed into and among five departments, as follows: 1. Department of public affairs and finance. 2. Department of water supply and water works. 3. Department of public safety. 4. Department of streets and public improvements. 5. Department of parks and public property. The board of commissioners shall, by a majority vote, designate one commissioner to be superintendent of each of the said departments, but when it appears that the public service shall be benefited thereby, such designation shall be changed, it shall determine the powers and duties to be per- formed by the commissioners of departments and of all officers and employers, it may assign anv particular member, 771 in duties of two or more depart- ments and maj make such other rules and regulations as may be necessary and proper for the efficient and economi- cal conduct of the business of the city, Sec. 895. Elective officers. Terms. The mayor, com- misioners and auditor shall be qualified voters within the city, and shall be chosen by the qualified voters of said city. In the year 1911, the mayor, four commissioners and an auditor shall be elected at large, the mayor and two sioners shall be elected for a term of four y and two of said commissioners and the auditor shall 1"' elected for t\\" years, and biennially thereafter ' ; shall be elected an auditor for the term of two years, and two commissioners for a term of four year- each, and quad- rennially thereafter there -hall be elected a mayor for the term of four years. All elective municipal officers shall continue in office for their respective term- and until their SUi shall be d .md qualified Sec. 896. Meetings. The board of commissioners shall east four public meetings a week, one of which shall be held in the evening. Special meetings may be by a majority of the board or by the may mporary chairman thereof. The order must be signed by the ment- or mayor or chairman calling SUi : ing, and must Ik- mi the mini-- the hoard. Not less than three hours' n i special meeting by the h member i ning in the order, said notice to b( sonally or left at his usual plao le, All meetings board to which any person n Imitted, must be public. Thi and accounts must be kept at tl ■ of the rdcr and during ihlic inspection 772 Sec. 897. Rules and regulations. The board of com- missioners shall have power to make and enforce such rules and regulations for the government of the board, the preser- vation of order and the transaction of business as may be necessary. Sec. 898. Commissioner of Public Affairs and Finance. That the superintendent of the department of public affairs and finance shall hereafter be known and designated as the commissioner of public affairs and finance, and that the title "'commissioner of public affairs and finance" be and it is hereby adopted as the official title of the superintendent of the department of public affairs and finance. Sec. 899. Commissioner of Water Supply and Water- works. That the superintendent of the department of water supply and waterworks shall hereafter be known and designated as the commissioner of water supply and water- works, and that the title "commissioner of water supply and waterworks" be and it is hereby adopted as the official title of the superintendent of the department of water supply and waterworks. Sec. 900. Commissioner of Public Safety. That the superintendent of the department of public safety shall here- after be known and designated as the commissioner of public safety, and that the title ''commissioner of public safety" be and it is hereby adopted as the official title of the superin- tendent of the department of public safety. Sec. 901. Commissioner of Streets and Public Im- provements. That the superintendent of the department of streets and public improvements shall hereafter be known and designated as the commissioner of streets and public improvements, and that the title "commissioner of streets and public improvements" be and it is hereby adopted as 773 the official title of the superintendent of the department and public improvemenl Sec. 902. Commissioner of Parks and Public Property. That the superintendent of the department of parks and public property shall hereafter be known and design; the commissioner of parks and public property, and that the title "commissioner of parks and public property" be and it is hereby adopted as the official title of the erintendent of the department of parks and public ■rty. Sec. 903. Powers of Commissioners. The superintend ach "t' the statutory departments, shall have in such department, sole executive and administrative powers and authority, and shall, under the direction of the board of comi ■-. have charge and control of each of the Subordinate departments as classified and distributed by lution of the board of commissioners dulj passed ■ mi> 12, 1912. Sec. 904. Reports, etc. The superintendent shall be msible to the board of commissioners for the pro conduct of each department under his supervision, and shall reporl in detail, it required and a< often as required, t<> the rd of commissioners, the state "i" affairs in and the condition •>(' hi- department and of each subordinate de- partment under hi< jurisdiction. Sec. 90S. Recommendations, appointments, expenditures, etc. The superintendent of each statutory department shall mmend t" the board of commissioners for appointment or all officers, assistants, deputies, clerk-, and employes, now, "r who may hereafter 1"- provided by lav ordinam - may be necessary for the proper cond and ch such department in subordi- partment under his supervision: * that the 774 board of commissioners, as provided by statute, reserves the right to determine the powers and duties to be performed by superintendents of departments, and all officers and employes in each department or subordinate department of the city government, and the right to assign any particular member, officer or employe to one or more of the departments, and require a member, officer, or employe to perform duties in two or more departments, and to make such rules and regu- lations as it may deem necessary or proper for the efficient and economical conduct of the business of the city; provided further, that before any person shall be appointed or em- ployed, his appointment or employment shall be confirmed by the board of commissioners : said board, however, may, in its discretion, ratify any previous appointment or employ- ment; provided further, that no liability against Salt Lake City in excess of one hundred and fifty ($150.00) dollars shall be created by the superintendent of any statutory depart- ment without the sanction of the board of commissioners first had and obtained : and. provided further, that when urgent immediate necessity exists therefor, the superintendent of each statutory department shall have power to employ temporarily sufficient help or assistance to relieve the exist- ing necessity, and he shall at the next meeting of the board of commissioners, or as soon thereafter as practicable, submit a statement of his acts and doings in the premises and his reasons for creating such liability. Except as herein pro- vided, no person other than the board of commissioners shall create any liability against the city. Sec. 906. Duties. The superintendents shall perform such other duties in their several departments as are or may be provided by law or ordinance. Sec. 907. Appointive officers. The board of commis- sioners shall appoint a qualified person to each of the offices of city recorder, city treasurer, and city attorney, each of whom shall have powers and perform such duties as arc now provided b) law For such officers, and the board may te any other office thai may be deemed n< for the good governmenl of the city, and regulate and prescribe the powers and duties and compensation ol all officers of the city, except as otherwise provided by law. The board may appoint all such officers and agents as may be provided by law or ordinance, and fill all vacari irring therein. Sec. 908. Appointive officers. Terms. Excep otherwise provided by law. the term appoin officers .--hall In- until the municipal election next following their appointment, and until their succes ire duly appointed and qualified, unless sooner removed by the board of commissioners Sec. 909. Salaries, elective officers. The mayor -hall lar} "i' four thousand two hundred dollars year. Each member of the board ■■! commissioners shall receive a salarj of three thousand six hundred dollars year. The auditor shall receive a salary of two thousand four hundred dollars per year, which compensation shall be increased or diminished during the term for which each was elected. Sec. 910. Salaries, appointive officers. All other offi shall receive such compensation as may he fixe.: ordinance. The compensation of all officers of the shall he payable monthly out of the city treasur 776 CHAPTER XXXVI. MUNICIPAL WARDS. Section 911. Division and number of wards. The terri- tory embraced within the corporate limits of Salt Lake City shall be, and the same is hereby divided into five municipal wards, bounded and described as herein set forth : Sec. 912. First municipal ward. All that portion of the city lying south of the center line of Third South street east of the center line of East Temple street. Sec. 913. Second municipal ward. All that portion of the city lying south of the center line of South Temple street west of the center line of East Temple street. Sec. 914. Third municipal ward. All that portion of the city lying north of the center line of South Temple street west of the following described line : Beginning at the intersection of South Temple and East Temple streets, thence north along East Temple street to the intersection of Second Xorth street : thence east on a line through the center of Second Xorth street to the center of the bed of City Creek ; thence north to the northern boundary of the city. Sec. 915. Fourth municipal ward. All that portion of the city lying north of the center line of South Temple street east of the following described line : Beginning at the intersection of South Temple and East Temple streets : thence north along East Temple street to the intersection of Second North street ; thence east on a line through the center of Second Xorth street to the center of the bed of City Creek: thence north to the northern boundary of the city. 777 Sec. 916. Fifth Municipal ward. All that portion of the city lying between the center lines of South Temple and Third South streets east of the center line of Easl Temple street. 778 CHAPTER XXXVII. ( ),\THS. BONDS. Section 917. Oath. Bond. All officers of Salt Lake City, whether elected or appointed, shall, before they enter upon the duties of their respective offices, take and subscribe the constitutional oath of office, and every such officer shall, before entering upon the duties of his office, execute a bond with good and sufficient sureties to be approved by the board of commissioners, payable to the city in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received bv such officer according to law and the ordinances of said city ; provided, that the bond of the mayor shall be approved by the board of commis- sioners: provided, further, that the treasurer's bond shall be fixed at a sum not less than $250,000; provided, further, that the mayor and each commissioner shall give a penal bond with approved corporate surety in the sum of $20,000, and the auditor shall give a penal bond with approved corporate surety in the sum of $20,000. conditioned as above, to be filed with the recorder and approved by the board of commissioners and that the bond of all other officers shall be filed with the recorder and approved by the board of commissioners. The premium charged by corporate surety for any official bond shall be a legal charge against the funds of the citv. Sec. 918. Additional bonds. The board of commis- sioners may at any time require further and additional bonds of any or all officers elected and appointed. All bonds given by the officers of the city, except as otherwise pro- vided by law, shall be filed with the recorder, except the bund of the recorder, which shall be filed with the treasurer. Unless otherwise provided by law or ordinance, every officer required to furnish a bond shall give bond to Salt Lake Citv in the amount of one thousand dollars. 779 CHAPTER XXXVIII. RKS \\n PUBLIC GROUNDS Section 919. Ii shall be unlawful for any person to do pi suffer or permit to be done any of the acts hereinafter m any public park or play ground in Salt Lake m any place now, or which may hereafter be sed as a public park or play ground, to wit: 1. I- lead or let loose any cattle, horse, mule, goat, ;wine, dogs or fowl of any kind. carry or discharge any firearms, firecrackers, rocki rpedoes, powder, or any other fireworks or ■ tn . break, injure, d • disturb any trei shnil). plant, rock building, cage, pen, monument, fence. ther structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant. lark, or write upon am building, monu fence, bench or other structure. 4. To cut or remove any wood, turf, grass, soil, rock, sand • >r gravel. stribute any hand-hills, or circulars, or t" post, ny bills, notice, paper, or advertising device • any kind. swim, bathe or wade in the waters of any foun tain, pond, ' stream not >et aside for the purpose of lathing, "r wading, or pollute the water- of any nd. lake ■ am. • kindle a fire for any purposi 'lM' therein drive any 1; • "ther animal, or to ny vehii i automobile elsewhere than on Is or drives provided for such purpose, and never on t> 780 10. To engage in fighting or indulge in riotous, boister- ous, threatening, or indecent conduct, or to use any abusive, threatening, profane or indecent language. 11. To sell or offer for sale, any merchandise, article or thing whatsoever, without the written consent of the commissioner of parks and public property ; within any park or play ground oi within a distance of 60 feet from the boundary line of any public park or play ground. 12. To hitch or fasten any horse or other animal to any tree or any other place or structure not specially desig- nated and provided for such purpose. 13. To ride or drive any animal or vehicle at a rate of speed exceeding fifteen miles per hour. 14. To ride or drive any horse or animal not well broken and under perfect control of the driver. 15. To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, slot machine, wheels or other device, for money, chips, credit, cigars, candy, merchandise, or any other thing repre- sentative of value, or to maintain or exhibit any cards, dice, table, wheel, machine or other instrument or device for betting, gambling or gaming. 16. To practice, carry on, conduct or solicit for any trade, occupation, business or profession, without the written permission of the commissioner of parks and public property. 17. To play or engage in any game, excepting at such place as shall be specially set apart for that purpose. IS. To drive or have any dray, truck, wagon, cart, perambulator or other traffic vehicle, carrying or regularly used or emploved in carrying goods, merchandise, lumber, machinery, oil, manure, dirt, sand, or soil, or any article of trade or commerce, or any offensive article or material whatsoever upon any road or drive, except such as may be specially provided or designated for such use. 19. To throw or deposit any bottles, tin or tin cans, broken glass, nails, tacks, crockery, wire, paper, clothes, scrap 78] or sheet iron, boxes, boards, lumber or stone, or anj rubbish i ir garbage. 20. To conduct or carry on am celebration, parade, ser vice, speech making or exercise, withoul Firsl obtaining permission from the commissioner of parks and public propertj . or to take part in any celebration, parade, speech making or exercise held or conducted contrary to the pro \ isions herei if. 21. To suffer or permit any dog to enter or remain in a public park or plaj ground, unless it be led by a leash of suitable" strength, not more than >i\ feet in length. 22 !-"or any male person over eight years of age to enter or use any water closel designated for women in a public park or play ground. 23. To hunt or fish at any park or public grounds. 24. To annoy, injure, release from confinement, or in any manner interfere with any swan. duck, goose, bird or animal, the propertj of the city. Sec. 920. Penalty. \n\ person violating any of the provisions of thi> ordinance shall, upon conviction thereof. be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty day--. The eomt may. in imposing a fine, enter ,i~ a pan of the judgment, that in default of the paymenl of the fine the defendant may he imprisoned in the city jail for a period not exceeding thirty days. 60 782 CHAPTER XXXIX. PAWNBROKERS. SALARY LOAN AGENCIES. Section 921. Defined. Any person within the City of Salt Lake who loans money mi deposil of personal property, or ileals in the purchase or possession of personal property i in condition of selling the same back again to the pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon, and takes "i- receives such personal property into his possession, is hereby declared to be a pawnbroker. Sec. 922. Ordinances posted. It shall be unlawful for any person to conduct or transact a pawnbroking business unless he shall keep posted in a conspicuous place in his place of business a copy of all ordinances relating to pawnbn >kers. Sec. 923. Right to redeem forfeited articles. It shall be unlawful, in all cases, in which articles pledged have been for- feited, for a sale or other disposition thereof to be made by the pledgee within the period of three months after such for- feiture; during such time the pledgor shall have the first rio-ht to redeem such articles at no greater advance than ten per cent upon the amount due when the forfeiture occurred. Sec. 924. Pawnbroker shall keep descriptive book. It shall be unlawful for any pawnbroker to fail to keep a book in which shall be legibly written in ink. in the English language, at the time of each loan or receipt of personal property, an accurate account and description of the goods, articles or thing pawned or received, the amount of money loaned or advanced thereon, the time, both day and hour, of pawning or receiving such goods, article or thing, and the ■ • and residence of the person pawning 01 delivering the said goods, article or thing; and no entry made in said book shall be i ibliterated >>r defaced, and the said - well as ever) article or thing pawned, pledged or hall .n all reasonable times be open to the in-' • any police officei 1 . Sec. 925. Report to chief of police. It shall be unlaw ful for any pawnbroker to Fail to make out and deliver to chief of police once each week, a legible and accurate o from the record required t" be kept by Section .... Sec. 926. Dealing with drunkards, thieves, insane or minors. It shall be unlawful for any pawnbroker to reci anj or things in pawn or pledge from a i- intoxicated or known to be an habitual drunkard, a thief or an insane person, or a person under i twenty '>iK' \ ■ Sec. 927. Employees. It shall be unlawful i"< >r am employ any clerk or person under the age of any pledge or make any loan Sec. 928. Hours. U shall be unlawful for any pawn brol eive any g N bj \\a\ of pawn or pledge before en o'clock in the morning, or after nine ■ k in the evening, "r on Sunday. Sec. 929. Liability of principal. The holdi a pawn is liable i". >r any and all acts of hi- em ii ilation l>\ them of any of t i « - ■ Sec. 930. Salary Loan Agencies, etc. Salary loan ntemplated in this ordinance, shall be any ■n. firm ition engaging in iness of n\ money, or cheek- or draft for 784 monev upon any assignment or pledge of earned or unearned salary, wages or earnings, or the business of loaning or advancing any money or check or draft for money upon any contract, undertaking or agreement, which in substance and effect assigns, pledges or binds the earned or unearned salary, wages or earnings of the borrower as security for such loan or advancement. Sec. 931. Id. License. Every person applying for a license as a salary loan agency shall, before receiving such license, pay into the city treasury a license tax of $250.00 per annum, and shall, before receiving such license, enter into a joint and several bond with corporate or other surety, to be approved by the board of commissioners, in the penal sum of $1,000.00, conditioned for the faithful observance of all laws and ordinances respecting salary loan agencies. Sec. 932. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. Pawnbroker's License Bond. Sec. 869. 785 CHAPTER XL. PLUMBING DEPARTMENT. Section 933. Plumbing department. Officers. There is hen ted and established in and for Salt Lake I it) a department of plumbing and the office of plumbing inspector and deputy plumbing inspector. Sec. 934. Officers. Appointment. Compensation. The imissioners may appoint a plumbing inspector, who shall be a practical plumber and who shall receive an annual salarj "i thirteen hundred and eighty dollars, also leput) plumbing inspector, who shall be a practical plumber, and who shall receive an annual salary of twelve hundred dollars. The hoard may also appoint a stenog- in the department of plumbing, who shall receive an anni seven hundred and twentj dollars, said be payable monthly as are the salaries of other - and emplo) I - Sec. 935. Oath. Bond. The plumbing inspector and deputy plumbing inspector shall, each, before the) upon the duties of their respective offices, lake and institutional oath of office and execute a ith ^ I and sufficient sureties to be approved b) mmissioners, payable to the city in the sum nd dollar-, conditioned for the faithful per the duties of their respective offices and the eived a- such officers according of the city. Sec. 936. Duties. Powers. It shall he the duty of the tore,- and carry into effect the laws \ relating to the installation 786 and maintenance of plumbing and drains connected with the public sewer system, to issue permits for and inspect all plumbing and drains heretofore or hereafter installed, to the end that the same shall be properly installed and con- tinuously maintained in a sanitary condition, -and to perform >uch other duties as may be prescribed by law or ordinance. The plumbing inspector shall, in the performance of his official duties, have power to examine any building in which plumbing fixtures are installed and to condemn and order removed any plumbing found unsanitary and not in compliance with the provisions of this ordinance. When, upon examination, any plumbing or connections thereto in any building or other structure shall be adjudged danger- ous to life or health by the board of health of Salt Lake City, upon receipt of such notice, the plumbing inspector shall immediately notify the owner of such building or structure, or his agent or the occupant thereof, to have the same removed or repaired within ten days thereafter, and if the owner, agenl or occupant neglects or fails so to do he shall be deemed guilty of violation of this ordinance. Sec. 937. All applications made for water, or to connect witli the waterworks system shall be furnished daily by the l >e- partment of Water Supply and Waterworks to the Plumbing Inspector. Sec. 938. Permits. Revocation. Xo permit for plumb- ing work shall be i-sued by the plumbing inspector to any person other than a duly licensed plumber; and the board of commissioners may at any time revoke or refuse a permit for unsanitary installation, defective work or other cause. Sec. 939. Fees for each permit to do plumbing work. The plumbing inspector shall collect a minimum fee of one dollar for the first four fixtures or less, and for each additional fixture, twenty-five cent--. For tin- purpose < >f 787 tlii- ordinance, ;i plumbing fixture is defined to be anything which requires sealing and venting If. after written notice that any plumbing is read) for inspection, final or otherwise, the plumbing inspector the place designated for the purpose of making inspection and finds the work installed not ready for inspection, he shall collect an additional fee of "tie dollar t< >r making each addil ispection. In all cases where plumbing work shall have been finally inspected, the plumbing inspector shall issue to the applicant rtificate of final inspection. Sec. 940. Plumbing rules. The discretion of the plumb- ■ in approving or accepting work as provided in chapter shall be limited by the following rules, and hall be unlawful for any person to construct any plui '. in any manner not in accordance with such rule-. Rule \. No plumbing work shall be beg^un without taining a permit therefor. Every building in which pint ngements are constructed shall be conn. x, where such -ewer i- provided, and not provided, with a pool in a location and ipproved by the plumbing inspector, •lumber, loing plumbing work on any build- ing any additions to old work, excepting lefined to o of mending n drain, soil, waste and venl pipes, and repairs tnd water supply pipes, and of forcing out ing water closet bowls, or metal rubber plug basin howl-, or opening soil or remove an obstruction), shall obtain a id plumbing inspector, to do •hat in buildings which are condemned by or plumbing inspectoi of un- ndition, no plumbing shall l>e considered as repair-, but all plumbing shall 788 be done as in the case of new buildings. All work shall be subject to inspection. A duplicate copy of permit must be placed in a conspicu- ous place in building where plumbing is to be installed. Under no circumstances shall any mechanic doing the work of plumbing or house draining, or any employe of such mechanic, act as the agent of the plumbing inspector to perform the duties prescribed in this ordinance. Rule P>. All pipes from the sewer to the top of the soil pipe, which must be carried to a point at least eighteen inches through the roof, shall be fully four inches in interior diameter at every point, and no vent pipe shall terminate nearer than two feet above any door or window opening. Rule C. No trap or any manner of obstruction to the free flow of air through the whole course of the drain and soil pipe shall be allowed, and any plumber who shall, directly or indirectly, place or make any trap, contraction or other obstacle anywhere in the course of such drain or soil pipe, shall, in addition to the penalty herein prescribed, forfeit his license, and shall be ineligible to relicense for one year. Any other person violating this rule shall be subject to the penalties of this chapter and shall in addition pay the cost of rectifying the wrong done. Rule D. Every sink, urinal, water closet, bath tub, basin or other fixture shall be separately trapped as near the fixture as possible, and all greasy flow from hotels, boarding houses, restaurants and public kitchens, or other similar establishments, shall lie caused to pass through a grease trap, which grease trap must be constructed in a manner, position and size to be approved by the plumbing inspector, and from every such grease trap a one and one- half-inch pipe must be run through the roof as provided for vent pipes. Rule E. All plumbing fixtures and traps must be of a kind and quality to be approved by the plumbing inspector. Rule F. Xo water closet will be allowed in an un- ventilated room or compartment, or in a sleeping room; 789 in every case the room or compartment in which a water - placed shall have direct communication with the outer ,iir l>\ mean- of a window not less than l_'\li> inches, ,ir duct or shaft; and in ever) case the location ;m>r suction shall be of a kind that cannot have its seal broken b) siphonage, and shall • ented. \\\ soil ami drain pipes and fittings (unless otherwise provided in t hi- chapter) shall Ik- of standard weight wroughl iron, galvanized, "r of cast iron of the grade known to is extra heavy, and shall he of the following per linear foot; 2-inch, 5'.. pound- per Eoot; 4-inch. per foot; 5-inch. 17 pounds per i""t : 6-inch, -?<> and -hall be carried full size up through the H leasl is inches through the roof and left witl or bend. Standard soil pipe may be used above Irainage fitting in the stack: and in case of nnection, at least a 2-inch pipe must extend from up through tlu- roof. ixture -hall he trapped by having it- nutlet I with the trap "i' another fixture. Mo connection -hall he made at any part of the house item with roof gutters or any other channel for of rain water, save that plumbing fixtures ipplied from tank- constructed to -tore rain r -uch purp • be a- direct a- possible, and shall rrangi ! that they may at all times be readily ired Before the fixture- are placed ■ drain, soil, waste and vent pipes shall 790 be hermetically sealed, the pipes shall then he filled with water to the top. and every joint shall be examined for leak- age, and all leaks shall be securely closed: except that in case '>i inspection of plumbing already existing, the pepper- mint or smoke test may be substituted by the plumbing inspector. g. The joints of all pipes, except where screw joints are used, shall be made with an oakum gasket and sofl lead, thoroughly calked. h. All vent pipes and fittings shall be of galvanized iron or of cast iron; and, if of cast iron, it shall be of the grade known to commerce as standard, and all fittings used with such pipe shall correspond with it in weight and quality, and all cast iron pipe and fittings shall be coated inside and outside with coal tar pitch varnish. i. All drain and waste connections with cast iron pipe and wrought iron galvanized, or steel galvanized pipe, shall be made with a cast iron tapped recessed drainage fitting. j. All changes in the direction of the drain shall be made with curved pipe and all connections with Y branches and one-eighth bends. Sanitary tees are pro- prohibited, except in vertical pipes. Combination clean- out fittings are prohibited. One-quarter bends are pro- hibited, except in vent pipes; provided, that long one-quarter bends may be used on drain pipe if controlled by a clean-out. Off-set fittings may be used, but no off-set shall be over six inches, ff an off-set i< over ^ix inches, a one-eighth bend must be used. k. "Waste pipes from safes, refrigerators, beer pumps, water tanks and other similar fixtures, or From receptacles in which provisions are stored, shall not lie connected di- rectly to the drainage system, but shall discharge into an open sink or tray, which shall be in plain sight. This sink or tray may connect with the drain pipes, upon being properlv trapped and vented like other fixtures. 1. \11 connections of lead pipes shall be made with wiped joints. in. All connections of lead with iron pipe shall be .ah a brass >r ferule, the sleeve t<> be thor- hlj calked mi" tin- hub of tin- iron pipe with lead and tin- lead pipe Ik- attached i" tin- sleeve by a wiped jo \ I.- teel flange musl be used in -rum- all wain n. Water closets -hall not l>e flushed by direct service, a special tank or a flushometer, except oul ■ isets. Waste pipe- and trap- -hall in all cases he "l lead, iron, galvanized iron or brass, and of the following h of the following named fixtures: Bath tub, P.- inches. ■ Laundry tub, 1 inches. I "rinal. 1 ' me! sh basin, 1 : i inches. ■ hopper, _' inches or more. ur-inch wrought iron tarred pipe may It used for onl) in reinforced concrete buildings. It ■ upon the ground must he extra heavj < \inl tin- lead vent and wa-te pipes must nol he lighter than tlie following weight per linear foot; 1 ■ ; -inch. _' unds . 2 inch, 4 pounds, from each fixture shall in all cj - tin- trap from the same fixture: I that when more than one fixture -hall he vented pe, the size of such pipe -hall he a- fol- -•■ provided for than "iie and ii"t t.> exceed two basins, pipe. For more than two ami ii"t t.. galvanized pipe. For more than ••• basins, -'-inch galvanized p ■ •■ than ■ ch galvanized pipe than one and not l ures, 792 For more than three and not to exceed five fixtures. 2 inches. For more than five and not to exceed ten fixtures, 2 l / 2 inches. For more than ten and not to exceed twenty fixtures. 3 inches. Siphon jet or wash down water closets located within five feet of the stack or drain, need not be vented. All other fixtures, except drum traps which drain into a closet bend. need not be revented when the same are located within six- teen inches of the stack : provided, there are no other fixtures above. When closets are located more than five and not to exceed fifteen feet from the main soil pipe, a 2-inch vent pipe shall be continued from the end of said soil pipe as provided by the rules governing vents. If closet is located more than fifteen feet from the main soil pipe, a four-inch vent pipe shall be used as provided above. q. Vent pipes from water closet traps shall not in any case be less than two inches in diameter : and where more than one closet is vented through the same pipe, the size of such pipe shall be as follows: For one and not to exceed three closets. 2 inches. For more than three and not to exceed six closets, 2 l /> inches. For more than six and not to exceed twelve closets, 3 inches. A water closet, bath tub and wash basin may all be ventilated through the same pipe, but in all such cases the 2-inch vent pipe, which is common to such fixtures, shall not exceed thirty feet in length. And the same rule shall apply in cases where a water closet and either a bath tub or a wash basin are vented through the same pipe. r. All vent pipes which are more than thirty feet in length shall be increased one size in diameter for each additional forty feet in length. 793 lu do case -liall more than two lavatories be drained or vented through a l^-inch pipe, nor >hal! any waste pipe of l'i inches diameter exceed twelve feet in length; 1 inches diameter, 1" feet in length and be reamed full size. t. Trap vents from two or more fixtures must be con- nected at leasl six inches above the top of the fixtures. and the trap screw of tlie same diameter as the vent wiped into it and not more than -ix inches above the connection with the trap, and ground joint solder unions may be used This rule applies to lead pipe only. u. All pipe- are to be so arranged that they maj be easil) examined and repaired. v. All exit pipe- from plumbing fixtures except water closets, shall l>e provided with -iron- metallic strainers securelj fastened. Double hubs are prohibited in all cast iron sod and waste pipe-, except above the vent, tee, or in clean-outs in the -ewer. Wooden wash trays and wooden -ink- are prohibited inside of buildings, except in hotels and restaurants. Such fixture- shall in all other cases be of non-absorbent material. w. Waste pipes from hath tubs shall be connected mm trap-. Drum traps shall have trap -crew- not less than three inches in diameter, and shall he put a- close the tub a- i- practicable and be accessible, and have at leasl i 1 .-inch water seal, and he nol less than 4 inches in diameter. x. In no case -hall any vent or -, ,i! pipe he run on the ide of any building without a special permit from the plumbing inspector. y. In no case -hall anj fixture he allowed to discharge into the trap of any water closet, or into the heel of a lead bend. Brass clean-out plugs -hall he placed at the end of tin- drain pipe under every -ink. ha-in. laundry tray, urinal or any similar fixture, ami also at every angle in -aid pipe. 794 When any ether class of pipe is joined to cast iron, connection shall be made with screw thread to a properly tapped drainage fitting. All screwed drainage fittings shall be of the type known to the plumbers' trade as the Durham system, or some other equally efficient type. Wrought iron pipe and fittings. Wrought iron pipes and fittings shall be galvanized of best quality, lap-welded, unless otherwise provided. Fittings for wrought iron pipes shall be cast iron, either galvanized or dipped recessed drainage fittings, but no wrought iron pipe shall be allowed under, or upon the ground when used for waste or drain pipes. All wrought iron vent pipes must be galvanized and of standard weight. Fittings for vent pipes on wrought iron may be the ordinary cast or malleable steam and water fittings. All joints to be screw joints made water tight and the burr formed in cutting must be carefully reamed out. Where cleanouts are required by rules, by the approved plans, the. screw cap or plug must be of brass. Cleanouts must be of full size of trap up to 4 inches in diameter and not less than four inches for larger traps. The use of lead pipes is restricted to the short branches of the soil. vent, waste pipes, bends and traps (short branches) of lead pipe deconstrued to mean not more than: << feet of 1 ' 2-inch pipe. 5 feet .of 1 j 2-inch pipe. 4 feet of 2 -inch pipe. 2 teet of 3 -inch pipe. 2 feet of 4 -inch pipe. Sec. 941. Drainage. In all drain pipes laid within the property lines and in all horizontal soil pipes which are four inches or more in diameter, there shall be placed eVerv Fifty feet apart, throughout their entire length. Y branches with brass clean-out plugs, ftdl size diameter of pipe, which shall be put in as follows: and which bitil- line, and where the Y cleai \nd uried below the basement floor, then Y anil placed so that -:i with the basement floor. In build- but havii | - cnt. Y bran .at the plus's shall ssible. Whei back from the - Y branches and clean-outs shall ine, and • apart along tl e length of the •i the initial Y branch and the building, and all ;ch Y bran II extend up t" and be finished •i with the surface •id. Third. \\ hen drained inl the n the matter of clean \cept that the initial clean-out immed . ithin the foundation walls unlawful to la\ -ruct drain pipe >>r horizontal soil pipe in any manner not in • Sec. 942. Cesspools. The minimi - ;>ools th. and thai n diameter in the clear. In -ink ten in depth. than five (5) feet in the when n* if built npineer. Sec. 943. Settling boxes. Where it shall be nece- the minim 'ins: an thrf : 796 than eighteen i 18 > inches from the end and the shall be not less than thirty 10O1 inches below the : line of outlet pipe. For stables with less than ten i 10 rses -ettling boxes shall be not less than f - feet by six (6) feet inside, with partition two (2) feet from outlet end. and bottom thirty ( 30 1 inches below flow line outlet pipe. For stables with more than ten i 1 ... ghter houses and similar establishment- -:ze of settling in shall be not less than five (5) feet by ten (10) feet inside with partition : _ feet from outlet end. and thirty (30) inches below outlet pipe. In all settling boxes where there is any matter floating on the water, the partition shall have a fixed wire screen not less than 12 _ _ and not over x i-inch mesh. Sec. 944. Exhaust from steam engines, etc. It shall be unlawful to connect directly with the public sewer any- privy vault, cesspool, exhaust from any steam engine off from any steam boiler. The plumbing inspector and deputy shall report pr> ly to the board of health, the existence of any unsanita - defective plumbing or drains and also any unsanita ditions coming within their obServati Sec. 945. Drain layers. Any competent median- : at least twenty-one years ._ having a perr lished place - - \perience in laying drain wer pip' - ring application, and upon payment to the city treasurer of ten dollars for the year, or unexpired - ending in all - - December 31, and upon giving a bond in the sum of one thousand d its A-ith corporate surety, to be approved by the board sioners itioned that the applicant will save the city and the public harmless from any and all damages that may aris bv reas -- -- r nesrlisenc-: 797 properly execute or protect hi^- work, may receive a drain layer's license, to lay private dram or sewer pipes, and make connections with the sewer system. The bond herein re- quired shall be in addition to the bond required by Section I'he provisions of this section shall nol be construed to apply to licensed plumbers who have paid for a license in accordance with Section 873. Sec. 946. Plumbers. It shall be unlawful for any plumber to lay any surface pipe connected or to be con- ed with the waterworks system or to do any kind plumbing work unless he is licensed and gives bond led in Section ''47. Provided, that the license provided • this s tion shall not permit the licensee to conduct the business of a merchant without the payment for a merchant's licet! Sec. 947. Amount. Bond. The yearly license for plumbers shall be twenty-five i $25.00 1 dollars, and the lice: iS 1 upon payment of said sum. and upon the bond in the sum of ten thousand i$10.0.(>Oi ■ ■ d in Section ')4S, which bond shall contain the ns, and !>e subject to the provisions named in id bond shall contain a further condition for the faithful nee of all the ordinances, rules and ty relating to plumbing. Sec 948. Permits. Applications. Bonds. Fees. No ition shall be issued until writ- ion therefor has been made to the supervisor 1 bj the party making the excavation, or instance it is to be made; nor until the applicant ha with the supervisor of streets indemnity to the city, with sureties to be approved ! of commissioners, conditioned that the person mak n will erect and maintain about -aid ex- ! until the -tree- • ed to it- normal condi- 51 798 tion, sufficient guards, signals, barricades and lights, to pre- vent accident, and will, as soon as may be after the comple- tion of said work, restore said street to the same condition in which it existed prior to said excavation, and will remove rocks, dirt and rubbish from the street, and will save the city harmless from any and all claims, liabilities, demands or damages, for any and all injuries to person or property arising in any manner out of or by reason of any such excavation. Such bond shall be in the sum of five thousand dollars, for excavations in all streets: provided, however, that whenever paving or macadam, dirt or rock is removed in the process of any street excavation, such paving or ma- cadam, dirt or rock must be replaced under the direction and to the satisfaction of the supervisor of streets, and at the expense of the party making the excavation: and provided, further, that any person, firm, corporation or association operating in or using any of the streets under a franchise, or any person, firm, corporation or association who. in the pursuit of his or its regular calling, has frequent occasion to open or make excavations in the public streets, may file a bond with corporate surety in the sum of ten thousand dollars, conditioned as above, to cover all excavations made for a period of two years from the date of filing, but permits for all excavations, except for the replacement of street railway rails and ties in unpaved streets, must be applied for and issued before it shall be lawful to make any such excavations: provided, further, that in excavating through asphalt or cement, or beneath stone blocks, the excavation shall be cut perpendicularly at the side and ends from the surface, the full length and width of all excavations to the necessary depth; on top of the backfilling there shall be placed six inches of stone or concrete flush with the pavement, and in all cases, whether the excavation is made through asphalt or otherwise, in backfilling the material used for that purpose shall be thoroughly tamped and a sufficient quantity of water used to properly settle the material so used : and after completing an excavation and 799 .ill dirt, rocks and rubbish shall be removed vided, further, thai failure on the pan of ;uu ssociation or corporation to comply with the provisions of this chapter shall be a sufficienl the supervisor of streets refusing a permil to in the streets of this city; pt further, that no i n shall be permitted to remain open in an) street nger period than ten days, [f this pro- ted the supervisor of streets may fill up any tion at the expense of the person making the further, that the supervisor of streets shall upon issuing any permit, the following 5, to wit : in any cement sidewalk, for the first part thereof $ 2.00 h additional square foot or pari thereof 25 i in any asphalt pavement, for the firsl r part thereof 5 .00 Iditional square foot or part thru-, if IS E in any macadam pavement, for the first r part thereof 2.00 litional square foot, or part thereof 20 • •■ block pavement, for each square part thereof 40 vs. >rk when there is no asphalt or ma- nt, per block 10. (Hi r less than a block. Sec. 949. Penalty. Any person violating any <>t the his ordinance shall, upon conviction thereof, ne m any sum not exceeding fiftj dollars ment in the city jail for a period no) longer .-•'tin may, in imposing a fine, inter ent, that in default .•)' the payment maj be imprisoned in the city ing thirty da 800 CHAPTER XLI. POLICE DEPARTM ENT. Section 950. Police department The police department of Salt Lake City is hereby reorganized and shall hereafter consist of the following officers, men, employes and agents, whose duties and compensation shall be as hereinafter fixed : One chief of police, who shall be at head of the police department. ( >ne inspector, with the rank of senior captain. One captain. ( )ne junior captain. ( >ne matron. ( hie janitor. One secretary to the chief of police. Ninety-three patrolmen of three grades, to wit: Firsl grade, second grade, and third grade. Patrolmen without previous experience shall be ap- pointed to the third grade only, and may be promoted upon recommendation of the chief of police after service of one year, if. in the opinion of the chief of police, their service and ability entitles them to promotion. The chief of police may appoint into the second grade applicants who. in addition to regular requirements, have served at least one year in the third grade in this service or two years in police or detective service outside the police department of Salt Lake City, or a term of enlistment in the United States army. The chief of police may appoint into the first grade applicants who. in addition to regular requirements and having had two or more years service in police and detective work, are especially qualified for police service. All applicants must successfully pass such examinations as may be required by the prescribed rules and regulation-;. 801 Sec. 951. Appointment of chief of police. Removal. mmissioners shall appoint a competenl person - chief of ; ind the board of commissioners any time, remove such chief of police without .. without charges being preferred and without trial. hearing or opportunity t" be heard, whenever in the opinion ijority of the said board of commissioners the g I service will be subserved thereby, and the action oi the t commissioners in making such removal shall be final and conclusive. The city recorder shall forthwith he chief of police in writing of his removal and. the time of his notification, the person so removed m ii" case be entitled to any salary or compensation Sec. 952. Appointments. Removals. The chief of police nt, h\ and with the advice and consent of the b missiom Om tor with the rank of senior captain aptain. nioi ptain atron nitor. 1 me secretary t.> the chief of police. ttrolmen of three grades, to wit: Firsl • ide and third grade, and all other men and department, and. in like manner, fill all \ ■lice, with the consent of the hoard of any time remove any subor- <■ ent without charges being pre- ut trial, hearing or opportunity to be heard. pinion, the u r I of the service will be and such removal shall be final and r< • • sed or called in question 802 The city recorder shall forthwith notify in writing the removed person of such removal; it shall not be necessary 1" state any cause therefor and from the time of notification the person so removed shall in no case be entitled to any -alary or compensation whatever. Sec. 953. Appointments. Department officers. Special duties. The chief of police shall designate, in writing, filed with the city recorder and a duplicate filed with the city auditor, one patrolman to act as first duty sergeant, one patrolman to act as second duty sergeant, one patrolman to act as third duty sergeant, one patrolman to act as fourth duty sergeant, not more than five patrolmen to act as patrol drivers, not more than eight patrolmen to act as motor- cycle policemen, not more than five patrolmen to act as mounted policemen, not more than three patrolmen to act a- desk sergeants, and three patrolmen to act as jailor-. The chief of police shall also appoint from the first grade patrolmen for detective service those whom he shall deem most capable for that branch of the service not exceed- ing eight in number, and he may reduce and assign to patrol duty any detective whenever, in his judgment, the improvement of the service requires it : provided, that in special cases or emergencies, he may assign for temporarv duty, without extra pay, additional patrolmen from any grade to serve in the detective department. Whenever any change shall occur in the police department by death, resig- nation, removal, transfer, promotion or reduction the chief of police shall, in like manner, fill all vacancies from among the existing force or from appointments as, in his judgment, he shall deem best for the good of the service. Sec. 954. Transfers. The chief of police -hall hi power at any time to transfer any patrolmen from one service to another, to promote any member of the depart- ment to any position of greater authority or larger salary or, in like manner, to reduce any patrolman from anv subor- 803 dinate office to a lesser office or to an office of lesser salary or t'> reduce any such subordinate officer i" the ranks or my member of the department, except inspei captains, matron, janitor and secretary, from one position to .hi- >thvr in the department a*, in his discretion, shall be for the ^""'1 of the service, by notifying the individual affected by such change and l>> filing a written designation of tlic change with the cit) recorder and the cit\ auditoi Sec. 955. Police department control. The police de- hall be under the managemeni of the chief of police except as otherwise i >r. -\ i • K-< 1 by law or ordinance, lief "t" police shall have the control, management and direction of all members of the department in the lawful • •f his functions with full power at any tim< ■ lid any subordinate officer, employe, men or agents in the police department for a peri. "1 not exceeding fifteen hen. in his judgment, the good of the service - it. and. during the time of such suspension, the ms • suspended shall m>t be entitled to any nsation whatever. In all cases of suspension liately report the same to the city recorder, .md board of commissioners in writing. 956. Rules and regulations. The chief of police, the app ■ the board of commissioners shall make and such rule-, and regulations for the improvement irtment and the uniforms of the officers, em- gents connected therewith as. in his judg- and most appropriate fi ir the g Sec. 957. Special police officers. The chief of police, •he board of o >mmis patrolmen t" serve without •n the appointments made fo from date thereof and i 804 certificate of appointment shall designate whether the ap- pointee is authorized to act as such special patrolman throughout the city or at a particular place therein and if at any particular place, the place shall be designated in such certificate. The city recorder shall keep a book containing the names of such appointees, the date of appointment and the date of expiration of said appointment. Sec. 958. Ranking officers. Command shall be exer- cised by virtue of office and special assignment of* officers eligible by law and ordinance to command. The officers of the department shall rank in the following order: 1st — Chief of police. 2d — Inspector. 3d — Captain. 4th — Junior captain. 5th — First duty sergeant. 6th — Second duty sergeant. 7th — Third duty sergeant. 8th — Fourth duty sergeant. In the absence of the chief of police the performance of his duties shall devolve upon the inspector, and in the case oi the absence of the inspector, through disability or other- wise, upon the next ranking captain. Sec. 959. Mounted police. Mounted policemen must provide their own horses, horse equipment and horse feed under the direction and subject to the approval of the chief of police. An allowance of twelve dollars and fifty cents ($12.50) per month shall be made to each mounted policeman for the maintenance of said mount. Sec. 960. Salaries. The officers, employes, men and agents of the police department shall receive yearlv salaries, payable monthly, as are the salaries of other city officers, in the amounts as follows: 805 polici S3.000.00 Inspector 1.740.00 1,620.00 Inn; im 1.500.00 ints 1,380.00 Patrolmen in detective service 1.320.00 . to the chief 1,200.00 ! janitor • 900. 00 480.00 ■ first grade 1.200.00 Pati ide 1.0S' third grade 960.00 drivers, motorcycle policemen, mounted n .mil lU-^k sergeants shall he graded a- patrolmen of tin- i\- nd and third grades. Sec. 961. Gifts. Acceptance of. Penalty. No member lepartment shall receive any fee or any •i whatever, directly or indirectly, from a city, for any service rendered or act done by ber of the police department other than the led by ordinance, except witness fees in superior nor shall any member of the police department iney or compensation whatever, directly or indirectly, front any person for any service rendered, to be done other than the salary provided by . that a gifl or reward may be i member of the police department only upon the writt mmendation of the chief of police and approved •ner of public safety. in of tht-- section will subject the offender to Sec. 962. Chief of police. Duties. The chief of ■ e 'f his duties, have like po sponsibility a- sheriffs and con- . and he shall suppress riots, dis- 806 turbances, and breaches of the peace, and apprehend all persons committing any offense against the laws of the state or the ordinances of the city. And at all times he shall diligently and faithfully discharge his duties and enforce all ordinances and regulations of the city for the preser- vation of peace and good order, and the protection of the rights and property of all persons. He shall consult and advise with the commissioner of public safety, and act with his approval on all matters pertaining to the police department not herein specifically provided for. and shall from time to time make such reports as the commissioner of public safety shall require and shall annually make report to the board of commissioners of the state of affairs and condition of the police depart- ment. Sec. 963. Search and seizure of intoxicants. If the chief of police ha- probable cause to believe that intoxicating liquors are manufactured, sold, bartered, given away or other- wise furnished, in violation of law or are kept for the purpose of selling, bartering, or giving away or otherwise furnishing in violation of law. it shall be the duty of the chief of police forthwith to make and file with a judge of the district court or a justice of the peace in the county written in- formation supported by his oath or affirmation that he has reason to believe and does believe that the law is being violated in the manner as above set forth; whereupon such justice or judge upon finding probable cause for such information, may issue a search warrant conditioned as pro- vided by law. Additional duties. Sec. 979. Sec. 964. Police officers. Powers. Duties. Police officer-; -hall possess the powers conferred upon con-tables by law: they shall execute and serve all warrants, process, commitments and writs issued by the city com;, they shall at all time- preserve the public peace, prevent crime. 807 ind arrest offenders, suppress riots, protect persons and property, remove nuisances existing in the public >tn< Is and highways, enforce every law, both state and municipal, relating to the suppression of offenses, and perform all dune- enjoined upon them by ordinance. Sec. 965. Arrests. The) shall have power :m>r within his view any tch of the peace or any offense directly prohibited by the law s of tln~ by any . irdinam < Sec. 966. Oaths and bonds. The chief of police shall, ire he enter-, upon the duties of his o ike and scribe the constitutional oath of office and execute a bond the city in the penal sum of five thousand dollars, con- ditioned for the faithful performance of the duties of liis :iid the payment of all moneys received by him as ■ •nicer according to law and the ordinances of the city. bond shall be filed with the recorder and approved by the board "t' commission' Sec. 967. Id. The inspector of police with the rank ol tin, and the captains shall, each. I>ef<>re they enter upon the duties of their respective offices, take and subscribe the ith of office, and execute a bond, payable to ity, m tlie penal sum "t" two thousand dollars, con- ided by law. Said bond t" be Filed with the and approved by the board of commissioners Sec. 969. Bail commissioners. The board of commis- the offcers and men in rtment, one or more discreet persons t" be mers, who shall have and exercise all the ■ ..r hereafter may he. conferred ourl in respect to the fixing of bail of persons arrested within the corporate limits, for misdemeanors under the laws of this State, or for violation of the city ordinances, and taking and approving the same; provided, that any person who has been ordered by any such bail commissioners to give bail may deposit the amount thereof in money with such bail commissioner. Sec. 970. Id. Receipt for moneys. In addition to their duties in respect to the fixing of bail, bail commis- sioners shall have power, on non-judicial davs. and after the hour of five o'clock p. m. and before the hours of nine o'clock a. m. on judicial days, to collect and receipt for moneys tendered in payment of the fine of any person serving sentence, in default of the payment of such fine. All moneys collected by bail commissioners shall be accounted for at least once a month to the clerk of the city court. Sec. 971. Id. Oath and bond. Filing. Commissioners appointed under this title shall serve at the pleasure of the board of commissioners; they shall receive no compensation as such, and, before entering upon their duties as bail com- missioners, shall take and subscribe an oath to faithfully and impartially discharge the duties of their office, and shall give bond to the city, with two good and sufficient in- dividual sureties, or with a single corporate surety to be approved by the board of commissioners, which bond shall be in the sum of $2,500, conditioned for the faithful performance of their duties as such commissioners, and that they will well and truly account for and turn over to the clerk of the city court, or to the city treasurer, as the case may be, at such times as may be designated by the board of commissioners, all moneys, .bonds, property and records coming into their hands as such commissioners, and that, at the expiration of their term of office, they will surrender and turn over as aforesaid all funds, bonds, property, papers. 809 and records pertaining to their respective offices, then in their hands. Suit upon any such bond may be broughl by the city or person injured. The oaths and bonds of said commissioners shall be tiled with the city recorder. 810 CHAPTER XLII. POLL TAX. Section 972. Poll tax. Who liable to pay. Amount. Two dollars, lawful money, is an annual road poll tax upon every man over twenty-one and under fifty years of age. not physically incapacitated and not exempted by law. Sec. 973. List of taxpayers. The supervisor of streets and irrigation shall, between the 1st day of January and the 30th day of November of each and every year, ascertain the list of names of all persons within the corporate limits of said city who are liable to pay a road poll tax. He shall enter said names in a suitable register in alphabetical order and in suitable columns opposite each name he shall enter the address of the taxpayer, date of notice, number of notice, date of service of notice, date of payment, number of receipt issued, and a column for remarks, in which shall be entered the final disposition of the tax. Sec. 974. Notice to pay tax. The supervisor of streets and irrigation shall, between the 1st day of January and the 30th day of November of each and every year, give written or printed notice to every person in Salt Lake City, subject to the payment of road poll tax, that said tax is due and payable to said supervisor of streets and irrigation, with- in ten days from the date of the service of said notice. Said notice shall be delivered to each person liable to pay a poll tax, personally or by leaving the same at his residence or place of business, which shall be equivalent to a personal notice; provided, said road poll tax, to wit, two dollars, shall. become due and payable on demand of the said supervisor of streets and irrigation in cases of transients or non- residents of the city, at the discretion of said supervisor. 311 975. Delinquent tax. Collection. \n\ person sub payment of said poll tax, who shall fail to pay the provided, shall be delinquent, and the supi eets an>l irrigation shall proceed to col in in the name of Sail Lake lity. and no wages belonging to such person shall be exempi ition therefor. Should an indemnifying bond be or the protection of any officer executing the e Hunt in any such proceedings, the city attorne) shall, the expense <> each person making paymenl of ■ therefor. The stub- of said receipt books shall I and audited monthly by the cit) auditor Sec. 977. Money. How expended. All moneys col- ! pull tax shall be expended under the n and pursuani to the order of the board of com- ic >ad improvements. Sec 9/8. Annual report to the board of commissioners. ; l-t da) ■ cember in each year the and irrigation shall deliver to the city provided for in Section 973 with a wri " i summary of the facts shown i and report shall be certified to by the and irrigation, and audited and certi- auditor, alter which it shall be I of the supervisor. A duplii shall be submitted by the supervisor of ■ the board of commissioners nol i mber in each year 812 CHAPTER XLIII. PRISONERS AND CITY PRISON. Section. 979. Duties of chief of police. The chief of police shall take charge of and keep the city prison and the prisoners therein. He shall receive and safely keep all persons duly committed to his custody and file and preserve all commitments by which persons are committed, and keep a record of each, showing date of arrest, offense charged, term of commitment, date of release, the name, age and place of birth and a description of the person so com- mitted, in a book kept for that purpose. Sec. 980. Id. He shall formulate a system of prison rules and discipline and keep a record in which shall be entered a statement of every infraction thereof committed by any person confined therein. Sec. 981. Id. The chief of police shall receive all persons committed to jail by competent authority, provide them with necessary food, clothing and bedding. He shall cause the prison to be warmed and lighted, when necessary, and to be kept in a sanitary condition. He shall enforce all rules prescribed by the board of commissioners for the government of the city prison. Sec. 982. Reduction of sentence for good behavior. Every person undergoing sentence for thirty days or more, who has not been guilty of a breach of the rules of the prison, shall be entitled to a reduction of the period of his sentence as follows: From a term of one month, five days; from a term of two months, ten days; from a term of three months, fifteen days: from a term of four months, twenty days; from a term of five months, twenty-five days; 813 Irom a term of six month-, thirty days. Proportionate re- ductions shall be made for the fractional parts o( a month included in any sentence. Sec. 983. Prisoners to labor. Whenever any person sentenced to imprisonment for violation of any city inance, and such person is required by the judgmenl of the court to labor, such labor shall be performed under the direction of the chief of police. 62 814 CHAPTER XLIV. PUBLIC DANCE HALLS. PUBLIC ACADEMIES. Section 984. License. It shall be unlawful for any person to manage, conduct or carry on a public dance hall or public dancing- academy in Salt Lake City without first obtaining a license so to do. Sec. 985. Amount. The license fee required for a public dance hall shall be $10 per day, or $400 per year, if such hall be operated and managed by the year : for a public dancing academy the license fee shall be $50 per year. Sec. 986. Location. Revocation of license. Hearing. Such license fee shall specify the location in which the public dance hall or public dancing academy is to be con- ducted, and the board of commissioners of Salt Lake Citv shall revoke an} - such license when it shall appear to the board that any public dance hall or public dancing academy <' i licensed is conducted in an illegal, disorderly or improper manner, or whenever the person conducting such dance hall or dancing academy has been convicted of a violation of any of the provisions of this ordinance. No such license shall be revoked until a hearing shall have been had by the board of commissioners in the matter, written notice of which hearing shall be served at least three days prior to the date thereof upon the holder of such license, or his or its manager or agent. Such notice shall state the ground of complaint against the holder of such license, and the time when and the place where such hearing shall be had, and it shall be served by delivering the same personally to the holder of such license, or to his or its manager or agent 815 Sec. 987. Public dance hall. Public dancing academy defined. For the purposes of this ordinance a public dance hall is hereb) defined to be a place maintained and conducted for the purpose of public "latum- therein, in which for <.-ti-.it i. >n paid directly or indirectly to the owner. proprietor or manager thereof, men and women arc per mitted to engage in dancing. A public dancing academy is hereb) defined to be a place maintained or conducted ex- for the purpose of giving public instruction in dancing, for which instruction a fee or charge is required <>r pa tfided, however, that if any such person receiving instruction be under the age of b> year-, the contract for such instruction shall l>e made with the parent or guardian Sec. 988. Hours of dancing. It shall be unlawful for an) nducting or maintaining a public dance hall ..r public dancing academy, or having charge or control titer. conduct, earn on or permit any dance or dancing therein between the hour- of 12 o'clock midnighl of any da) of the week other than Saturday, and o o'clock a. m. of the wing day, and between the hour- of 1_' o'clock midnight Saturda) and 6 o'clock a. m. of the following Monday Sec. 989. Minor not permitted. Exception. It -hall mlawful for any minor under the age of IS years, unless .me. I b) his or her parent or guardian, to enter, -main in any public dance hall at any time when a ed "ii therein, or to dance therein; and unlawful for any person conducting or main- i public dance hall to permit any minor under 18 irs to enter, be or remain in -itch public • i dance therein at any time while a dam e ss or being conducted therein, unless -itch minor mpanied b) his or her parent or guardian. Sec. 990. Intoxicating liquor prohibited. It shall unl.i i any person at any time when a dam. 816 dancing is in progress or being conducted in a public dance hall or public dancing academy, to take or bring into, or to cause or permit to be taken or brought into, or to be drunk in such dance hall or dancing academy, any intoxicating liquor, or to take or bring any intoxicat- ing liquor into, or to drink the same in, or to cause or permit intoxicating liquor to be taken into or to be drunk in any room or place connected with or used in connection with such dance hall or dancing academy, or in any place upon the same premises, or within the same enclosure in which such dance hall or dancing academy is situated : and it shall be unlawful for any person maintaining or conducting any public dance hall or public dancing academy to allow or permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or dance in any such dance hall or dancing academy ; nor shall am- smoking be indulged in, or be permitted to be indulged in, on the floor of any dance hall or dancing academy, or in any of the entrances or approaches thereto. Sec. 991. Public dance halls and public dancing academies to be lighted. It shall be unlawful for any person conducting or maintaining a public dance hall or public dancing academy to conduct any dance or dancing in such hall or academy after sunset of any day unless such hall or dancing academy be lighted either by gas or electric light, or other means, in such manner and to such extent as is usual or customary for lighting halls or rooms of like dimensions in the night time for public assemblies, before any person is admitted thereto, and before any dance or dancing is commenced therein, and unless such lighting shall be maintained thereafter without diminution and without interruption throughout the entire time while such dance or dancing is in progress, and until such dance or dancing is concluded and such hall <r to dance or be instructed in dancing therein between the hours of :lock p. m. and 12 "'clock midnight of an} day, unless such niin- t be panied by his or her parents or guardian, or bj some other adult person authorized in writing by such parent or guardian to accompany such minor; or unless the parent or guardian of such minor shall in person deliver to the person conducting such dancing written authorization permitting such minor t i. ed for instruction in such academj unaccom- panied at certain hours during a definite period. Sec. 993. Inspection by police. All public dance - and public dancing academies shall be open at all time- t.> the visit-, inspection and supervision of the police irtmenl of Salt Lake City: no known prostitute -hall ml said dance hall- or dancing academies, ami no person conducting or maintaining a public dance hall dancing academy shall allow or permit any known prostitute t" visit or attend such dance hall or danc- ing academy. Sec. 994. Improper, obscene dances. It shall be un- lawful for any person in any public dance hall or dancing demy in Salt Lake City to dance any improper, indecent - dame-. It shall be unlaw ful for any ■n m any public dame hall -t public dancing academy in Sal) Lake t it) i" dance those dance- commonly known and the "Turkey Trot," the "Texas Tommy," the "Grizzly Bear" or other dances of like character. It shall be unlawful for an) person conducting or maintaining an) public dame hall - >r public dancing academy t" permit air. per-. 'ii t.> 'lance <>r engage in any improper, indecent - aforesaid. 818 Sec. 995. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, in addition to the revocation of the license herein provided, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 819 CHAPTER XLV. PUBLIC I IFFENSES. tion 996. Abusive language. It shall be unlawful for any person to use abusive, menacing, insulting, slandei ir profane language within the limits of Sail Lake Cit} Sec. 997. Animals. Cruelty to. (See Section 9, Animals.) It shall be unlawful for any person to torture, cruelly beat, ill treat, maim or disfigure au\ horse or other animal within the limits of Salt Lake City, whether himself or to an< ither person. Sec. 998. Animals. Killing or poisoning. It shal unlawful for any person to wilfully kill any domestic animal. the property of another, "r to administer poison to an) such animal. or to expose any poisonous substance within the limil ill Lake City with the intent thai it shall l>e taken by any such animal. Sec. 999. Animals. Driving sheep through the streets prohibited. It shall be unlawful for any person to drive any herd of eattle. sheep, horses or hogs consisting of fifty ■ >r more. "\er or upon any of the public streets of Salt vided, hoivevcr, this shall not apply to the iside for that purpose by the board of commission) Sec. 1000. Animals. Keeping of within the city limits. It shall he unlawful for any person to keep or cause to be ithin the lin --alt Lake City, more than one • all' without a permit from the board of health. It •-hall be unlawful for any person to keep within the limil 'It l.ak. tny sheep, pig "r hog, witl m the lioarrl of health. 820 Sec. 1001. Assault defined. An assault is an unlawful attempt, coupled with a present ability to commit a violent injur}- on the person of another. It shall be unlawful for any person to commit an assault with the limits of Salt Lake City. Sec. 1002. Barbed wire fences prohibited. It shall be unlawful for any person to erect or cause to be erected in- to maintain any barbed wire fence along or adjacent to an\- street, or as a division fence between adjoining lots or parcels of land, either of which is occupied as a place of residence; any such fence so erected or maintained is hereby declared to be a nuisance, and any person so erect- ing or maintaining such a nuisance shall be deemed guilty of a public offense. Sec. 1003. Bathing. It shall be unlawful for any person to bathe or swim in any of the waters or streams within the limits of Salt Lake City, except in public or private bath houses, unless attired in a bathing suit of such a type as to prevent any indecent exposure of his person. Sec. 1004. Battery defined. A battery is any wilful and unlawful use of force or violence upon the person of another. It shalL be unlawful for any person to commit a batter}' within the limits of Salt Lake City. Sec. 1005. Bawdy houses. Disorderly houses. Keeping. Residence in. Resorting to. Owning. Having control of houses of ill-fame. It shall he unlawful for any person, within the limits of Salt Lake City. Utah, or within three miles of the outer boundaries thereof: To keep, maintain or permit to be kept or maintained upon or in any property owned, occupied or leased by or to such person, any bawdy, or other disorderly house, house of ill-fame or assignation house. To keep, maintain, or permit to be kept or maintained upon or in any property owned, occupied or leased by or 821 t.. Mich person, an) building, place or structure, resorted to or used in whole or in pan b) one or more females for lewdness or prostitution. resort t", or reside in any place mentioned in this ■n for tin- purpose of lewdness, prostitution, unlawful sexual intercourse or other immoral or illegal purpose. To keep a house of ill-fame resorted to for the purpose of prostitution or lewdness; or to wilfully reside in such hous rl thereto for lewdness. be the owner of an) building or tenement, the whole or any part of which i^ used for an) of the purposes men- tioned in this section. To have control of such building or tenement as agent, guardian or lessee of such owner; after written notice to such owner, agent, guardian or lessee thai such building < be guilty of following a lewd course of life. Sec. 1006. Billiard and pool tables and bowling alleys. Use of on Sunday prohibited. It shall be unlawful for any iffer or permit the use of an) public billiard or table, pin or bowling alley or nine or ten pin alley, day of the week commonly called Sunday. Sec. 1007. It shall be unlawful for the owner, keeper. man or employe in, any public billiard hall or pool hall in Salt Lake City, to permit or allow any person under ty-one years to visit, frequent or remain in such billiard hall nr pool hall. Sec. 1008. It sh.dl be unlawful for the owner, keeper. ■ in, any public billiard hall nr 822 pool hall in Salt Lake City, to allow or permit such billiard hall or pool hall to be or remain open for business between the hours of twelve o'clock midnight and six a. m. of the following day. Sec. 1009. Bonfires on paved street prohibited. It shall be unlawful for any person to build, maintain or assist in building or maintaining any fires upon any of the paved streets of Salt Lake City or within the fire limits. Sec. 1010. Bucket shops prohibited. (See Sec. 243). Bucket Shops Prohibited and Abolition of Same. Sec. 1011. Cheats and swindlers. It shall be unlawful for an_\' person or persons to conspire together or to use or practice any game, trick or device with intent to defraud, cheat or swindle another. Sec. 1012. Coasting on streets prohibited. It shall be unlawful for any person to coast or slide with any sled, sleigh, toboggan or vehicle, upon any public street, avenue, sidewalk or alley within Salt Lake City: provided, ln>:cr:\-r. that the board of commissioners, by public notice or procla- mation, may authorize the use of certain streets, avenues or alleys, for coasting during the winter season. During the period for which such notice or proclamation shall be issued, coasting and sliding upon such streets or avenues as may be designated by the said proclamation or notice shall be permissible. Sec. 1013. Concealed weapons. It shall be unlawful for any person to carry concealed upon his person any slingshot, brass knuckles, revolver, dagger, stiletto or other deadlv weapon. Sec. 1014. Dance house. (See Sec. 084). Dance Halls and Dancing Academies. 823 Sec. 1015. Defacing or destroying property prohibited. li shall be unlawful for an) person to wilfully injure, deface 0} property of another, either public or private, or goods, chattels or personal property ol another, epare an \ deadfall, or i" dig an_\ pit, or to arrange .m\ trap, t" injure another's person oi propi a, injure or remove an_\ monument, streel sign, or any marked as a boundar) oi an) tract ol land or cit) • injure, destroy, deface or alter the marks oi an) ument, or street sign, or to deface, injure or destroy an) fern untain, or an) -hade or fruit tree, or to r destro) aii\ kind of public or pri property, leface sidewalks or trees located upon public with painted or printed hand bill?, signs, posters oi I . ertisements. Sec. 1016. Discharge of fire arms prohibited. It shall be unlawful for any person to discharge ption, within the limits of Salt Lake Sec. 1017. Discharging of air guns, sparrow guns or flippers prohibited. It shall be unlawful for any person t<> • ■ anj air gun, sparrow gun, flipper or other similar within the limits of Salt Lake City. Sec. 1018. Disorderly houses defined. All bawdy if ill fame, assignation houses, all houses or requented or resorted to for lewd, unchaste, illegal immoral purposi Ml unlicensed public dance halls, and all houses or •here inl ng liquors are kept for sale or without a li utrarv to law, shall be deemed and be disorderly housi It shall be unlawful for any person within the limits - within three miles of the outer bound- knowingly keep a disorderly hou 824 It shall be unlawful for any person to knowingly visit, frequent or resort to a disorderly house except for a legiti- mate purpose. Sec. 1019. Disorderly person defined. All persons who shall engage in any illegal or improper diversion, or shall use insulting, indecent or immoral language, or who shall be guilty of any indecent, insulting or immoral conduct or behavior in Salt Lake City, shall be deemed a disorderly person. It shall be unlawful to be a disorderly person within the limits of Salt Lake City. Sec. 1020. Disurbance at public places prohibited. It shall be unlawful for any person to excite disturbance or contention at any public place, public house, court, election or any lawful meeting of citizens within the limits of Salt Lake City. Sec. 1021. Disturbance at religious meeting prohibited. It shall be unlawful for any person to disturb a public assembly, congregated for religious or other lawful pur- poses, within the limits of Salt Lake City, by undue noise, or bv offensive, unbecoming or indecent behavior. Sec. 1022. Disturbing the peace. It shall be unlawful for any person to maliciously or wilfully disturb the peace or quiet of another or of any neighborhood or family, by loud or unusual noise or by discharging firearms of any description, or by tremendous, lascivious or offensive con- duct, or by threatening, traducing, quarreling, challenging to fight or fighting or by the use of profane or blasphem- ous language. Sec. 1023. Drugs. Sale on streets prohibited. It shall be unlawful for any person to sell, barter or offer for sale or to dispose of by public outcry or otherwise, any drug. 825 medicine or other substance for the cure of an) disease lilment on any of the streets, alleys or highways within the limits ■ if v ali I ,ake ( it) . Sec. 1024. Drugs to be labeled. It shall be unlawful for ion carrying on business as a dealer in drills or medicines, or any person employed by such person, to fail or neglecl to label the containers of said drugs in a plain and legible manner, in the English language Sec. 1025. Drunkenness prohibited. It shall be un !a\\ful for any person to be drunk in any street, lane, alley "r other public place in Sail Lake City. Sec. 1026. Embezzlement defined. Embezzlement is the fraudulent appropriation of money or property b\ a jon to whom it has been intrusted. It shall be unlawful inj person to be guilty of embezzlement of money or other property of value nol exceeding fifty dollars. Upon any prosecution for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. Sec. 1027. Employment agencey. (See Sec. 717 i. Sec. 1028. Escapes. It -hall be unlaw nil for any person convicted of an; offense against the ordinances >>f Salt Lake . or under or the commission of any offense nst the ordinances of Salt Lake City, or in lawful ape from such custody. Sec. 1029. Expectoration and spitting in public places prohibited. It -hall be unlawful for any person t" expe< r throw cigar stump! ette stumps or quids loor of an) lilway car or other 826 public conveyance, or public building, or upon any paved sidewalk within Salt Lake City. Sec. 1030. Fowls, Prohibiting trespassing by. It shall be unlawful for the owner or any person in charge of domestic fowls, such as turkeys, ducks, geese or chickens, to permit such fowls to trespass upon the premises of another. Sec. 1031. Gambling and gaming. (See Sec. 811). Games on Street. Sec. 1142. Sec. 1032. Hotel runners. Solicitors. It shall be un- lawful for any person while employed as a hotel runner or solicitor for an}- hotel, boarding house, lodging house, or rooming house to fail to wear an appropriate badge, which shall have inscribed thereon the name of the place represented by him. Sec. 1033. Interfering with officer in discharge of duty prohibited. It shall be unlawful for any person in any way to interfere with, resist, molest or threaten any officer of Salt Lake City, while in the discharge of his official duties. Sec. 1034. Labor. Number of hours. Citizens to be given preference. It shall be unlawful for any person em- ployed by or under contract with Salt Lake City, to permit any workmen to labor more than eight hours per day. In the employment of workmen by Salt Lake City, <>r in the contracting of public work by Salt Lake City, or by any person contracting with Salt Lake City, preference shall be given to citizens of the United States, or those having declared their intentions of becoming citizens. In each contract for the construction of public works, the above provisions shall be inserted and a further clause to the effect that if the provisions of this section are not complied with, the contract shall be void. Loafing on Sidewalks. Sec. 1145. 827 1035. Minors. Enticing from parents or guardians prohibited. It shall be unlawful for an) person to use an) influence or otherwise to entice or persuade any minor, male < >v female, under the age of eighteen years from his or her parents, guardians or other persons having charge or cusl such minor, without the consent of such parents, Man- or custodians. Sec. 1036. Minors. Sale of tobacco to. It shall be unlawful for anj person to sell, give, or furnish anj cigar, or tobacco in any form, to any person under twenl .- age. 1037. Minors. Id. Purchase, accepting or having in possession. It shall be unlawful for any person under the age of twenty-one years to purchase, accept or have in hi- n any cigar, cigarette or tobacco in any form. Sec. 1038. Minors on streets at unreasonable hours prohibited. It shall be unlawful for minor persons under ige to be i>n any of the streets, alle public place- in Salt Lake City between p. m. and four o'clock a. m., except such minor l>e attended by some adult person. It shall be unlawful for any parent, guardian, or other person, having the and custody of any minor under eighteen illow or permit any such minor to go upon any of the streets, alleys or public places in - within the time hereinbefore prohibited unless inicd 1>\ an adult person. It shall be the duty or some one authorized bj him, mi bell at the fire station at nine o'clock some other signal to be given. Sec. 1039. Minors. Disorderly conduct. It shall be unl.i n under the age of Fifteen vears n or catch hold of, or to race alongside of, <> urinate <>r stool in any place "pen public vi. indecently exhibit any horse, hull or other be guilty of prostitution or any lewd, lascivious, or indecent conduct. ttei sp< ak an) obscene or lewd language. exhibit orm any indecent, immoral or lewd play 'T "tiler ntation. Sec. 1045. Obtaining money or goods under false pretenses. It -hall be unlawful for any person, by fraudulent representation or pretense, t<> obtain from another person any chose in action, money, g Is, wares, other valuable thing, with intent md any person of the same: provided, the obtained does not exceed fifty It -hall be unlawful for any person I" enter into public I place and call for refreshments or any md receive the same and depart, or from without paying or compensating in charge therefor. Sec. 1046. Opium dens. It -hall be unlawful for any maintain, or t • » become an inmati n any way contribute to the support of i where opium is smoked, or where S3 830 persons assemble for the purpose of smoking opium or inhaling the fumes of opium, or to suffer or permit any person to smoke opium or inhale the fumes of opium in any premises over which such person has control : provided. however, that the provisions of this section shall not be construed to apply to the keeper of a house or place where an habitual user of narcotic drugs is harbored, and who at the time is under the professional care of a lawfully authorized practitioner of medicine. Sec. 1047. Personating an officer. Acting or attempt- ing to act as special police officer. It shall be unlawful for any person to falsely represent himself to be an officer of Sail Lake City, or to attempt to personate an officer of said city, or without authority, to perform any official act or For any person appointed a special police officer to act or attempt to act as such officer at any other place in the city than the place where he was appointed to act : or to attempt to act as such officer after one year from the date of his appointment; or to wear any star or other insignia of such office at any other place than the place where he was by his appointment to act; or to wear any such star or other insignia of office after one year from his appointment to such office. Sec. 1048. Petit larceny defined. Petit larceny is the felonious stealing, taking, carrying, leading or driving away of the personal property of another, when the personal property so taken is of a value not exceeding fifty dollars. It shall be unlawful for any person to commit the offense of petit larceny. The possession of property recently stolen, when the party in possession fails to make a satisfactory explanation, shall be deemed prima facie evidence of guilt. Sec. 1049. Posting bills without permission. It shall be unlawful for any person, acting for himself or through an agent, or for such agent to print, paint, write, mark 831 in ,tii\ u.i\ post up an) notice, card, advertisement or upon any tree, posl or pole, upon any street iny tunc or to post an) such notice, cud. advertisement •!ur device upon an) wall, fence, tree, post, pole, building ither property, without the permission of the owner or ii in charge thereof. 1050. Prisoners. Furnishing weapons, tools, in- toxicating drinks or other articles to prisoners prohibited. It shall be unlawful for an) person to furnish or to attempt to furnish or take into the cit) prison, or to deliver or mpl t<> delh n) prisoner therein confined or in the custod) of an) officer of such prison, an) weapon, tool, ■ Irmk. drug or other article without the consent nicer in chai Sec. 1051. Prostitutes. It shall l>c unlawful for any woman to pursue, or advertise in any manner, her vocation tute, or to be guilty of prostitution. it shall be unlawful for an) prostitute to be in or upon the public street- of Sail Lake City, or in any doorway, win. low or place open to public view from the public illeys of Salt Lake City, between the hour- of m. and seven o'clock a. m. of the following stitute be on lawful business. Sec. 1052. Public library. It shall be unlawful for mark, tear or in any manner injure, del any book, pamphlet or other propert) of public library. It shall be unlawful for any person •urn ,m\ ho^k. pamphlet or other propert) public library within five days after the receipt from the librarian thereof, demanding the return such property. Sec. 1053. Reckless riding or driving. It shall be unlawful for an) person, by rilling or driving immoderately 832 or recklessly, to run any horse, mule or other animal at an excessive rate of speed in any of the streets. Sec. 1054. Registers to be kept in hotels, boarding houses, rooming houses and lodging houses. It shall be unlawful for the keeper of any hotel, boarding house, lodg- ing house, or rooming house to fail to keep a register in which such keeper shall require each guest to write his or her name and place of residence, before occupying any of such sleeping rooms; or to fail to enter on such register opposite the name of each guest, the number, letter or other designation of the room assigned to such guest, or to fail to keep such register open to public inspection at all times. Any person, be he owner, proprietor, clerk or any other person having regular or temporary charge of any hotel, boarding house, lodging house or rooming house, who shall violate any provision of this section shall be deemed guilty of a public i iffense. Sec. 1055. Riot. Any use of force or violence, disturb- ing the public peace, or any threat to use sucn force or violence, by two or more persons acting together and without authority of law, if accompanied by immediate power of execution, is a riot. It shall be unlawful for any person to participate in any riot. Sewer. Injury to Prohibited. Sei 1099 Snow to be Removed from Sidewalks. Sec. 1146. Sidewalks. Obstructing. Sec. 1139. Receiving Goods on. Sec. 1140. Sidewalks. Driving or Riding on. Sec. 1141 Sidewalks, (lames cm. Sec. 1142. Sidewalks Loafing on. 1145. Sidewalks. Snow to be Removed. Sei 1146 Sidewalks to be Swept. Sec 1148 Sec. 1056. Signs over streets, etc. It shall be unlawful for any person to construct or maintain any signs made of paper, muslin, cloth, or Other light inflammable material on the outside of any building or structure within the fire limits. 833 Sec. 1057. Streamers, etc. li shall be unlawful for any person, firm or corporation to construct, erect or maintain anj streamers, banners -. or suspend the same o an) public street or alley of Salt Lake City without obtaininga do from the board of commissioners, application for which shall specif) the width and length of sai ordinance. Sec. 1059. Street cars. Crossings, li shall be unlawful person t" drive or propel in any manner, any ross any street intersection in the districl nded on the north by the north line of South Temple n the east by the east line of State street, on the th l>_\ the south line oi Fourth South street, and on the west by the west line of West Temple street without full stop within ten feet of such intersection, nding the gong of such car before starting shall I"' unlawful t.> propel, drive or m.'|> any street in the paved >li>tric; so as to obstruct any cross-walk ion. Sec. 1060. Sunday. Performing unnecessary labor or business on. It shall be unlawful f.>r any person to perform • >1" any business on Sunday, ex the labor performed by employes of such works a- are ■ rati, iti Sec. 1061. Trespass. It shall be unlawful for any ike down any fern to let ib >w n any bar-. tny enclosun 834 ride, drive, walk, lodge, camp or sleep upon the premises of another without the permission of the owner or occupant thereof. Sec. 1062. Vagrancy defined. Every person, except an Indian, without visible means of support, who has the physical ability to work, and who does not seek employ- ment, nor labor when employment is offered him ; every healthy beggar who solicits alms as a business: every person who roams about from place to place without any lawful business: every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn. shed, simp, out-house, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every lewd or dissolute person who lives in and about houses of ill fame, every woman who from doorways, on the street, or any other place, solicits men for immoral purposes, every common prostitute, and every common drunkard, is a vagrant. Any person who commonly practices, or who follows the occupation of exacting money, tribute or support from any person by means of threats, or coercion, for any pur- pose whatsoever, shall be deemed a common vagrant. It shall be unlawful for any person to be a vagrant within the limits of Salt Lake City. Weeds. Sec. 1144. Sec. 1063. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars, or by imprisonment in the citv jail for a period not longer than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period ti.it exceeding thirty days. 835 CHAPTER XLVI. PUBLIC W < IRKS. Section 1064. Board of Commissioners. Powers. The mmissioners shall have, p — ess and exercise all utive, administrative and legislative powers and duties now had, possessed and exercised by the mayor, city council and board of public works. Sec. 1065. In construction of public works citizens of the United States given preference. In employing workmen the construction "i public works b) the municipality ns contracting with the municipality, preference -tin.il be given citizens of the United States, or those ha tlu-ir intentions of becoming citizens. In each the construction of public works the provisions shall be inserted to the effeel that it' the provisions of this itc nut complied with tin- contract shall be void. Sec. 1066. Contracts. Every contract made by -aid shall contain such stipulations as shall require the •ud maintain good and sufficient guards, ■ all unsafe | it or mar where rk "r improvement contemplated by tin- contractor also such stipulations a- will render ■id In- bondsmen in every case liable t<> the any liability that it may incur for any injury that iffer bj reason of the failure t" erect •i such good and sufficient barricades, guards • -hall also contain a provision, that injury t.. any person -hall arise by reason of nd maintain such barricade-, guards and hi- 836 agents or employes, during the performance of the contract or before the warrants to become due on the contract shall have been delivered, the city and its officials may withhold such payment so long as shall seem necessary for the indem- nity of the city. Such contracts shall also contain a pro- vision that when the contractor shall remove any earth from any street, alley or other public place, the same shall, when replaced, be solidly tamped, and shall make such further rules and regulations in the said city's behalf as will insure full protection to the city from loss or liability, and make such further stipulations in such contracts as will insure the city from all loss or liability that may arise by reason of the carelessness and all negligence of such contractors, their agents or servants. Sec. 1067. Specifications. Advertisements. It shall be the duty of the board, in connection with the city engineer, to supervise and prepare all specifications for sewer work, paving, macadamizing or repaving, or other work when necessarv to be let by contract, and to advertise for bids fiii' the work to be done for a period of nut less than twenty days, in a newspaper of general circulation, published in the city, and in such other additional journals as may be deemed expedient. 837 CHAPTER XLVII. Ml Rl >ADS, STREET R \H.K< ' VDS. Section 1068. To repair sewers, street crossings, etc. All structing railroads within the limits of Salt Lake ibject t" the following regulations: hall, at their own expense, construcl and keep in pair all water ducts, sewers, drains, street ing basins, and all fixtures connected there I with the distribution of water or sewage in said be affected thereby. The construction, nd repairs must be done under the direction of streets and public impi ents and sub- the approval of the board of commissioners. Sec. 1069. Viaducts and bridges. Tracks on grade. \11 raid panies shall, at their own expense, construct via- — streets, now existing or here- ecting the embankments or excavation is; they shall als" make such grades or pinion of the board of commissioners, uired to make the passage over the railroad isy and convenienl for all the purposes for usually used; and they shall make such tln-ir embankments and excavations may quired l>y the board of commission ble viadi er all streets when life or ie endangered l>y the ordinary public usi hich such railroads arc 'I make their railroad tracks conform ifter be, the established grade of the through which their railroads pass; and no 838 company shall have the right to take up, remove, carry away, or cause, or permit to be taken up, removed, or carried away, any rock, gravel, earth, or other material from any street or public place, for any purpose, except by permission of the board of commissioners, and under the direction of the supervisor of streets and public improvements. All rail- road companies shall plank between all rails, and for two feet on either side of the outer rail, on all streets that cross the said tracks, said planking to be for the full width of said cross street and sidewalks, unless otherwise directed by the board of commissioners. Sec. 1070. Obstructions. If, at any time after the com- mencement of the construction of any railroad, it shall appear to the board of commissioners that any pan thereof shall constitute an obstruction or impediment to the ordinary use of any street or place, or that it is being operated con- trary to the regulations of the city, the said railroad company shall, on notice from the board of commissioners, and within the time therein specified, provide a remedy satisfactory to said board; should the said company neglect or refuse to obey the directions of such notice, the board of commissioners •may, upon the expiration of the time limited in such notice, cause the obstruction or impediment to be removed, and the street or place restored at the expense of the said railroad company. Sec. 1071. Crossing other tracks. Nothing in any ordi- dinance or resolution granting a right of way, or franchise for a railroad, shall be construed to prohibit the board from granting permission to any other railroad company to cross any railroad track already laid, and when any railroad shall intersect any other railroad, the rails of each shall be so cut or altered as to permit the cars to pass without obstruction. It shall be unlawful for any person to wilfully obstruct any railroad in the manner herein prohibited. The tracks of all railroads shall be laid in the center of the streets, unless otherwise directed by the board of commissioners. 839 Sec. 1072. Speed. Ii shall be unlawful for any person to nm any locomotive, nam or cars operated bj -tram. between Ninth South street and Eighth North street in Sail Lake Citj at a greater speed than twelve miles per hour. Sec. 1073. Bells. It -hall be unlawful for any person ployed "ii a locomotive to fail to continuously ring the bell "ii such locomotive while in motion in the inhabited portions of the city. Sec. 1074. Crossings. Ml locomotives, car- and trains required to come t" a full stop before crossing any other of railroad, and at a distance of ii"t loss than fi therefrom; and when two train- arrive at the same cross- ultaneously, the train on the first constructed track shall have precedence in crossing. It shall be unlawful for person to permit any train, engine or cars to stand in or sidewalk or crossing so as to obstruct ordinary travel thereon, or t" operate -witch engines struct the free passage over or the > if said stn Sec. 1075. Rights reserved to the city. The rights of he kind i in be used in the city in pro- pellii "ii and along railroads, and the speed of the er with the price of the license <>r tax to be paid by virtue of any grant "r contract, be such right passes to the grantee; l>m r with all other powers I in the mmissioners for the regulating, controlling or id city, ined and reserved. Sec. 1076. Regulating running of street cars, carrying passengers, etc. It shall unlawful for any person, firm or rating an) street railway within 840 the corporate limits of Salt Lake City, to run any car on or over any track so owned or operated, without having in charge of such car a motorman and a conductor. When more than one car is attached to a motor car, each such car shall be in charge of a conductor. Sec. 1077. Hauling freight prohibited. It shall be unlawful for any person, firm or corporation operating a street railway under a franchise or charter from Salt Lake City, to haul, carry or transport, or suffer or permit to be hauled, carried or transported over or upon the track or tracks of such street railway, within the limits of Salt Lake City, an}' matter or thing except passengers, parcels or bag- gage of such passengers, -and United States mail, unless permitted so to do by the terms of the franchise, or special permission so to do is given by the board of commissioners of Salt Lake City. Sec. 1078. Flagmen at crossings. That the Denver & Rio Grande Railroad Company be, and it hereby is required to station and keep a flagman continuously between the hours of 6 o'clock a. m. and 12 o'clock midnight of each and every day, at each of the following places, for the purpose "i warning pedestrians, drivers of vehicles, street cars and others crossing its tracks, of the approach of its engines and cars : At Second South street, between Fifth West and Sixth West streets, where its tracks cross said Second South street; at Fourth South street and Fifth West street, where its tracks cross said Fourth Smith street; at Sixth South and Fifth West streets, where its tracks cross said Sixth South street: and at Seventh South street and Fifth West street, where its tracks cross said Seventh South street. It shall be unlawful for any person maintaining or oper- ating a railroad within Salt Lake City to fail or refuse to station and keep flagmen at such crossings and for such time each day as may lie required by resolution of the board of commissioners. 841 1079. Penalty. Upon failure to comply with each and all of the provisions of Sec. 1078 of this ordinance, sail! Denvei & Rio Grande Railn npany --hall be deemed guilt) of violating this ordinance, and upon conviction thi shall be punished In a fine of nol more than fifty dollars, .md each day said compan) shall fail to comply with each and all of the terms of said Sec 1078 shall he deemed .i irate offense, ami upon conviction shall he punished rdingly. Sec. 1080. Speed of street cars. It shall he unlawful to run _;reater rate of speed than i< herein i>u Main street, State street ami West pie street between the north line of South Temple nth line of Seventh South street, on South Second South. Third South ami Fourth •h -trcct^ between the east line of Second Easl street ami the west line of West Temple street, the rate of speed cceed nine miles per hour, tin all other streets the : shall not exceed twelve miles per hour. < »n ir \laduct the rate of -peed shall not exceed five es per hour. No car shall pass around any curve at a -peed than five miles per hour. Sec. 1081. Cars to be provided with gongs, etc. All shall be provided with a gong, bell or whistle, which shall be sounded within a reasonable dis md while crossing any intersection d north by the n< >rth line . on the south by the south line of -: by the east line i if Sea md ■ by the wesl line of Second West tnd >uch gong shall also be sounded at all times and the first appearance of danger to any n. anim hide. 1082. Drivers of approaching cars to exercise great care. When any shall approach another car 842 which has been stopped to take on or let off passengers, or for any other purpose, the operator of the first mentioned car shall approach such car with the greatest care and cau- tion, and at the lowest rate of speed possible, and said first mentioned car shall be under the complete control of the person running the same; the person running said car shall sound its bell or gong as it approaches such car, and shall sound its bell or gong continuously until such car shall have been passed. Sec. 1083. Cars not to block crosswalks, etc. \"o car shall be allowed to stop so as to block a crosswalk, nor in front of any intervening street, except to avoid collisions, or to prevent danger to persons or property in the street ; nor shall the car be left standing in any street or highway at any time unless the same be waiting for passengers. Sec. 1084. Cars to be kept under control, etc. The conductor, motorman or other person in charge of each car shall keep a vigilant watch for all teams, vehicles, persons on foot, and especially for children, either on the track or tracks, or near the same, or moving toward the same, and on the first appearance of danger to such team, vehicle or person, said car shall be placed under careful control, and shall be stopped in the shortest time and space possible. Sec. 1085. Cars to be marked, etc. All cars shall be plainly marked on both sides with appropriate lettering, indicating the street.-, or routes upon which the same run. Sec. 1086. Gong to be sounded, etc. Where the cars stop at the end of a track or route, such car shall sound its bell or gong at least one minute before starting • on its return trip. Sec. 1087. Fenders on street cars. It shall be unlawful for any person owning, operating, running or in charge of anv 843 propelled by electricity, cable or other motive power, except snow-plow car- and sweeper cars, to operate or run such car upon any street, unless such car is equipped with fenders projecting beyond the front platform of such car. and designed t" catch and sustain and prevenl injurj to anj human being who may be in the way of such cai . that when two or n upled and oper ated and run together, such lenders shall he attached to the car. but need n« >i be attached to the others. Sec. 1088. Penalty. Any person, firm, company or ■ ■r.iti"u. or any employe, agent or servant of any such ■n. firm, company or corporation violating any of the ns of thi- ordinance shall, upon conviction thereof. be punished bj a fine of not less than $25 nor mine than imprisonment in the city jail not more than six •!i-. or by both such fine and imprisonment. CHAPTER XLVIII. REVENUE. BOARD OF ESTIMATE AND APPORTIONMENT. Sec. 1089. Board of estimate and apportionment. There shall be a board of estimate and apportionment which shall consist of the mayor, commissioners and auditor. The mayor shall be president, and the city recorder shall act as secre- tary thereof. Sec. 1090. Estimates of anticipated revenues and esti- mates of expenditures and apportionment of the estimated revenues. Meetings of the board shall be held upon the call of the president or as directed by the board. The first regular meeting shall be held on the second Monday of January of each year, and shall continue from day to day as may be necessary. The second regular meeting shall be held in the month of July of each year as hereinafter pro- vided. At the first regular meeting the board shall make an estimate of the anticipated revenues of the fiscal year. showing the source of each item of revenue. The board at the same time shall make an estimate of the several sums of money which it deems necessary to pay the expenses oi conducting the business of the city in each department and office thereof, and for the various purposes contemplated by this ordinance and otherwise by law for the fiscal year, and also to pay the principal and interest on any city indebted- ness falling due during the year not otherwise provided for. The head of each subordinate department --hall submit to the commissioner of such department, for submission to the auditor not later than the 31st day of December of each year, a detailed estimate of expenditures required for the ensuing year. Every item of expense or improvement for 845 which an apportionment is desired shall be separate^ shown. The auditor acting as member of the board shall submit to i1k- board a detailed estimate of anticipated revenues show i each item of revenue and a detailed st; ment showing the actual expenditure: h department or d with the amounts estimated l>\ the In lepartments or boards, [n case the board reduces the of expenditures submitted by the head of any irtmenl ; . the head of such department or board given a hearing before the board determines the ippi irtioned. regular meeting of the board shall be held during the month of July of each year, the the commission, and shall consider ach department or board foi . and the requests for additional and the board shall make such further lay be deemed necessarj and that can vithin the limits of the estimated additional made l>\ said board, they shall rd "t" commis n there- ■I -hall have adopted the estimates une -hall lie entered in detail in the ■n. The several sums contained i nues and ..t' moneys necessarj in addition thereto, t.. paj the ex- usiness of the city, shall be and amounts and for the several I purposes named therein for the 846 The several officers, boards and departments of the city shall be governed by the apportionment, and no debts, expenses or liabilities shall be incurred, either in excess or independent of the amounts respectively allotted to said officers, boards or departments, except as provided in Sec. 905 of these ordinances. 847 CHAPTER XLIX. SE \l. ( »F SAL I L \KI I I IT. Section 1091. Description of seal. The corporate seal of Lake City -li:i 1 1 be circular in form, nol to exo and three-fourths inches in diameter, and shall contain in n> impression, in the center thereof, a fac-simile of the \ and county building and underneath it, the words the whole surrounded by a scroll and the Is "Salt I ,ake i 1 1 \". Utah." 848 CHAPTER L. SECOND HAND AND JUNK DEALERS. Section 1092. Second hand dealer defined. Any person who keeps a store, office or place of business for the purchase or sale of second hand clothing or garments of any kind, or second hand goods, wares or merchandise, except books, musical instruments and curiosities, or who engages in the business of dealing in second hand goods, is hereby declared to be a second hand dealer. Sec. 1093. Junk dealer defined. Any person engaged in buying and selling old metals, glass, rags, rubber, paper or other junk is hereby declared to be a junk dealer. Sec. 1094. Dealing with minors prohibited. It shall be unlawful for any second hand or junk dealer by himself, his agents or servants, to purchase or receive any personal property of or from any minor under the age of eighteen years. Sec. 1095. Record. It shall be unlawful for am second hand or junk dealer to fail to keep a substantial and well bound book, in which he shall enter at the time of purchase, in the English language: First. A true and accurate description of every article purchased by him. Second. The name, age and residence of the vendor. Third. The amount paid. Fourth. The date and hour of purchase. All entries shall be made with ink in a legible manner. All records of second hand dealers and junk dealers shall be open to inspection by any police officer at any time. 849 Sec. 1096. Penalty. Am person violating any of the irdinance shall, upon conviction thereof, he punished by a fine in any sum net exceeding fifty dollars by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter the judgment, that in default of the payment of the fine the defendant may be imprisoned in the cit) jail riod not exceeding thirty days. 19, Pawnbrokers. nd-1 land I )ealer's I .ici 830 CHAPTER LI. SEWERS. Section 1097. Sewer districts. There shall he two sewer districts, described as follows: Beginning at the intersection of the north boundary line of Salt Lake City and the center line of Section 14, township 1 north, range 1 west. Salt Lake meridian: thence south to the center of Section 23, township 1 north, range 1 west: thence east to the center line of the countv road, called Beck street; thence southeasterly along the center line of Beck street to the intersection of the center line of • iarnet avenue in the "Warm Spring subdivision ;"' thence south to the center of block 107. plat "A;" thence east to the center line of Third West street ; thence south to the center line of Eighth North street ; thence east to a point opposite the center of block 156, plat "A ;" thence south through the center of said block 156 to the center of block 151, plat "A:" thence east to the center line of Second West street : thence ^outh to the center line of Sixth North street; thence east in a point opposite the center of block 139. plat "A:" thence smith through blocks 139 and 132 to the center of block 121, plat "A;" thence west to the center of block 120, plat "A;" thence south to the center of block 115. plat "A;" thence west to the center line of Third West street; thence south to the center line of Second North street; thence west to a point opposite to the center of block 101, plat "A;" thence south through the center of said block 101 to the center of block 98, plat "A;" thence west to the center line of Fourth West street; thence south to the center line of South Temple street: thence east to a point opposite the center of block 80, plat "A ;" thence south through the center of said block 80 to the center of block 65. plat "A ;" thence cast to the center line of Third West street: thence 85] h to the center line of Second South streel ; thence ■ . point opposite the center of block 61, plat "A;" then h to the center of said block 61; thence easl to the i i' line 5< ■nil \\ est street ; thence south to the center line of Third Smith street; thence east to a point the center of block 49, plat "A;" thence south to 1 block 49; thence easl to the center lim ■ ; thence smith to the center line of Fourth t; thence east to a point opposite the center of k 41, plat "A;" thence south to the center of said block 41; then through blocks 41. -In and 39 to the center line thence south t" the center line of Fifth street; thence east to a poim opposite the center \ ;" thence south to the center of said ; : thence east to the center of Mock 36, plai "A;" •he center of block l l ». plat "A:" thence easl block 21, plat "I'.;" thence south to the ter line - Soutl street; thence easl to the mirth 1 thence south to a point nter of block 9, plat "!'.:" thence east to lid block 9; thence south to the center of plat "I'.;" thence east to the intersection of the St street: thence south to the center Twelfth South street, said center line being the 'are line of Salt Lake City. All that portion lyin. died dividing line shall be 1 and that portion lying wesl of said i Sewer I >i-trict No. _' Sec. 1098. Superintendent. The citj engineer shall he ntendent of sewers, and the entire sewer • hi- immediati supervision Sec. 1099. Injuring sewer prohibited. It -hall he nn- vilfully injure, break, or rei 852 any part or portion of any sewer or any sewer appliance or appurtenance. Sec. 1100. Obstruction. It shall be unlawful for any person to empty or discharge into the public sewers any night soil, garbage or other similar matter, or any matter. or thing likely to obstruct the sewer. Sec. 1101. Man-hole covers. It shall be unlawful for any person t<> open any sewer man-hole without permission from the superintendent of sewers. Sec. 1102. Discontinuance of privy vaults and cesspools. It shall be unlawful for the owner or owners of any property within this city, or his, her or their agent or agents, or other person or persons having charge of or occupying such property, said property being located upon any street, alley, court, passageway or area, and within four hundred feet of a sewer along any street or alley of this city, to neglect nr refuse, for the period of twenty days after notice from the board of health of this city, to discontinue the use of. clean out, disinfect and fill up all privy vaults and cess- pools on such propiTty, or to neglect or refuse for such period after such notice to remove the scat or seats from all outside closets on such property. Sec. 1103. Sewer connections. It shall be unlawful for any person to connect any drain or sewer pipe with the public sewer, unless such person is a duly licensed drain- layer or plumber. Sec. 1104. Permit. It shall be unlawful for any person to commence or to carry on the work of laying, repairing, altering or connecting any sewer pipe with the public sewer, without first having a permit so to do from the super- intent of sewers. Such permit must be on the ground 853 during the whole time the work is in progress, and must iny person demanding to see it. Sec. 1105. Application for permit. Plans. Fees. Appli- permit for sewer connections huim be made in writing by the owner of the premises, or his authorized ind must be accompanied by a plan, showing the mnection, its size and the size and location tii be connected with it. The application ier with a fee of $1, shall be deposited with the superintendent of sowers, which plan shall be examined I erintendent of sewers, and if in his judgment, rying oul of such plan will cause no injur) to the n which the sew In to be connected with is the carrying out of improvements projected, after be made "ti said street or prejudicial the interests of persons whose property has been onnected with said sewer and that all thin. inform to the ordinances of the then the application t" connect with the sewer shall t" the provisions of these ordinances. n- shall be put into line and grades bj the citj engineer, who shall prepare a mnection and file such plat in his office. rtd filing the engineer shall collect a fee ti ii" permit shall be issued for, nor nnection !>c made with what is known ;h the the fixtures in the house or nnected with said sewer are lower than the • of the sewer on Fifth South street at sew er al Eighth \\ esl and Sec. 1106. Revocation of permit. Ml permits for sewer plumber or drain-layer who n the board of commissioners may. at e w.irk or other cau 854 or upon the request of the person at whose instance the permit is issued. Sec. 1107. Discharge of surface water prohibited. It shall be unlawful for any person to connect with the public sewer any drain or pipe which discharges rain water, cellar or surface water, or the contents of any spring, creek, ditch or other water course, or any steam exhaust or blow-off. Sec. 1108. Other pipes. It shall be unlawful for any person to lay any gas or water pipe, or other conduit within two feet of any public sewer. Sec. 1109. Sewer connections, etc. h shall be unlawful for any person to construct or attach any private drain with the public sewers of Salt Lake City, except upon full compliance with the provisions of this ordinance. All drain pipes shall be not less than four 1 4 1 nor more than six (6) inches internal diameter, and from the house or building to a point three (3) feet outside the wall or foundation thereof shall lie of cast iron, and from that point to the main sewer connection may be of either cast iron, vitrified clay pipes, or glazed cement pipe, at the option of the owner of the premises with which said sewer con- nection is to be made. The cast iron pipe shall be sound, free from holes or cracks, without traps, valves or other obstructions which might prevent or retard the free passage of air or sewage. The following weights per linear foot will be accepted: 4-inch, standard. 6'j pounds per linear foot. 4-inch, medium, 9 pounds per linear foot. 4-inch, extra heavy, 13 pounds per linear foot. In the use of 5 or 6-inch iron the corresponding standards may be used and all fittings used in connection with any of the above sizes shall correspond with it in weight and quality. The joints shall be made of lead, thoroughly calked, oakum gaskets shall be used in all joints, tightly calked 855 is i" prevent lead from being forced through and forming ns "ii the interior i if the pipe. All vitrified clay pipe shall be of the best quality salt It shall be straight, smooth, thoroughly vitrified, m lumps, blister and other defects, of true cylindrical shape and the inner and out ices shall be concentric, .in.! the standard length shall be nol less than two (2) feet with ! i-inch cement space in the bell. The walls shall be nol than ,",. of an inch in thickness for four (4) inch l>i|H\ and ii"t less than y% of an inch in thicknes for pipe six ni hes internal diameter. All glazed cement pipe shall be first class, sound Tin. and no pipe shall be used which is less than ninety - old, nor containing more than 10 per cent of voids, and inner surface shall be smooth ami free from ■'v kind. The standard length shall be not less than two and thickness ti"t less than three-fourths inch for tour inch pipe, and fifteen-sixteenths inch for pipe six (6) inches in interior diameter with cement space in the bell of three-eighths inch f<>r both sizes. Ml joints in vitrified clay cement pipe shall be made in the best possible ner with oakum gaskets and cement mortar tamped in with I inches wide and must be water tight, cture shall bi osed of one part cement ne half parts "i sand, and all pipe must be of the ility, and laid <>n a firm bed. straight to line and the city engineer, on a uniform grade not less for four (4) inch pipe, and nol inch pipe. All changes in direction must be made by thi - of not more than one-eighth bend. ut must be located five feet inside of the nd in all list be iron pipe from the Y und with a bi in-out plug. In case vitrified clay .>r glazed cement pipe is used, the f the trench shall ti. >t be made until the cement 856 joints shall have set fourteen hours after having been made. The superintendent of sewers and the plumbing inspector are hereby charged with the duty of enforcing this ordinance. Sec. 1110. Pipes. How covered. All sewer connections must be covered with at least eighteen inches of earth, which, for the first six inches in depth must be free from stones or rubbish, and the entire back-filling must be thoroughly tamped. Sec. 1112. Assessments must be paid. Whenever prop- erty or a part of any property to be drained by a proposed private drain or sewer connection, has been previously assessed for any sewer extension, and any portion of such assessment remains due and delinquent at the time of appli- cation for a permit for such connection, no permit shall be issued until such delinquent assessment has been paid. Whenever property proposed to be drained by a private drain or sewer connection has not been assessed for the construc- tion df the sewer to which such connection is proposed to be made, if said property abuts upon the street in which such sewer is located, no permit for such connection shall be issued by the superintendent of sewers, nor shall such con- nection be made until the owner of said property so pro- posed to be connected with said sewer, or the applicant for such permit shall have paid into the city treasurv a sum equal to the price per front foot assessed against the propertv nearest the property proposed to be connected with the sewer multiplied by the number of feet in the propertv to be benefited by such connection with said sewer. And in case the property proposed to be connected by a 4 or 6-inch house connection with a sewer in the streets of this city does not abut upon the street in which is located the sewer to which connection is sought to be made, no permit for such connection shall be issued by the superintendent of sewers, nor shall such connection be made until the owner of the property proposed to be connected by a 4 or 6-inch 857 house connection, or the applicant for such permit shall have paid into the city treasury the sum of fifty cents per front foot for each fool of the property to be benefited by ed connection with said sewer. Sec. 1113. One thousand foot drains, h shall be unlaw fnl for an) person to construct any private drain connection with the public sewer, of a length of one thousand feet or over, except under such regulations and restrictions as may be prescribed by the board of commissioners in each instance. Sec. 1114. Notice. It shall be unlawful for any person t>> construct or attach any private drain or house connection directl) or indirectly with the public sewer, without first having received the regular permit from the superintendent of \\ '>rk done without notice or without inspection shall be treated as defective work, and shall be condemned and uncovered, and relaid, if necessary, to the grades given ity engineer and inspected by the plumbing inspector iper permits being taken out by a duly licensed plumber, the expense for same to be borne by the property and the license "t' the plumber or drain-layer doing tive work shall be revoked. Sec. 1115. Junction pipes. Unless otherwise directed in permit, all private sewers or house drams must be con vith junction pipes, slants or "Ys," laid in the sewer during construction. The connection point with the sewer 1 before opening the trench for the rest rk. \ll trenches must be of sufficient width, and in such manner as t" admit of easy inspection, and all "ti-. with the public sewer must be made in ■hi- inspector. In all here there is no junct slant or "Y" in the sewer at the point where made, the opening of the -ewer and uch connection must be in strict accordance with thi nd direction of the superintendent under ' rvision. 858 Sec. 1116. Inside of drain. All drains connected with the public sewer must be left smooth and perfectly clean on the inside, and all dead ends must be securely stopped by bricks and cement, or other water tight and imperishable materials. Sec. 1117. When permits not issued. Permits to con- nect with the public sewer must not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of Chapter 40, unless a special permit for such conection is granted bv the super- intendent of sewers. Sec. 1118. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty flays. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 8S9 CHAPTER LII. SIDEW AI.KS. Section 1119. Districts. The following sidewalk districts ireated, defined and established as follows, viz: District No. 1. Both sides <i-tnct No. (\ Until sides of Third South street, easl Mam street to the military reservation. •ri«-; No 1 Both sides of West Temple street, be- tween South Temple and Eighth South streets. District No 8. Both sides of Main street, between le and Eighth South streets. -•net No 9 Both sides of State street, between ■id Eighth South str< District No. 11. Both sides of First West street, be- nple and Eighth South stn 12. Both sides of Main street, between ■ North - 1 it. 13 Both sides of South Temple -treet, Main - "Third West -treet. 14 Both sides of Fourth South -treet. lilitary reservation IS Both -ides of Fourth South street, from ifth H est -treet. 860 District No. 16. Both sides of Second East street, be- tween South Temple and Eighth South streets. District No. 17. Both sides of South Temple street, from Mam street to the military reservation. District No. 18. Both sides of Fifth East street, be- tween South Temple and First South streets. District Xo. 19. Both sides of State street, from South Temple street to Second North street. District No. 20. Both sides of all public streets, avenues and alleys in plat "A," Salt Lake City Survey, not heretofore included in any sidewalk district, except State street from South Temple street north. District Xo. 21. Both sides of all public streets, avenues and alleys in plat "C," Salt Lake City Survey. District Xo. 22. Both sides of all public streets, avenues and alleys in plat " B," Salt Lake City Survey, not hereto- fore included in any sidewalk district. District Xo. 23. Both sides of all public streets, avenues and alleys in plat "!•"," Salt Lake City Survey, ii"t hereto- fore included in any sidewalk district. District No. 24. Both sides of all public streets, avenues and alleys in plat "D," Salt Lake City Survey. District No. 25. Both sides of all public streets, avenues and alleys in plat "G," Salt Lake City Survey. District No.- 26. Roth sides of First avenue, from the east line of State street to the east boundary of plat "If also both sides of Second avenue and Third avenue from the east line of Canyon road from State street to the north boundary of plat "I." District No. 27. Both sides of all public streets, avenues and alleys in plat "E," Salt Lake City Survey, except State street. District X". 28. Both sides of all public streets, avenues and alleys in plat "J," Salt Lake Citv Survey. District No. 29. Both sides of all public streets, avenues and alleys in the following described district : Beginning at the northwest corner of the intersection of Fifth East and 861 Tenth Soutl thence «. ;i>i to the cast line of Fifteenth thence south to a point opposite the south line of 1"! 15, M<>ck 10, Five Acre plat "C," thence west to the Ninth East street, thence north to the south line nli street, thence wesl to the west line of Fifth treet, thence north to the place of beginning. Both sides of Third Easl strei tween Eighth South and Ninth South streets, in plat "A," ity Survey, and both sides of said Third I een Ninth South and Tenth South streets in re plat "A." Big Field Survey. District No. 31. Both sides of Second Wesl street, b< th S.mtli and Ninth South streets, in plat "A," ity Survey, and both sidi rid Second V between Ninth South and Tenth South streets in Vcre plat "A." Big Field Survey. District No. 32. Both sides of Eleventh Easl street, Ninth South and Eleventh South streets, in Five • "A." Big Field Survey. 1 > t - 1 r i c t No. 33, Both sides of Princeton avenue, from , line of Eleventh Eas running easl a distance \ hundred feet. Ih-trict No. 34. Both sides of all public streets herein •n Ninth East -treet. at the si iuth - nil -treet. thence south to the north line of ■ntli -t> -•• beginning on Tenth South ne of Ninth East -treet. thence east to Eleventh East street; also beginning the south line of 'Tenth Soutl the north line of Browning avenue; ll tlu- south line of Tenth South if Bn >u ning a\ enue. Tlu- north side of Fourth South sti .md Third »f Emerson a\ enuc, between ts, and Emerson a\ enuc. 65 862 between Eleventh Easl and Thirteenth East streets, Lincoln Park subdivision. District No. 37. Both sides of Princeton avenue, from Ninth East street to Douglas street. Distric'1 No. 38. The north side of Browning avenue, be- tween Ninth East and Tenth East streets, the north side of Harrison avenue, between Tenth East and Eleventh Hast streets, and the east side of McClelland street, between Tenth South and Harrison avenue. I )istrict No. 39. Repealed. District No. 40. From Ninth South street to Tenth South -treet and from Jordan river east to city limits. District No. 41 shall be and consist of all that part ot the city bounded on the north by the north line of Ninth North street; mi the east by the west boundary line of plat "C;" on the south by the south line of Ninth street, and en the west by the west line 'if Redwood road. District No. 42 shall he and consist of both sides of ai! public streets contained in tile tracts of land known as Popperton Place and Poplar Place Plat "A." described as follows: Commencing at a point on the monument line of Third street 314.5 feet south 89 cleg. 56 mm. .05 sec. east of the street monument at the intersection of (J and Third streets: running thence south 533.73 feet; thence east 7?7 feet; thence north 150 feet; thence east 27? feet: thence north 220 feet; thence wist 27? feel; thence south 89 deg. 31 min. 20 sec. west 7?7 feet; thence south 1447.fi*) feet to the place of beginning. District No. 43 shall be and consist of both sides of all public streets contained in the tracts of land known as Block 12 and 13. Five Acre Plat "A," Big Field Survey. Commencing at a point or stone on the south boundary of Tenth South street, said point being 33 feet south and 64 feet west of rock monument set by the city engineer of Salt Pake City at the intersection of State and Tenth South streets; thence south degrees 3 minutes west on the west line of State street 2950 feet to stone on south line of 863 uth and State streets; thence east on the south li ne South streel 3225 feet to the center of pjftl e t; thence north degrees 3 minutes easl ■ line of Fifth Easl street 2954 feet to the south line ol I -nth South street; thence south 89 degrees 55 m i ni Feet to place of beginning. 1120. Sidewalk district No. 44 shall be and consist portion of the city lying east of the west line not included in a sidewalk district heretofore blished. 1121. Sidewalk district No. 45 shall Ik- and consist n of the city lying west of the west line of not included in a sidewalk district heretofore -' Sec. 1122. Sidewalks constructed by individuals. h lawful for any person, either as owner, agent, ■■•r or employe, \<> construct, where grade shed, any sidewalk in Salt Lake I it) unless instructed t" lines and grades as given hed l>> the city engineer, unless special permis- ch lines and grades is first obtained issioners. Sec. 1123. Same. Permit. Specifications, li shall be ii. either as owner, agent, servant, i employe, (•■ construct any permanent sidewalk without having f i r — t obtained from the permit so t.. do. The acceptance of such • men! upon the |>art of such id sidewalk in accordance with the nrnished by the city engineer as to the ■ the \\"rk: and if the sidewalk bi t, ili< character and quality >>t' the cement, the mixture, and tin- thickness of the from the main sidewalk to 864 the back of the curb already constructed, a one-inch strip of tarred felt shall be placed between the back of the curl) and walk, tu form a pliable and waterproof expansion joint. It shall be unlawful to construct any such sidewalk in violation of the specifications given by the city engineer. Sec. 1124. Same. Supervision. All sidewalks shall be constructed under the inspection of the city engineer. Sec. 1125. Id. Inspection cost. Where .propert) owners construct sidewalks at their own expense, in compliance with the provisions of this ordinance and the approval of the board of commissioners, the cost of indicating- grades and lines and inspection shall be paid for by the property owner before the issuing of the permit required. The charges for inspection of sidewalks shall be as follows : For the first 25 linear feet, 10 cents per foot. For the second 25 linear feet, 7 cents per foot. For the third 25 linear feet. 5 cents per foot. For additional linear feet, 3 cents per foot. Other engineering fees and charges for indicating grades and lines shall be the same as are provided in the Revised Ordinances of Salt Lake City. No rebate or repayment shall be made to any person of any fees or charges collected hereunder. Sec. 1126. Repairs. Unit of measurements. The unit of measurement and computation of all sidewalks in Salt Fake City shall be a section of what is ordinarily termed a cement sidewalk, four feet square, composed in its principal parts of crushed rock or gravel and Portland cement. Sec. 1127. Ordinary repairs defined. Ordinary repairs mi sidewalks, within the provisions of this chapter, shall be deemed to be such repairs as shall not exceed, in cost, ten per cent of the cost of laying a cement sidewalk ovei a given surface. 865 Sec. 1128. Extraordinary repairs defined. Extraordinan repairs, within the provisions of this chapter, shall be deemed t" be such repairs a- shall exceed ten per cent, and not ed fifty per cent, of the cost of laying a cemenl side- walk ?i\ en sui ' Sec. 1129. New work defined. New work, under the ■ tin* chapter, shall be deemed to Ik- all walk construction work, which shall exceed fift) per cent i| laying a cement sidewalk over a given surface Sec. 1130. Repairs. Engineer's report. Levy. Winn an) portion of any sidewalk, consisting of one or more hereafter be found to be "in of repair, it shall the citj engineer to compute the cost of ■It sidewalk, and if such repair- shall be found within the definition of ordiharj repairs, a- pro \nli-. I in this chapter, the ct) engineer shall at once report the for such repairs, together with his estimate of the thereof, t<> the board ct* commissioners; and it shall l>e found t" come within the definition nary repairs, as provided iu this chapter, the erineer shall forthwith report the necessity for such iher with his estimate of the en-! there"!', t" i ii' 1 . if the estimate "ti such sidewalk shall he within the definition "i new w"rk. as provided the city engineer shall forthwith report t" ■--fliers the necessity for such new •id fur the levying of a tax t" defray the expi Sec. 1131. Bids. Duty of board, etc. It shall he the duty of the mmissioners, after the first day of Jan •• than the first da\ of Jul) in each yi lei t" the lowest responsible iking of sid,- W alk repairs for the h contract shall provide for 866 the prompt making of all ordinary repairs ordered by the board of commissioners, and the making of such extra- ordinary repairs as may be ordered by the board, and shall specify also the contract rate for such classes, grades and kinds of sidewalk as the board may see lit to include in its advertisement for bids. Sec. 1132. Ordinary repairs. Whenever it shall appear by the report of the supervisor of streets and public improve- ments that ordinary repairs on any sidewalk should be made, and whenever upon such report, such repairs are ordered by the board of commissioners, they shall be at once undertaken by the parties holding an annual contract for sidewalk repairs, as in this chapter provided, and such work shall be subject to the approval of the board of commissioners. Sec. 1133. Extraordinary repairs. Notice. Whenever it shall appear from the report of the supervisor streets and irrigation to the board that extraordinary repairs are neces- sary to be made on any particular sidewalk, the board shall at once notify the property owner or owners whose property abuts upon the sidewalk where such repairs are needed, that certain repairs upon said sidewalk are needed, as in the notice specified, and that such repairs have been determined to be extraordinary repairs within the terms of this chapter, and that unless such property owner or owners shall cause --itch repairs t'' he made within fifteen days from the date of -aid notice, to the satisfaction and approval of the hoard, such repairs will be made by Salt Lake City, and the expense thereof taxed againsl -aid property. Sec. 1134. Same. Expense. Whenever extraordinary repairs shall not he made by the property owner or outlet-, as in the last section specified, within the time therein named, the board shall at once proceed with such repairs under the annual contract for sidewalk repairs a- in this chapter provided. ;roi' mtting upon the sidewalk where the repairs cpense of such repairs. Saul shall be reported t>> the city treasurer and ex officio colli ial taxes, who shall give notice thereof, and collect the same in like manner as other illected, except that notice of such tax shall that it i- t>> cover the expense of extraordinary .mi sidewalk, and t li.it said tax is both due delinquent, and shall fix a time nut more than thirty ■ m the date thereof when said property will be jale i" pay such tax and the costs and rid sale. Sec. 1136. New work. Levy. Whenever the rej and irrigation upon am given that the construction of a new sidewalk mers shall give notice of defray the expenses of relaying shall thereafter proceed as in other c Cellarway, area. Permit. Bond. Si 1137. Coal holes or other openings, h shall be maintain coal holes or other open- ■ under the supervision then onlj after the Sec. 1138. Cellar doors. It shall be unlawful for the luilding 1 1 . i \ ing a cellar opi n the door or I repair and safe t'"r tin ideualk ; and if 868 the owner or occupant of any .such building shall neglect or refuse to properly repair any such door or covering for twenty-four hours after notice from the supervisor of streets and irrigation so to do, said supervisor shall forthwith cause such repairs to be made at the expense of said owner or occupant. Sec. 1139. Obstruction of sidewalks. It shall be unlaw- ful for any person owning, _ occupying or having control of any premises, to place or permit upon the sidewalk or the half of the street next to such premises : 1. Any broken ware, glass, filth, rubbish, refuse matter, ice, water, mud. garbage, ashes, tin cans or other like sub- stances. 2. Any wagons, lumber, wood, boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street or sidewalk or any part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the board of com- missioners. Sec. 1140. Receiving goods, ft shall be unlawful for any person to place or keep, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a ten-foot passageway clear upon such sidewalk: and it shall be un- lawful for any person receiving or delivering such goods. wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than one hour. Sec. 1141. Driving or riding on sidewalk. It shall be unlawful for any person to drive a self-propelled vehicle or team, or lead, drive or ride any animal upon any sidewalk, except across a sidewalk at established crossings. 869 Sec. 1142. Games on sidewalks or streets. Ii shall In unlaw tnl for am person to obstrucl any sidewalk or street by i any kind, playing of ball, quoits, marbles jumping, rolling of hoops, flying of kites, coasting, or to anno) or obstruct the free travel oi anj Fool passenger, . ehicle, Sec. 1143. Carriage steps or platforms. It shall be unlawful for anj person to erect an\ carriage step or plat- the gutter or water ditch in front oi his place •r residence, which shall be more than Four feet wide and two feet high; such carriage •rin must be constructed under the supervision nd in a manner satisfactory t" the supervisor < neglecl to cut the weed- on the sidewalk m front of his ■ r three days' notice from the streel supervi 1145. Loafing. It -hall he unlawful for any person tanding, lying or sitting on anj sidewalk for a than two minutes, in such manner as to if fooi travelers thereon, or to wilr '1111-. lying or sitting thereon in said re than one minjite after being requested to Ficer, or to wilfully remain on the any dwelling house or place of business m truct the free passage of an) h dwelling house or place Sec. 1146. Snow to be removed from sidewalks. It -hall inlawful ccupant, lessor, or agent of any ived Sidewalk to fail to remove 870 or cause to be removed from such paved sidewalk all hail, snow or sleet falling thereon, within one hour after such hail, snow or sleet has ceased falling; provided, that in case of a storm between the hours of five o'clock in the afternoon and six o'clock in the morning, such sidewalk shall be cleaned before eight o'clock in the morning following Mich sti Tin. Sec. 1147. Weeds. It shall be unlawful for any person owning, occupying or controlling any real property within the corporate limits of Salt Lake City, to allow weeds to remain on the property which he owns, occupies or con- trols, for a period of more than five days after notice from the supervisor of streets anil irrigation. Sec. 1148. Sidewalks to be swept in front of business houses. It --hall he unlawful for the owners or occupants of places of business within Salt Lake City to fail to cause the sidewalk abutting thereon to l>e swepl or cleaned i morning before the hour of eight o'clock a. m. Sec. 1149. Penalty. Any person violating any of the provisions of tin-, ordinance shall, upon conviction thereof. be punished by a fine in any sum not exceeding fiftv or by imprisonment in the city jail for a period not longer than thirty days. The court may, in imposing a fine, enter i- a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 871 CHAPTER LIII. SIGNS, AWNINGS, ARCHES. uon 1150. Unlawful to erect signs, etc. It shall l>c an) person to erect or construct any sign, i. wood or metal awning, permanent irch or any other structure, above, over, i upon any pan of any street or sidewalk of Salt l.ak without first obtaining permission so to do ommissionei id cit) and furnish- ndemnit) bond in such sum as may be fixed by the ■ I application for such permission -hall Ik- in writing, ntain the name of the person for whose benefit he period of time for which such permit such structure is t<> be erected or •lu' dimensions thereof, the material to compose anner of construction, which application inied with a blue mint or other drawing or sign it other structure. Mary 15th, 1913, ii -hall lu- unlawful for itain any sign, sign-post, sign-board or inent advertisement, arch or any other upon any part of any streel or ■\. without making application tin ■ 1 in this section. Sec. 1151. Penalty. \n\ person violating an\ of the -hall, upon conviction thereof, sum noi ling fifty dollars ■ riod n"t Ion n imposing a fine, enter in default of the payment of city iail for 872 CHAPTER LIV. SPECIAL TAXES. Section 1152. Notice of intention. In all cases before the levy of any taxes for local improvements as provided in Chapter 14. Compiled Laws of L'tah. 1907. the board of commissioners shall give notice of intention to levy said taxes, naming the purposes for which the taxes are to be levied, which notice shall be published at least twenty days in a newspaper published within the city. Such notice shall describe the improvements so proposed, the boundaries of the district to be affected or benefited by such improvement--, the estimated cost of such improvements, and designate a time when the board of commissioners will consider the pro- posed levy. If at or before the time so fixed, written ob- jections to such improvements, signed by the owners of two-thirds of the front feet abutting upon that portion of the street, lane, avenue or alley to be so improved, be not filed with the recorder, the board of commissioners shall be deemed to have acquired jurisdiction to order the making of such improvements. Such notice shall be substantially in the following form: NOTICE OF INTENTION. Notice is hereby given by the board of commissioners of Salt Lake City. Utah, of the intention of said board of commissioners to make the following described improve- ments, to wit : and to defray (the whole or ) of the cost thereof, estimated at dollars by levy of a special tax to be assessed upon the hits or pieces of ground within the following described district, being- the district to be affected or bene- fited by such improvement. 873 All protests or objections to such improvemenl or i" the carrying out of such intention, must be in writing, ..I l.\ the owners of abutting property, describing same, •Iut with the number of abutting front feet and be filed with the cits recorder "ii or before the day 19. ... being the time se1 by the rtl of commissioners of Sail Lake City, Utah, when it will consider the proposed lev) and will hear and consider Mich protests and objections as may be made then i;_\ order of the hoard of commissioners of Salt Lake Utah. Dated City Recorder. Within five days after the firsl publication of such the treasurer shall furnish the recorder a lisl of the owners of the property within the district affected 1>\ such improvement, and the recorder shall, within ten days thereafter, mail post paid to each of said property owm : ssed to the last known residence ich property owner. Sec. 1153. Protests. Hearing. At the firsl regular mmissioners after the expiration , nated in the notice of intention, if written objections to the making of improvements, signed • two-thirds of the front feet abutting upon ' or streets where the improvemenl n filed with the city recorder, the .md shall hear and ■ s as have been m If '' termines to proceed with the proposed im- •rder. which shall he entered of proceedings, authorizing Ion,- and the improvemenl It shall to prepare id improvement, including 874 an estimate of the cost and expense of the engineering, in- spection, publishing notices and making the tax levy in connection with such improvement. The board shall advertise for bids for making such im- provement and shall furnish to each bidder the estimate of the cost and expense of the engineering, inspection, publish- ing notices and the making of the tax levy as aforesaid, with instructions to each bidder to include the amount thereof in his bid for doing the work contemplated l>\ said improvement. When the contractor has finished his contract or such part thereof as may be provided in the contract for such work, the board of commissioners shall pass an ordinance levying a special tax sufficient in amount ' to cover the cost of such improvement, as appears by the contract entered into for the performance of said work, upon the blocks, lots or parts thereof, or pieces of ground in front of or along or upon which said improvement lias been completed. according to said contract. Said ordinance shall include : (a) A reference to the proposed improvement and the district to be benefited. (b) The cost of the improvement a-- appears from the contract entered into for the performance of the work to the blocks. \<>\< or parts thereof, or pieces of ground in front of, or along, or upon which said improvement lias been completed, ami upon which said tax is levied. (c) A description of the blocks, lots or parts thereof, or pieces of ground to be affected or benefited by said improvement, and upon which said tax is levied. (d) A determination of the manner of making the assessment of the special tax. in respect to the foot frontage, square foot or other unit of measurement. (e) A finding and determination of the benefit of the improvement to the property assessed. (fi A declaration of the levy and assessment of the special tax. 875 A direction and authorization i" the treasurer to d collect the tax. iln When the tax >hal! become due. Sec. 1154. Special tax assessments, how made. The pecial taxes for improvemenl purposes shall he total cost of the improvement, engineering, inspection, publishing ■ii| making the levy, 'shall be levied at one time upon delinquent a- fi »lli iw s : ten equal yearly installments, with interest urn unpaid at the rate of six per cent per annum, payable at the time each installment is due. to wit : ne year after the ordinance confirming the tax t'"r the payment for the improvemenl me-tenth thereof in two years after such effective; one-tenth thereof in three h ordinance becomes effective; one-tenth - after such ordinance becomes effective; I in iwc years after such ordinance becomes nth thereof in -i\ years after such ordinance tenth thereof in seven years after effective; one-tenth thereof in such ordinance b effective: one- ■f in nn - after such ordinance becomes tenth thereof in ten years after such ive. ers, curbing and guttering in five ments, with interest "ii the whole sum f six pet cent per annum, payable installment is due to wit: One-fifth thereof ordinance confirming the levy of the such improvement becomes effective; .iter such ordinance becomes tli thereof in three years after such inli- ne-fifth thereof in four years 876 after such ordinance becomes effective, and one-fifth thereof in five year'- after such ordinance becomes effective. One or more of said installments, in the order in which the) arc payable, or the whole special tax may be paid at any time within thirty day-- after the ordinance confirm- ing the levy of the tax becomes effective, without interest. In the event of any installment, or the interest aforesaid not being paid on the date the same becomes due, the whole amount of the special tax unpaid at the time said installment and interest are due, shall become due and pay- able and shall draw interest at the rate of eight per cent per annum until the sale of the property assessed; provided, that one or more installments in the order in which they are payable, or the whole special tax unpaid, may be paid on the day any installment becomes due, by paying the amount thereof and interest to said day. Sec. 1155. Special tax warrants, etc. All special tax warrants shall be due and payable as follows: If issued on account of paving improvement, in ten equal yearly installments; if issued on account of sidewalk, sewer, or curbing and guttering improvements, in five equal yearly installments. Said warrants shall indicate the time when each installment is due. and provide that interest at the rate of six per "cent per annum on the whole sum unpaid shall lie due and payable at the time each installment is due, and in case of failure to pay any installment at the time the same is payable, the unpaid principal due at said time shall draw interest at the rate of eight per cent per annum and that one or more installments, in the order in which they are payable, or the whole warrant, may be paid on the day any installment becomes due, by paying the amount thereof and interest to date of payment. ft is further provided that said warrants shall not be issued until thirty days after the ordinance confirming the levy of said tax shall become effective; and that any pay- ments received within said thirtv davs. on account of the 877 which said warrants are payable, may be paid i" the contractor .1- a partial payment, and that the ince shall l>c paid in special tax warrants, bearing the linance confirming the levy of said tax became Sec. 1156. Special tax warrants in lieu of scrip. Ii shall be lawful for the cit) auditor to issue to the bona fide holder "t any scrip against any special tax fund <>i Salt Lake on surrender of such scrip, by such holder thereof, a ial tax warrant, >>r warrant-, of the denomination pro- ■. . for the aggregate am. mm value of the scrip so surrendered; and the auditor, on issuing such warrant or .ill denote in writing on the back thereof, the tnd the amount due "tt such scrip; and pro- • •thi-r, that in an\ case, where warrants have been linst any such special tax fund, without tute "r ordinance in that behalf, such surrender thereof, by any bona fide holder ed in like manner as scrip, for such • .\ warrai Sec. 1157. Ordinance levying to be certified to treasurer. It -hall ' -he city recorder, immediately after • ■■ial tax -hall become effective to the city treasurer. 1158. Board of equalization. When the ordinance ssed, the board "t' com- qualization and review. Sec. 1159. Assessment list and plat. Immediately upon an ordinance levying a special r shall made an accurate plat ■-. showing the owners of owner- 60 878 ship and their dimensions, and the location and character of the improvement proposed. He shall, at the same time, prepare an assessment list of the property affected, show- ing the individual owners, the amount of property owned and the total amount of the tax assessed against each parcel. Whenever the name of the true owner of property affected by a special tax cannot be ascertained, the treasurer must assess the property in the name of "Unknown Owner," inserting such words in lieu of the true name. Sec. 1160. Return to recorder. Immediately upon the completion of the assessment list and plat, the treasurer shall file a true copy thereof with the recorder, who shall thereupon notify the board of equalization and review that the assessment list and plat have been completed and a copy thereof filed in his office. Sec. 1161. Notice to be given to board of equalization and review. When the assessment list and plat have been completed, and a copy thereof filed in the office of the recorder, the board of equalization and review shall give notice of the completion of such lists and plat, and the time and place of meeting of said board, by publication of such notice for one dav in some newspaper published in Salt Lake City. The sessions of the board shall be during the usual business hours, and shall continue for a period of not less than five consecutive days and the assessment lists and plats shall be open to inspection during those hours, and at a place to be specified. Sec. 1162. Ordinance confirming. Upon the comple- tion of their sessions and their approval of the assessment list, the board of equalization and review shall cause to be inserted in their record as a board of commissioners, their doings in the premises and any corrections or changes 879 in ill. menl list and shall pass an ordinance rming the assessment so made. Sec. 1163. Ordinance confirming certified to treasurer. It shall be the duty of the recorder, in ely upon the ordinance confirming the assessment of a special tax becom- to transmit a certified copy thereof to the isurer, whose duty it shall be to proceed to collect the special tax. Sec. 1164. Notice of special tax. Immediately upon the ipt t>> the city treasurer of the certified cop) of the nfirming a special tax or assessment, as provided surer shall give at least five days' notice ne or more papers having a general circulation in the the time when such tax or assessment shall become rtquent; such notice shall be substantially in the fol- rm : NOTICE I 'I- SPECIAL T \X. •it it ma; concern: :- hereby given that a special tax for the pur- (here insert briefly a description of the improvement which tl - levied i has been levied and confirmed board of commissioners of Salt Lake •ah. which became effective on the respectively. levied upon the following described tit Lake City, to wit (here insert a full affected by the levy, according ■ >r pieces of ground as the I and recrded |, and i- due and in installn nd will become delinquent 880 Said first installment on the day of 19 and said second installment on the day of 19 and so on as the case ma}- be. If said tax is payable in installments, insert: Interest at the rate of six per cent per annum on the whole amount of said tax shall be computed from the date the ordinance confirming the levy of said tax becomes effective, to wit: The day of 19...: and interest at said rate on the whole amount of said tax unpaid shall be due and payable with each installment. If any installment or the interest aforesaid is not paid on the date when the same becomes due, then the whole amount of the tax unpaid at the time said installment and interest are due will become due and payable, and will draw interest at the rate of eight per cent per annum until -ale of the property assessed. One or more of said installments in the order in which they are payable aforesaid, or the whole tax may be paid at any time within thirty days after the ordinance confirming the levy of the tax becomes effective, without interest: and one or more of said installments m the order in which they are payable, or the whole tax unpaid, may be paid on the day any installment is due, by paying the amount thereof and interest to said day. All special taxes are payable at my office, room City and County Building, Salt Lake City, Utah. Dated at Salt Lake City. Utah, this day of , 19 ( ity treasurer and collector of special taxes.. Sec. 1165. Notice of special tax for mailing. \> soon as possible after the first publication of such notice, and not more than five days after the receipt by him of the certified copy of the ordinance confirming a special t,i\ or assessment, the city treasurer shall cause to be deposited in the mail, postpaid and addressed to the several owners 881 he propertj affected l>> the levy, as they may then appear upon the records in the office of the county assessor, at their last known postoffice address, a personal notii tantially in the following Form: SPE< I \l. TAX M ITK / the citj treasurer and collector of taxes, Room City and County Building. Sail Lake City 1" : \.>ur special tax on the within described property for the purpose of (hen state briefly the object of the tax or pa) able in installments as ating am. units and date- when due). Saul tax is levied bj ordinance of the board of commissioners of Lake City, and affects the following real propertj the records of Salt Lake County in your nan _ — : — -: : fc4 . : i V. v. *j o o 9 u* ■- -> AC ~ cd t_ u - - r Inti the rate "t six per cent per annum "ii t he wh< lid tax shall be computed from the date the ordinan Firming the levy of said tax becomes day of 19. . . . ; and rate on the whole amount "t said tax be due and payable with each installment r the interest aforesaid is not paid on becomes due. the whole amount of the time said installment and interest due and payable, and will draw intei 882 at the rate of eight per cent per annum until the -ale of the property assessed. ( )ne ur more of said installments in the order in which they are payable aforesaid, or the whole tax, ma\ be paid at any time within thirty days after the ordinance confirming the levy of the tax becomes effective, without interest; and one or more of said install- ments in the order in which they are payable, or the whole tax unpaid, may be paid on the day any installment is due by paying the amount thereof and interest to said day. If said tax is not paid when due, I shall proceed at once to collect, with interest and costs, as provided by law and ordinance. All special taxes are payable at my office, Room , City and County Building, Salt Lake City, Utah. Dated at Salt Lake City, Utah, this day of , 19.... City treasurer and collector of special taxes. Sec. 1166. Delinquent list and notice of sale. Within ten days after the date of delinquency, as fixed in the levy and notice of tax. the city treasurer shall make up a list of all property upon which the special tax remains due and unpaid, and cause the same to be published in some news- paper having general circulation in the city, daily thereafter for a full period of ten days. Said delinquent list shall con- tain a description of the property delinquent according to li 'ts. blocks or parcels, together with the owner's name or names, if known, and if not known, in lieu thereof, the words "Unknown Owner," with the amount of taxes due, on each separate parcel, exclusive of costs, and shall be accompanied by a notice of sale substantially in the following form: NOTICE OF SALE FOR SPECIAL TAXES. Notice is hereby given that special taxes for (here insert briefly the purpose of the tax) are due and unpaid in 883 amount- and upon the lands sel forth and described in the delinquent list hereto attached, and unless said taxes, ther with tin- costs of publication, are paid on or before the day of t here fix a day at l< from the date of the first publication), the real pert> upon which such taxes are a lien, will on day, !><.• sold for said taxes, costs of advertising and ex- the west frool door of the Joinl City and nt) Building in Salt Lake City, I "tab. beginning at the if said da) . and continuing until I property shall have been sold. Sec. 1167. Costs. The city treasurer shall tax against parcel of land advertised as delinquent the sum of ity-five cent- as the cosl of advertising the delinquency, and shall, after the first publication, in all instances of pay- ment, sale "r redemption, collect such amount in addition • tax Sec. 1168. Expense of sale. In case of a sale of any land the city treasurer shall add to the of advertising the further sum of if sale, and shall in all -ale "r redemption, collect -itch sum. Sec. 1169. Minimum sale price. In no < hall land ■ delinquent special taxes, l>e sold for than the amount of such special taxes, the cost of ad- of sale. Sec. 1170. Sale. \ the treasurer, continued until noon of the next succeeding business day. and there- after in the same manner proceeded with and continued until completed. Sec. 1171. Sale to city. In case no bid, at least equal- ing the amount of tax, cost of advertising- and expense of sale, on each separate parcel, is received, as each separate parcel i^ offered for sale, such parcel shall be deemed bid in for Salt Lake City, and by the city treasurer shall be sold to Salt Lake City for the amount of the tax. the cost of advertising and expense of sale, and such sale shall have the same effect as if made to an individual. Sec. 1172. Tax sale record. The treasurer shall make a record of all sales of real property in a book to be kept by him for that purpose, therein describing the several parcels of real property on which the taxes, costs and expenses were paid by purchasers, in the same order as that in which said property was advertised for sale, stating in separate columns, the property, the amount of the tax, the costs and expenses, how much and what part of each tract was sold, to whom sold, the date of sale and the day of re- demption. At the end of each calendar year the book shall be endorsed "City Treasurer's Special Tax Sale Record for the Year " and it shall then be filed in his office. Whenever, thereafter, any portion of property so sold shall be redeemed, the fact of redemption shall be, by the treasurer, entered opposite the property in the Tax Sale Record. At the expiration of four vears from the date of filing in his office, the city treasurer must remove and file each yearly tax sale record in the office of the city recorder. 885 Sec. 1173. Certificate of sale. When real estate is [or taxes, the treasurer shall make out, sign, acknowledge and deliver to the purchaser, a certificate of sale which shall recite the facts of sale as in the tax sale record, and thai pay- ment has been made therefor, and shall be substantially in the follow ing form : CERTIFICATE OF SALE FOR SPECIAL TAX. I h:~ certifies that on the day of 1" . in pursuance of law and ordinance, 1 surer and ex officio collector of special taxes for Salt Lake City, Utah, sold to subject tn redemption, as provided 1>> law, the following property in Salt Lake City, for delinquent special taxes ass< nsl said property in the name of to wit : - ■ - 1 - - z- _ — z z BO I late "f Sale 1 lay ..f Redi mptton Total t.. Rl '!• 'in al Tins 1 Including Certlfl Payment therefor has been made bj said Dated, City treasurer and exofficio collector of special taxes Salt Lake City. i Kcknowledgmenl in statutory fom Sec. 1174. Fees. The treasurer shall collect a fee of two dollars for each certificate issued, which fee shall be covered into the city treasury. 886 Sec. 1175. Certificate of sale to city. When property is sold to the city, the certificate of sale shall be delivered to the city auditor, whose duty it shall be to see that such certificate is properly recorded in the office of the county recorder, and shall thereafter be kept as a part of the records of the city engineer's office. Sec. 1176. General taxes on delinquent propeity. Be- tween the 15th day of November and the 15th day of December, in each year, the city auditor shall ascertain, by examination of the county records, what, if any, of the property sold to Salt Lake City, is delinquent and about to be sold for general taxes, and report the property and the amount of taxes in each instance, to the board of commis- sioners, with a request that the amount thereof be appropri- ated to Salt Lake County. It shall be the duty of the board of commissioners to appropriate the amount as recommended by the city auditor, and he shall thereupon draw a warrant in favor of Salt Lake County for the total sum of such de- linquent taxes and deliver the same to the county treasurer, taking duplicate receipts for each separate piece or parcel of property upon which the general taxes are thus paid. The city auditor shall thereupon deliver one of each such re- ceipts to the city treasurer and file and attach the other to the corresponding certificate of sale in his office. Upon receiving such receipt, the city treasurer shall make entry on his tax sale record, opposite the corresponding property, of the date and amount of taxes paid. Such taxes shall thereafter draw interest at the rate of one per cent per month, and shall be included in the amount required to be paid for redemption of such property. Sec. 1177. Redemption. Real estate sold for special taxes may be redeemed by any person interested therein, at any time within four years after the date of the sale thereof, by such person paying into the citv treasury, for the use of the purchaser or his legal represenative, the 887 nil paid by Midi purchaser, and all costs and expenses, including the cost of the certificate of sale, together with the sum of fift) cents for the redemption certificate, and all special taxes that have accrued thereon and which have been paid l>> the purchaser after his purchase to the time of redemption, together with interesl at the rate of one per cent per month "ii the whole from the date of payment to the day of redemption; provided, that in all cases whi property has been sold to Salt I ake I ity, and general - thereon have been thereafter paid by such city, it shall be necessarj also for a redemptioner to pay the amounl such general taxes, so paid as aforesaid, with interesl thereon from the date of payment to the day of redemption, at the rate of one per cent per month; and proivded, further, that when two or more parties arc interested in a piece of property which lias been sold For taxes, either part} may redeem the property in which he is interested, upon pa) men! of that proportion of the taxes, interest and costs which his property bears to the whole property sold, together with the sum of fifty cents for a redemption certificate. Sec. 1178. Certificate of redemption. The city treas- urer shall, when any property is redeemed, make the proper entry in the tax sale record filed in his office, and issue a certificate of redemption, which certificate shall he, by him. acknowledged, and which said entry or said certificate shall he prima facie evidence of Mich redemption, Sec. 1179. Notice of redemption. In all cases where propert) Salt Lake City is redeemed, the city ti urer shall issue a formal notice of Mich redemption in writ- ing, and file the same with the city auditor, whose duty it shall he to attach such notice to the corresponding certifi- of -ale ''ii file in his office, and indorse >r each additional description of propert) in such deed, one dollar, and cover such fees monthly into the city treasurj . provided, that in cases where Salt Lake City is the tax sale purchaser, ii" fee -had be collected. Sec. 1183. Redemption after deed. Whenever property -■111 for special taxes and bought in by Salt Lake * it) shall not have been redeemed within the time specified, but shall have been conveyed to Salt Lake ( it} b) recorder's deed, such propert) may thereafter be redeemed b) the owner, his heirs, personal representatives or assigns, upon petition therefor addressed to the board of commissioners, and upon such terms as the board of commissioners may determine: provided, that in no ease shall redemption be allowed for less than the amount of the tax, cost of sale and expense of the certificate and deed, together with interesl thereon at the rale of one per cent per month to the date of redempti. >n. Sec. 1184. Refunding excess special taxes. City engineer. The city engineer shall report to the board of commissioners h impn i\ ement . to defray which, a -peeial or local tax has been levied by the board of com- missioners, as soon as the actual est can be ascertained. Such report shall also show the dii if any, between the actual cost and the tax levied, both by total and b) , the foot frontage abutting upon such improvement. lie shall also, al the same time, file one copy of such reporl with the city treasurer, and one copy with the city auditor. Sec. 1185. Same. City treasurer. The city treasurer. immediately upon the receipt of the report mentioned in Section 1184 -hall report to tin- city auditor a li-l of ;dl n- who have paid into the city treasury any portion local tax. together with the amount 890 paid, which may be in excess of the actual cost of the por- tion of such improvement, upon which the lot or parcel of land belonging to each of such persons abuts, and which has been assessed for such improvement. The treasurer's report shall also show the abutting frontage of each of such persons, and the amount of tax assessed against each. Sec. 1186. Same. City auditor. The city auditor, im- mediately upon the receipt of the city treasurer's report mentioned in Section 1185, shall proceed to examine the same. He shall determine what persons are justly en- titled to a refund of any portion of such tax, and the amount to which each person is entitled. He shall audit such claim in the same manner as other claims are audited, and shall immediately report them to the board of com- missioners, with such particulars and information as will fully inform the board of commissioners. Sec. 1187. Same. Board of commissioners. The board of commissioners, upon the receipt of the reports mentioned in Sections 1184 and 1185. shall (if deemed just and proper) appropriate to each person entitled thereto, any portion of such special or local tax paid by him into the city treasury, which may be in excess of the actual cost of the portion "I such improvement, upon which the lot or parcel of land belonging t<> such person abuts, and which has been assessed for such improvement ; and shall rebate and remit the portion of such tax which is in excess of the actual cost of such improvement. Sec. 1188. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter a- a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 891 CHAPTER LV. STREETS Section 1189. Defects in streets to be reported and repaired. All defects in public streets, coming to the know! inj officer or person in the employ of the city, shall be by him at once communicated to the supervisor of ind irrigation, and he or some competent per iled by him shall, without delay, repair, or cause such defect to l>e immediately repaired; and. until such ipleted, he shall do whatever shall he necessary • ■t the public from injury by reason of the defect. Sec. 1190. Restoration after excavation. Whenever an iny purpose is made or permitted in a public • under or by the order of the department having rant Such permit, the street shall he restored t<' it- normal condition by the person or department making the excavation, without unnecessary delay, and, if it is not in a manner satisfact the supervisor of streets and n. although it may ii"t be dangerous t" public travel. :' sor -hall notify the person who made tlie excavation to forthwith make such further restoration »upi rvisor deem- necessary, and if such pet 1 supervisor -hall cause such restora- tion and -hall charge such person therefor; and. until such restoration i- completed, he shall the public from injury by reason of such def Sec. 1191. Written notice to street supervisor of excava- tions. It -hall he unlawful for any person in the employ 5alt Lake City (•• make "r cause t" he made any exca- n any pul avel or other simil ,' from any -treet, unless he, or the head of the 892 department under whose direction the work is being done, has first notified the supervisor of streets and irrigation in writing of the intention to make such excavation and of the time when and place where such excavation will be made. Sec. 1192. Street excavations. It shall be unlawful for any person to make any excavation in any street, lane or alley, or remove any pavement or other materials forming any street or improvement thereon without a permit from the supervisor of streets and irrigation. Sec. 1193. Permits. Applications, bonds, fees. No per- mit for any street excavation shall be issued until written application therefor has been made to the supervisor of streets and irrigation, signed by the party making the excavation, or by the party at whose instance it is to be made; nor until the applicant has filed with the supervisor of streets and irrigation a bond of indemnity to the city, with sureties t< > hv approved by the board of commissioners, con- ditioned that the person making the excavation will erect ami maintain about said excavation, and until the street is restored to its normal condition, sufficient guards, signals, barricades and lights, to prevent accident, and will, as soon as may be after the completion of said work, restore said street t<> the same condition in which it existed prior tri said excavation, and will remove rocks, dirt and rubbish from the street, and will save the city harmless from any and all claims, liabilities, demands or damages, for any and all injuries to person or property arising in any manner out of or by reason of any such excavation. Such bond shall be in the sume of five thousand dollars, for excavations in all streets; provided, hozucver, that whenever paving or macadam, dirt or rock is removed in the process of any street excavation, such paving or macadam, dirt or rock must be replaced under the direction and to the satisfaction of the supervisor of streets and irrigation, and at the expense of the part) making the excavation; and. provided 893 further, that am person operating in or using an} of ilie streets under a franchise, or any person who in the pursuit of his JHng, lias frequent occasion to open or make excavations in the public streets, may file a l>"iul with corporate surety in the sum of ten thousand dollars, ditioned as above, to cover all excavations made for a period of two years from the date of filing, but permits for all excavations, except for the replacement of street railway rails ami ties in unpaved streets, must be applied for and re u shall be lawful to make an) such excava- \ed further, that in excavating through asphalt or cement, or beneath stone blocks, the excavation shall be cut perpendicularly at the side and ends from the surface, the full I 'h and width of all excavations to the necessary depth; .mi top of the back-filling there shall he placed -i\ inches • '..ne or concrete flush with the pavement, ami in all -. whether the excavation is made through asphalt otherwise, in back-filling the material used for that pur] shall he thoroughly tamped and a sufficient quantit) o\ water used t" properlj settle the material so used; and after compli n excavation and back-filling, all dirt, p.cks and rubbish shall be removed from the street; provided further, that failure on the part of any pet-. .11 t.. comply with any of the provisions of this chapter shall be a suf- ficient reason for the supervisor of street- ami irrigation refusing a permit to excavate in the streets of this city; •(/<■(/ further, that no excavation -hall be permitted to remain ..pen 111 any street of this city for a longer period than ten day-. If this provision 1- violated the supervisor ition may fill any such excavation at the expense ■■: the person making the same; provided further, that the supervisor of streets and irrigation -hall charge and collect, up. .11 issuing any permit, the following fees and chai . vit : For excavating in any cement sidewalk, for the firsl eighl square feet ..r part thereof $ 2.00 For each additional square I laii thereof 25 67 894 For excavating in any asphalt pavement, for the first eleven feet or part thereof 5.00 For each additional square foot or part thereof 45 For excavating in any macadam pavement, for the first ten square feet or part thereof 2.00 For each additional square foot or part thereof. . 20 For excavating for stone, blocks, for each square foot or part thereof 40 For inspecting work when there is no asphalt or macadam pavement, per block 10.00 And at the same rate for less than a block. Sec. 1194. Failure to replace street. It shall be unlaw- ful for any person having made an excavation in any street, whether under a permit or otherwise, to fail, neglect or refuse, for a period of ten days after notice from the supervisor of streets and irrigation, to restore said street tn its normal condition. Sec. 1195. Excavations must be guarded with barricades and lights. It shall be unlawful for any person, bv or for whom any excavation is made in a public street for any purpose, to fail to cause a barricade, rail or other sufficient fence to be placed so as to enclose such excavation, to- gether with the dirt, gravel or other material thrown there- from, and to maintain such barricade during the whole time for which such excavation continues; and it shall be unlaw- ful for any person to fail to have a lighted lantern, or some other proper and sufficient light fixed to some part of such barricade, or in some other proper manner over or near the excavation, and over and near the dirt, gravel or other material taken therefrom, and so kept from the beginning of twilight through the whole of every night during all the time such excavation exists. It shall be unlawful for any person to maliciously or wantonly, and without legal cause, to extinguish, remove or diminish a light, or to tear down or remove any rail, fence or barricade fixed in accord- ance with the provisions of this section. 895 Sec. 1196. Permit to occupy street with building ma- terial. Bond. It —li ;il 1 be unlawful for any person to occupy or use any portion of a public streel for the erection or repair of any building abutting thereon, without first making application to and receiving from the board of missioners a permil For the occupation or use. for build- ing purposes, of such portions of streets, and for such periods of time and under such limitations and restrictions as may be required by ordinance or by the public venience; proznded, that no permil shall be granted to occupy more than fifteen feel from the curb line, and any such permit may be revoked by the board of commissioners, at any time, when the holder thereof fails i<> comply with any rule or regulation under which it i- granted, or when. in the opinion of the board of commissioners., the public ; requires such revocation. No such permil shall be rated until the applicant therefor shall have given a bond in the sum of $5,000, to be approved by the board of commissioners. Such bond shall run to Salt I aki Citj and ■I injured by reason of the failure of the principal therein to comply with the provisions of this section and tion 1197 of the ordinances of this city. No part of a street other than that so allotted shall be used for depositing materials for work t.. be done or for receiving rubbish arising from Mich work, and all such rubbish shall be carried away by tin- person t" whom the permit is granted, ami at such times as the board of commissioners or the supervisor "t streets and irrigation may direct, ami in case of the neglect or refusal of such persons so t' 1 remove such rubbish, it shall be removed, at In- expense, by the supervisor of streets ami irrigation. Sec. 1197. Fence and walk. Around street used for building purposes. Removal. Restoration of walk. Bridg- ing walk. Advertisements. Painting. It -hall be unlawful for any person to occupy any portion of any street while •itiL.' or repairing a building, or making an excavation. 896 or for any other purpose, even with the permit provided for in the last preceding section, unless he shall first build around the portion of the street to be occupied a tight board fence, at least six Feet high, surrounded by a good substantial board walk, at least six feet in width. Said, fence shall be made of clean lumber, dressed on the side facing the street, and at no time shall said fence have thereon any painted, printed or other advertisements. All openings in said fence must be provided with gates opening inward. When any building of two or more stories in height is being erected within the fire limits of this city, and shall have reached the top of the first story thereof, or when any such building is being repaired above the first story thereof, then any fence or sidewalk occupying the street or sidewalk in front of said building shall be at once removed, and the sidewalk abutting said building at once restored to the use of pedes- trians, and said last named sidewalk bridged or covered at a height of not less than nine feet above the line of said sidewalk and ten feet wide, with lumber or timber of suf- ficient strength to protect pedestrians from injury by fall- ing materials, tools or appliances, and to the approval of the building inspector. Any person so occupying any portion of an}' street shall be responsible to the city for all injuries sustained by any person in consequence of any failure to strictly comply with the provisions of this section. It shall also be unlawful for any person to place upon any building, fence or other structure, such building, fence or other structure being within two feet of any sidewalk in this city, any paint or other substance, without First erecting and maintaining above such sidewalk, or between the same and such building, fence or other structure, as the case may be, a barrier sufficient to protect pedestrian- from such paint or other substance falling upon them, or from coming in contact with such paint or other substance. Sec. 1198. Piling or mixing mortar, etc.. on pavements. It shall be unlawful to place or pile, or to cause or permit 89" to be placed or piled, any sand, gravel, lime, i tar. ter, concrete, or any other substance or mixture, or to allow the same to remain on any portion of any paved street sidewalk in Salt Lake City; or to make or mix. or to c; or permit to l>e made or mixed, any mortar, plaster, concrete, or any other like substance or mixture on any portion of an) paved street or sidewalk in Salt Lake City; provided, that in en work is being done on buildings or pavements, tlie board of commissioners may -ram the person or con tractor doing such work permission to mix cement, concrete uilding materials, in tight boxes, or on tightlj joined boards, on such pavements or walk under such restrictions the hoard of commissioners may deem proper. Sec. 1199. Depositing matter in streets prohibited. It shall be unlawful for any person to intentionally or care- . cast, put into, drop or leave in any street or public place, any stones, gravel, dirt, manure. garbag< rubbish of any kind. Sec. 1200. Distribution of advertisements on streets pro- hibited. It shall be unlawful for any person to distribute in any manner any circular, hand-bill, poster or any adver- ent whatever, in or upon the following portions of the Salt Lake City, to wit: Main street from North Fifth South street. South Temple street from nd West street to Third East streets, First South md West street to Third Easl street, Second ■ from Fifth W< t to Third Easl street, Third South street from Fourth W< et to Thit »m North Temple streel !■• Fifth South -'ate street from North Temple to Fifth and all of the following -tree;-. I ommercial Orpheum avenue, Richards Edison l'iet- enue, Post Office place. Exchange place. Cactus place. Rio < irandi 898 Sec. 1201. Unlawful to burn rubbish, etc. It shall be unlawful for any person to ignite, set fire to or burn any rubbish, paper, shavings, boxes, household refuse or any other combustible materials upon any street, sidewalk, alley or lot within the fire districts of Salt Lake City. Sec. 1202. May burn rubbish without fire district, when. It shall be unlawful for any person to ignite, set fire to or burn any rubbish, paper, shavings, boxes, house- hold refuse or any other combustible material, upon any street, sidewalk, alky or lot in Salt Lake City, outside of said fire districts, except between the hours of 6 o'clock a. m. and 9 o'clock a. m. of any day. Sec. 1203. Soliciting upon streets prohibited. It shall be unlawful for any person to solicit patronage for any hotel, lodging house, apartment house, restaurant or cafe, or to solicit patronage for any purpose whatever in front of any regularly established place of business or in or upon any public street or alley or other jmblic place in Salt Lake City; provided, that the provisions of this ordinance shall not be construed to prohibit any person duly licensed so to do, from soliciting such patronage at railway stations and depots, in the manner provided by law. Sec. 1204. Lunch cars, etc., on streets. It shall lie unlawful for any person to engage in or carry on the business of selling lunches or any article, thing, merchandise or commodity, from or in wagons, cars or any other vehicle or structure in or upon the streets of Salt Lake City within the district bounded on the north l>v the north side of South Temple street, on the east by the east side of Second East street, on the south by the south side of Fifth South street, on the west by the west side of First West street. Sec. 1205. Speechmaking on streets prohibited. Excep- tion, ll shall he unlawful for any person to hold, con- 899 duel or address an) assemblage, meeting or gathering of - ins or i" make or deliver any public speech, sermon, lecture or discussion or to conducl or take part in any public debate or disc'ussion, in or upon any public stn illey within the city of Salt Lake, excepl such person shall have first obtained a permit in writing so to do from the board of commissioners. Sec. 1206. Advertising by floats, etc., prohibited. It shall be unlawful for any person to engage in the business of advertising or to advertise his avocation ■ T business by the use of floats, printed signs, posters or advertisements of any kind, attached to an} vehicle of any description, or any animal, within the district or upon the streets mentioned in Section \2W; provided, however, this ion shall no1 be construed to prohibil advertising by any person of his business by signs and advertisements, painted, printed or attached to vehicles in the customary manner. Sec. 1207. Obstructions. It shall be unlawful for any pers place or deposit upon any street: Any broken wa — . Filth, rubbish, refuse mat- ter, ice water. mur the free passage over or upon the same, or any part thereof, without tlie express permission of the board of commissioners, and then only in accordance with the -tint term- i >f such permission. Sec. 1208. Hitching posts. Iron rings in paved districts. \ny property owner may set hitching posts in the street in front of hi- property, not more than one foot from the 900 water ditch; provided, that said posts do not exceed four feet in heighl and are set in a good, substantial manner, suitable for securing horses and other animals; provided, further, that where streets are paved and curbed, no posts shall be used, but iron rings shall be sunk in the sidewalk or curb in lieu thereof. Sec. 1209. Teams and horses to be hitched. It shall be unlawful for any person to leave any horse, mule or team, standing in any street or public place, without rider or driver unless such horse, mule or team is securely fastened to a hitching post, hitching ring or hitching weight of not less than twenty pounds. Sec. 1210. Names of streets. That all streets of Salt Lake City shall be known by the names by which they are so designated on the official map of Salt Lake City, filed in the office of the city engineer on the day of 191 . . . and such additions, changes and corrections of the names of streets as shall from time to time be placed on said official map by ordinance. Sec. 1211. System of numbering. Initial point. It shall lie the duty of the city engineer, in numbering the houses < nf the city. 1*. ■ number Main street and all other streets parallel therewith lying north of Smith Temple street and west of plat "I," commence at the northwest corner of the junction severally with South Temple street, and number one, with two o] . and number northward !<■ the northern termination of -aid streets respectively. number Smith Temple streel and all other strei del therewith and lying Easl of Main street and south of :i Temple street, commence at the northeast corner of the junct ml streets with Main street, and number one, with number two opposite, and number eastward to the ern limits of the city; provided, that in numbering the north side of Smith Temple street, east of State street. the numbers shall he so placed as to run consecutively with tin- numbers mi the smith side of said street, and as nearly h Other as the difference in size of the blocks will admit. number South Temple street and all streets running llel therewith, and lying west of Main sti immence at the southwest corner of the junction of -aid streets with Main street, and number one. with number . and number westward to the'western termi- All numbers of houses or running east from Mam shall have added thereto the letter I', signifying : all number of 1 running west from Main shall have added thereto the letter W, signifying ■; all numbers of houses on street- running south from i Temple street and west -hall 902 have added thereto the letter S, signifying south; and all numbers of houses on streets west of A street, running north from South Temple street shall have added thereto the letter X, signifying north. Sec. 1212. Numbering in plats "D," "G" and "I." In numbering those portions i >f the city included in plats "D," "G" and "1." lying north of South Temple street and east of State street, there shall be allowed twenty numbers to each side of all blocks of three hundred and thirty feet. To number A street and all streets running parallel therewith, commence at the west corner of the junction of said streets with South Temple street, and number one. with number two opposite, and number northward to the northern termination of said streets respectively. To number First avenue, commence at the northeast corner of the junction of said street with State street and number 101, with number 102 opposite, and number east- ward to the eastern terminus of said street: and to number all streets running parallel with First avenue, begin with the same number as the number assigned to the correspond- ing point on First avenue. Sec. 1213. Commercial and other streets. Commercial street, and all other streets running through any block, six hundred and sixty feet or three hundred and thirty feet in length, hut not extending to the initial point, shall be num- bered separately, beginning with the same number a- the num- ber assigned to the corresponding point on streets running parallel therewith, and following in the same order and general system described in Sections 1211 and 1212. Sec. 1214. Numbering other streets. In numbering the houses and buildings upon all other streets, the city engineer shall follow as nearly as possible the system prescribed in the foregoing sections; and all numbers on such streets shall conform as nearly as may he to corresponding points on 903 parallel or nearly parallel streets, the numbering upon which is in accordance with the provisions of Sections 1-11 and 1212. Sec. 1215. Numbering system must be followed. It shall Ik- unlawful for any person to number any house or building in any manner other than that prescribed in this chapter, and it shall be unlaw nil for anj block or row of houses to be hereafter designated by a distinct numbering of the houses situated therein, and it shall be the dtlt) ol the owners of all such blocks or rows of houses, now num- bered in any manner other than that prescribed in this chapter, to immediately cause said numbering t" conform tii the provisions of this chapter. Sec. 1216. Paving districts. The following paving dis- tricts are hereby created, defined and established in Salt Lake City, viz : Districl X". 1. All that portion of State street lying and being between the north line of Fourth South street and the south line of South Temple street. District No. _'. All that portion of Main streel lying and being between the north line of Fourth South street ami nth line of South Temple street. District X". 3. All that portion of West Temple street lying and being between the north line of 1 A . 1 1 r t South streel and the south line of South Temple street. District No. 4. All that portion of First South street lying and being between the east line of West Temple street and the west line i >f Stat' l>i-trict Xo. 5. All that portion of Second South street lying and being between the east line of West Temple street ami tlir ine of State -treet. •nt Xo. 6. All that portion of Third South -treet lying and being between the east line of West Temple si and the line of State -treet. 904 District No. 7. All of South Temple street from the west line of State street to the east line of West Temple street, and all of the First South street from the east line of State street to the west line of Second East street, and all of Second South street from the east line of State street to the west line of Second East street, and all of Third South street from the east line of State street to the west line of Second East street ; and all of First South street from the west line of Wesl Temple street to the east line of First West street, and all of Second South street from the west line of West Temple street to the east line of First West street. District No. 8. All of Post Office place. District No. 9. All of Edison street. District No. 10. All that portion of State street lying and being between the north line of Fourth South street and the north line of Eighth South street. District Xo. 11. All that portion of South Temple street lying and being between the east line of West Temple street and the east line of Fourth West street. District Xo. \2. All that portion of First South street from the east line of First West street to the east line of Fifth West street. District Xo. 13. All that portion of Second South street from the east line of First West street to the east line of Sixth West street. District Xo. 14. All that portion of State street from South Temple street to the south line of North Temple street. District Xo. 15. All that certain public alley running through lots 3, 4, 5 and 6 in block 70, plat "A," Salt Lake Lake City Survey, more particularly described as follows: An alley 14.06 feet wide, or 7.03 feet on either side of center line, beginning 4.85 feet west of the southwest corner of lot 4. block 70, plat "A." Salt Lake City Survey, and running thence north 568.85 feet, and thence 10 feet wide, or five 90S feet wide on either side of the center line, running east 115.7 to the west line of Commercial District No. 16. All that portion of Second South street lying between the west line of Second East street and the Third East street. District No. 1". South Temple from Mam streel eastward to the militarj reservation. Paving District No. 18 shall be and consist of all that portion of South Temph lying between the east line State street ami the west lim ol renth i asl street. Paving District No. 19 shall be and consist of all that portion "i Second South street lying between the west line of Third East street and the west line of Tenth East street. Paving Ditsirtct No. 20 shall be and consist of all that anyon road lying between the east line of State nd the south line of Second avenue. Paving District No. 21 shall be and consist of all that ion of Fourth South street lying between the west of West rempl* and the west side of Second i ind all that portion of Main street lying between the south side of Fourth South street and the north side of Ninth South street. Paving District No. _'_' shall be and consist of all that portion of State street lying between the south side of North Temple ind the smith side of Second North strei Iirst North street from the east side of Main street to State Street; and West Canyon street from Slate street to the h side of Second North Paving District No. 23 shall be and consist of all that portion of Second avenue lying between the west side of Canyon road and the west side of Virginia that portion treet lying between the north side of South nd the south side of Second avenue, and that portion of First avenue lying between the west si I and the v of J street. 906 Paving District No. 24 shall he and consist of all that portion of X street lying between the north side of South Temple street and the north side of Fourth avenue. Paving District No. 25 shall be an consist of all that portion of West Temple street lying between the south side of Fourth South street and the north side of Fifth South street. Paving District No. 2<> shall be and consist of all that portion of Sixth East street lying between the south side of South Temple and the north side of Second South street, and between the south side of Second South street and the north side of Third South street. Paving District Xo. 27 shall be and consist of all public streets and alleys included in the following described tract, to wit : Bounded on the west by the west line of Third East street; on the east by the west line of the Fort Douglas U. S. military reservation ; on the north by the north line of South Temple street; and on the south by the south line of Ninth South street, except such streets as are already provided for by other districts. Paving District Xo. 28 shall be and consist of all public streets and alleys included in the following described tract, to wit : Commencing at a point at the intersection of the west line of Fifth 'West street and the north line of Ninth Xorth street: running thence east along the north line of Ninth North street to the west line of First West street : thence south along the west line of First West street to the north line of Fern avenue ; thence east to the east line of First West street ; thence south along the east line of First West street to the north line of Second North street: thence east along the north line of Second Xorth street to the west line of West Temple street: thence south to the north line of lot 1. block 104. plat "A;" thence east along the south line of West Temple street to the west line of West Temple street : thence south along the west line of 'West Temple 907 street to the north line of First North street ; thence east along the north lin< ol First North street to the wesl line of State street . thence south along the west line of State street to the ; South Temple street; thence east along the ii ; mth remple street to the wesl line of I'hinl eet; thence south along the west line of Third I street to the south line of Ninth South street; thence wesl along the south line of Ninth South street to the west line Fifth VV( et; thence north along the west line of Fifth West street to the north line of Ninth North street, to the place "i" beginning, except such streets as arc already provided for in other districts. Paving District No. 29 shall be and consist of all public streets and alleys included in the following described tract, • it : West of the west line of Fifth West street; cast of the ■ik of the Jordan river; north on the south line of Ninth South street: and south of the north line of Ninth North street, except such streets as arc already provided in other districts. Paving District No. 30 shall l>e and consist of all public streets and alleys included in the following described tract. mencing at the intersection of the west line of hirst We- and the north line of Ninth North street; run- ning thence smith along the west line of First V the north line of Fern avenue; thence east h First West street; thence -'•nt!] along the line of First West street to the north line 1 North lie north line of Second North strc line of Wesl Temple street; thence south along the west line of West Temple street t" the north line of \<<\ 1. block 104, plat " \ :" thence cast along the south line of West Temple street t.. the wesl line of West Temple •nth along the west line of West Temple the n^rth line .>|" First North street; thence east alon rth line of I'irst North street to the west line state south along the west line thence pie str< hour ' . - • rvation ; thence north the wes 5 U. S the northw i - Ejlas I". S c north to the north line section 2S nship 1 nter line of vvnship 1 north. ran§ the : thence west along the center nship 1 north, range 1 \ the £ Sec L217 .'.1 public street- - included in the f to wit : corner of Third Fast and Ninth South I running- south to the south si.'; Eleventh South the w S, thence Thirteenth I ■ .hence north the south - - and thence the point .8. Pa\ - nsist of all tl the city lying - : the west line of Maif. not included in a paving ited and established. Sec. 1219. District . and consist of all that portion of the city lying west of the west line of Main not included in a paving district heretofore created and established. Sec. 1220. Freight wagons prohibited on a certain por- tion of Main street. It shall l>e unlawful for any person Irive any dray, farm or delivery wagon or other frei vehicle over Main street between Ninth South street and the northerly side of Tenth South street; provided, thai per- owning or residing "ii property abutting on said portion of Main street may drive, or cause to be driven • 1 ]>..rti"ii of Main street, any vehicle in going and from their residence or premisi Sec. 1221. Riding bicycles upon sidewalks prohibited. It shall l>c unlawful for any person to ri>U- any bicycle. tricycle, velocipede, motorcycle or other riding machim vehicle upon any sidewalk within this city, except that the li"iirs of 3 and 8 a. m. and 5 and 7 p. m., between November lsl and May 1st following, -aid riding except motorcycles) may l>e ridden upon any walk where the street is n<>t paved or macadamized. Sec. 1222. Speed. It shall be unlawful for an} pi t<> ride any such riding machine or vehicle upon any bi< path or ity at a rate oi ter than miles per hour, - any sidewalk at a rati r than five mile- per hour. All persons riding . .r wheeling any bicycle "r other riding machine "ti any path <>v street <>r sidewalk, -hall, when meeting •her. turn to the right. Sec. 1223. Bicycles to be provided with gongs and lights. It -hall be unlawful for any person t" rid. pede, motorcycle, '>r other riding nine, vehicle "r apparatus, on any ••!' the sidewalks of the upon the biycle path in Liberty Park, without having in connection therewith sufficient sound \>< warn .. and using the same in warning pproach. It shall al unlawful for any person le, trie 68 910 or other riding machine, vehicle or apparatus, on any of the public sidewalks of the city, or upon the bicycle path in Liberty Park, between sunset and sunrise without a lighted lamp or lantern so conspicuously placed thereon as to warn persons of its approach. Provided, the provisions of this ordinance shall not be con- strued so as to permit the use of motorcycles or other self-propelled vehicles upon any sidewalk of Salt Lake City. Sec. 1224. Penalty, any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished bv a fine in any sum not exceeding fifty dollars or bv imprisonment in the city jail for a period not longer than thirty days. The court may. in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. 911 CHAPTER LVI. STREETS AND [RRIGATK >N. Section 1225. Office of supervisor of streets and irri- gation created. There is hereby created and established within and for Sail Lake City, Utah, the office of super- visor "i streets and irrigation. The supervisor oi streets and irrigation and all officers, deputies, clerks and em- ployes shall be included in the department of streets and public improvements, under the general direction of the commissioner of streets and public improvements Sec. 1226. Appointment. Salary. Oath. Bond. The 1 of commissioners may appoint a competent person the office of supervisor of streets and irrigation, who shall receive a salary of $2,400 per annum, payable monthl) as are the salaries of other city officers. The supervisor of stre< and irrigation shall, before he enters upon the duties oi his iki- and subscribe the constitutional <>aih of office and execute a bond with good and sufficient sureties t.. be approved l>\ the board of commissioners, payable \>> the city in the penal sum of $6,000, conditioned for the faithful performance of the duties of his office and the payment of all moneys received by him a- such officer, according to law and the ordinances of the said city Sec. 1227. Chief clerk. Salary. Oath. Bond, etc. There is hi Ffice of chief clerk in the department ts and public improvements, board of commissioners • ■< Sail Lake City, Utah, may appoint a competent person t" the ..ffice of chief clerk- in 'he department of streets and public improvements, who shall receive a salary of $1,500 per annum, payable monthly ■he salaries ity officers, and who -hall 912 perform such duties as may be prescribed by the board oi commissioners and t he commissioner of streets and public impn ivements. The chief clerk in the department of streets and public improvements shall, before entering upon the duties of his office, subscribe the constitutional oath of office and give bond to Salt Lake City in the sum of $1,000, conditioned as provided by law. . Sec. 1228. Duties. The supervisor of streets and irriga- tion shall enforce all ordinances of the city and all orders of the board of commissioners relating to streets and sidewalks, then- use and occupation, irrigation within the limits of the city, apportionment of irrigation water, ditcher, bridges, flumes and aqueducts. He shall have charge of all public streets, avenues and alleys and the care and maintenance of the same, lie shall enforce all ordinances relating to poll tax and the collection of the same. He shall have charge of all tools, appliances, implements and equipments belonging to the city and used in the various departments of which he is head. lie shall make full and complete reports in writing, monthly or as often as required by the commissioner of streets and public improvements or the hoard of commissioners, of all work done and moneys collected and expended in the department of which he is head. The board of commissioners may appoint the following assistants, clerks and employes in the department of streets and irrigation. \ poll tax collector, and such clerks and stenographers as may be deemed advisable for the proper conduct of the said department, at such salaries as the board shall deter- mine. Sec. 1229. Supervisor of streets and irrigation to locate ditches, etc. It shall he the duty of the supervisor of streets and irrigation to see to the proper location, construction and 913 repair of all public gates, dams, flumes, ditches and reservoirs necessarj for the proper controlling and distribution of such water within the corporate limits. He shall also keep a record of the location of all principal gates, dam--, flumes, ditches, canals and irs, which record shall show the nature of their construction, the length and capacity of the principal canals and ditches; also the extent and nature of the ownership of other corporations or of individuals, or associa- tions owning rights in any such ditches "t" canals. Said irds shall also shew the location of all weirs or othei means employed to divide the waters of any ditch, canal. ther conduit for irrigation water, as well as the proportion of water to be divided or drawn from said weirs or "ther devices, and to whom and at during what particular times and seasons water is to be drawn, together with such "ther information as may be necessary to enable a proper understanding of the city's rights from an examina- - ud records. Sec. 1230. Head-gates and branch ditches. It shall be unlawful for any person to convey water, from a public ditch, to his l"t or premises, 1>_\ an irrigation ditch, without having constructed, under the direction of the sup. i ind irrigation, a substantial gate, both in the public ditch and at the head of his branch ditch; the latter he shall keep closed ami water-tight, except during the periotl allotted t" him t'"r the use of such water; and where such branch ditch - any portion of a sidewalk, such ditch shall if lumber or "ther substantial material, the covering of which shall be "ii a level with such sidewalk. Sec. 1231. Guard against damage. Where persons are water across lands lying betwi their premises and the public water ditches, the conveyance shall be done with the least possible injury t.. property, both in constructing the necessary ditches and in managing the water flowing therein, and such shall be liable 014 for all damages caused by negligence in the construction of said ditches or in the management of water flowing therein. Sec. 1232. Right of way along ditches. Where public water ditches pass through private grounds, the right ol way for which has been acquired, the supervisor of streets and irrigation and his assistants are authorized to pass along said ditches as occasion may require, during the continuance uf such right. Sec. 1233. Surplus water. It shall be the duty of all persons using water for irrigation or other purposes to conduct the surplus or waste water into a public water ditch, and it shall be unlawful for any person to permit such water to flood the streets, sidewalks, or private prop- erty to the damage thereof, or to run to unnecessary waste. Sec. 1234. Wrongful diversion of water prohibited. It shall be unlawful for any person to turn the water from any public water ditch or reservoir, or from any private ir- rigating ditch during said irrigating period, except when the use of such water has been duly allotted to him, or to wilfully or maliciously break any dam, gate, sluice or ditch used for diverting or controlling such water, or to m anv manner change the current or flow of water used for irrigating purposes, in any of said ditches. Sec. 1235. Appeal from apportionment. Any person aggrieved at the proportion of water allotted to him by the supervisor of streets and irrigation, or at any other act claimed to have been done under the provisions of this chapter, may, on written complaint, be heard by the board of commissioners, who shall grant such relief as ma\ be proper; but all such complaints must be presented to the board of commissioners within twenty days from the origin of the act complained of. 915 Sec. 1236. Public water ditches defined. Public water ditches are defined to be: First, the natural and artificial channels through which water flows into Sail Lake City; second, those constructed along the streets; and, third, th through lots and blocks, foi public use, and over which the city exercises control and jurisdiction. Sec. 1237. Where public ditches may be crossed. It shall be unlawful for any person to drive anj wagon or other vehicle across an) public water ditch or canal within the corporate limits of Salt Lake City, other than at a ilar crossing, '>r to place any pole, board or any other obstruction whatever, in an) such public ditch or canal, for any purpose, or to in an) manner interfere with the free unobstructed flow of water in Mich ditch or canal. Sec. 1238. Bridges and flumes to be constructed across ditches or canals. It shall l>c the duty of any person, desir ing to drive across any public water ditch or canal, at an) place other than at a public crossing, before so doing, t" place over said ditch or canal a good and substantial bridge, or t" place in -aid ditch or canal a good and sub- tial covered flume, sufficiently high and of sufficient a- nol t" interfere with or prevent the free and unobstructed flow "I water in said ditch "i- canal. -aid bridge "r flume to be constructed under the direction ' >f the supet reets and irrigation. Sec. 1239. Penalty. \n\ person violating am of the provisions of tin- ordinance -hall, upon conviction thereof, be punished by a fine in any sum ma exceeding fifty dollars by imprisonmenl in the city jail for a period nol longer than thirty day- The court may, in imposing a fine, enter i part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city iail for a period nol ling thirty days. 916 CHAPTER LVII. STREETS. TRAFFIC AND TRAVEL ON. Section 1240. Construction and definition of words and phrases used in this ordinance. The words and phrases used in this ordinance shall, for the purposes of this ordinance, unless the same l>c contrary to or inconsistent with the context, be construed as follows, and any such words used in the singular number shall be held to include the plural: "STREET" — Shall include any highway, public street. avenue, alley, park, parkway, driveway, bridge, viaduct or public place in Salt Lake City. "CURB" — The lateral boundaries of that portion of the street designated by curb constructed of stone, cement, con- crete, or other material or thing so marked. "V KII ICLE" — Equestrians, led horses and everything on wheel- or runner- except street cars, hah)- carriages and invalid wheel chairs. "HORSES" — All animals used for the purpose of rid- ing and drawing vehicles. "DRIVER" — The rider of wheels and the operator of motors, wheels, automobiles, and the rider of a horse and the driver of -vehicles drawn by a horse or horses. "CLOSELY BUILT UP"— (1) The territory in Salt Lake City contiguous to a street which is at that point built up with structures devoted to business. (2) The territor) in Salt Lake City contiguous to a street not devoted to business where for not less than a quarter ol a mile the dwelling houses on such highwav average less than 300 feet apart. Sec. 1241. Keep to right when passing. Every driver of a vehicle meeting another vehicle shall pass on the right. 917 1242. Overtaking another vehicle pass to the left. ry driver of a vehicle overtaking another vehicle shall l>a-- "ii the left side of the overtaken vehicle, and not l>ull over i" the right until entirely clear of the overtaken vehicle. Sec. 1243. Heavily loaded keep close to right curb. Drivers of slow moving and heavily laden vehicles - to the right curb, on all paved streets. Sec. 1244. Keep to right on street divided by parkway and viaducts. < mi all avenues or streets divided by park- wax-, walk, sunkenway or viaduct, drivers of vehicles shall le right of such division. Sec. 1245. Keep to right hand curb turning into another street to the right. Every driver of a vehicle turning into anol the right shall turn the corner as near the hand curb as possible. Sec. 1246. Turning to the left shall turn around the intersection. Ever) driver of a vehicle turning into another ; shall turn around the intersection of the two Sec. 1247. Shall make a complete turn and not cross streets. Dri vehicles that are proceeding correctly along the right side of the street and desire t>> discharge terchandise or passengers on the left side of the ■ shall cross over, making a complete turn. Sec. 1248. Not stop with left side to curb. No vehicle shall stop with the left -i the curb. Sec. 1249. Not stop in street, except near the right hand curb. No driver of a vehicle, utiles- in an en another vehicle or ] its path. 918 shall stop the same in any public -tree; or highway except mar the right hand curb thereof, and so as not to obstruct a crossing. Sec. 1250. Not to proceed in procession. The drivers of vehicles owned or controlled by any firm, person or cor- poration shall not proceed in procession, and a distance of at least twenty-five (25) feet must be between every such vehicle. 'This ordinance shall nol apply to funeral pro- cessions going to cemeteries. Sec. 1251. Drivers signal vehicles in rear when stop- ping. The driver or person jn control of the vehicle, in slowing or stopping, shall signal those in the rear by raising a whip or hand vertically. Sec. 1252. Drivers to give signal before making a turn. No vehicle shall be turned while in motion, or in starting to turn from a standstill, unless a signal shall previously be given by raising the whip or hand, indicating by it the direction in which the turn is to be made. Sec. 1253. Drivers to give signal before backing a vehicle. No per>on in control of a vehicle shall back same without ample warning having been given, and while backing unceasing vigilance must be exercised not to injure those in the rear. Sec. 1254. Pull to right when vehicle behind desires to pass. Every person in charge of a vehicle shall pull to the right side of the street or road when signaled from a vehicle behind desiring to pass. Sec. 1255. Signal on all vehicles. It shall be unlawful for any person to ride, drive or propel any bicycle, tricycle, velocipede, motorcycle, automobile, or any other riding machine or horseless vehicle upon the street-- of Salt Lake without having attached thereto a l>ell or horn in I working order and of proper size and character suffi- cient i" u;i\i' warning of the approach of such vehicles pedestrians and t" riders or drivers of other vehicles, and to persons entering or leaving street cars, and such bells • t horns shall not be sounded except when neces; warning; and the driver of such vehicle shall, before ssing any street within the business district of Salt Lake City and before passing any street car in said district where and upon approaching any pedestrian or vehicle, sound said 1 > *.- 1 1 or horn; provided, thai the provisions oi this ion shall not apply t" ambulances or vehicles belonging the iirc and police departments of Salt Lake City. All bicycles, tricycles, velocipedes and electric vehicles shall a bell, all motorcycles shall use a tenor horn, and all automobiles, except electric vehicles, shall use a horn, and a g and whistle shall be used by the police and fire depi ment and ambulanci Sec. 1256. Brakes on vehicles. It shall be unlawful any person to ride, drive or propel any automobile, cle, bicycle, tricycle or other similar vehicle, unless the same shall be equipped with a brake or set of brakes, which shall be of sufficient power when applied to bring such vehicle when running at a speed of twelve miles an hour, to a full stop within ten feet from the point such vehicle was when such brake was applied. Sec. 1257. Machinery not to run while machine is standing. It shall be unlawful to permit any automobile. motorcyi ither similar vehicle, to stand in any street of the city with any part of its machinery running, exi when occupied by a competent operator, and then only for a period not to exceed ten minutes. Sec. 1258. Motors not to emit smoke or steam. No person operating a self-propelled vehicle shall permit the 920 motors of the same to operate in such a manner as to visibly emit an unduly great amount of -team, smoke or products of combustion from exhaust pipes or openings. Sec. 1259. Vehicles operated in a noiseless manner. No automobile or other self-propelled vehicle shall be oper- ated with the muffler open, and all such vehicles shall be SO equipped as to make the operation of them as in useless as possible. Sec. 1260. Vehicles must carry danger lights. All automobiles operating or standing upon the streets of Salt Lake City between one hour after -unset and one hour before sunrise, -hall he provided with at least two lighted lamps showing white lights visible for a reasonable distance in the direction towards which such vehicle is going, and one red light attached to the rear of such vehicle, on left side, visible for a reasonable distance in the rear thereof. Said lamp shall have a glass on the side thereof to show a white light and he so arranged that said wdiite light shall make the number of said vehicle visihle, and all other self-propelled vehicles operating or standing upon the streets of Salt Lake City between the hours aforesaid shall be provided with at least one lighted tamp showing white light, visible lor a reasonable distance in the direction towards which such vehicle i- going, and one red light attached to the rear of such vehicle, visible for a reasonable distance in the rear thereof, and it shall he unlawful for the owner, driver or operator of said vehicle to fail to comply with the pro- visions of this section. Sec. 1261. Vehicles that have right of way. Vehicles of the- police department, fire department, fire patrol, traffic emergency repair. United States mail, and ambulances shall have the right of way at all times in any street or through any procession. 921 Sec. 1262. Vehicles going north or south to have right of way. All vehicles traveling north and south have the right of way. over vehicles of the same class traveling and west. Sec. 1263. Two or more vehicles side by side. It shall lu- unlawful for two or more vehicles to travel side bj side "ii any of the streets of the city. Sec. 1264. Streets not to be obstructed by vehicles. No vehicle >>r street car shall occupy anj street so as to interfere with or interrupt the passage ol other cars or \ ehicles. Sec. 1265. Vehicles taking on or letting off passengers. \n\ vehicle waiting at the curb shall promptly give place i vehicle about i" lake "ti or let off passengers. Sec. 1266. Pull to right upon approach of fire apparatus. The driver >>r person in control of a vehicle, on the approach ngine or other apparatus, ^hall immediately draw up said vehicles as near as practicable to the right h curb and parallel thereto and bring it to- a standstill, and upon the approach of any police patrol or ambulance shall turn to the right t" give right of way. Sec. 1267. Keep ten feet from street cars. Every per- riding, driving, propelling or in charge of any vehicle upon any street shall keep said vehicle at least ten feet from the running board or lowesl step of am streel car which lia^ stopped for the purpose of taking "ti or disch; ing passei and if by reason of the presence of such vehicle at the place where such ear has stopped, or bj ~"ti of the narrowness of thi or for any other reason not possible to preserve such distance of ten feet from such running board or lowest - herein prescrib then such person shall stop such vehicle until such car 922 shall have taken on or discharged its passengers and again started. Sec. 1268. Speed regulations. (li No person shall operate a self-propelled vehicle on a street of Salt Lake City at a rale of speed greater than is reasonable and proper, having regard to the width, character, or traffic and use of the street, or so as to endanger life or limb on any street. \2) Upon approaching a bridge, viaduct, sharp curve, dugway or deep descent: also in traversing such bridge, viaduct, curve, dugway or descent, the person operating such vehicle shall have it under control and operate it at a rate of speed not exceeding one mile in six minutes and upon approaching a crossing of intersecting streets at a rate of speed nut greater than ten miles per hour. (3) Upon approaching any person walking in a road- way or traveled portion of any street of Salt Lake City, or a horse or any either draft animal being led. ridden or driven therein, or a crossing of intersecting streets or a bridge, viaduct or sharp turn or curve, dugway or deep descent, and also in passing such person, horse or other draft animal, and in traversing such crossings, bridge, via- duct, curve, dugway or descent, the person operating such self-propelled vehicle shall have the same under control and shall reduce its speed. If such horse or other draft animal being so led, ridden or driven shall appear to be frightened, or if the person in charge thereof shall request or signal so to do by putting up his hand, the person operating said vehicle shall immediately stop, and if traveling in the opposite direction, shall remain stationary so long as may be reasonable to allow such horse or animal to pass: or if traveling in the same direction, shall use reasonable caution in thereafter passing such horse or animal so as to prevent accident and insure the safety of others, and to prevent frightening the same, and shall not use the exhaust 923 cut "lit of such vehicle when so approaching or passing such horse or other draft animal. Sec. 1269. Covered vehicles. No person shall drive a vehicle that is so covered in as to prevent the driver thereof from having a sufficient view of the traffic following and at the sides of such vehicle, unless there is attached to such vehicle a mirror of such kind and so placed thai the driver of said vehicle may see thereon the reflection ol the street for a distance of at least 200 feet behind said vehicle. Sec. 1270. Not to cause blockades. No one shall drive conduct or load such vehicle in such manner as to be likely to cause a blockade, accident, breakdown or injurs to man or beast or property. Sec. 1271. Not to be loaded so as to make noise. No person shall so load a vehicle with iron or other material that may strike together and produce a great noise, without properly "deadening" it s. i it shall cause no unnecessary m ■! - Sec. 1272. Not to be driven by chauffeur under eighteen years of age or by other persons under sixteen years of age. No ■ eighteen years of age shall engage himself fur hire, or l>e employed by any person, firm, corporation or association, as driver or chauffeur of any self-propelled vehicle: and no other person, under sixteen years of shall drive am felf-propelled vehicle, except a motorcycle, on the of Salt Lake City; provided, however, that any boy, under the age of sixteen years, who shall satisfy the chief of police of hi- competencj and secure from such officer a written permit t" drive a motor car may drive ile Owned by his parents when accompanied l>y an adult member of the family. 924 Sec. 1273. Not to ride without permission. No one shall ride or jump upon the rear of any vehicle without permission and when s<> riding no part of the body of such person shall protrude beyond the limits of the vehicle. Sec. 1274. Backed up to the curb, turned to the right Horses attached to vehicles backed up to the curb shall be turned to the right. Sec. 1275. Unlawful to unnecessarily obstruct passage of other vehicles. It shall be unlawful for any pedestrian or vehicle to wilfully or unnecessarily obstruct the passage of any other vehicle or pedestrian. Sec. 1276. Drivers' obedience to commands of officers. Drivers must at all times comply with any directum- given by voice or hand of any officer of the police Force as to stopping, starting, approaching or departing from any place, and also as to the manner of taking up or letting ofl passengers and the leading and unloading of vehicles Sec. 1277. Unlawful to throw or deposit nails, tacks, etc., in any street. No person shall throw, deposil i i place upon any street within Salt Lake City any nails, tacks. crockery, scrap iron, tin, wire, bottles, glass, thorns or thorn}- clippings, or tlmrnv or other branches of tree- or bushes, i ir boxes, boards, lumber or stone, or an\ other article or tiling liable to cause the tire of any vehicle to beii 'me punctured, or a vehicle to be otherwise injured or damaged. Sec. 1278. Accidents. In case of an accident to a person or propert) on the streets of Salt Lake City, due to the operation thereon of a vehicle, the person operating such vehicle shall stop, and upon request of the person injured or any person present, give such person his name and address, and if not the owner of such vehicle, the name and address of such owner. "-'5 Sec. 1279. License. No person shall ride anj motor- cycle, or motor bicycle on anj street or public place within this city unless ;i license has been procured for the use thereof as hereinafter provided. Each of said vehicles shall be separately licensed and such license shall be issued by the license assessor, signed by the mayor and attested by the city recorder, under the seal of the city, after the payment by the applicant for such license to the city treasurer of the stun of $3 for each license per year. Such license shall be effective until the 31st daj of December next following its issuance and, shall contain the name of the owner, the make, the style and number <>i such vehicle, and may be transferred with the machine tor which it is d, hut nut otherwise. There shall be issued with such license a tag to be paid for by the licensee, -tamped with the number of the license, which tag must he attached aid vehicle in a conspicuous place, where it can be seen at all time-. Sec. 1280. Use of sidewalks by motorcycles, etc. No person shall operate a motorcycle, or motor bicycle upon any sidewalk of Salt Lake City. Sec. 1281. Mufflers on motorcyles. No motorcycli motor bicycle shall be operated on the streets of Salt Lake without a muffler being attached thereto. Sec. 1282. Number. Every motor carriage, whether propelled by gasoline, electricity or -team, -hall at all times while being u-cd or operated upon the streets of Salt Lake i number assigned to it by the secretary of state of the State of Ltah. displayed on the hack or rear thereof in a conspicuous place and manner, secureh d so a- not to -win- and so that the -ame cannot 1"- raised to -how the hack of -uch number, and so a- to be plainly visible, the numbers t.. he \ra!>ie numeral- and upon a plate i.irker. the -aid number to he followed by the initial 60 926 letter of this state on the plate or marker, the figures thereon to be four inches high and each stroke thereof to be one-half, and the said letter thereon to be not less than one inch in width and at all times unobscured. The said number shall also be conspicuouslj displayed upon the front of said vehicle. Sec. 1283. Mechanic or employe. Or for hire. Badge. No person shall use or operate any motor carriage, whether propelled by gasoline, electricity or steam, upon the streets of Salt Lake City, as mechanic, employe or for hire, without having obtained from the secretary of state of the State of Utah a badge, as provided in subdivisions 1, 2, and 3 of Section 5 of Chapter 113 of the laws of Utah. 1909, which badge shall be worn by such person, pinned to his clothing in a conspicuous place, at all times while he is operating such carriage, and no such person shall voluntarily permit any other person to wear .said badge, nor shall any person while operating said carriage wear any badge belonging to another person, or a fictitious badge. Sec. 1284. Employers of drivers to keep record. Every person, firm, or corporation, engaged in the business of renting or hiring out self-propelled vehicles, and employing drivers or chauffeurs to operate such vehicles, shall keep a record containing the name, address and age of each driver or chauffeur in his or its employ, which record shall be shown to any peace officer upon demand. All persons lending their machines shall keep a record of name and address of persons to win mi loaned and furnish it to chief of police upon demand. Sec. 1285. Intoxication. It shall be unlawful for any person, while in an intoxicated condition, to ride or drive, or attempt to ride or drive any animal, or to ride, drive or propel, or to attempt to ride, drive or propel any vehicle. 927 or i" Have charge or control of any animal or vehicle on ari) public street of this city . \n\ person violating the provisions of iliis ordin shall, upon conviction thereof, be punished by imprisonmenl in the city jail for nol less than three days nor more than -i\ months. Sec. 1286. Standing within ten feet of a hydrant. h ■-hall be unlawful for any person t>> hitch, or t<> leave standing, or to cause or permit to be hitched or left stand- ing, any vehicle in any public street within ten feel of an) tire hydrant. Sec. 1287. Permit to be obtained to stand in front of premises. It shall be unlawful for any driver oi vehicle which is For hire, to permit such vehicle to stand or remain in fronl of any place of business without first obtaining the consent of the tenant of such place and the permission of the chief of police. Sec. 1288. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof be punished by a fine in any -urn nol exceeding fifty dollars or l>\ imprisonment in the city jail for a period not longer than thirty day-. The court may. in imposing a fine, enter part of the nt, that in default of the payment of the fine the defendant may he imprisoned in the city jail for a period not exceeding thirty days 928 CHAPTER LVIII. TELEGRAPH, TELEPHONE, STREET RAILROAD, ELECTRIC WIRES AND POLES. Section 1289. Erection of poles, etc. It shall be unlaw- ful for any person to erect or maintain any telegraph, telephone, street railroad, electric light or electric railroad poles within the corporate limits of Salt Lake City, without having first executed and delivered to Salt Lake City a bond in the sum of twenty-five thousand dollars, to be approved by the board of commissioners, conditioned that he will indemnify and save the city harmless from any and all damages that may lie caused by reason of the erection, maintenance, operation, management or use of such tele- graph, telephone, street railroad, electric light or electric railroad poles or the wire thereon within said city. Sec. 1290. It shall be unlawful for any person, firm or corporation to erect in any part of any street of Salt Lake City, which is paved, or which is about to be paved, any wooden pole or poles, for any purpose, except upon a permit issued by the board of commissioners of said city; or to erect any pole or poles of any kind, for any purpose, in any other street of said city except in strict pursuance of a written permit from the city engineer. The permit authorized l>v the hoard of commissioners and issued by the city engineer shall specify the person, firm or corporation to whom it is issued, and the material, size, height, construction and location of such pole or poles, and which permit must be on the ground where such poles are being erected, and must be freely exhibited to any person or city officer asking to examine it. Sec. 1291. To whom issued. No permit for the erection or maintenance of any telegraph, telephone, electric light, street railroad, electric railroad or other poles in any of 929 the streets of Salt I ake Citj shall be issued to anj person, unless 1h- i- a holder of a franchise from the city, granting certain specified and privileged uses of said streets; provided, that a copy of such franchise shall be placed on file with the cit) engineer for his guidance; and, provided, thai nothing in this section shall be construed to authorize the erection of any pole withoul a permit from the city engineer. Sec. 1292. Applications. All applications For permits to erect poles must be in writing addressed t" the city- engineer, must be signed by the person desiring to ei the poles therein specified, must state the place or places where it is desired to erect poles, and must be accompanied b\ a fee of one dollar for each pole, permission to erect which is applied for. Such application must be left with the city engineer and he filed in his office. Sec. 1293. When permits not granted. It shall he un- lawful for any person to erect or to cause to he erected any or poles in any street when the erecting thereof will in any manner interfere with any sewer connection, o a s or water main or pipe, or which will in any way interfere witli the free use of said streets, and the city engineer is hereby prohibited from granting any permit for the erection of poles, the setting of which will in any mannei violate this section. Sec. 1294. Poles at intersection. It shall he unlawful in) person to erect or maintain any pole or other oh struction in the intersection outside of the curb line of any Salt Lake City, except by permission of the hoard of commissioners of Salt I. .ike City, which permission shall designate the person to whom permit is issued, and the material, size, height and construction of such pole or poles. Sec. 1295. Poles in center of streets. It shall In- un- lawful for any person to erect poles of any character or for any purpose in the center of any street in Salt Lake City. 930 Sec. 1296. Finish of poles. It shall be unlawful for any person to erect or maintain any wooden pole or poles in any street of Sail Lake City, unless such pole is peeled and neatly trimmed of knots, presenting a smooth appear- ance, and painted an olive green color: or to erect or main- tain in any such streets any steel pole unless the same shall be painted an olive green color, or to fail to designate by letters in white on all poles to be erected or maintained. the name of the corporation erecting and maintaining the same. Sec. 1297. Height of Wires. It shall be unlawful for any person to attach any telegraph, telephone or electric light, electric or power wire to any pole in the streets of Salt Lake City at a distance of less than twenty feet from the grade of the street at the base of the pole. Provided. trolley wires shall not be less than fifteen feet from street grade. It shall likewise be unlawful for any person to at- tach any wire, except guy wires, to any pole already hav- ing wires thereon used for a different purpose, at a distance of less than three feet from wires previously attached : provided. that this section shall not be construed to prevent any person already having wires attached to a pole, from attaching additional wires at a distance of less than three feet, nor from preventing any person when authorized or directed by the city engineer, from attaching wires to poles at a dis- tance of less than three feet from existing wires when the new wires and the existing wires are used for similar cur- rents: provided, further, that when directed by the city engineer, for the purpose of crossing other wires or other obstructions, the height and distance of wires may be varied. Sec. 1298. Number of wires limited. It shall be unlawful for anv person to string more than one hundred separate wires upon any telegraph, telephone or electric light pole. Sec. 1299. Fire alarm or police telegraph. In case the corporation of Salt Lake City desires at any time to 931 put in operation any fire alarm or police telegraph system, it reserves t" itself the right to use the top of, or a >pace near the top of, any and all telegraph and telephone poles, trtc of expense, for the purpose of attaching wires thereto for use in said fire alarm or police telegraph, and the grant- ing of any franchise to any person to erect poles for anj "i the purposes indicated in this chapter shall be with the above reservation of privilege and right. Sec. 1300. Poles not to be removed or injured. It shall be unlawful for any person t" wilfully or negligentlj injure, pull down, break or deface any telegraph, telephone, electric light or power pole or wire erected or standing in the stn Salt I .ake ( ity. Sec. 1301. Penalty. Anj person violating anj of the provisions "t' this ordinance shall, upon conviction thereof, he punished by a fine in anj sum not exceeding fifty dollars or b) imprisonment in the city jail for a period not longer than thirty days, The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period nol exceeding thirty days. 932 CHAPTER LIX. VACANCIES. Section 1302. Vacancies. Elective offices. If anv vacancy shall occur in the office of mayor, commissioner or auditor by death, resignation, removal or otherwise, such vacancy shall be filled for the unexpired term, by appointment of the board of commissioners. Should the board of com- missioners fail for thirty days to fill the vacancy in the board, then the auditor shall sit as a member of the board, for the purpose of choosing some person to fill said vacancy. Sec. 1303. Vacancies. Appointive offices. If any vacancy shall occur in any appointive office provided In- law or ordinance the hoard of commissioners shall fill such vacancy. 933 CHAPTER LX. VEHICLES, IK Section 1304. Hack driving without license prohibited. Exception. Ii shall be unlawful for any person to drive an) hack, cab or other public passenger vehicle, upon any of the streets of Salt Lake City, unless he has complied with the provisions of Section oi the license ordinance. except -aid person is driving a "call carriage" from a duly licensed livery -table. Sec. 1305. Licensed public vehicles to stand fifty feet apart. It shall be unlawful for any person to stand any licensed public vehicle upon any street in Salt Lake City. unless he i- at the time actually engaged, at a distance of less than fifty feel from any other licensed public vehicle at the time standing "ii such street: or to -taud a licensed public vehicle on any cross-walk or the intersection of any streets, or within ten feet of any cross-walk or inter- section of any streets, at any time: provided, that licensed public passenger vehicle- may stand less than fifty apart in any street, except on cross-walks and street inter- sections, at or near a passenger depot for a period of ten minute- before and ten minutes after the arrival of any r train. Sec. 1306. Furniture vans excluded from certain streets. It -hall be unlawful for the owner, driver or other person having charge of any furniture van. moving van or other red wagon, to cause or permit the same to remain or to stand upon any of the following named streets in Salt l.ake City, to wit: Main -treet from South Temple street ifth South -treet: h'ir-t South. Second South and Third h -treets from We-t Temple -treet to State -treet: 934 Commercial street, Richards street and Post Office place, Exchange place, Cactus street, Pierpont avenue or Edison street, unless the said van or wagon is engaged at the time in receiving or delivering freight or goods. Sec. 1307. Vehicles to have flat tires, etc. It shall be unlawful for any person to transport, haul, drive, propel or convey, or cause to he transported, hauled, driven, propelled or conveyed, any load, weight or burden over or through any of the public streets, avenues, or alleys of Salt Lake City, on any wagon or other wheeled vehicle not having tires which are known as flat or straight faced, and which tires are of less than the following widths for the following loads or burdens, in pounds weight, the weight of the vehicle not included, to wit: Two (2) inches for over 2000 pounds and not exceeding 3000 pounds: two and one-half {2 l / 2 ) inches for over 3000 pounds and not exceeding 4000 pounds: three (3) inches for over 4000 pounds and not exceeding 5500 pounds : three and one-half (3j/>) inches for over 5500 pounds and not exceed- ing 7000 pounds: four (4) inches for over 7000 pounds and not exceeding 8000 pounds; four and one-half (4j4) inches for over 8000 pounds and not exceeding 10,000 pounds ; five i 5 i inches for over 10.000 pounds and not exceeding 12.000 pounds: six (6) inches for over 12,000 pounds and not exceeding 15,000 pounds: eight (8) inches for over 15,000 pounds and exceeding 30,000 pounds. For greater weights a permit to be issued on application to the board of com- missioners. For any load or burden exceeding 50.000 pounds, planks of two inches in thickness must be placed, and eight wheels with tires of ten inches in width must be used in conveying the same. Sec. 1308. Vehicles, loading of, etc. All loads or burdens must be so distributed that the weight on each wheel shall be equal, or as nearly so as possible, and 935 on all two-wheeled wagons or other two-wheeled vehicles used for like purposes the width <>f the tires sliall be double the width of the tires for the same load <>r burden as herein required for four-wheeled wagons or other four- wheeled vehicles Sec. 1309. Weight of load, etc. No load of greater weight than 4000 pounds (weighl of vehicle included) shall be drawn over the city's streets <>n two-wheeled vehicles. Sec. 1310. Rubber tired vehicles, etc. This ordinance shall not be construed as applying to wagons or wheeled vehicles with rubber tire-. Sec. 1311. Vehicles to have weight marked, etc. Every wagon or wheeled vehicle required to have tires of width a- provided by this ordinance shall have fixed on both sides of -aid wagon or wheeled vehicle, in some conspicuous place, in plain letters and figures, the weight, in pounds, of such wagon or wheeled vehicle, and also the weight capacity, in pounds, of the same. Sec. 1312. Driver, etc., to remain near vehicle. It shall be unlawful for any person while engaged as driver, chauf- feur, solicitor or attache of any licensed public vehicle to leave his vehicle for a distance of more than six feet except for the purposi of securing, when requested, the baggagi hi- patrons, Sec. 1313. Fraud prohibited. It shall be unlawful for the driver of any licensed public vehicle or for any person soliciting patronage for any such public vehicle, to induce or attempt t" induce any person to employ him, by know- ingly or wantonly misinforming or misleading such person as to the time or place of the arrival or departure of anj railroad train or ether conveyance, or the location of any railroad depot, office, station < or upon any railroad depot, or upon any passage or landing leading thereto, while actually engaged in his employment a^ Mich: provided, however, that nothing herein contained shall be construed to prevent the persons herein named from entering in and upon any railroad car, depot or passage leading thereto, for the purpose of getting the baggage of any passenger arriving at or departing from the city, after first having obtained and exhibited to any policeman or person in charge of such railroad car. depot, passage or landing, the check or checks of such passenger for such baggage. Sec. 1315. Unlawful to drive into vehicle or person. It shall be unlawful for the driver of any vehicle, whether licensed or not. to wilfully or negligently drive or back his vehicle into or against any other vehicle or any person. Sec. 1316. Disorderly conduct prohibited. It shall be un- lawful for the driver, porter, chauffeur, solicitor, or runner of any licensed public vehicle at any time or place when waiting for or engaged in his employment, to obstruct any street or sidewalk, make any unusual noise or disturbance, unneces- sarily snap or flourish his whip, use any indecent, profane or obscene language, or be guilty of any boisterous or loud talking, or solicitation of passengers, or business, or any disorderly conduct, or to use any language or be guilty of any conduct calculated to disturb the public peace or good order of the city, or to harass, vex, annoy or disturb any person, or to interfere with, obstruct or impede the free passage of passengers or other persons to or from any depot, train or depot grounds, or to seize or grasp fir 937 interfere with any person or anj baggage carried bj belonging i" said passengers or persons. Sec. 1317. Lighted lamps at night. Door handle. It shall be unlawful for any person to drive a licensed public passenger vehicle in the night time, unless he shall have fixed upon some conspicuous part of the outside thereof two lighted lamps with plain glass "ides, having the number of such vehicle in three-inch Gothic plain l> figures, painted with black paint upon each of the outer sides "I such lamps in such manner that the number may be distinctly seen; or to drive at any time a vehicle which shall not have a kn<>l> or handle upon the inside of each door, by which said doors may be easily "pencil from the inside. Sec. 1318. Rates of fare. It shall be unlawful for the owner or driver of any licensed public passenger vehicle harjje for the use thereof in excess of the following of fare : 1. For conveying each passenger (rem any hotel i" any depot in the city, or from one depot to another, fifty cents. _' For conveying each passenger n< >t exceeding one mile. fift\ cent'-. 3 For each additional mill- <>r part of a mile, fifty ■ 4. For conveying children between five and fourteen ... nol to exceed half the above price may be charged for like distances, hut for children under five year- of age ii" charge shall he made 5. ; any such vehicle drawn by two horses, by the daw with •'ti<- or mere passengers, < iu li ' dollars. '• For the u-e of any such vehicle, by the hour, with ■ me or mure passengers, with the privilege of going from place to olace and stopping as often a- may Ik- desired. 938 two dollars for the first hour, and for each additional hour or part of an hour, one dollar. 7. For the use of any such vehicle, drawn by one horse, or other animal, by the hour, for the first hour, one dollar, and for each additional hour or part of an hour, seventy-five cents. 8. In all cases where the hiring of any licensed public passenger vehicle is not at the time of the hiring specified to be by the hour, it shall be deemed to be by the mile; and for any detention exceeding fifteen minutes, when so working by the mile, the owner or driver may demand at the rate of one dollar per hour. Sec. 1319. Rates to be posted in vehicles. It shall be unlawful for any person to drive a licensed public passenger vehicle, unless there is fixed in such vehicle in manner so as to be conveniently read by any person riding in the same, a card with the name of the owner of such vehicle, the number of his license written or printed thereon, and the rates of fare fixed by this chapter. Sec. 1320. Overcharging prohibited. It shall be un- lawful for the owner or driver of any licensed public pas- senger vehicle to demand, or receive by virtue of a demand, any fare in excess of that provided for in this chapter. Sec. 1321. May demand fare in advance. The owner or driver of any licensed public passenger vehicle shall have the right to demand in advance the fare of any person em- ploying him. and may refuse to convey any person who shall not comply with such demand. Sec. 1322. Refusing to convey passengers prohibited. It shall be unlawful for the owner or driver of any licensed public passenger vehicle, when not otherwise engaged, to refuse to convey any person, with or without baggage, upon demand and tender of the lawful fare. or. having undertaken 939 in convej such person, to thereafter wilfully refuse or do. Sec. 1323. Shall give number and name. li shall be unlawful for the owner or driver of an) licensed public passenger vehicle, upon being requested so t" '1". to refuse jive the number of hi^ vehicle, and the name of the owner or driver thereof. Sec. 1324. Refusing to pay fare. It shall be unlawful for an} person, having hired any licensed public passenger vehicle, and having ridden therein, to refuse to pay his fare, not exceeding the rate fixed b) this chapter. Sec. 1325. Destroying or interfering with vehicles. It shall be unlawful for any person to in any way wilfully injure, mar. deface, mutilate, molest, or destroy, any wagon, buggy, automobile, motorcycle, bicycle, tricycle, or other vehicle, no this own, or in drive or take or carr) the same away, or to secrete the same, or to handle or tamper with the same, or any pari thereof, or the machinery thereof, in any public street, alley, avenue, or place within Salt Lake City. Sec. 1326. Penalty. Any person violating any of the provisions of tlu^ ordinance shall, upon conviction thereof, be punished by a fine in any sunt not exceeding fifty dollars nr by imprisonment in the city jail for a period nol longer than thirty days. The court may, in imposing a fine, enter a- a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a peril >d nut exceeding thiru days. 940 CHAPTER LXI. WATER SUPPLY AND WATER WORKS. Section 1327. Creating office. There is hereby created and established in and for Salt Lake City. Utah, the offices of superintendent of water works and assistant superin- tendent of water works. Sec. 1328. Appointment. Salaries. The board of com- missioners of Salt Lake City. Utah, may appoint a compe- tent person to the office of superintendent of water works. who -hall receive a salary of twenty-one hundred dollars per annum, and a competent person as assistant superin- tendent of water works who shall receive a salary of fifteen hundred dollars per annum, said salaries payable monthly as are the salaries of other city officer-. Sec. 1329. Oath. Bond. The superintendent of water works shall, before he enters upon the duties of his office, take and subscribe the constitutional oath of office and execute a bond with good and sufficient sureties to be approved by the board of commissioners, payable to the city in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by him as such officer according to law and the ordinances of the said city; the assistant superintendent shall subscribe the oath and execute a bond in the sum of S250O. conditioned as provided by law. Sec. 1330. Employes. Appointment. Compensation. The board of commissioners may appoint and employ the following assistants, deputies, clerks and emploves in the department of water supply and water works. 941 One chief clerk, at a salan oi $1,500 per annum, who shall, before assuming the duties of his office, take and sul>- scribe the constitutional oath of office and shall give a bond i" Salt Lake Citj in the sum of $1,000.00. conditioned as required bj law : i Ine clerk at a salar) of $1,020.00 per annum; i>m- stenographer at a salar) of $900.00 per annum; I ln< assessor at a salary of S1.5CW.00 per annum: One inspector at a salar) of SI. 080.00 per annum; i me inspector at a salary of $900.00 per annum. i ine storekeeper at a salary of $900.00 per annum; the salaries of all of whom shall be paid monthl) as are the salaries of other employes. One machinist at a -alary of $1,320.00 per annum; One foreman of canals and water sheds at a salan ol $1 ,320 per annum ; One foreman water works at a -alary of $1,320 per annum ; • tne assistant foreman water works at sa!ar\ oi Sl.oxo.ix) per annum ; Two repairers at a salar) of $1,200.00 each per annum; One plumber at a salary of $1,200.00 per annum; i me meter man at a salary of $1,200.00 per annum. ■ runner- at a -alary of $1,020.00 each per annum: Seven laborers at a -alary of $900.00 each per annum: Four emergency men at a -alary of $1,020.00 each per annum : One distributor at a salar} of SI. 200.00 per annum: Two patrolmen for the Jordan and Salt Lake canal, at a salary of $960.0 annum ; One patrolman for Cottonwood Canyon at a -alary of annum; Two patrolmen for Parley's Canyon at a salar) of S'KW.OO each per annum ; One patrolman for Parley's Canyon for eight month- in the year at a -alary of $80.00 per month; eo 942 One emergency patrolman for Emigration Canyon for two months in the year at a salary of $80.00 per month ; Thirteen tankmen at a salary of $780.00 each per annum : Three inspectors for supplementary assessment and inspection at a salary of $75.00 each per month : and such other employes, laborers and equipment as may be necessary for the proper conduct of the said department. Sec. 1331. Duties of superintendent. The superinten- dent shall, under the direction of the commissioner of water supply and water works and the board of commissioners, have charge of the water system of Salt Lake City, the reservoirs, conduits, water tanks, water mains, fire hydrants and all machinery, property and appurtenances appertaining to the water works. He shall direct the location and con- struction of all service pipes, and the regulation of the water supply to fire hydrants and to all water users. He shall report to the commissioner of water supply and water works as required, his doings as superintendent, and the condition of water works system, and make such sugges- tions as the nature of the service may require. Sec. 1332. Written application for water. Applications for the use of water must be made on printed forms, furn- ished by the department of water supply and water works, and signed by the applicant. The applicant shall state fully and truly the purpose for which water is required, and shall agree to conform to, and be governed bv, such rules and regulations as may be prescribed by the board of commissioners, for the control of the water supply. Said applicant shall in his application state the location, kind of building, number of rooms and the entire area of ground to be supplied. Should the owner or occupanl of the premises desire an additional fixture, or wish to use water for a purpose not stated in the original application, a new application must be made, and a permit obtained from the department of U43 water supply and water works. It shall he unlawful for an) per- 'ii supplied with water from the city <>v entitled to use water, to use it for any purpose other than stated in his application, or \>> supply water to an) person excepl a; covered in the application so made. Sec. 1333. Notice of discontinuance. Should any per- son desire to discontinue the use of water for any special purpose, branch pipes supplying the water to the particular fixture or fixtures, must be disconnected and stopped with a metallic plug, or cap. Notice of such discontinuance must be given in writing to the department of water supply and water works, before any reduction will he made in water rates. Any person desiring to discontinue the use of water supplied to any premises for a period not less than three months, shall give notice in writing to the department of water supply and water works No reduction or abatement of water rates shall be made unless such notice shall be n. No sprinkling will be allowed except in connection with house service unless premises are supplied through I er Sec. 1334. Service pipe. Curb box. Charge for con- nection. The service pipes and connections from the main the curb line, including a curb box, to be placed within the line of the street curb, will be put in and maintained by the city water department, and kept within its exclusive control, for which a charge of eight dollars will be made. ible m advance, for a -^-inch connection; ten dollars for a : inch connection: fifteen dollars for a one-inch ci innection. In cases where streets are paved or macademi/ed. the abutting property owner shall pay the whole cost of in- stalling From the main {•> the curb, and a uniform charge .if five dollars for tapping the main. Charges for • -i/e connections and all work done by the depart- 944 merit of water supply and water works, shall be fixed by the commissioner of water works, at the actual cost for work done; provided, that the charges above fixed shall be in addition to the charges required by ordinance tor making openings in streets. Sec. 1335. Service pipes. Service pipes must be so arranged that the supply to each separate house or premises may be controlled by a separate stop-cock, placed within and near the line of the street curb. Before water will be supplied through such service pipe, some one person, firm, cor- poration or association must agree to be responsible for and pay for all water used through said service. Where water is now supplied through one service, to one or more houses or persons, the commissioner of water works may in his discretion, either refuse to furnish water until separate services are provided, • or may continue the supply on condition that one person shall be responsible for and pay for all water used through said service. Sec. 1336. Quality of service pipe. Permit and fee. All service and other pipes used underground shall be of cast iron, standard galvanized iron, extra strong lead or tin-lined lead (except private pipes where the board of commissioners authorizes the use of special material), laid not less than four feet below the surface of the ground and of sufficient strength In stand the water pressure. All work upon and alterations or extensions of water pipes, and size of pipes shall be to the acceptance of the superintendent. No connection of service pipes shall be made without first ob- taining a permit therefor from the commissioner, for which permit there shall be paid the sum of one dollar: and no ex tension shall be made to another water taker from the same service pipe without a stop-cock or key-box being attached at the junction of such service pipe. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises, but all 94S service pipes shall enter at the Front of the building nearest the sidewalk. Sec. 1337. Fire hydrants and public drinking fountains. All fire hydrants and public drinking fountains shall be under the control of, and shall be kept in repair b) the superintendent of water works. The fire department shall at all times have free access to all fire hydrants Water may also be furnished from the fire hydrants to sti sprinkling and flushing wagons, under the supervision of the superintendent of water works. Applications for the use of water from fire hydrants for building, public impro ment or other purposes, may be granted by the commis- sioner of water works, upon the deposit by the applicant of a sufficient amount of money to be specified by the superin tendent, for the payment of an employe to furnish such water, the surplus of such deposit, if any exists, shall be refunded, upon the discontinuance of the use. It shall be unlawful for am person, other than tl duly authorized to open or operate any fire hydrant or to tamper or interfere with or attempt to draw water therefrom, or in any way to obstruct the approach thereto. It shall be unlawful for am person lo interfere or tamper with or to injure, break, damage, deslroj or to hitch any vehicle or animal to any public drinking fountain Sec. 1338. Fire hydrant wrenches. The superintendent of water work-, upon application, shall furnish wrenches for fire hydrant- to the chief of the fire department, for the use of the department and to such other persons as shall l>e dulj authorized. Sec. 1339. Unlawful to have fire hydrant wrench. Ex- ception. It -hall he unlawful for any person, without >\uc authority t . ■ have in hi- possession, any wrench for i fire hydrant. 946 Sec. 1340. Unlawful to permit wrench to be taken, etc. It shall be unlawful for any person having law- ful charge of any hydrant wrench to permit the same to be taken from him or from its place of deposit, or to permit such wrench to be used for any purpose other than that authorized by the superintendent of water works. Sec. 1341. City may shut off water, when. No liability. Salt Lake City reserves the right at any time, without notice, to shut off the water from its mains for the purpose of making repairs or extensions or for other purposes, anil no claims shall be made against Salt Lake City, by reason of the breakage of any service pipe or service cock, or for any other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. Sec. 1342. Taker only to use water. It shall be unlawful for any water taker to permit any person from other premises, or any unauthorized person to use or obtain water from his premises or water fixtures, whether inside or outside of his building. Sec. 1343. Pipes to be kept in good repair. All water takers shall keep their service pipes, connections and other apparatus in good repair and protected from frost at their own expense; but no person, except under the direction of the superintendent, shall be allowed to dig into the street or sidewalk for the purpose of laving, removing or repairing any service pipe. Sec. 1344. Plumbing permit. Report. It shall be un- lawful for any person to make any extension of any pipe or water fixture attached to the water works system, for any purpose whatever, without first obtaining a permit therefor from the department of water supply and water- works. All persons must within twenty-four hours after 947 the completion of any plumbing work connected with the water works system, report the same to the department of water supplj and waterworks. Sec. 1345. Plumbing. That the following rules shall be strictlj adhered to bj all persons performing any plumb- ing \\'>rk m and upon anj of the mains, connections or appliances appertaining to the city water works of Salt Lake and any violation thereof or failure to comply there with shall Ik- considered a violation of this ordinance. Sec. 1346. Id. No person shall make am connections t.\ or in any manner perform any work upim an\ of the main-, connections or appliances pertaining to the city water works of Salt Lake City until he shall have secured a license and tiled a bund a- required by ordinance. Sec. 1347. Id. No alteration, addition <>r disconnection m or about any water pipe-, or apparatu- connected with the water work-, shall be made by any plumber or anj consumer of water without written permission to do such work granted by the superintendent of the city water works. Sec. 1348. Id. Every plumber who, after having obtained a permit from the department of water supply and water work-, shall install any pipe- or fixtures persons desiring to use water, or who shall make repairs upon or addition- or extensions to pipe- or fixture- already installed, shall, within twenty-four hours after the same shall be completed, fill up and return to the superintendent of water work-, upon blank- to be furnished for that pur- a full report thereof, stating the ordinarj and special use for which said water is to be supplied. Sec. 1349. Id. Plumbers will be required in all cases :omply with and conform to rule- governing consumers in the location and placing of the stop-boxes and cut-offs. 948 Sec. 1350. Id. In case of leaks or other accidents to pipes or other apparatus connected with the water works, plumbers may shut off the water to make such necessary repairs. In all cases when plumbers shall make repairs to pipes or fixtures on any premises, they shall leave the water turned on or turned off as they found it, when they entered the premises to make such repairs. Sec. 1351. Id. Should any plumber in good standing procure, or attempt to procure, taps or permits for the benefit of a suspended plumber, or one whose license has been revoked, the license of such plumber will also be revoked. Sec. 1352. Id. Plumbers must not extend pipes from one street number to another without special permission. Sec. 1353. Id. Water closets and urinals must not be connected to service water pipes, except in connection with other fixtures. Sec. 1354. Id. Water pipes must not be laid in the same trench as sewers, but a separate trench must be provided. Sec. 1355. Id. In connecting fixtures not previously connected to water mains, plumbers must first obtain a permit therefor and see that all fixtures conform to rules existing at the time the work i> done, and make report thereof. Sec. 1356. Id. If meters are placed on pipes connected to boilers or other hot water apparatus, a check valve must be placed between said meter and such boiler or other hot water apparatus, to protect such meter from back pressure of steam or hot water. 949 Sec. 1357. Id. In cases where water pipes enter a building, plumbers must supplj said pipe with a stop and waste with a handle or wrench fixed thereto for the purpose of turning same. Said stop and waste shall be placed on said water pipe within nine inches of the wall where said pipe enters said building and be accessible. All meters installed by plumbers shall be sel within two feel of tin- wall where the water pipe enters the metered premises Plumbers installing meters must disconnect all water fixti and apparatus on the premises and grounds belonging thereto, nol supplied with water through said meter. Sec. 1358. Id. The opening oi stop-boxes by plumbers h\ any means other than a proper wrench is unlawful. All plumbers must have a stop-box wrench attached t<> their keys for opening and closing stops. Any plumber break- ing -top-box cover or bolt will he required to pay for same in addition to the penalty prescrib Sec. 1359. Fixtures used in water connections. It shall he unlawful for any person to use any kind <>t stop-cock or draw-cock "ti any fixture in connection with the water wurks system, except the kind known as a compression cock. Slide valves may he used t" fill railroad or other tank- when a waste is nut wanted, and where the pipes ghly protected from the frost; also for hose connections, or where a separate waste i- used. No other than regulation curb boxes ami curb and cellar checks -hall he used in connection with the water works. The size of all service pipe -hall be determined by the superintend ent of water works when the application for water is filed. but no service pipe shall be larger than that extending from the main to the curl). Sec. 1360. Fire protection. Pipes to be used only in of fire, will he allowed within buildings on tho following conditions : 950 The fire pipes must be entirely disconnected from those not used for other purposes and the hose pipes or branches must be arranged by means of seals or otherwise so that they can be used only in case of fire. Sec. 1361. Waste prohibited. It shall be unlawful for any water laker to waste water, or to allow it to be wasted by imperfect stops, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow, or to wastefully run water from hydrants, faucets or stops, or through basins, water closets, urinals, sinks or other apparatus, or to use the water for purposes other than those for which he has paid, or to use water in violation of the rules and regulations for controlling the water supply, and the provisions of this chapter. The superintendent of waterworks shall require anv water user, who shall flagrantly, wantonly or unnecessarily waste water, to install a meter. Sec. 1362. Use without payment prohibited. It shall be unlawful for any person, by himself, family, servants or agents to use the water coming through the water mains without first paying therefor as hereinafter provided, or without authority to open any stop-cock, valve or other fixture attached to the system of water supply, or to in any wise injure, deface or impair any part or appurtenance of the water works, or to cast anything into any reservoir or tank belonging to said works. Sec. 1363. Turning on after being turned off prohibited. It shall be unlawful for any person, after the water has been turned off from his premises on account of non-pavment of rates or other violation of the rules and regulations per- taining to the water supply, or for any reason to turn on or allow the water to be turned on, or use or allow the water to be used without authority from the superintendent of water works. 951 Sec. 1364. Fountains. No fountain attached to the water works system shall In- greater than one-half inch in diameter. There shall be a stop-cock to each fountain attached, which shall be under control of the superintendent. Sec. 1365. Sprinklers for lawns. It shall be unlawful to use water for sprinkling except through a nozzle or other sprinkling device, which shall not l>e larger than one fourth oi an inch in diameter. Sec. 1366. Sprinkling districts. The city shall be divided into sprinkling districts by the superintendent ol water works. Sec. 1367. Metered service, etc. Water for sprinkling purposes only will not be supplied except through a metered service. Sec. 1368. Time for sprinkling. The commissioner of water supply and water works shall designate the hours for sprinkling lawn.-, windows and front- during the month- of June. July, August, September and October of each year. Thirty minute- each da) -hall be allowed for the sprinkling of each one hundred square yards of lawn. Sec. 1369. Mayor's proclamation. In the event of the scarcit) of water, whenever it shall, in the judgment of the hoard of commissioners, be necessary, the mayor shall b) proclamation limit the use of water for other than domestic purposes, to such extent which ma\ be required for the publi It shall be unlawful for any person by himself. family, servants or agents, to violate any proclamation made by the mayor in pursuance of this section Sec. 1370. Steam boilers to be filled from tanks. It •shall be unlawful for any person to fill any steam boiler used for power purposes from the pipe- direct. Such boilers must be provided with a tank and be supplied therefrom. 952 Sec. 1371. Superintendent to have free access. Free access shall, at all ordinary hours, be allowed to the superin- tendent or other authorized person to all places supplied with water from the waterworks system, to examine the apparatus, the amount of water used and the manner of its use. Any water taker violating any of the rules and regulations controlling the water supply shall forfeit all payments made and the right to the use of the water. Sec. 1372. Taking water from ditch forbidden. Wher- ever the water mains are laid, it shall be unlawful for any person to convey the waters of the city from any ditch < >r place by private pipes for fountain, mechanical or other purposes, except the ordinary irrigation of lots, under the direction of the watermaster, or to divert said waters from the ordinary irrigation ditches for the supply of steam boilers or other mechanism. Sec. 1373. Annual assessments. It shall be the duty of the commissioner of water works to annually assess each water user for water used in accordance with the provisions of the ordinances of Salt Lake City. Such assessments of water shall be based upon the rates here- inafter established, and date from the first day of July "i each year: provided, that wherever a sliding scale is fixed for any particular use of water, the commissioner shall determine the amount to he paid. Sec. 1374. Assessment Rolls. Upon such assessment being made, the commissioner of water works shall turn over the water assessment rolls to the city auditor for verification of the total amounts of such rolls: the said auditor shall debit the city treasurer upon the books of his office with the total of said assessment, and shall notifv the city treasurer of his action in the premises. The city auditor shall then deliver said rolls to the commissioner of water works, who shall promptly notify all water users 953 of the rates assessed. rhe city treasurer shall proceed collect the rate annually as the board of commissioners shall direct. Sec. 1375. Notice to water takers. Delinquency. The missioner of water works shall, before the first day of July, 1913, and each year thereafter, furnish to each user ''i water from the water works of Salt Lake i ity, a correct and accurate statement of the amount due Salt Lake . for use of water for the ensuing year, in accordance with schedule of water rates as provided in Section 1376 of the Revised < trdinances. \11 water rates shall be due and payable July firsl of each year, and unless paid by July 31>t shall be delinquent. The commissioner shall, not later than \iivn-t 31st of each year, cause the water to be turned off the premises of all such delinquents, and before the water -shall be turned on all delinquent rates must be paid in full, together with one dollar additional for expense. No allowance shall be made for the non-use of water for a period less than three months. Any water user to avail himself of an abatement for non-use for a greater period than above specified shall report to the superinti ent and have water turned off his premises. The commissioner of water work- shall have power to adjust all erroneous bill- anil rates and -hall report all such adjustments, with the reason therefor to the city auditor, and to the board of commissioners monthly or ner if required. The provisions of this ordinance -hall not be construed ■-of water where meters are installed. Sec. 1376. Water rates. Paid in advance. The annual rates for a Suppl) of water from the Salt Lake ("ity water rks to be paid annually in advance, are hereby fixed and tblished as follows, to wit : 954 Aquarium, fish (meter only). Bakery (meter only). Bootblack stand 5.00 Bowling alley, first alley 5.00 Each additional alley 2.00 Bank 10.00 Barber shop, first chair 5.00 Each additional chair 2.00 Bath, public, first tub 5.00 Each additional tub 3.00 Beer pump 10.00 Blacksmith shop, one forge 5.00 Each additional forge 2.00 Bookbinding and printing office 10.00 to 25.00 Brewery (metered only). Brickyard (meter only). Butcher shop and meat market 10.00 to 20.00 Billiard and poolrooms in addition to store rates, each table 50 Churches — for toilets, urinals and lawns, regular rates. Baptistry 5.00 Candy factory (meter only). Club rooms 10.00 to 25.00 Confectionery and ice cream saloon 5.00 to 20.00 Dancing hall 10.00 Drug store 10.00 to 25.00 Dyeing, scouring and cleaning establishment (meter only). Fish market (meter only). Flour mills (by meter only). Foundry and machine shops (meter only). Fountain, with jet not exceeding T 4 inch in diameter, per month 3.00 Fountain in store, restaurant, or other place. (meter only). Greenhouses (meter only). Hose connection for sprinkling garden, or other purposes, 50 square yards or less.. 1.50 For each additional square yard 03 For washing each private vehicle 1.00 For each animal < >u premises 1.00 Hotel, boarding or lodging house, for each room ha\ in^ water attachmenl 1.50 For each room not having water attachment. 1.00 No hotel, boarding or lodging house less than 10.00 I [ospitals i by meter only |. Private dwelling, occupied l>\ one family, five rooms or less 4.00 Each additional room 75 h additional family 3.00 Each toilet 2.00 Each hath tub 1.00 Ice manufacturing establishment (by meter only |. Laboratory, soda water manufacturing, bot- tling works, vinegar factory and packing houses i meter onlj i Laundry (by meter only). Liquor -tore, saloon or beer shop (meter only |. Livery stable and feed stahle, and for washing vehicles i meter only I. Railroad (locomotives and coaches (meter only). Street car-, washing each (by meter only). Lumber yard 10.00 to 20.00 Planing mill (by meter only). Lunch stand and restaurants 10.00 to 50.00 Office buildings (meter only). Photograph gallery 10.00 to 25.00 Refrigerating plant-: All services connect- ing therewith to be metered Sanitarium or public hath house 1 1>\ meter only. ) 956 Turkish bath 50.00 to 75.00 Soda fountain, for the season 5.00 to 15.00 Society hall 10.00 Steam boilers, stationary, for all purposes except heating, meter only. Stoneyard and stone sawing mill (by meter only). Theatre or public hall 10.00 to 50.00 Store or shop 5.00 to 50.00 Family living in same building as store same as if in separate building (see private dwelling). Water closets, except in dwellings 5.00 I 'rinals 2.50 Dentist, jet flusher, each 5.00 Public schools, each per year 50.00 Undertaking establishment (meter only). Sec. 1377. Commissioner may fix rates, when. Water for other uses or business than those named in the foregoing schedule of water rating may be furnished at rates to be fixed by the commissioner of water works. Sec. 1378. Meter rates. The rates for water supplied through meters to all places will be the same for all quanti- ties, namely; seven cents per thousand gallons for the first 100,000 gallons; six and one-half cents per thousand gallons for the second 100,000 gallons, and six cents per thousand gallons for all quantities over 200,000 gallons. The minimum charge for water used through a meter shall be fifty cents per month. Water meters shall be put in at the water taker's expense whenever it is considered necessarv by the superin- tendent of water works, and the same shall be put in by the superintendent of water works upon written request from any water taker at such water taker's expense. In all cases a deposit shall be required as provided by ordinance. Con- sumers shall keep all meters upon their premises from 957 ing, and the surroundings clear and clean; provided, that when a meter gets out of order and fails to register, the water takers shall be charged for the time it was out of order at the average daily rate as registered b) the meter when in order. Sec. 1379. Water meters to be placed in breweries, artificial ice plants, hotels, etc. All breweries, bottling works, artificial ice plants, or other manufacturing establish- ments, all railways, power houses, cold storage plants, -.team and hand laundries, all hotels and office buildings and apart- ment houses having more than 15 rooms each, livery stables, and other establishments using large quantities of water from the water works system, shall place water meters in their re- spective places of business and pay for water by measure- ment. Mete'- of a type approved by the board of commis- sioners will be furnished and maintained by the city upon the water taker depositing the net cost thereof with the city treasurer, who shall issue a certificate of deposit for -aid amount, which amount shall he refunded to the holder upon the return of the meter in serviceable condition and surrender of the certificate. Where annual assessments of water rates have already been made upon any of the business establish- ments hereinbefore mentioned, the commissioner <>f wi works is hereby authorized to withdraw --aid assessments from the date that water meter- are placed in such establish- ments, and thereafter charge for water taken by meter i. \II water meter- shall he under the control of the commis- sioner of water works, who shall cause the same to he read quarterly or oftener if necessary, and furnish hill- to all water rs supplied with water through meter-. It shall be un- lawful for any person by himself, family, servants or agent-. to open, interfere with, injure, deface, or m anywise in the workings of am water meter. Sec. 1380. Water not to be supplied to motors. No water shall he supplied from the pipes of Salt Lake City 61 958 water works for the purpose of driving any motor, turbine or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind whatso- ever, and no license shall be granted or issued for any such purpose, except upon the permit of the superintendent, consent of the hoard of commissioners having been previously i ibtained. Sec. 1381. Sworn statement The commissioner may demand of any person a sworn statement of the purpose for which water is required, together with the number of rooms, hose connections, bath houses, urinals, water closets, engines, boilers, stock yards, corrals, livery stables, liquor stores and other purposes for which water is required, and also the number of horses or other animals to be supplied, and the number of vehicles to be washed. Any person refusing to make such sworn statement when required, shall he refused a supply of water. Sec. 1382. No alteration in rates. Nothing herein contained shall prohibit the board of commissioners from amending, altering or adding to the provisions of this chapter in relation to the water supply or the rules or regulations which may lie adopted in conformity therewith; provided, that no alteration in water rates shall apply to any permission given, or contract made for the use of water, until after the expiration of such permission or contract. Sec. 1383. Analysis of city water. Tt shall be the duty of the board of health to make or cause to he made once in every three months, an analysis of the water furnished by the city through its water system, and report the same to the board of commissioners. Sec. 1384. Befouling water. It shall he unlawful for any person to construct or maintain any corral, sheep pen. pig pen, chicken coop, stable or other offensive yard or out- house along any stream of water used by the inhabitants oi Salt Lake Citv. anywhere within ten miles above the point 959 where -.nr the carcass of any dead animal along ;un stream of water used by the inhabitants -alt Lake City, anywhere within ten miles above the poinl where said stream is taken, where the waste or drainage therefrom will naturally find its wa) into said stream of water; or t<> drive, <>r t.> permit, or cause any other persons to drive an) loose cattle, horses, sheep or hogs through any canyon from the stream of which water is 01 shall be taken for the use of the inhabitants of said city, or t" permit any cattle, horses, sheep or hogs, to remain in, to pollute an) stream of water used by the inhabitants of said cit) anywhere within ten miles above a poinl where said water is first taken b) said city. Sec. 1385. Id. It shall be unlawful for any person or persons within ten miles above the highest poinl where water from an) canyon is taken for use by the inhabitants "t Salt Lake I ity to ramp within one hundred feet of the stream in said canyon, or t" throw, or deposit an) garbage ■i her deleterious matter of any kind, name or nature. in) point in such canyon within ten miles from the highesl poinl of diversion at a place where such deposit will naturally by wash or rains or drainage, find its way int.. said stream. Sec. 1386. Id. Whenever any loose cattle, horses, sheep ..r hogs are found in any canyon from the stream <>i which water i- ..r -hall he taken for the use ••! the inhabitants "I Salt Lake City, and within ten mile- above the highest point where such water is taken, it is hereby made the duty of the commissioner <>i water works, hi- agents, servants and employes t.. cause t<> he driven or t.. drive such cattle, horses, sheep • >r hogs t.> and leave them at a < either below -aid p. nut of intake, or more than ten miles above said point of intake 960 Sec. 1387. Unlawful to interfere with city officers. It shall be unlawful for any person to interfere with, molest. hinder or obstruct the commissioner of water works, or any of his agents, servants or employes while in the performance of the duties imposed by the foregoing section. Sec. 1388. Water main extensions made at expense of city. Hereafter all water main extensions shall be made by the city without special taxes being levied to pav the same. But no water main extensions shall hereafter be ordered by the board of commissioners or rrlade with pipe less than six inches in diameter. Sec. 1389. Any person may have water main extended. How. Any person desiring to have the water mains within the city extended, and being willing to advance the whole expense of such extension, and receive the return thereof, as hereinafter provided, may make application to the board of commissioners by petition containing a descrip- tion of such proposed extension, accompanied by a map showing the location thereof, which petition shall also contain an offer to advance the whole expense of making the same as said expense shall be certified to by the city engineer. Sec. 1390. Id. Upon the receipt of such petition and map, and before the petition is granted, the board of commis- sioners shall obtain from the city engineer a certified statement showing the whole cost and expense of making such extension. Sec. 1391. Id. If the board of commissioners shall grant said petition, before any work shall be done on such ex- tension, and within thirty days, or such other time as the board shall indicate, after the granting thereof,, the amount ol the cost and expense of making such extension as certified by the city engineer, shall be deposited with the city treas urer of this city. 961 Sec. 1392. Id. The sum of money deposited as provided in Section L391 of this ordinance shall be returned to the pi i son, Firm or corporation depositing the same, or to his. her or it- assigns, personal representative or successor, by the city treasurer when so directed by the board of com- missioners, by paying _'. ; per cent of the sum so deposited. without interest, on the firsl day of July in each year until said sum is fully paid, the first payment to be made on the first day I July of the year next following the year in which the monej i- deposited. Provided, that if at the time the lasl payment -hall become due a- aforesaid, there shall nol he sufficient users of water from -aid extension to yield to the city, water rates in a sunt amounting to 6 per cenl on the whole cosl of such extension, -aid last payment shall not he made. But -aid last payment may he made to the person, firm or corporation entitled thereto, upon Such person, firm or corporation executing and delivering to the city an undertaking in an amount and with sureties to be approved by the board of commissioners, conditioned that the principal in said undertaking will pay to the city on or before the 10th day of July in each year in cash, the differ- ence between -ix per cent on tlie whole cost of such exten- sion, and the -um of monej received by the city for water rates tor the preceding year ending June 30, on account of Such extension, until the water rate- received by the cil\ on tut oi such extension shall equal six per cent on tin whole cost of the extension; the amount so to he paid to b< rtained from a statement to he made by the citj treasurer on or before July S of each year, showing the nnt of water rates received h\ the city on account of such extension for the preceding year ending [une 30. Sec. 1393. Id. Any person desiring to have the water mains of tlii- city extended without advancing the cost and expense thereof, a- in this ordinance hereinbefore provided, may make application therefor by petition to the hoard of commissioners, Showing the location and extent of such 962 proposed extension; but no such extension shall be ordered unless it is made certain that the proposed extension will from its inception yield in water rates an annual return to the city of at least 6 per cent on the cost thereof. Sec. 1394. No water supplied to plats, etc., unless approved. No water mains or pipes shall be laid nor shall permission be given to lay water mains or pipes to supply water from the water works system of Salt Lake City to the occupants of any plat, addition or subdivision- of any block, lot or tract of ground within Salt Lake City. unless the said plat, addition or subdivision shall have been approved by the board of commissioners. Sec. 1395. Private pipe. When permission is granted by the board of commissioners to any person or persons to put in a private water service, the whole cost of installing the same shall be paid by the person or persons obtaining such permission. All such water service shall be maintained and kept in good repair by the owners and users thereof, at their own cost and expense. In all cases a separate curb box and shut-off shall be installed for each separate property. Should any one connect to a private pipe without a permit from the waterworks department, the water may be shut off at the main until a permit is taken out and all expenses of shutting off and turning on is paid. Sec. 1396. Penalty. Any person violating any pro- sion of this chapter shall, upon conviction thereof, be punished by a fine in any sum not exceeding fifty dollars or by imprisonment in the city jail for a period not lunger than thirty days. The court may, in imposing a fine, enter as a part of the judgment, that in default of the payment of the fine the defendant may be imprisoned in the city jail for a period not exceeding thirty days. SI* r 1 < IN 2. That these Revised l Irdinances in Volume 1. containing I. XI chapters, sections numbered consecutively from 1 t" 1396, be ami the) are herebj published by authority of tlu- Board of Commissioners of Salt Lake City, Utah. 1 TION 3. That the Revised Ordinances, unless other- wise therein provided, shall take effect <>n the 1st daj of July. 1913. Passed by tlu- Board of Commissioners "i" Salt Lake City, Utah, Mas 1-t. 1913. Ml IBLE W ARRUM. S \MLLI. C. PARK, Liiy Recorder. Mayor. STAT]': OF UTAH, City and County of Salt Lake, ss. I, Noble VVarrum, City Recorder of Salt Lake City. Utah, do herein certify that the above and foregoing is a full, true and correct copy of an ordinance entitled: "An ordinance revising and compiling the ordinances of Salt Lake City, Utah," passed l>v the Board of Commissioners of Salt Lake- City. Utah. May 1st, 1913, as appears of record in my office. In Witness \\ hereof, I have hereunto set my hand and af- fixed the corporate seal of said City, this 1st day of May, 1913. NOBLE WARRUM. City Recorder. Rill Xo. 24. Published May 1st. 1913. INDEX TO ARTICLES AND SECTIONS OF CON- STITUTION OF UTAH. APPLICABLE TO CITIES OF THE FIRST CLASS Accused Art. Sec rights ol I 12 corporations 1-' 4 Agent neligible to office, when 12 17 Appeal rivrlit of, criminal cases 1 12 m «li>trict courts 8 9 8 9 ilations provided by law 8 9 final judgments 8 9 law alone, in law cases 8 9 law ;in(l fact, equity cases 8 9 probate courts 8 9 from justices' courts 8 9 nrt final, except 8 9 Appropriation us ti -«.-. etc 1 4 Arbitration boat 16 2 • members 21 1,2 Arms riulit of tlit i bear 1 6 Arrest ■ • n i It ii v; dl 1 16 4 3 Assessment S special law regarding, forb 6 26 iinifnrm and equal rati 13 3 Attainder bill of, forbidden 1 18 966 INDEX TO CONSTITUTION Attorney \rt. Sec. right of party to 1 11,12 of corporation, when ineligible to office 12 17 Bail right of accused persons to 1 8.9 excessive' bail not required 1 9 Bill of Attainder shall not be passed 1 18 Board of Education control of schools in certain cities Ill 6 Board of Labor, Conciliation, and Arbitration legislature shall provide 16 2 compensation, etc 21 2 Bonds cities, etc., not to lend credit 6 31 debt limit of counties, etc 14 3,7 debt, cities, etc.. creating 14 3.7 Boundaries of counties, change of 11 3 Capital located at Salt Lake City 19 3 pi 'u er ti ' select site not delegated 6 29 Cemetery when exempt from taxation 13 3 Certiorari original jurisdiction 8 7 Change of Venue special law prohibited 6 26 Charter general for cities 11 5 prohibition against special laws 6 2o prohibition against special laws 11 5 Children public schools open to 3 4 property of, special law forbidden 6 26 employment in mines prohibited 16 3 IXD1 \ I NST1 rUTION 967 Church Art. inii 'ii of, « it h state 1 interference of, in state functions forbidden 1 Cities prohibition against special laws 11 ihibition against special laws 6 general charter t" be provided 11 indebtedness to, legislature may nol release 6 irers of, nol delegated by legislature 6 shall not lend credit 6 not to allow extra compensation to contractors, etc " shall not sell water rights 11 may exchange water rights 11 railmad and other companies niii-t have consent to use streets 12 t or attorney of corporation, when ineligible iffice 12 property exempt from taxation 13 ssessment, o illection 13 debt, limitation 14 for water, etc. . . 14 drl>[. vote to create 14 1» ti r j . 11 state not to assume 14 heretofore created 14 public works, day's labor 16 -hall paj o\ , r fee- ....... ... 21 city justice's salary . 21 Claims i allowance prohibited 6 Combinations and tru-t ~ prohibited 1-' Common Carriers what ar, 12 12 26 12 12, IS, 20 -hall not discriminate, freight or passenger 12 12 Complaint accused entitled to 1 Sec. 4 4 5 26 5 27 29 31 .in 6 6 8 \1 3 5 3.4 4 3 4.5 (. 7 6 2 1 30 20 12 968 INDEX TO CONSTITUTION Conscience Art. Sec. rights of, sacred 1 4 Constables tees in full compensation 21 1 .2 Constitution of United States oath to support, etc 4 10 Constitution of Utah provision mandatory and prohibitory, unless 1 26 oath of office, to support, obey 4 10 appeal involving constitute inality 8 9 Contracts law impairing, prohibited 1 18 extra compensation forbidden 6 30 Convict Labor not to be contracted 16 3 Corporations rates of railroads, etc., may be regulated 6 26 rates of railroads, etc.. may be regulated 12 12,15,20 public assistance to private enterprises forbidden. 6 31 creation, by general laws only 6 26 by general laws only 11 5 subject to tax 13 10 franchises, etc.. not to be extended by legislature 12 3 "corporation." includes what 12 4 right to sue and be sued. 12 4 foreign, not to be favored 12 6 franchise- not to be alienated to injure creditors.. 12 7 railroad, etc.. must have consent of cities, for use of streets 12 8 limited to powers granted 12 10 eminent domain against 12 11 armed men, authority to bring 12 16 officer ineligible to municipal offices, when 12 17 "blacklisting" prohibited 12 19 "blacklisting" prohibited 16 4 "trusts" and "combinations" prohibited 12 20 right to sue and be sued 12 4 employes, political and commercial, control pro- hibited 16 3 stock not taxable, when 13 2 [NDEX TO CONSTITUTION 969 County \'t Sec. special law as t" seal 6 _'(> affairs prohibited 6 26 fees prohibited 6 26 imt to lend credit 6 3] niiK r . recognized 11 1 county seat, removal, vote 11 2 consent necessarj to annex or detach territory.. 11 3 government, uniform law tor precinct and town- ship organizations 11 4 ml collect taxes 13 5 Taxation — S< i I ices debt, limitation 14 3,4 vote t" incur 14 3 purposes 14 .1. 4. 5 mom » ed, how used 14 5 state nol to assume 14 1 Crime person charged with Sec Defendant no imprisonment except for special law pun ishii dden .... 6 Criminals certain, cannot vote 4 6 Damages private property for public use, ition.... 1 22 Debt lent lor. i 1 1'' tinguish certain 6 27 970 INDEX TO CONSTITUTION Declaration of Rights Ar enumeration of rights of people Defendant criminal case, bail appear in person or by counsel entitled to copy of accusation confronted by witnesses attendance of witnesses trial, speedy and public by jury . . ? husband and wife as witnesses need not be witness twice in jeopardy Descent prohibition against special law Disqualification of judges voters conviction District Courts part of judicial power jurisdiction, original and appellate appeals from final judgments equity cases law cases from probate courts justices' courts , disqualification of judges judges conservators of the peace absence may issue necessary writs jury Ditch Companies rate of charges may be regulated 6 Due Process of Law all entitled to 1 Elections and Suffrage no property qualification to vote except 1 free 1 Sec. 27 8.9 1.12 12 12 12 12 in 12 12 12 26 8 13 4 6 13 8 8 1 8 7.9 8 9 S 9 8 9 24 9 8 7.9 8 13 8 27 8 27 8 7 1 in 26 4 17 INh CONSTITUTION 971 Elections and Suffrage Continued Sec males and females, equal ri^ht* 4 1 soldiers may vote, war 1 1" sex, right to vote, etc 4 1 electors, age and residence 4 2 arrest on election days .... 4 3 militia duty, electii ins 4 4 imi-i be citizens 4 2. 5 i.lu>t~ disqualified 4 6 disqualification 4 6 property qualification 4 7 qualification to vote to increase state tax.. 13 7 qualification t" vote to incur cities, etc., di-l>t 14 3.7 et ballot 4 8 mechanical contrivance for voting 4 8 general elections, date 4 9 municipal and school elections, date 4 9 special elections, when held 4 9 official terms begin, when 4 9 oath of office 4 10 t.i change count} seats 11 2 limits II 3 vote to increase state tax 13 7 incur debt, cities, etc 14 3,7 Eminent Domain exisl >ni~t corporations 12 11 Employment kli~tiiim prohibited 12 19 prohibited 16 4 Equity appeals, law and fact 8 9 jurisdiction in district courts. 8 7 Evidence criminal libel, truth in evidence 1 IS pro\ urj 1 IS ■ >i husband or wife . I 12 used need not gn t I 12 Ex Post Facto Law forbidden ... 1 18 972 INDEX TO CONSTITUTION Fees Art. accused person not to advance 1 special laws forbidden 6 may be regulated (> extra fees not to be granted 6 notaries public, justices, etc., compensation.... 21 legislature to fix amount of, for all officers 21 true account of to be kept 21 Female right-, i if suffrage 4 Fines excessive, not to be imposed 1 special laws remitting, forbidden 6 Fiscal Year begins January 1. unless l.i Forfeitures special laws remitting, forbidden 6 Franchise irrevocable, not to be granted 1 special law granting, forbidden 6 may be taxed 1.3 legislature not to remit forfeited 12 Government seat of, located at Salt Lake City 19 church interference in, forbidden 1 three departments of 5 Habeas Corpus privilege not to he suspended, except 1 writ of. jurisdiction, hearing 8 Highways special law as to, prohibited 6 Idiots disqualified as voters 4 Immunity irrevocable, nol to he granted 6 special law granting, forbidden 6 Imprisonment for debt, absconding debtor 1 Sec. 12 26 26 M) 1.2 2 -> 9 26 26 2.1 26 2 .3 ,3 4 1 26 26 26 16 INDEX TO C( INS! I NJTION Initiative and Referendum pr.'\ i ~i. >n ^ concerning Injunction urit of, original jurisdiction Injury remedy for, by due course Insane persons disqualified as \ otei Interest libition against special law.., Jeopardy to be twice put in Judgment appeal from final power t.> carry into effect before final, accused persons -lull not advance fees . if justice of the peace, appeal Judicial Department urts, jurisdiction, etc Judicial Powers ted, where Jurisdiction writ- necessary for the exercise of Jurors and Jury religious qualifications not required r, in ••"tirt- of inferior jurisdii diet, criminal cases civil cases, three-fourths in civil cases, unless libel, criminal, powers Labor blacklisting prohibited prohibited prohibited, except rights of labor \< r Vrt. 6 12 16 12 16 16 973 1 11 2<> \2 X 9 8 7 1 12 8 9 27 10 10 m in IS 1" 4 16 1 > ea 16 3 16 3 16 6 16 6 974 INDEX TO CONSTITUTION Labor— Continued Art. Sec. legislature shall prohibit employment of women. etc., in mines, etc contracting of convict, to be prohibited eight hours a day's labor safety and health provided for Law actions, review on appeal Laws no law respecting religion due process of law administered without delay ex-post facto law, etc., forbidden granting franchise irrevocably, etc., forbidden . . of general nature, uniform operation private or special laws, enumerated, forbidden.. existing special, repeal appeals on questions of law validity of, cases involving, appeal submitted to voters, when uniform for counties relating to corporations Legislature legislative department power vested in, and people may regulate right to bear arms officers not liable to impeachment, how removed enumeration special, forbidden, if general law applicable .... restriction upon special or private laws not to deny certain powers power not to be delegated not lend public credit power over municipal affairs not to be delegated. selection capitol site not to be delegated shall provide railroad rates shall provide for fees Liberty not to be deprived of, except 1 Libraries public, exempt from tax 13 1 4 1 7.11 1 11 1 18 1 23 1 24 6 26 6 26 s 9 8 9 6 1 11 4 12 1.20 S 1 6 1 1 6 6 21 <> 26 6 26 6 26 6 26 6 29 6 31 6 29 6 29 12 IS 21 2 INDEX 1" CONSTITUTION 975 Life \>t. not to be dep except 1 7 Mandatory visions of constitution arc. exceptions .... I 26 Military and Militia subordination to civil power dutj "ii election day, when Money public, not to be used For any church. Statements, public money- public, profit out of, forbidden Municipal ers, elected as provided . powers not t" be delegated.. Office religious qualification to hold rty qualification required to hold. Officers elei eneral election, iirm commences.... nt it liable to impeachment, removal of increased allowance by special law forbidden.... mnty, 'tr city, extra compensation forbidden.. neligible to certain city office- Ordinance non-sectarian schools 1 20 4 4 1 4 13 6 13 8 4 9 6 29 Names special law changing, forbidden i> Oath of Office all officer- to take 4 10 1 1 4 4 4 9 4 in 6 21 6 26 i. 12 17 Penalties special law remitting, forbidden . . 6 26 Pinkertons te forbidden ... 12 16 Powers ernment, three departments 5 I 976 INDEX TO CONSTITUTION' 16 3 16 3 19 3 1 23 6 26 Precincts \rt Sec. existing recognized Press freedom of criminal libel 1 15 Prison and Prisoners persons imprisoned, treatment of convicts, labor cannot be contracted limitation^ . state prison, location Privilege irrevocable, not to be granted special law granting, forbidden Process of law, rights Property public, not to be appropriated to religious uses. . no property qualifications of voters, except.... property qualifications of voters, when property qualifications, vote to increase state tax property qualifications, vote to incur city, etc., debt due process of law for public use. compensation of U. S. exempt from taxation personal, of railroads taxation word "property" defined unexempted uniformly taxed Prosecution civil, in person or by attorney undeniable in name of "The State of Utah" Public Buildings general provisions 19 3 Public Debt— Limit of counties, cities, school districts 14 3, 4 1 4 1 4 4 7 13 7 14 3.7 1 7. 11 1 22 13 3 12 14 12 14 13 2 13 2 1 11 8 18 INDEX I -i I CONSTITUTION Public Moneys Art Sec. annual statement of, i" be published.. 13 6 making i > r . » f 1 1 <>nt of, :i felony 13 8 Punishment cruel '>r unusual, prohibited I '' Mate, counties, not t.> buj stock, etc 6 31 common carriers, legislative power over. 12 12 IS must not discriminate 12 12 rates to be fixed 12 IS rolling stock personal property 12 14 cution, etc 12 14 street rai msent of city 12 8 no) ilidate, when 12 13 hritiL; in "Pinkertons" 12 16 i-r-, agents, etc., when ineligible to office.. 12 17 blacklisting prohibited 12 19 combinations, prices, etc., forbidden 12 20 Real Property S exempt from taxation 13 3 minors, special law forbidden 6 26 Referendum initiatn e and I Religion right to worship 1 4 religious qualifications not required t>> voti hold office 1 4 union of church and state 1 4 public support of ecclesiastical establishment, etc., forbidden 14 public support of eccesiastical establishment, etc., idden 10 13 'man o>ntr..| 3 4 tions not required "i" teachei In 12 Rights enumerated 1 1-27 1 12 t" b in person, etc 1 14 t.> denj "tlier- 1 4 1 1 -? 978 INDEX TO CONSTITUTION Salaries Art. Sec. extra compensation forbidden 6 30 state, county, etc., officers paid fixed 21 1,2 Salt Lake City capital and state fair, location 19 3 state prison, location 19 3 School Districts existing, recognized 11 1 Schools, Public laws for maintenance of 3 4 open to all children 3 4 school elections held as provided 4 9 free from sectarian control 3 4 system shall include, what 1U 2 common schools free 10 2 high schools ire, when 10 2 support 10 2. i board of education-, control, in cities 10 7 religious, etc., qualifications not to be required.. . 10 12 sectarian, not to receive public moneys 10 13 existing school districts recognized 11 1 property exempt from taxation 13 3 debts, power to create 14 3, 4 vote to create 14 3 purpose of 14 3, 5 state -hall not assume 14 6 heretofore contracted 14 7 officers paid fixed salaries 21 1,2 keep account of fees 21 1.2 special law regulating, forbidden 6 2(j Searches and Seizures unreasonable, forbidden 1 14 Search Warrant issued when 1 14 Seat of Government located at Salt Lake City 19 3 Seizure right against unreasonable 1 14 Slander reputation, remedy for injury to 1 1 1 INDIA l< > CI INST! I U ll> >\ 979 Slavery \,i. Sec. "T involuntary servitude forbidden, except 1 _'l Soldiers vote .u post of duty, when 1 17 subordination to civil power ... 1 20 quartering on citizens 1 20 Speech freedom of, guaranteed 1 15 Special Laws prohibited in certain cases prohibited in certain i asi - existing, may be repealed not enacted when general law applicable Statute appi n in\ ol> ing validity . Stock • I be taken bj . etc. taxed, when (. 26 1 5 6 26 6 26 State Fair located at Salt Lake City 19 State of Utah union of church and state forbidden partments of state power legislative legislate e judicial judicial ficer disqualified to hold other office debt to, shall ni >t release claims against, for extra tees, etc, not allowed... cn to private enterprises. . escheat property to go to public schools 11 not aid sectarian schools property exempt from taxation public debt, by taxatioi it \ . conn! i.t public w< >rk^. day's labor public institutions maintained, location.... capital located at Salt Lake City 1 4 5 1 S 1 6 31 3 1 5 1 8 27 5 1 6 27 6 30 6 31 Ki .1 10 1.? 1.; 3 13 j 14 (. 16 i. 19 .1 19 3 8 9 6 31 13 2 980 INDEX TO CONSTITUTION Succession prohibition against special laws concerning Supreme Court part of judicial pi iwer i if state justice disqualified, procedure judicial power of state vested, where absence of judge courts inferior to, may be established party may appear before, in person or by counsel. Taxes and Taxation pri iperty i if U S. exempt special tax. property qualifications special tax. property qualifications special state tax, property qualifications special tax, county, etc., property qualifications.. 110 property qualifications to vote, except no property qualifications i, vote, except property qualifications, election for creating county, etc., debt prohibition against special law concerning high school-, support personal property of railroad- subject to fiscal _\ear begins January 1 all property not exempt shall be taxed "property" defined situ- of taxation corporations, stock not to be taxed, when annual tax for expenses and state debt rate equal and uniform valuation just deduction of debits from credits, when canals not to be taxed, when -late -hall not tax for any county, city, etc for any county, city, etc public moneys, statement published rate of -late, never to ex Cecil eight mills not to exceed fi mr mills, when not to exceed five mills, when may be raised b\ \ • ite corporations and persons subject to in proportion to property franchises, stocks, money, etc., taxed credits and all property taxed Art. Sec. 26 8 1 S 13 8 1 8 27 8 1 1 11 13 3 1 4 4 7 14 3 14 3 1 4 4 7 14 3.7 6 26 10 2 12 14 13 1 13 2,10 13 2 13 10 13 2 13 2 13 3 13 3 13 3 13 3 13 5 13 5 13 o 13 7 13 7 13 7 13 7 13 2-10 13 3 13 2 13 2 INDEX T< » C( >NS N rUTK IN 981 Taxes and Taxation — Continued mptions mortgages exempt taxes of indigent, remission public debt limited by tax valuations. University of Utah ition and establishment confirmed, existing laws concerning confirmed. . its, franchises, etc . perpetuated not required of teachi • Voters religious qualifications not required r rt> qualifications not required, • property qualifications not required, except propert) qualifications, when required property qualifications, when required Voting Machines pr< ihibited, e Waiver jur% il cases unless demandi Warrant nly on probable cause and upon oath. Water and Water Rights municipal corporation: may exchange reas Art. Se( 13 3 13 3 13 3 14 3.4 Township affairs, special la« a> to Forbidden 6 Trial accused persons, right • ■il appeal from justice's court, final, except disqualification of judge .-. twice p>r same i iffense by jur) 1 12 8 9 s 13 l 12 l 10, 12 Trusts prohibited 12 20 United States propert) exempt from taxation ilified elector- must be citizens of 13 3 4 5 in 4 10 4 10 4 10 12 1 4 1 4 4 7 14 3.7 13 7 1 14 11 ( 11 6 11 6 982 INDEX TO CONSTITUTION Water and Water Rights — Continued Art. Sec. ditches exempt from taxation, when city may incur indebtedness for existing rights confirmed Witnesses religious qualifications not required accused entitled to, and to be confronted by husband or wife as witness defendant need not be Women rights of suffrage 4 Writs supreme and district courts may issue 8 Year fiscal, begins January 1 13 13 3 14 4 17 1 1 4 1 12 1 12 1 12 INDEX TO LAWS OF UTAH Abatement Sec. of nui 4278 Absence it) judge from state, forfeiture 686x4 ildge, forfeiture of office. Con. Art. 8, Sec 27 Abstract • nrt. filing, lien .. 686x19 Acceptance of free pass, etc. 222 Accessories who arc 4074-4075 re the fact are principals 4074 resident, punishable here 4072 Account against city 230 ■ urt against county for fees 686x25 public, falsifying, penalty 4315 Acknowledgment of plats and subdivisions 2013-2015 ctive, cured 2007-2010 Acquittal under city ordinances, when not bar 208 Action ind .ik'.iin-t city or town 180-312-313 commenced bow, in city court . uv(,sl4 limn 28S6 under city ordinance, title, etc 208-210 official bond 1685 Adulteration . . . 4290x Adverse Possession what constitutes, limitations 2866x inst i citj . etc ... 2866x All. | ■ Anni ■ An- ■ (i- Ap| . Aft *W4 1 • 986 INDEX TO LAWS OF UTAH Arrest — Continued Sec. i .nicer refusing to make, penalty 4138 under pretended authority, a crime 4140 weapons may be taken from person arrested, disposal.... 4647 receipt given for money or property taken from person arrested 5122 inhumanity to arrest person a crime 4141-4143 resisting officer a crime 4081-4142 Assault by officer under color of authority 4143 and battery, cities to punish 206x49 limitation, criminal action, two years 4602 Assayers city may regulate business 206x38 Attachment garnishment. See garnishment 3113x Attempt to escape, assisting prisoners 4116-4118 to rescue person in custody, penalty 4112 property in custody, penalty 41 13 Attorney, City election abolished 213 appointive office 214 duties on appeal to district court 212x6 term 215 Attorneys and Counselors practice in city court 686x27 who may act in city court 686x27 Auditor to certify bonds and warrants 146 to certify bonds and warrants 147 to certify bonds and warrants 148 to certify bonds and warrants 149 qualifications 183 how chosen 184 in case of vacancy to vote 197 in case of vacancy in office, appointment 197 oath, bond 216 salary 225 duties 230 financial statement to be published 231 ni imination and election 913 INDEX TO LAWS 01 UTAH 987 Authority unlawful arrest under color of 4140 assault In officer under color of 414.1 Automobiles cities may regulate speed 206x38 ding on highways, etc 4296 Avenues in cities 206x8-255 dedication <>i 2014 Bail commissioners, in cities, duties, etc 249-251 Ballots see elections. Banks citj may license, tax and regulate 206x38 Bar of action against city for damages by failure to present claim 312-313 ^ lie ii conviction or acquittal under city ordinance not a bar 208 Battery. See assault 206x49 Befouling Waters a misdemeanor 4274 bj sheep washing in stream 4274 by maintaining, corrals, etc., near streams 4274 by placing i iffal, etc . in stream 4279 Begging cities may punish ... 206x53 Bell ■ : lure to rink', penalty !"'' Bicycle in cities 206x29-206x73 Births and Deaths ide for registration 206x66 Blacklisting ibited, punishment, Con Art 12. Sec. 19; art. 16, Si 988 INDEX TO LAWS OF UTAH Board of Commissioners Sec. of public works 286 of public works abolished 201 municipal government voted in board of five commissioners 182 board to consi-t of mayor and tour commissioners in cities of the first class 182 board to be known as board of commissioners 182 board to exercise discharge and have duty, powers of mayor, etc., shall be successors in office of mayor and city councilmen 182 qualifications of commissioners 183 how chosen 184 all powers of mayor vested in board 18S premium of bond to be paid by city 216 board may require additional bonds 218 all bonds to be filed with the recorder 218 commissioner not to be interested in contracts 222 commissioners not to accept franks, free service, etc 222 salaries of mayor and commissioners 225 salaries to be paid monthly 225 salary of mayor 225 board of equalization to be appointed 265 terms of mayor and commissioners 887 election of mayor and commissioners 887 commissioners to hold office until successors elected and qualified 887 powers of board 20(1-206x87 may require tracks of railway to be removed 206x may require gates , 206x1 may condemn, purchase or lease water works 206x2 limitation on power of board 206x3 power to be enforced by ordinances 207 may appoint directors of public library 1361 may fix amount of liquor license 1242x7 may enact further restrictions on liquor traffic 1242xd8 may make rules 198 may expel member 198 may assign person to one or more departments 201 may make rules and regulations 201 board to be elected 213 when ordinances to take effect 205 publication and proof of ordinances 205 tenure of elective officers 213 elective officer to file sworn statement of election and cam- paign expenses 213 IX I MX I'n LAW'S OF UTAH 989 Board of Commissioners Continued Sec. upon failure so to do office vacant 213 failure so to do, guilty of misdemeanor 213 board of commissioners shall appoint city officers 214 may create offices 214 prescribe powers, duties and compensation of officers.... 214 may appoint all agents provided by law 214 may till all vacancies 214 appointive officers. Terms 215 may be removed by board 215 hold until suci re duly appointed and qualified 215 all o subscribe to oath of office, to give bond.... 216 bond of mayor 216 d of commissioner 216 bond of auditor 216 bond of officers generally 216 vacancies in board or auditor to be filled by appoint ment of board 197 in ease of failure to fil I for thirty days, auditor shall -it and vote 197 mayor shall be chairman of board 199 mayor shall preside at all meetings 199 mayor shall have the right to vote upon all questions 199 in ea-e of absence or inability of mayor to act. board to select a commissioner to act as chairman 199 power- and duties "f board 199 may enforce attendance of witnesses 199 production of bonks and papers 199 administer oaths 199 three to constitute quorum, no act valid or binding unless three concur 199 and nay- to be called and ed 199 ■. motion and resolution or ordinance reduced to writing 199 r in mayor 199 mayor to sign every resolution or ordinance passed 199 ■ temporary chairman, or by two commissioners.. 199 ordinance- and resolution- to be recorded before in force.. 199 rithly pamphlet to be printed to detail and itemized .11 receipt- and disbursements 199 ■militarize proceedings and expenses durit ding month . !"'' trnish printed newspapers anil to applicants. . 199 63 990 INDEX TO LAWS OF UTAH Board of Commissioners — Concluded Sec. each year to cause complete examination of books and accounts of the city 199 to publish result of examinations of accounts 199 to prescribe time and place of holding meetings 201 at least four public meetings a week, when meeting to be held in the evening 201 special meeting to be ordered by majority of board, or by mayor or temporary chairman 201 order to be signed by members, or mayor, or chairman calling meeting 201 order entered in minutes 201 three hours' notice of special meeting to be given by recorder 201 notice to be served personally, not less than three hours before meeting 201 notice to be left at usual place of abode of member 201 all meetings to be public 201 private meetings may be held 201 books, records and accounts kept at recorder's office 201 open for public inspection at all times 201 board may make and enforce rules and regulations for its government 201 for the preservation of order 201 for the transaction of business 201 board shall have, possess and exercise all executive and administrative and legislative powers 201 powers shall be distributed among five departments 201 board shall designate superintendent of each department.. 201 shall determine powers and duties of such superintendent. of all officers and employes 201 Boiler inspection, cities may provide for 206x60 Bonds Official: to run to whom 1682 security to whom 1683 who may maintain action on 1684 successive actions on 1685 cover duties required by new law 1686 defects, do not avoid, when 1686 of city officers 206x84, 216, 218 exercising office without giving, a crime 4077 INDEX TO LAWS OF UTAH 991 Bonds Continued Generally: Sec. on appeal, city court 686x17 jurisdiction of city court, in actions on 686x10 city, power to issue 206x6-x7 , for paving, etc 260. 261, 263, 272 water, light, -ewer 308-310 certification of 146-149 sinking fund- may l>e invested in 2063x19 not required of city 3495 Books. See records city officer to give to successor 220 officer failing to transmit to successor, penalty 4087. 4088 tee. officer to keep 1023 public, larceny or mutilation, penalty 4119 public, falsification, etc 4087. 4119, 4315 bookmaking, etc 4261 Boundaries cities ami towns, on formation 169 extension 287 restriction 288-292 map to be filed 196 ■ \\ erse possession as against city, etc 2866x Brands on estrays and trespassing animals 35 Breach of the Peace. See Peace. Breweries cities may license, tax and regulate 206x38 Bribe defined 4053 corruption of executive officers 4079-4086 corruption of judicial officers 4104-411 1 offering or gi\ing to influence voter, or receiving same 892 city officer accepting, penalty 2-'.' to juror, penalty 41lM Bridges in citir~, construct repair 206x36 Broker eitic- may license, tax and regulate 206x38 992 INDEX TO LAWS OF UTAH Building Sec. public, not subject to mechanics' liens 1399 powers 'it' city council as to 206x55x72 Burial of indigent dead by city 206x78 rights, certificate issued to whom 632x6 transcript recorded 632x7 Butcher burning offal, etc.. near town, penalty 4279 placing carcasses, etc., in stream or highway, penalty 4279 Canals in cities, ci m -true t. repair 206x15. 279 what exempt from taxation . 2503 Candidates see elections 887-913 Capital of state, at Salt Lake City Con. Art. 1°. Sec. 3 Cemetery exempt from execution 2503 city, purchase, control 206x65 plats of. tiled 632x5 certification of burial rights, to whom 632x6 transcripts recorded 632x7 Census city may take 206x71 Certificate of burial rights in cemetery 632x6 that bond. etc.. is within debt limit 146-149 attached I" public documents and judicial records, evidence 3392 of juror-, a felony to falsely certify 1030 to be presented within a year 1032 who may not purchase 1031 of election, city or town 891 Change of Name of person, city. etc.. procedure 1545-1547 Change of Venue city court generally 686x30-686-33 [ND1 X rO I AWS 01 U I' All 993 Charters Sec. of cities and t"« ns repealed, effect 311 ial municipal charters forbidden Con Ut. 6, Se< 26; \u 11. Sec. 5 eral city charter. See Cities 169-298 Chattel Mortgage iosure bj action: in city court 686x12 Cheats 206x53 Children employment in mines forbidden, Con \n 16, Sec 3 1338 rity 1541 selling to) pistols to, penalty 4281 Christmas a legal holiday 1145 Churches - of, t.. swing outward 4299: Cities act for incorporation 169-313 i- uinlcr city ordinances, jury 686x18 tor rejected claims, within one year 2881. ., possession of streets, etc 2866x -i without warrant 247 ssments, special taxes 255 282 attorney, appointment, term of office 213. 214. 215 appeals to district court 212x6 auditor, duties, report* 230 annual financial statement 231 bail commissioners, appointment 2+' duties, etc 24" 249x ommissioners houndaries on incorporation 169 wards, change 181 tition, proceedings 287 restriction, petition, proceedings 288 commissioners to adjust term- 289 ■ court . 290 • ler tax levy 2^1 994 INDEX TO LAW'S OF UTAH Cities — Continued Charters: Sec. general to be provided Con. Art. 11, Sec. 5 repeal, effect generally 311 upon ordinances 311 upon rights, officers 311 Claims: audited by city auditor 230 for damages, presentation in thirty days 312 barred if not presented 313 presentation, other items, one year 312 action on, within one year 2881 Class: designated when organized 170 three classes 1 74 change of 175 proclamation 175 effect 175-179 judicial notice 1 76 legal results 177 ordinances 178 officers not affected 1 79 Constitutional provisions concerning: see Index to Constitution under title Cities. Contracts: of board of public works, approval 286 officers not to be interested in 222 interested in, penalty 223 recorder to countersign 229 for improvements, awarded 313x1 city liable 1400x Costs: on appeal, city to pay 212x7 Board of commissioners, general provisions: member not to hold created office 226 qualifications 183 how chosen 184 election 887-891 vacancies, how filled 197 compensation not changed 22S expulsion of member 198 to determine rules of proceedings 198 INDEX rO I AWS OF UTAH 995 Cities— Continued Sec. Board of commissioners, general provisions reconsideration of vote 203 reports when deferred 204 government, first class citii :s 182 meetings, majority is quorum 201 time and place prescribed 201 ;>i least four each week 201 special call, notice 201 to be public 202 journal 202 \ ■■■tin. i.l nays 202 ial, rescinding vote 203 committee reports 204 itntment and removal of officers 214. 215 Board of commissioners, powers of: advertising, regulate 206x38 advertisements in streets 206x25-26 alleys, etc.. lay-out, etc 206x8, 255 regulate use of 206x10 no adverse possession ol 2866x animals, cruelty to, punish 206x62 fastening, prescribe 206x83 at large, impound 206x67 appropriate money 206x2 arrest vagrants, etc 206x51 artesian wells, obtain and maintain 206x18 ashes deposit of, regulate 20 assault and battery, punish 206x49 I ers, regulate 206x38 automobiles, regulate 206x38 ■•ue-. lay out 206x8 bath houses, construct 206x14 regulate J hank-, regulate 206x38 barber -hup-, regulate 206x38 bawdy houses, suppress 206x40 bell ringing, etc . prevent 206x82 begging, punish 206x53 bicycles, regulate 206x29,38,73 birth provide for 206x66 boarding housi - 206x38 instruction 206x56 inspection, provide for 206x60 996 INDEX TO LAWS OF UTAH Cities — Continued Sec. Board of commissioners, powers of: bonds, issue 206x6. 7 pay interest 206x6 officers', approve, etc 206x84 district paving, etc., issue 260 curbing, etc., issue 263 limit of debt Con. Art. 14. Sees. 3, 14. 272 for water, etc 308-310 auditor to certify 146-149 bonfires, prevent 206x59 borrow money 206x6 breweries, regulate 206x38 bridges, construct and repair 206x36 regulate use 206x36 brokers, regulate 206x38 building, public, erect 206x5, 61, 72 care of 206x72 regulate 206x54, 55 destruction 206x54 canals, obtain and maintain 206x18 catcb basins, construct and maintain 206x37 cemetery, purchase 206x65 control 206x65 indigent dead, bury 206x78 census, provide for taking • 206x71 cesspools, regulate 206x37 children, indigent 206x79 chimneys, regulate 206x56 coal oil, storage 206x59 combustibles, regulate storage 206x54. 59 lumber, regulate keeping 206x74 contracts tor public improvements 313x1 cruelty t.> animals, punish 206x62 curbs and gutters, provide 206x24 bonds 263-66-79 dead, burial of 206x65 deaths, record • 206x66 debt, fund floating 1067, 1068 limit Con. Art. 13, Sees. 3, 4 debts and expenses, pay 206x2 depot site, may grant 313x ditches, obtain and maintain 206x18 ■ li-c.i-es. contagious, prevent 206x64 INDEX T< ' LAWS OF UTAH 997 Cities ' i mtinued Sec. ommissioners, pow ers induct, prevent 20<>\4'> houses, suppress 206x40 districts, t:i\, create, etc 206x16 disturbing peace, punish 206x49 dogs, license, etc 206x68 drains, construct, etc 206x37 draymen, regulate 206x38 duties "i" i ifficers, define Ill educate destitute children 206x79 elections, appoint judges 890 canvass votes 891 electricity, bonds for 308 310 electricity, franchise 206x 19 meter, rent 206x20 inspection 20 I and wires 206x20 regu' 206x20 works for 206x14 engineers, examination 206x60 licensing 206x60 estrays, etc., impound 35 206x67 explosives, -torage of _'i)<>\?') express companies, regulate 206x38 fighting, punish 2(*>\4 | ). xS2 finances, control 206x1 tire apparatus, provide 206x58 arms, carrying, prohibit 206x50 icharging, punish 206x49 irtment, provide 206x59, 2Slx-2Slxll prescribe 206x55 ctinguishment, provide for 206\. ; s '.unit-, define 2iv.x 5-4 places, etc., regulate 206x57 « .>rk~. regulate 206x40 banners, etc 206x27 franchise tor lighting, grant ' ..rant .' 206x32 206x40 games, certain, regulate 206x39 998 INDEX TO LAW'S OF UTAH Cities — Continued Sec. Board of commissioners, power of: gas, bonds for 308-310 connections 271 constructions 206x14 franchise 206x19 mains in streets 206x13 meter, inspection 206x20 rent 206x20 regulate sale 206x20 gunpowder, etc.. storage 206x59 gutters, bonds for 263 regulate, etc 206x24. 48 hackmen. regulate 206x38 handbills, distribution, etc.. regulate 206x26 health, create board 206x64. 1 105 secure 206x64 hospitals, purchase land for 206x65 hotels, regulate 206x38 houses, numbering 206x30 disorderly, suppress 206x40 of ill fame, suppress 206x40 inspection, boilers 206x60 provisions 206x45, 47 weights, etc 206x47 jail, keepers of 206x61 provide 206x61 use of county 206x61 junk stores, regulate 206x38 jurisdiction over water supply 206x15 labor, prisoners to 206x51 larceny, petit, punish 206x49 laundries, regulate 206x38 lease, property 206x2 waterworks, etc 206x14. 18 libraries, establish, maintain 206x76. 1360 license vocations 206x38, 39. 41. 86 dogs 206x68 engineers 206x60 fix 206x4 liquor 206x41 revenue 206x86 uniformity 206x86 lighting bonds, issue 308-310 INDEX ITO I \W - OF UTAH 999 Cities — Continued Board of commissioners, powers of: lighting city, provide tor 206x14, 19, 20 lights, in stables, etc 206x59 liquor, license U Chap. 44 inspection 206x80 regulate sale 206x41 liverj stables, regulate , 206x38 ncies, regulate 206x38 lotteries, suppress 206x40 lumber, piling, etc.. regulate 206x74 manholes, construct, etc 206x37 manufactories, dangerous 206x56, 57 regulate 206x69. 70 markets, establish 206x42 regulate 206x43. 46 measures, sealing 206x46. 4" merchants, regulate 206x38 mill privileges, regulate 206x17 money, borrow 206x6 money, obtaining under false pretenses prevent, when ... .206x49 name streets, etc 206x31 nuisance, declare 206x63 offensive trades 206x70 keeping of pigs 206x70 rail* ay tracks 206x, 206x33 -tables 206x70 numbering houses and lots 20t>\.iii obscene writings, prohibit 206x40 offenses, punish, limitation 20 office, create necessary 206x85 reports 206x84 ordinances, enforce 206x87 pass 206x87 nances" here under punishments 206x87 packing houses, etc., regulate 206x69 parks, lay out adv( ssion of 2866x pavii . <-tc 255-282 pawnbrokers, regulate ....206x38 peddling, regulate 206x38 petit larceny, punish 20i 1000 INDEX TO LAWS OF UTAH Cities — Continued Sec. Board of commissioners, powers of: photographers, regulate 206x38 placards, etc 206x26 plats, approval, etc 2013-2020 vacating 2016-2020 plumbing, regulate 206x48 police -and fire departments 251x-251xlO pound, establish 206x67 keeper 206x67 processions, regulate 206x77 profanity, punish 206x52 property, control 206x1. 2 prostitution, suppress 206x40 provide board of examiners of plumbers 206x48 provisions, regulate sale 206x43. 44, 47 inspection, provide 206x44 punishments under ordinance 206x87 quarantine laws, provide 206x64 railways, changing grades 206x33, 35 construction 206x14, 206x35 crossings, etc 206x34 declared a nuisance 206x33 drainage, etc 206-35 flagmen 206x35 franchise 206x32 gates, required 206x1 roads, conform to grade 206x35 required to fence 206x34 speed, etc 206x29 railways, pave intersections 259 pave and repair 2d(>-27ll consent to use streets 4.i7 regulate certain vocations 206x38, 39 liquor traffic 206x41 markets 206x42 officers 206x85 reports, officers 206x84 reservoirs, obtain and maintain ; 206x18 restaurant 5, regulate 206x38 riot, prevent 206x44 second-hand store-, regulate 206x38 INDEX TO LAWS OF UTAH 1001 Cities -Continued Sec. Board of commissioners, powers of: sewers, build, repair 206x13, . f ", 255 nnections -"1 regulate 206x48 bond to construct 508 310 sidewalks, layout, etc 206x8,255 282 bstructions 206x11, 22 paving, etc -'55 282 regulate use 206x22 traffic 206x28 signs, etc 206x25 sinking fund, invest in bonds 2063x19 -katinv; rinks, regulate 21 smelters, regulate 206x38 206x38 street, change of grade 255-282 curbs and gutters 206x24, 255 282 -. etc., in 206x73 ige, etc -'iKin-'.! handbills, etc 206x25, 26 ut, <-to 206x8.255 lighting, etc 206x12,20 sprinkling, etc 206x12 naming, tt >• 206x31 uctions 206x11, 23 placards, etc 206x26 plant trees in and wire processions, regulate 206x77 railroad crossings 206x34, 35 flagmen 206x35 in street. 206x32, 33 nsent to use 437 regulate use 206x10, -'5 riding and driving banners 206x27 provide for 206x81 trait' ipon 21 mains, etc 206x13 rep.. chai - swindlers, punish 1002 INDEX TO LAWS OF UTAH Cities — Continued Sec. Board of commissioners, powers of: tax, certain vocations 206x38. 39 districts, create 206x16 d"gs 206x68 private business 206x80 street, to provide 206x81 to be uniform 206x86 library 1360 levy and collect 206x3,253,255 for water 206x17 lien on water rights 206x17 for repairs of pavement 280 telegraph poles, etc., regulate 206x20, 25 telephones, construct, etc 206x14 poles, etc., regulate 206x20. 25 theaters, regulate 206x38 ticket scalpers, regulate 206x38 tracks, regulate laying of 206x32 order removal of 206x. 206x33 tramps, punish 206x53 trees, plant, etc 206x9 trespass, punish 206x52 tunnels, construct and repair 206x36 regulate use 206x36 vagrants, punish 206x51 viaducts, construct and repair 206x36 regulate use 206x36 voting machines, provide 868x3-868x6 care for 868x6 warrants, issue 206x6-230 water, bond for 308-310 o 'imections 271 control courses 206x17, 279 fix rate 206x21.279 mains in streets 206x13 purchase or lease 206x18 regulate sale 206x21 condemnation proceedings for 206x2 water works, construct, etc 206x13. 14, 15 jurisdiction over 206x15 lease 206x14. 18, 75 protect 206x15 purchase 206x75 special tax to maintain, etc 279 unlaw ful to purchase or lease less than whole 206x3 INDEX TO LAWS OF UTAH 1003 Cities — Continued Sec. ommissioners, powers of: weapons, >!. regulate carrying 206x50 weights, etc., sealing 206x46, 47 Court: City Court 686x-686x36 Dama [ change of grade, liability of city 282 for negligence of city, claim, presentment, bar 312,313 Deeds: of rnayoi - validated 2007-2010 Disin corporation: petition, notice of i 293 canvass of vote 294 judgment of court 294 claim*, notice to file 294 who may defend 294 adjudication 294 reconls. etc., deposited county clerk 296 taxes levied to pay debts 295 notice of disincorporation published _">7 paid by city 298 powers of court 295 Election: for organization 170 172 officers 172 notice 1 70 lisincorporaiii in 294 general municipal 887-891 ■ • sir. 821,890 biennial 887 terms of officers 887 qualifications of ■ 889 is, appointment 890 general law governs 890 canvass 891 891 tie vote 891 Fngip •• of record • >dian of documents 244 supplies for . 1 "i »4 INDEX TO LAWS OF UTAH Cities — Continued Sec. Engineer: record drawings and documents 244x1 fee paid before papers filed 244x2 seal 244x^1 not to conflict with other offices 244x4 penalty for failure to comply 244xS Fiscal year: begins wlu-n 252 Fines: how recovered 208 mayor may remit 189 to be paid into treasury 209 in appealed cases 4921 imprisonment until paid 210 credit convict labor 211 limitation upon 206x87 < '•' i\ ernment: vested in mayor and four commissioners 1S2 see "mayor" and "commission" herein. Incorpi iratii in : general charter to be provided Con. art. 11, sec. 5 petition for 169 duties of county commissioners 169, 1/0 class designated ." 170, 171 name 169 boundaries 170 jurisdiction under ordinances 206x87 city court. See City Court 686x-686x36 Limits: extension, petition, proceedings 287 ordinance declaring 287 plat recorded 287 restriction, petition, proceedings 28S c< immissioners adjust terms 289 report 290 decree of court 290 recording costs 292 court may order tax levy 291 Map of city: to be filed 196 INDEX TO LAWS OF UTAH 1005 Cities Continued Marshal: Sec. and pi dice 245 Mayor: how chosen 1N4 tion 213.887 qualifications 183 when not to hold other office 224 incy, how filled 197 removal from city vacate office 187 deeds by, under townsite act 2701 lintive power 21-4. 249 may forbid sale of liquor, when 1242x33 lint library directors 1361 power tn remove officers 215 powers and duties 189 196 to file map, when 1% vacancies filled by 214 remit fines, etc 189 may inspect boi 'k v etc 191 may enter townsite 2701 mmendations to commission 192 call citizens t.. enforce law 193 rs of ordinances 194 approve officers' bonds 216 suspend treasurer, when 236 misconduct, penalty 21" may solemnize marriage 1 188 pi iv\ • nerally 189 iluties appoint fire anil police chief- 251x3 urt, inayr appoints 686x4 noti ■ loard of probable strike 1330 Name: when designated 1<>Q changed, when and how 1545. 1547 elective, enumerated, term- 213 election, general 887 r. with consent 214 vacancies filled by mayoi . ... 214 ■ m of office. . . removal hy mayor 215 1>_\ commissi 215 64 I in 16 IXDEX TO LAWS OF UTAH Cities — Continued Sec. Officers: oath.-, and bonds 216-218 additional bonds 218 bonds filed where 218 misconduct, penalty 219 delivery of books to success* irs 220 must be qualified electors 221 defaulter ineligible to office 221 not to be interested in contracts 222. 223 bribery, penalty 223 compensation fixed by ordinance 225 increase, etc., forbidden 225 must be paid fixed and definite salaries Cont. art. 21, sec. 1 commissioner not to hold created office 226 duties, etc.. fized by ordinance 227 in cities of first and second class can hold but one office.. . 224 Ordinances: not affected by change of organization 178 by repeal of charter 311 publication or posting 205 in effect when 205 how proved 205 record of 205 revision, publication unnecessary 205 duties of "ii'icers fixed by 227 jurisdiction of city court under 206x87 to protect water supply 206x15 appointment to revise 194 power of commission t< i pass 206x87. 207 define mode of exercising powers 207 action for violation, in name of city 208 action for violation, bar 208 pleading 210 imprisonment 206x87. 21 1 against corporation 212x-212x5 city attorney t< i pr< isecute appeal 212x6 costs paid on appeal 212x7 salaries to be fixed by 225 duties of i ifficers fixed by 227 patented article not to be required on public improvements. 313x2 Police: appointment 251x3, 251x6. 251x11 chin', duties and powers 245 INDEX [< > l VWS OF UTAH 1007 Cities Continued have powers "i" constable 246,251x5 executive process 24i> ral duties 246, 247 arrc-t « ithout warrant 2A7 special, appointment 24S clerk, to keep record of property taken from prisoner 5123 bail commissioners appointed 24') oath and bond 250 duties, etc 24" 251 department, create and maintain 251x, 251x10 head, appointment 251x3. 251x11 removal 251x7 subordinates, number, etc 251x4 appointment, etc 251x6 suspension 251x8 p< iw it-, duties, etc 251 x5, 251x9 Power- of not t.i be delegated bj legislature Con. art. 6, se< 29 see "commission" and "mayor" above unaffected 511 \23 as bodies corporate 180 » ho may -cr\ e 212. 246 rty: may hold, etc 180 Public works: jointly liable with conti public work 14ihk duties 286 where to keep his office 228 duties 22S lintment, term of office 213.214 it) contract s --' ■ racts void unless signed l>> --'* certify t. 2S4 notify officer of removal 251x6 prepare voting machine-, when 868x8 appoint custodian of voting machine-, when 868x8 ifficio clerk of city court 686x8 as clerk of city court 686x22. <>^i,\2i> 1008 IXDEX TO LAWS OF UTAH Cities — Continued Sec. Recorder: custodian of city court seal 686x36 Repeal: of city charters, effect 311 Rights: not affected by general act 177. 178 Scrip for local improvement-: cities may issue, when 282x how sold 282x how issued, interest 282x1 redemption 282x2 lien on property, sale 282x5 Special tax fund : money paid on local tax is 282x4 use of fund 282x4 each fund separate 282x5 how paid out 282x5 coupon warrants, issuance 282\o how drawn 282x0 denominations 282x6 interest 282x7 city liability 282x9 Seal: of city 180 of engineer 244x3 of city court 680x34 Streets, etc.: paving, etc 255-282 no adverse possession against city 2866x changing grade, damages 255-282 Taxes, general: fiscal year begins January 1 252 levy by commission in July 253 limitation on amount 253 levy certified to county clerk 254 purposes of 253 assessment, collection, etc 2687 Taxes, .special, for improvements, etc.: collecti* in, etc Con. art. 13, sees 3, 5 INDEX TO LAW'S OF UTAH 1009 Cities - Ci mtinued Taxes: power to make local improvements 255 for ordinary repairs 256 paving districts 256 bonds 260 -. assessment 257. 258 delinquency 25s railway intersections 259 city bonds 260, 26] "lot," "lauds." "strict." defined 261 acc< irding to benefit 262 curbing and guttering, district bonds 263 not void for error, etc 264 action to recover 2ti4 equalization li>? railways, to pave and repair 266 railways, failure, levy 267 seizure and sale 268 action, defense 269 water, y;as and sewer connections 271 bonded debt, limit 1,1 intention to tax, notice 17.1 to be equitable, how levied 274 . description of 275 total cost in one 276 when made 277 notice ■ if delinquency 27s for other purposes 279 for irrigation, acreage tax 27"' repaying and repairs, distinguished 280 special assessment, lien ls\ money kept separate 238 -crip, issuance, etc 282x 282x3 special tax fund 2H2s-\-2X2^> irer: iinted, term of office 215. 214 duties 2.^2 bond, amount 21<> warrants only, monej paid on 255 paid in order 254 shall give receipts 255 keep city money separate 236 making profit of public money forbidden 236 registry of warrants 2.^7 1010 INDEX TO LAWS OF UTAH Cities — Continued Sec. Treasurer: reports 237 special fund kept separate 238 fines and forfeitures paid to 209.243 money from licenses paid to 209 Wards: number of 181 limitation on change of boundaries 181 Warrants: auditor to certify 146-149 treasurer t. i pay money on 233 paid in order 234 registry 237 of arrest, to whom issued 244 executed by whom 212. 24f> particularized in annual statement 231 Water and water works: power of commission over. See "commission" supra. special tax to maintain, etc 253. 279 b. inding for 308-310 ordinances to protect, jurisdiction 206x15 not to sell or lease Con. art. 11, sec. 6 debt limit for Con. art. 14. sec. 4 Year: fiscal, begins January 1 2?2 City Court Jurisdiction: generally 6S6xl0 limitation as to 686x11 concurrent with district o uirt 686x12 exclusive under city ordinance 686x13 Judge: office created I election, term 686x1 qualifications 686x2 oath 686x3 duties, failure to perform, or absence from state vacates office 686x4 mayor appoints to fill vacancy 686x4 INDEX TO LAWS ol II Ml 11)11 City Court Continued Sec. Judge i- municipal officer 686x5 salary, paid by city 686x5 am. mm 686x6 must reside in city 686x7 hold court in city 686x7 city must provide court room, etc (>Sii\7 disqualified to act, when 692 cannot a< orney except 693 cannot have law partner 694 may contract with stenographer, when 728x2 change of, grounds 686x30 but one granted 686x31 istrict court, when 686x32 ;e pro torn, by agreement 686x32 qualifications of 686x32 es of 686x33 Clerk of: recorder in ex-officio 686x8 duties 686x8 generally 686x22 in criminal actions 686x25 paid city treasurer (> - under city ordinance- paid city treasurer 686x26 half tine- under State laws paid Mate treasurer 686x26 custodian of seal 686x36 of paper- and record- 686x24 - executions and process 686x20 form 686x34, 636x35 igrapher: employment, compensation, etc 728x2,728x3 dure: partie- appear in per -on .,r by attorney 686x27 open every da) except Sund 686x28 civil action- same as di-trict court 686x29 criminal same a- justici 686x29 'i-. commenced as in di-trict court 686x14 summons, direction- in 686x14 service and return <>!-7,xl4 mplaint not filed within five day- dismissal 686x14 demurrer, reply 686x15 1012 INDEX TO LAWS OF UTAH City Court — Continued Sec. Procedure: jury trials, hoik- under city ordinances, except 686x18 civil cases same as justice's court 686x18 jury trial, criminal same as justice's court 686x18 judgments, form as m district court 686x16 when amount exceeds jurisdiction 686x16 abstracts filed with clerk district court 686x19 lien of 686x19 new trial, motion for as in justice's court 686x17 appeal to district court 686x 17 decision of district court final, when 686x17 process, issued by clerk 686x20 served by sheriff 686x21 witnesses' fees in civil actions 686x23 in criminal actions 686x25 costs as committing magistrate to be paid by county 686x25 Claim. See Action Against : city, presentment, audit, payment 206x2.230 city for damages, presentment, bar 312, 313 Clerk See Clerk of City Curt 686x8-686x36 Clerk of City Court recorder is ex-officio clerk 686x8 duties 686x8 issue executions and process 686x20 fees 680x22 disposition of 686x26 custodian of certain justices' records 686x24 seal i if court 686x36 Clerk of the District Court judgment, of city court, docketing 686x19 Code of civil procedure 2851-3772 penal 4051 4505 Combustibles city may regulate storage 206x49, 59. 74 Commissioners board of 169.313x1 bail, in cities, powers 249-251 1XDEX TO LAWS OF U I'AII 1013 Commons Sec. dedication of 2010. 2014 Compensation of city officer fixed by ordinance 225 of registry agent 817 of judge of city court 686x6 of judge pro tem city court 686x33 Complaint actions: in city court 686x14 Criminal Actions: against corporation " 21 _'\ Compounding Crimes or concealing, penalties 4075. 4145 compromising certain misdemeanors, procedure 5062-5064 Compromising Public Offense when allowed 5062 when not allowed 4145. 5062, 5064 ''lure 5063 only as provided by law 5064 by order of court, a bar 5064 Concealment ..t' felony or felon, penalties 4075. 4145 Condemnation 206x2 Conductor, Railway may arrest without warrant, when 463S shall take arrested person before magistrate 4139,4650 intoxication of, misdemeanor 4_"»_' violation or neglect of duty 4_">4 Confession of Judgment in city court • 686x10 Consent if, f^r marriage 1541 Constable may -rr\c city process, etc 212 refusing t.> make arrest, a crime 4I3S suffering a prisoner t" escape, penalty 411i> limitation of action against 287f 1014 INDLX TO LAWS OF UTAH Contagious Disease Sec. city to prevent 206x05 Contracts city officer not i" be interested in 222.223 public, extra compensation prohibited Con. art 6. sec. 30 debt limit of state, counties, etc Con. art. 14, sees. 1-7 Conveyances by city, power 206x2 Plats and Subdivisions: owner may plat lands 2011 map must be made 2012 acknowledged, recorded 2013 approved by city council, etc 2013 dedication of streets, etc 1114.2014 selling lots before recording, penalty 2015 vacating, application to city commission, etc, 2016 vacating, petition 2017 hearing order 2018 portion of, petition 2019 hearing order 2020 Validating: deed heretofore executed by mayors, probate judges, etc. .2007-2009 instruments reci irded prior t> i Jan. 1, 1907 2010 Conviction must be legal 4508. 4S16 of crime forfeits office, when 41 1 1 Convicts to labor in cities 206x51 under protection of law 4141.4143 escapes, penalties 41 18 retaking after 4655. 4656 rescues, penalties 41 12. 41 13 Copies officers to furnish, when paid for '. 3376 Corporations municipal — Sec Cities 169-313x2 service of summons upon 2948 Criminal Proceedings Against under city ordinance 212x. 212x5 INDEX TO LAWS OF UTAH LOIS Corporations Continued Sec. Powers: Sec. limited to business authorized Con., art. 12, sec. 10 Corruption see bribe 4079-4111 "corruptly" defined 4053 Costs Generally: on appeal, from city court 686x1! idge pro tern, city court 686x33 Commission powers, etc Sec Cities 197 212 Counsel defendant in criminal case allowed Con. art. 1, sec. 12; 4513 Counties Boundaries: ge," "township," "section," defined 457 th," etc., mean true courses 458 in-- c\it in^r machine*, provide 868x3 868x6 care for 868x6 County Jail finement of city prisoners -'' Courts city court Court 68 qualified, when 692 catm.it be attorney, etc 693 not to have law partner sittings public . 695 696 1016 INDEX TO LAWS OF UTAH Courts — Continued Sec. judicial days, in city court 686x28 sea] of city court 686x34-686x36 Court Stenographer of city court 728x2-728x4 Crimes defined 4061 how divided 4062 conviction must he legal 4508, 45 l'i compromising, procedure 5062-5064 compounding, penalties 4145 intent necessary to 4068 hi >\v manifested 4069 intoxication no excuse for 4070 limitation of prosecutions 4597-4603 prevention of 4520. 4521 against the executive power 4077-4088 puhlic justice 4104 public decency and morals 4266 puhlic health and safety 4274 puhlic peace 4300-4314 puhlic property 4315-4325 arrest. See arrest 4635-4654 jurisdictii in, city court 686x13 parties to 4071-4373 who incapable of committing 4071 principals 4074 accessories 4075 officer convicted forfeits office 4066,4111.4317 unity of act and intent 4068 cities may punish 206x87 Criminal Action defined 4510 under city ordinance 208-212x6 jurisdiction, citv court 686x13 in cities 206x87.208.210.241 commenced when complaint filed 4603 arrest— See arrest 4635-4654 limitations—See Limitations 4597-4603 parties— See Parties 40/ 1 conviction must be legal 4508-4516 ■appeal — See Appeal: from City court 686x17 INDEX r< I I AUS OF UTAH 1017 Criminal Action Continued Sec. d not to advance 4514 rights of defendant — See Defendant. .Con. art. 1, sec. 12; 4508, 4516 compromising 5062 Criminal Procedure provisions 4506 ih prescribed in code 4507 Cruelty to prisoner, penalty 4141, 4143 Dairy and Food Products I nspection : - may provide I'>r _ > Df.\44 Damages tor death limitation of action 2878 jurisdiction of city court 686x10 by changing grade of street 282 claim against city f'>r negligence, etc 312 presentment 312; 313 bar $12,313 Dancing and Dances ■ >n Sunday pn 'hibited 4233 sale of liquor at dances prohibited 4237 female playing in saloon or 4243 female in public place 4_'44 Day eight hours on public \v..rk~ Con. art 16, sei 6; 1336 Dead indigent, city to bury 206x78 Dead Animals putting in streets, rivers, etc 4279 Death by n . . limitation, two years 2878 Debt limit on -tate. counties, cities, etc Con. art. 14, sees 1 7 limit certification 14<> 14'' Debtor attachment and garnishment 3113x1 1018 INDEX TO LAWS OF UTAH Decoration Day a legal holiday 1 145 Dedication of Greets, alleys, etc 2014 Defendant Criminal Procedure: rights of accused Con. art. 1, sees. 7-13 party prosecuted known as 4512 arrest— See Arrest 4635-4654 as a witness 4515 may appear in person or by counsel 4513 counsel, entitled to 4513 entitled to a copy of complaint 4513 may testify in his own behalf 4513 not compelled to testify 4515 to be confronted by witnesses 4513 to have compulsory process for witnesses. .Con. art. 1. -co. 12: 4513 t' i have speedy, public trial 4513 right to appeal 4513 must be convicted according to law 4516 not compelled to advance fees 4514 rights of 4508-4516 arrested, receipt for property 5122 Defense (See Answer") limitation — See Limitations 4597-4603 intoxication no excuse for crime 4070 who capable of committing crime 4071 Definitions terms in renal Code 4053 Deposit in lieu of undertaking, any case 3494 substitution of undertaking for deposit 3494 Depot cities may grain site for 313x cities may grant franchise for 206x32 Description of boundaries of counties — see name of county. INDEX l" I AWS < >l UTAH 1019 Destruction Sec. of public records by officer. 41 T' by other than officer 4120 ndecent book, picture, etc 4249,4250 Disincorporation mr embezzled 5118-5123 Disqualification ■ when disqualified 692 ■ >r" city judge, change of judge 686x30-686x32 !il office, for making profit of public money 4317 to In ill I office, for felony in office 4066, 4111 Distribution of irrigation water by cities 206x17 District Court disqualification 692 cannot act as attorney 693 ive partner in law 694 pr.. tempore of city court 686x32 •n- public, except 695,696 Districts itics 206x16.256 Disturbance of public meetings 4300 of religious meetings 4236 e peace- -See Peace 4310 Docket ts entered, lien of 686x19 Dogs city 1 Doors of public buildings to swing outward 4299x42! - or make arrest 4(4 ; • Drunkenness ise for i-rin . affect intent to commit crime. 4070 1020 [NDEX TO LAWS OF UTAH Easements Sec. no adverse claim against a city, etc 2866x Elections t Jeneral Provisions : primary election S21x districts, where voting machines used 868x15 Of municipal officers: enumeration 213. 214 city judge 686x1 when held 887 terms of .213,887 mayor elected at large 184 commissioners, when elected 184, 887 disqualification of electors. 889 judges and voting places 890 general law to govern 890 canvass when 891 tie vote 891 nominations 822-834 registration, time, place, etc 817. 890 expense 817 necessary 821 on corporation of city 1 72 voting places 890 Primary Elections: presiding officers Nil \ polls, open and close, when 821 x voters at, qualifications 821x1 Registratii m : necessary to vote 821 agent, post list of nominations 831 municipal elections 817 official for districts with voting machines 868x7 for municipal election 817 for municipal election expense 817 Nominations: by convention i<22 "convention" defined 822 by committee 822 by vot ers X22 certificate 823 INDEX rO LAWS OF UTAH 1021 Elections— Continued . Sec. Nominatii ins certificate to be filed 825 I i i— t — to l>c published, time, paper. etc 830 posted when 830, 831 sent to registrj agenl 831 vacancies, how filled 834 Ballots: instructions t" voters 868x7 number of voting machine .S(iS\7 for voting machines 868x7 defined 868x16 Judges: -. compensation, « here machines used 868x9 honk-, none with voting machine 868x7, S68x9 Voting: at primal"} 821x. 821x1 V >tmi; Machi; anticipated • Con. art. 4. Si commission on, duties 868x onlj approved machines used 868x1 party selling must keep in good working order 868x1 i\ ed ninety day S befi ire election 868x2 provide. I by counties and cities 868x3.868x4 requirements of 868x5 how cared for 868x6 hall. nery, and instructions for 868x7 official registry to be furnished judges 868x7 duti. here machines \i^t.-i\ 868x9.868x12 duties of county clerk and city recorder 868x8 idian, dul pensation 868x8 prepared & delivi polls 868x8 itain view 868x10 • t 868x1 1 scertatned 868x12 d 868x13 where machii creation 868x15 fined 868x16 868x17, ft laws apply where inael 868x17,868x18 penalty. 65 1022 INDEX TO LAWS OF UTAH Elections — Continued Sec. Returns: fn im voting machines 868x12 Elections. See Liquor Law, Chap. 44 Offenses: selling liquor on election day Sec. 1242x25 Embezzlement defined 4374 by officer, agent, etc., of corporation, etc 4375 stolen property, how disposed of 5118-5123 i if public money, no limitation 4597 or misuse of public money 4315-4319 Eminent Domain exercise for, water rights for cities 206x2 private property subject to 206x2 Employes — See Labor. public, wages garnisheed, when 3113x, 3113x1 violating eight hour law, misdemeanor 1337 must provide seats for female employees 1339 Engineer locomotive, omitting to ring bell 4291 intoxication of 4292 violation of duty 4294 license, etc., cities may 206x60 Equalization city, special tax 265 Escape limitation of action against sheriff, etc 2879 from other prison, penalty 4115 officer aiding or permitting 4116 a-^isting. penalty 4117 furnishing tools, etc., to aid 41 18 retaking after 4655. 4656 Estrays and Trespassing Animals Estrays: city regulations 35. 2Qu\<~ INDEX TO LAW'S OF UTAH 1023 Evidence Sec. Procedure: entries by officers 1395 in official records $389 public record, proof of 3375-3395 public writings, open to inspection, etc $375 certified copy furnished $376 rd, entries generally 5395 official entries $389 writing, certification, form of, seal $392 3393 Examination of engineers bj cities 206x60 Examination, Preliminary change of judge, city c< 'iirt 686x30-6Sf>\32 in city court 686x13 Exclusion of Witnesses, Etc. On trial of rape. etc 696 on any trial, in discretion of court Execution issuance, "ii docketed city court judgment 686x19 upon judgment of city court 686x20 for fine, against corporation 212\? iptions, n< me a^ against poll tax 1745 Criminal Procedure: I fine "t' a corporation 212x5 Executive Power crimen against 4077 1088 Exemption ■> from ta \at ion Con. art. 13, sec. 3 from Sec- 1744 [745 public building* '24? none 11 tax judgment 174? Explosives making, keeping, etc., in cities and towns, penalty 1280 cit> may regulate 206x59 deli'. ■ shipping, must be marked 4280x violation, penalty 4280x not stored within 2 •dwelling 4280x1 marked with date and per cent of nitro glycerine I regulations "ti wrapping and marking 4280x4 4280x5 1024 INDEX TO LAWS OF UTAH Extortion Sec. I>y executive officer 4082 False Imprisonment limitation of action for, one year 2879 defined, penalty 41S8, 4189 False or Fraudulent Claim presenting for allowance, felony 4083 False Weights and Measures see weights and measures 2730 Falsification of records by public officer 4119.4315.4597 of records and documents 4119-4121 Fast Driving when a misdemeanor 42% Federal Jurisdiction: ceded to U. S. over land or public building, except 963x1 ceded to Q. S. over Fort Douglas and Duchesne 963x3 Fees of judge pro tempore city court 686x33 i f clerk of city court 686x22 Of City Court: county to pay. when 686x25 ( it G mrt Stem igraphers : of city court, enumerated 728x3 paid by city 728x3 Of Witnesses city courts 686x23 for defendant .it expense i if state 10(14 i ifficer not to receive fee 1005 criminal case, one fee a day 1006 interpreter and translator 1007 General Provisii in officers to keep account of 1015 liable for collection 1015 officers must keep fee books, penalty 1023 officer to receipt for fees paid 1026 failure to pay over, penalty 4310 INDEX TO LAWS OP UTAH 1025 Fees Continued General Provisions: to keep fee book-., etc., penalty 1027 chart receiving illegal, vacancy, damages 1029 certifying falselj as to ■- of jurors, etc., permit) 1030 officer forbidden to purchase scrip 1031 list to b( posted 1024 for copy, "ii payment, officer must furnish *37i> witnesses' and juror-' certificates invalid after one year.... 1032 Felonies limitation of actum for 4597 I Enumeration -iiuv; prisoner to escape 4117 bribery of executive officers 4079-4081,4085 of legislative officers 4102 of judicial officers 4104 compounding crimes 4145. 5064 election offer - Elections 892 embezzlement 4315. 4316, 4374 ipes 4114 II is fraudulent claim against state, etc., presenting 40S3 judicial officer, bribery 1104 mire, bribing members, etc 4102 4079,4135 false instruments for record 41J1 er refusing to surrender b. .ok-, etc 4087 suffering escapes 411,6 \ iii£ bribes 4105 failing to pay over money 4316 falsifying accounts, etc : 4315 making profit of public monej 4317 falsifying records 4087, 41 1». 4315 public n ned 431S misusing 4315 failing !■> keep ami pay over 4316 making profit out of 4317 rds, falsify ing 41 1 withholding 4087 ing, mutilating 4119 era 4112 4301,4302 1026 INDEX TO LAWS OF UTAH Females Sec. empli lying ti i dance at saloon, etc 4243, 4244 selling liquor to, in wine room, a misdemeanor sec. 1242x29 employes, resting places for 1339 Fight bull, bear. cock. etc.. on Sunday 4233 prize or ring prohibited 430S witnessing, a misdemeanor 4309 Fines under city ordinance, limit 206x87 disposition 209. 243. 4921 of district court, disposition 4921 of city court, disposition 686x26 failing to pay over, felony 4319 Firearms toy pistols forbidden 42X1 Fire Department city may provide for 206x58 in cities with over 12.000 2Slx shall consist of what 251x2 mayor appoint chief 251x3 commission provide number and set salary 251x4 appointment of subordinates 251x6 removal of subordinates 251x6 chief 251x7 city recorder notify of removal 251x6-251x7 chief may suspend subordinates 251x8 qualifications, city council specify 251x9 cities empowered shall create fire department, when 251x10 volunteer, exempt "from poll tax 1744 Fiscal Year begins January 1, for cities 252 Floating Debt. See Debt. at statehood, of counties, cities, etc 1067. 1068 Food inspection, cities may provide for 206x44 Forcible Entry and Detainer Jurisdiction: city court 686x12 [ND X I i LAWS OF UTAH 1027 Forfeiture. See Fine. ■ ■I office by conviction of crime 1029,4066,4111, 1317 by absence, city judge limitation of actions, one year 2^7'' Forgery of public or Corp. Tate seals 4345 ds or official documents 4087, 4119, 4121, 4315 offering forged instruments for record 41 Jl Forms summons, city court 686x14 criminal action against I ■!> -l-?s 1 Fort Douglas jurisdiction over, ceded to U S 963x3 Franchise cities may grant 206x19, 32 live, crimes against 892 • Fraud winning at play bj means of Gambling ling, bi " ikmaking duties of officers in regard t.> 43.'. prohibited, penalty for 1261 permitting in house owned or rented 4262 privilege of witness as t.> testimony 426S winning at, by fraudulent means witni • nipt 4264 242x28 ities may suppress 206x40 Garnishment i 3 1 1 3 x how 31 13x1 Gas in cities, franchise, etc 206x13 20 Gates ■ quire railv ■• • ' 16x35 Giant Powder I 1028 INDEX TO LAWS OF UTAH Girls — Sic Children. Sec. attain majority at eighteen, or by marriage 1541 Government Lands federal jurisdiction over 963x4113x3 Governor proclamations, holiday 1145, 1146 change of class of city 175 Grade of streets, damages, liability of city 2X2 Gunpowder city may regulate storage 206x59 Habitual Drunkard selling liquor to 1242x12-1242x28 Hackman cities maj regulate business 206x38 He£dth Local Boards: in cities, how constituted 206x64.1105 health officer 1105 duties generally 1107 quarantine powers 1 1 ID convention called by state board 11 13x21 membership of '. 1 13x22 expenses of officer attending 1113x22 purposes Ill 3x23 Regulations: who may make and enforce 1 109. 1 110 Highways width of public, sixty-six feet Ill" of private, twenty feet 1117 of bridges, etc.. excepted 1117 in cities, etc., subject to city regulations 1121 ni • adverse possession «■ . . .2866x Penalties : speeding on 4296 Holidays enumerated 1 145 sale of liquor on. may be forbidden Sec. 124_'x_\s INDEX TO LAWS OF UTAH 1029 Hotel Keepers cities maj regulate 206x38 House Of 111 Fame pow< it) to restrain ,... 206x40 keeping "r resorting to 425 1 Husband and Wife |iior to husband, damages 1242x12 111 Fame keeping or residing in house of 4251 Imprisonment See Felony, Misdemeanor, Convicts, ;u lal>.,r in cities 206x51.211 iolation of city ordinance 206x51. 210. 211 penalty 4188,4189 limitation of action for 2879 Improvements street, in city, taxes, etc 255-282x9 Indecent Exposure a misdemeanor 4247 . picture, etc 4247 4250 Independence Day 1 145 Indigent burial, by city 206x66.78 Initiative and Referendum s to Con art. 6, Sees. 1. 22 Insane disp 1242x30 Inspection ■ ds, right .'.'75 Instruments in act validating 200 of r< imparted bj d 2007 2010 in <■•• la 1030 INDEX TO LAWS OF UTAH Intent Sec. a necessary element to crime 4068 how manifested 4069 how drunkenness may affect 4070 criminal negligence the same as 4068 Interpreter witness fee and per diem 1007 Intoxication no excuse for crime, mitigation 4070 Irrigation and Water Rights General Provisions: cities, sub-head "water and waterworks," town "r city maj incur indebtedness for Con. art. 14, Sec. 4; 308 eminent domain for cities 206x2 Intoxicating Liquor Elections regarding 1242\4S 1242x66 construction of terms 1242\4N local option unit 1242x4° elections 1242x50 date of first 1242x51 petitions to be filed 1242x52 qualified voters 1242x53 duties of county clerk 1242x54 duties of registry agents ' 1242x55 offenses ]242x5o form of petition 1242\57 form of notice 1242x58 Ballots 1242x59 law of state to apply when 1242x62 returns 1242x61 canvass of votes, declaration of results 1242x62 date effective when vote against -ale 1242x63 license fee to be refunded when 1242\f'4 violation. Subsequent offenses. Penalty 1242x65 licenses to be annulled when 1242x66 restrict!' ins and regulations 1242xoS provisions of act not applicable when 1242x67 Search and seizure 1242x43-1242x47 duty of peace officers 1242x43 property nol t" be discharged, when 1242x44 return of officer, etc 1242x45 INDEX Tl I I AWS 01 UTAH 1031 Intoxicating Liquor Continued Sec. Search and Seizure: destruction of seized property, etc 1242x46 arrest without warrant, etc 1242x47 License required 1242x1 without 1242x1 manufacture of ! 1 242x 1 who may grant 1242x3 application bond 1242x3 manufactures 1242x4 -. bom ma) not be issued 1242x5 bom may not b ms 1242x5 definition of term-. 1242x6 ount of license to be fixed limit 1242xT ti > be paid to tn asurer. Term . 1242x8 application contents 1242x9 revocation of 1242x10 ihj sician, etc 1 242x16 bond, form of 1242x11 liability of licensi es Actions 1242\12 actions may be brought 1242\l.i actions on bond 1242x14 manufacturers, etc., not to be interested in procuring, etc. .. 1242x20 : : iii)4 unlowful aid etc 1242x22 fee for unexpired term to l>i refunded 1242x64 m>w in effect to be annulled when 1242x66 prosecution- 1242x36 ■! nuisance when 1242\42 Liquor: iuI license prohibited 1242\1 mstrued 1242x2 manufacti 1242x4 definition of term- 1242x6 application for license, contents 1242x9 license, revocation of 1242x10 of physician, etc 1242x16 1242x13-14 sale of without prescripts in 1242\ 1 5 nes prohibited 1242x17 : and wine- for certain purposes 1242x18 sale by drug^i •• 1242xl'l _c.| in manufacture not to contract for .. 1242x21 :it of minor- prohibit 1242x23 [032 IXDEX TO LAWS OF UTAH Intoxicating Liquor— Continued Sec. manufacture of, minors not to be employed 1242x24 sale of to Indians, mini irs, etc., pn ihibited 1242x3d minors falsely representing age 1242x31 adulterations 1242x32 delivery and sale of 1242x34 U. S.. Internal Revenue tax -.tamp as evidence 1242x35 prosecutions 1242x36 consignments to be inscribed 1242x3'J bill suit for 1242x37 sale made where 1242x38 common carriers transporting 1242x40 sale within five miles < if camps, etc 1242x41 sale of nuisance when 1242\42 Saloons: opening and closing of 1242x2? vacating after closing 1242x26 booths, curtains, etc.. prohibited 1242x27 must be conducted in orderly manner 1242x2S gambling in prohibited 1242x27 must not be connected with premises used for unlawful purposes 1242x2° sale of liquor to Indians, etc., prohibited 1242x30 minors falsely representing age 1242x31 adulterations 1242x32 may be rinsed when 1242x33 nuisances when 1242x42 pro tempore may try cause when 686x32 power 086x32 compensation 686, 686x33 Jail city to provide 206x61 escape from, penalty 4116. 41 IS Judge when disqualified 692 cannot act as attorney 693 Judgment, Civil Procedure In General: by confession, entry in city court 686x 10 Lien of: abstract From city court 686x19 INDEX TO LAWS I IF UTAH 1033 Judgment, Civil Procedure Continued Citj Court: entered same form as in district court 686x16 abstract of, filed with district court 686x19 Judgment, Criminal Procedure ( ..art : same as in justice's court 686x29 Jurisdiction over federal reservation 963x1-963x3 city court generally 686x10 limitations 686x1 1 concurrent with district court 686x12 over citj ordinances 686x1.? Jury Citj court civil procedure, a- in justice's court 686x18 criminal procedure, under city ordinances 686x18 as in justice's court 686x18 Justice of the Peace see city court 686x-686x36 session public, except 695, 696 successor, city court i- 686x24 disqualification 692 not to ha\ e law partner 694 Trial, criminal procedure: -mini: public, except 6" Knowingly • ! 405.? Labor Miscellam day, a holiday 1 145 eight hour- a day's work on public work-; Con. art. 16, sec '■; 1.'.?'' violation, a misdemeanor 1336, 1337 employment of women and children in mine-, etc. un- lawful, (.'on. art. 16, sec .? 1338 employer must provide -e.it- for females 1339 convicts in city jail . 206 51, 211 Labor Day a legal holiday 1145 1034 INDEX TO LAWS OF UTAH Lane Sec. width 1117 no title to by adverse possession against city, etc 2866x Larceny city may punish petit 206x49 disposal of stolen property 5118, 5123 property taken from, deft., disposition 5122 receipts given 5122 record 5123 Laundries cities may regulate 206x38 Law enactment, by initiative and referendum .. Con. art. 6. sees 1. 22 Lawful Resistance by officers and others at their command 4520, 4521 Legal Holidays what are 1145 Legislature by initiative and referendum Con. art. 6, sees. 1, 22 Lewdness how punishable 422" in exposing pictures, etc 4247 house of ill-fame 4251 city may suppress 206x40 Liability. See Damages of officer failing to post fee bill 1024 refusing receipt for fees 1026 charging excessive fees 1029 an official bond 1683-1686 created by statute, action for, one year 2877 Library Public: exempt from taxation 2503 cities may maintain 206x76. 1360 city tax may be levied for 1360 must be levied in city of first class 1360 fund establishment of 1360 petition 1360 director, .me member of commission may be 1361 INDEX ["O LAWS OF UTAH Library Continued Sec, directors, appointment t>y mayor 1361 term "i offici 1362 removal ol 1362 filling vacancy 1363 organization of 1364 by Lin s 1364 trol <>i funds, etc 1364 to issue vouchers 1364 maj unds, etc 1364 may extend privileges 1365 report annually 1366 city commission t" provide penalties 1367 reading room to be free 1365 rule-, and regulations for 1365 funds deposited b) city treasury 1364 vesting title of donations to 1368 License power of cities See Cities, subhead "license" 206x38-x41 liquor,, generally See Intoxicating Liquors 1J4J\1 Lien • >t' municipal taxes 2694 for improvements 281 ■ty -crip 2S-'\.< ire, jurisdiction of city court 686x12 dgments: cit) curt docketed in rli-trict court 686x19 material, men. eti tpply to public buildings, etc l.W public work-, liabilil 1400s bond to relieve 14 Limitations ■ ■ bed -* :: ! by count) "r city, one year linsl city, etc . 2S66x lis, real. irs: adverse, title to -tree >rbidden 1036 INDEX TO LAW'S OF UTAH Limitations — Continued . Sec. Actions, personal: list officer, two years 2878 for forfeiture, libel, etc.. one year 2879 for escape, damages by riot, one year 2879 against county, city, etc., on rejected claim, one year 2881 against officer for seizure, six months 2880 to recover goods, etc.. from tax collector, six months 2880 for monej paid to officer under protest 2S80 Criminal actions no limitation for murder, etc 4597 for felonies generally, four years 4598 indictable misdemeanor, three years 4599 time of defendant's absence no part of limitation 4600 indictment, when found 4601 misdemeanor within justice- jurisdiction, two years 4602 action begun by filing complaint 4603 Liquors see Intoxicating Liquors 1242x1 Literature obscene, penalties 4247x4250 Livery Stable Keeper cities may regulate 206x38 Loan agencies, city control over 206x38 Locomotive omitting to ring bell, etc.. penalty 4291 intoxication i if engineer, penalty 4292 Lots disposing of before platting, penalty 2015 Lumber piling, etc.. city commission may regulate 206x74 Machines usrd for voting, see Elections, subhead "voting machines." Magazine, Powder unlawful to locate near residence, etc 4280x1 Magistrates judges of city court, age 686x13 I N I > 1 \ rO LAWS OF UTAH 1037 Majority >l 1 54 1 attained by marriage 1541 Manufacture city maj regulate 206x56, 57. 69 Maps ties i" be recorded 196 of new towns, filing 2013, 2014 Markets city may regulate 206x42, 45 Mayor deeds by, certain, validated 2007 2010 i ities, subhead "mayor" t.i lay "in townsites, etc _'7nl duties, when breach of peace threatened . .' 4540 by, under townsite act 2712 may perform marriage ceremony 1 lX,x notify board of labor of threatened strike, etc 1330 Measures. Weights and Measures 2730 Meetings disturbing religion-, how punished 1236 ..tlier public 430(1 selling liquors, etc., at camp i>r field meeting, penalty. ... 1242x41 Merchandise license, in cities • 20 Mileage (>sti\ 1 8 nd municipal court- Military 1 jurisdiction Militia mpt from poll I 1T45 Minors j provide for 1 . selling toy pi- ■ nalty ee [038 INDEX TO LAWS OF UTAH Misdemeanors Sec. defined 4063 arrest at night, when 4641 jurisdiction of city court 686x13 limitation of action for 4599 compromise of certain 5062, 5064 Enumeration: officer asking gratuity 4082 buying appointment to office 4084 rescue of prisoner or property 4112. 4113 criminal, refusing to arrest, etc 4138 prisoner, delaying' examination of 4139 arrest under pretense of authority 4140 officer, inhumanity of 4141. 4143 resisting, penalty 4081, 4142 posse, refusing to join 4144 compounding misdemeanor 4145 imprisonment, false 4188. 4189 false imprisonment 4188. 4189 officer, city, malconduct of 219, 223 officer, holding without qualifying 4077 officer, buying appointment to 4084 amusements, noisy, etc., on Sunday 4233 females, hiring to play in sah ion 4243 exhibiting for hire 4244 indecent exposure of pers. in, etc 4247 house of ill fame, etc.. keeping, etc 4251 gaming, cheating, etc . penalty 4261, 4263 gambling, permitting in rented houses 4262 officer failing in duty 4266 lie fouling waters 4274 nuisance, maintaining public 4275-4277 pesthouse, keeping 4278 powder, etc., storage 4280 delivering explosive, etc., for shipment without marking. ,4280x powder house, maintaining near resilience or road 4280x1 explosives to be marked 4280x3-4280x5 selling illuminating oils not standard 4290x doors on public biddings swing outward 4299x refusing to give assessor list of property 4323 toy pistols, selling, etc 4281 drugs, failing to label 4282 1. ici imotn «■ hell, failure to ring 42°1 engineers, etc., intoxication of 4292 INDEX ["O I AWS OF l I' \ll 1039 Misdemeanors Continui Enumeration: train, making up improperly 4293 cposing persons to 4295 railroad employes, violation of duty by 4294 lienor, sale to female in wine room 1242 29 without license I242\l holidays 1242x25 to minors 1242x28 in theatres, etc 4237 near grading camp 1242x41 on election da] s 1242x25 refusing list to assessor, etc 4321. 4323 . license, doing business « ithout 4.124 crating the Sabbath 4233, 4234, 4238 disturbing religious meetings 4236 lawful meetings 4300 the peace, penalty 4310, 431 1 unlawful assembly 4303 4305 rioters refusing to disperse 4306 officer neglecting duty 4307 prize fight, being present at 4.10'' weapons, exhibiting deadly 4312 if certain 5062-5064 rescues 4112 Is, retaking from officer 4113 minor-, permitting in saloon 124 uling water- 4274 bling, dancing, etc., in saloon 1242x28 phys ng false prescription t" evade liquor law. .. .1242x15 employer violating eight-hour law 1337 employing in mine-, etc 1338 employer fail: | for female employe- 1330 pawnbroker failing ti i observe law 1710 Money public it crime 4315 4318 i. in lien of undertaking mission may borrow 206x6 . under false pretenses 206x49 Morals crin ■ 4233 4247 Municipal Corporations 169 313x1 1040 INDEX TO LAWS OF UTAH Mutilation Sec. of public records by officer 4119 by others 4120 Name i if city or town, when given 169 change, of person, city, town, etc 1545 petition for. cause 1545 name proposed 1 545 other requisites 1545 district court, order 1546 notice published, hearing 1546 effect lit' 1547 Negligence claim against city or town for, presentment, bar 312, 313 New Trial In city court : same as in justice's court 686x17 New Year's Day a legal holiday ' 1145 Nitro-Glycerine explosives containing to be marked 4280x3 storage and handling of explosives 4280-4280x4 Nomination see elections 822 Notice of claim 312 Nuisance defilement of water, note 4274 public, defined, maintenance a crime 4275-4277 prevention in cities 206x63. 70 unused railroad tracks in cities 206x, x33 Oath all officers to take Con. art 4. sec. 10 of city officers 216 of bail commissioners 250, 251 Obscene Exposure ■ it' person 4247 INDEX TO LAWS OF UTAH 1041 Obscene Publications Sec. making or exhibiting, penalty 4247-4250 -mcitiL; lewd songs in public 4247 arrest for exhibiting 424X nature summarily determined 4249 h,.w disposed ol 4249. 4250 Offenses. See Felonies, Misdemeanors see the name of the crime Office see the title of the office buying, selling, or influencing appointment to. penalty.... 4084 willful intrusion into, etc 4086 crime works forfeiture of 4066. 4111, 4317 exercising without qualifying 4077 disqualification to hold for certain offense* 4066. 4111. 4317 Officers election, See ele< I bonds See bonds. of corporation* nol eligible to citj office Con art, 12. sec. 17 city, nol to be interested in contract* 222,223 appointment of 214 removal 215 see cities 213-227 peace officer* defined 4609 duties 245. 4539, 4540. 4609 removal of city 215 must give certified copies when 3376 wrongfully exercising functions 4077,4086 limitation of actions against 2X78 2K80 rtifj bonds', warrant*, etc 14(1 149 not to receive fee* in criminal cases 1005 police ma) serve "arrant*, etc 246 inhumanity to prisoners, penalty 4141. 4143 salary may be garnisheed 311.K. 3113x1 intervention to prevent crime 4520. 4521 must arrest rioter* 4544 mand rioters to disperse 4543 ie* from See rescues 4112. 4113 uing prisoners from custody 4112 obstructing, in collecting revenue 1320 in performance of dutie* 4081, 4112. 4142. 4320 ted to prevent 4144. 4521. 4541 1H42 INDEX TO LAWS OF UTAH Officers Coin i iiued refusing to aid in making arrest 4144 to arrest, etc., penalty 4138 resisting, penalty 4081. 4142 retaking goods from custody of 4113 malconduct of city 219 not to purchase warrants 4325 certificates 1031 false personation of 4140 assault by 4143 embezzlement Or falsification of accounts 4315-4319 charging illegal fee> 1029 failing to pay over fines, fees, etc 1027, 4319 failure to transmit books to successor 4088 forfeits office by conviction of crime 4066, 4111, 4317 omission of duty, a misdemeanor 4153 presentation of false claim to 4083 allowing wrongful claim, liability 1030 receiving reward for deputation 4085 making profit of public money, conviction, disqualification 4317 Removal by judicial proceedings: begun by accusation 4689 Official Bonds. See bonds. Oil adulteration of, penalty 4290x Omission or defect in certain recorded instruments, effect 2010 Ordinances cities. See cities, subhead "ordinances" 17S, 205. 206x87. 207 Papers mutilation, etc., by public officer 4087, 4088. 4119. 4315 mutilation, etc., by others 4120 Pardon by maj or 189 Parks cities may lay out 206x8 INDEX rO I AWS I I] U 1 All HM3 Parties Sec. Criminal procedure: liable punishment 4071, 1072 principals and accessories 4073 prosecution in name of the State of Utah 4511 Paving 5, subhead "taxes" 256-282x9 Pawnbrokers required to keep record, inspection 1708 ive information i" peace officer 1708 redemption of articles 1709 failure to observe law, penalty 1710 cities may regulate, etc. 206x38 Peace er, defined 4609 disturbing, punishment 206x49, 43H> persons refusing to disperse 4306. 431 1 exhibiting deadly weapons, penalty 431_' laj offenses, penalties 4233 I : disturbing religious meetings, penalty 4_'3(> lawful meetings 4236, 4300 Hi it" defined, punishment 301, 4302 arrest, etc., of rioters 4306, 1307, 4544. 4545 and unlawful assembly crimi ncrally 43iHl officer t" prevent breach 4520, 4540 n preventing breach 4144. 4521, 4541 Peddlers ind regulate 206x38 Penal Code of misdemeanors See Misdemeanors defined 4iKii •lie-" and "misdemeanors" defined 4062 intent <«r criminal ■lenient of crime 4068 t. how n (lrunkenn for crime Penalty 206x87 limit ■ -S7'> 1029 induct in tion t" hold. K • 6, 4317 1044 INDEX TO LAWS OF UTAH Pending Sec. criminal action, when deemed 4603 Person indecent exposure of 4247 who liable to punishment for crime 4071,4072 name changed, when and how 1545-1547 Personal Property stolen, unclaimed, disposition of 5118 Pesthouses keeping, penalty 4278 Petition ti. extend city limits 287 Petit Larceny jurisdiction, city court 686x13 cities may punish 206x49 Photographers cities may regulate business 206x38 Pioneer Day a legal holiday 1145 Pipes laying in streets 206x13, 14 Place of Trial City court, civil procedure: general jurisdiction 686x10-686x12 change of, grounds for 686x30-686x32 City court, criminal procedure: change of, grounds for 686x30-686x32 Plats laying out, recording, etc 2011-2020 approval and filing 621, 2013 may be vacated or changed 2016-2020 penalty for selling lots before recording 2015 nl' cemeteries to be recorded 632x5 Pleadings In city court: same as in district court 686x15. 686x29 INDEX TO LAW'S OF UTAH 1045 Pledge Sec. -o Pawnbrokers Plumbing cities maj regulate 20 examiners of 209x48 Police citj marshal, duties and powers 245 .'47 may serve process 244x, 24<< may arrest without warrant, when 247 in cities, appointment 214 removal 215 < In t i t- -. and pow ers 245-251 bail commissioners 249-251 ordered t>y mayor to prevent breach of peace 4540 clerk of police, duties a> to property 5123 possess powers of constables 246, 251x5 rtment in cities of over 12,000: created 25 1\ shall consist rid subordinates 251 \1 mayor shall appoint chief 251x3, 251x11 commission, fix number and -alary 251x4 chief may appoint or remove subordinates 251\i> ival <>t' chief 251x" city recorder notify of removal 251x6, 251x7 chief may suspend subordinate 251x8 commission prescribe qualifications and duties 251x9 Poll Tax defined, collection, expenditure 1743 collection by supervisor 1743 ceipt 1743 b> action, when 1743 ipts 1743 issui jful receipt, penalty $322 Poor burial by cit\ , . 206x66 Pool Selling. Gaming 4261 Population maj t.ilo- 206x71 •■,■- by 174, 175 1046 INDEX TO LAWS OF UTAH Posse Sec. refusing to ji mi. penalty 4144 who may assist officers 4521 officer may command assistance 4144, 4541. 4621. 464D Possession adverse, ni.nr against city, etc 2866x Posting of city ordinance before going into effect 205 Poultry cities may restrain From running at large 206x67 Pound cities may establish 206x67 Powder unlawful storage of 4280 storage regulated in cities 206x59 boxes, etc., to be marked 4280x-4280x3 not to be mixed 4280x4 bouses, unlawful to locate near residence, etc .4280x1 Powers of city police and marshal 245 251 of commission. See Cities 206 of officers generally. Sec title of the office. Precinct name of. how changed 1545 Prevention of Crime by officers and others 4144,4520,4521,4541 attendance of police 4539, 4540 suppression of riots 4301-4307, 4541. 4545 Primary Elections See elections 821, 821x-821xl Principals and Accessories in crime, how distinguished 4070.4073 Prison located at Sail lake City Con. art. 19. sec. 3 ciity. control, etc 206x61 escape, penalties 41 IS INDEX TO LAWS OF UTAH 1047 Prisoner. See Defendant. in. iy appear in person or by counsel 4513 counsel, entitled to 4513 . o( 4513 testify in ln> own behalf 1513 not compelled to testify 4515 to be confronted by witnesses 4513 to have compulsory process for witness 4513 i.. have speedy public trial 4513 right to ;i i • i >■ ;t 1 4513 not compelled to advance fees 4514 must be convicted according t" law 4 5 1 f > not t" be subject t.. unnecessary rot mint 4i>M< refusing! ifficer in arresting 4 14-1 I i penalty for delaying examination 4139 to have a receipt for property 5122 if property of 5122. 5123 weapons taken from on arrest 4647 arresting without lawful authority 414n am- ' 163 Prize Fights engaging in, penalty 431 18 • •u Sunday 4233 sped . punishable 430f Procedure city court. S .nrt 686x. 686x36 Process. ■ Summons, Execution, Warrant An t 212 212 246 • 1 by citj justice, service 212. 246 of city court, k d l>y sheriff Proclamation .. thanksgiving 1145 arbor day 114o m holidaj 1242x33 Property qualifical 1048 INDEX TO LAWS OF UTAH Prosecution Sec. in the nam.' of the State of Utah Con. art. 8, sec. 18; 4511 limitation of actions 4597-4603 Prostitution keeping or frequenting house of 4251. 4472 cities may punish 206x40 Protest paying license or taxes under 2684,2685 Provisions sale, inspection 206\43. 44. 45 Publication. Sec Printing. of summons in city o iurt 086x14 of annual city statement 199.231 of rules of city court 686x9 Public Buildings doors of to open • nit ward , 4299x city, erect, etc 206x5,55,61,72 no lien upon except 1399. 1400x Public Money. See Money. Public Nuisance what is, penalties 4275-4277 offense, what may be termed 4278-428(1 Public Offenses See the name of the crime. See Crimes. Felonies, Misdemeanors, Criminal Action. prosecuted by information or indictment, exceptions 4509 prosecuted in the name of the State of Utah 451 1 Public Officers see Officers. State ( (fficers, County Officers, see the title of the office Public Parks cities of the first class may maintain 1713x1 lands, how acquired 1713\2 control vested in board of park commissioners 1713x3 appointment of commissioners, vacancies 1713x4 Id . oath, bond 1713x5 not to be interested in contracts 1713x5 meetings 1713x6 INDEX ["( I LAWS "1 U LA 1 1 1049 Public Parka— Continued majority to constitute quorum 1713x6 organization 1713x7 ers, etc. 1713x7 employment of park-keepers, etc 1713x7 powers of commission 1713x8 exclusive management and control ol parks, etc 1713x8 lusive power to lay "ut. etc 1713x8 to prohibit injurious traffic, etc 1713x8 ■ .nit license i" vend goods on streets and sidewalks. .. .1713x8 powers to expend monej 1713x9 park fund 1713x10 power t" expend park fund 1713x1.0 or personal property may be granted, bequeath, etc. .. 1713x11 such property to be received in trusts 1713x11 rent- and profits to become part of park fund 171A1 1 annual tax levj 1713x12 !>• 'aril to recommend 1713x12 proceeds to go t" park fund 1713x12 parking districts 1713x13 powers of board as to parking districts 1713x13 Special tax for park improvements 171.i\14 ssments, how made 1713x14 lelinquent, when 1713x14 llected and forced 1713x14 iwner may make own improvements 1713x14 ml appro >anl ..1713x14 board -hall -it as board of equalization and review 1713x15 ti aggrieved may appear 1713x1? shall hearing 1713x15 board ma; orrection 1713x15 may recommi emnation of property 1713x16 • Ite I713x 16 lemnation proceedings in name of city 1713x16 n it estimates of funds i .1713x17 1713x18 annual rep »rl 1713x18 1713x18 ursements, etc . . 1713x18 shall show all I rd 1713xlS Public Records 1050 INDEX TO LAWS OF UTAH Public Schools Sec. Taxes: school property exempt from 1933 city, each one district 1934 interest and sinking fund 1936 levy and collection 1936 apportionment to 1935 Public Trial defendant entitled to Con. art. 1, sec. 12; 4513 Public Use property shall not be taken for. without just compensa- tion Con. art. 1. sec. 22 Public Works, Board of See Cities 286 Punishment of public officer, forfeiture of office 4066, 4317 limit under city ordinance 206x87 at labor 1>\ cities 206x51 Qualifications of voters at special election 308 Quarantine See Health 1110 power of h ical bi lards 1 1 111 of cities 206x64 Racing on highways, etc 4296 Railroads Operation: Bell on locomotive, failure to ring, penalty 447.4291 trains, improperly making up, penalty 4293 Mi-c. ll.ini ■ -us: employe intoxicated, penalty 4_" J _' criminal negligence, penalty 4294 in cities, tracks unused, a nuisance 206x, 206x33 consent to use street 206x32 change of grade or location 206x33 fences, crossings, etc., required 206x34 flagmen at crossings 206x35 ttates required 206x1 conductor must take person arrested before magistrate. .4139, 4650 INDEX ro I AWS I »l U I All nisi Real Property .mil 5ubdivisii ns 2011-2020 title not within city court jurisdiction 686x11 2701-2719 idgmenl on 686x 1 9 Receipt for fees paid, liability for failure to givi 1026 surer *liall give 235 tax without (riving, penalty 4322 . taken from arrested 5122 Receiving Stolen Goods if b) law 51 IK 5123 Record and Records rder. - 632x5, deeds record validated 2007-2010 maps, plans, etc., city engineer's '• idgments, of city court, lien 686x19 public, may be inspected or copies 1375 of 5376 public writings, evidence of, etc 3395 judicial, in evidence "trio, prima facie evidence 5389,3395 property, bj p 51_'. ! kept by officer. Sec the title of the ol nrt. the title of the office. rrender, etc 4087, 4088, 4315 naltj 41 19, 4120, 4315 w punished 4119,4120 trument for, penalty U21 41 T' 4121.4315 Recorder 228 23 I Redemption with pawnbroker 1709 Referee 41iU 1 1 1 j 1052 [NDEX TO LAWS OF UTAH Referendum, Initiative and Sec. provisions as to C in. art. 6, sees. 1. -2 Registration See Elections. for municipal election 817. 887-891 Release of sureties, on deposit 3494 Religious meetings, disturbing, penalty 4236 Removal of city officer 215 of director- i if public library 1362 Repairs of street paving. In i\v made 280 Reply in city court 686x15 Report of city officers, to commission 206x84 recorder 230, 231 treasurer 2^7 of city officers, public libraries 1366 Reporter stenographic of city court 728x2-728x4 Rescue from custody 4112 may break open doors to retake after 4656 retaking after 4655 goods from officer, penalty 4113 Reservoir owned by cities 206x18 Residence. See Non-Resident. to vote at municipal election 889 Resignation of nomination for office 834 Resistance to an executive officer 4081. 41 12, 41 13. 4142 INDEX ro I VWS OF UTAH 1053 Restaurants .206x38 Restitution pi rtj 5119, 5120 Retaking property from officer, penalty.. 4113 criminal aftei rescue... 4642 Return irl 686x14 Returns , Municipal . . 891 Revenue ir, in citie U.86 Crimes against: 4315 4317 "public in l< fined • ■ 4318 . etc., misappropriated. 4319 4.i_'il iin- or value of pn ipcrtj dulent receipt for taxes 4322 lusiness without license 4324 takinf for tax or license without . 4.^22 4323 ers prohibited from purchasing warrants 4325 Reward 41 IS J intment by public offic 4085 Riot limit ity for 'lama. 2879 punished : ' 4306, 4.M 1 4.*i >7 15 li 4545 454J 454.! I i 67 1054 INDEX TO LAWS OF UTAH Rout Sec defined, how punished 4303 Rules city court may make '.... 686x9 take effect when 686x9 Salaries of city officers, fixed l>\ ordinance 225 judge 686x6 of public officers and employes, garnishment 3113x, 3113x1 Sale of liquor to minors, insane 1242x28 i" habitual drunkard, penalty 1242x28 on Sunday, penalty 1242x25 to female in wine room 1242x2'J • in hi iliday, when fi irbidden 1242x25 w ithi nit license, penalty 1242x1 i m election day 1242x25 at theater-., etc.. penalty 4237 near grading camp 1242x41 on Sunday-, penalty 4234 of obscene publications, etc., penalty 4247 Saloons i ipen on Sunday, a misdemeanor 4233, 4254 females employed in 4243. 4244 license generally 1242x1 city powers .... - 206x41 permitting minor in, penalty 1242\2S open on election days, a misdemeanor 1242x25 license may be revoked 1242x10 application for license may be refused 1242x5 Salt Lake County boundaries 475 Salt Lake City, county seat. Scales inspection and sealing in cities 206x46 Scrip, City power to issue for local improvements 282x how issued, interest 282x1 redemption 282x2 lien i in property, sale 282x3 INDEX I" I A US OF UTAH Seal of court or public officer 339tf ity court 686x34 form 686x35 . ustodian 686x36 ity engineer -'4-K.< Second-Hand Dealers required to keep records, etc 1708, 1709 lation in cities . ,206x38 Secretary of State dut) i>n organization of city 171 Member •■!' l>"ard>: commission on voting machines Section refers to Salt Lake meridian, when 457 Sentence city court, same a~ in justice's court 686x29 limit, under city ordinance 206x87 Service. See Publication. city court 686x 14 by police officer 244 na. city court 686x2] Sewers - build, repair, regulate 206x13,37,48 connections ordered by commission 271 cities or towns may incur indebtedness for 308 Shade Trees >rk- Sheriff process, from city justice's curt, service 212 from city curt Shipping Short-hand Reporter 728 - I Sidewalks pow ■ • J"". 255. 282x2 1056 INDEX TO LAWS OF UTAH Signs and Banners Sec. cities may regulate- 206x25 Sinking Funds city, for redemptii m i if i>.i\ ing b< mds 260 curbing bonds 263 water bonds 310 may be invested in bonds 2063x19 Skating Rinks cities may regulate 206x38 Slaughterers city may license and regulate 206x69 Smelters cities maj ri gulate 205x38 Songs singing lewd in public 4247 Special Proceedings in city court'- 686x29 Special Tax for local improvements. See Cities 255-281 funds composed of what money 238, 282x4 kept separate 282x5 warrants for local improvements 282x4-282x9 city scrip 282x-282x3 State actions prosecuted in name of 4511 capital located at Salt Lake City Con. art. 19. sei 3 property exempt from taxes 2501 State Fair Association state fair located at Salt Lake City Con. art. 19. sec. 3; 2219 State Prison situated in Salt Lake County; Con art 19, see. 3 2219 Statute of Limitations criminal actions 4597 4603 provisions applicable to city courts 686x29 Statutory Liability action cm. within what time to be brought 287/ INDEX rO LAWS 0] UT \h 1057 S'earr Boilers and Engines Sec. city may inspect, etc 206 cits 206x60 Stenographer City court: judge may employ, when 728x2 compensation, how paid '. 728x3 fee, taxed as o>-t> 728x4 Stipulation to tr\ case before judge pro tempon 6! Stolen Property « lien returned to owner 5118 5120 sal of proceeds 5121 Jit int" court, clerk to keep record of 512.' Street Cars • may regulate 206x38 Streets JdoxS. _'55. _'SJ title t" can no i be acquired by adverse possession 2866x improvement of 255-282 damage to property by changing grade of 282 Subpoena. See Witnesses defined $417 may require I ks and paper- 5417 how issued 34 IS for what purpose issued 3418 ice, how made 341'* y per-.. ii 3419 I'r.mi city court 686x21 allowance for distance Uh ncc lief, .re referee, etc 3372 Summons n city, town, county, etc 2948 in criminal proceedings against corporation 212x1 From city court: 686x14 Sunday gal holiday ... 1 145 42 1058 IXDEX TO LAWS OF UTAH Sunday — Continued Sec. commences and ends when 4240 sale of liquor on, penalty 1242x2.s Tax special. See Public Schools, sub-head "Taxes," and Cities. sub-head "Taxes." Taxation Property liable to taxation: all property to be taxed unless exempted. .Con. art. 13, sec. 2: 25111 Exemptii ins : public lands, churches, cemeteries, ditches, etc Con. art. 13. sec. 3; 2502. 2503 Levy and lien of taxis: See "cities and towns" hereunder. lien city and town taxes 2i i'M municipal special taxes '. 281 State board of equalization: only basis i if taxatii m 2565 Error, illegality, delay, etc.: payment under protest 2684 judgment, repayment 2685 superseded injunction 2686 County auditor's duties: t'> allow cost ■ if collecting tax. when 2<>N4 Cities and towns: assessment and collection generally 2565. 2691. 2694 assessment by county assessor 268" assessor's statement to cities of the first and second class.. 2688 copy of assessment rolls to cities of the third class ami towns 2688 county officers liable on bonds 2692 treasurer's settlement with cities 2693 collection, cities first and second class 2691 cities third class and towns 2693 due and delinquent, when lien 2694 taxes on restriction of limit- 291 on disincorporation 291 for interest on water bonds 510 INDEX T( > LAWS I >l UTAH 1059 Taxation Continued Sec. cities, rate, Fixed, when 254,2689 commission may levy, lien 206x3,253,2689 contingent expenses 253 water supply 253 streets :t 1 1 1 1 sidewalks 253 sewers and drain- 253 lights, telephones, etc 253 towns, rate fixed, when 2689 trustees may levy 2689 remission 2690 collection equalization 2690 • 255 282,2696 purposes 255. 279 notice of intention 273 levy, how made -'5''. -'74. 275 when made 277 total cost in one 276 paving tax 257 special taxes, levy, repaving tax 2*{i notice, delinquency 278 collection 258 street intersections 259 railway- 267.270 proportionate benefits -'>-. 274 error in, t.. avoid if held void new levy made I equalization 2t\? lien 281 -crip issued against 282x 282x3 warrant- gainst 282x4-282x9 I. commission may district for 206x16 held iaj fund 238 'i may t'ix 206x21 206x38.39.41,68.86 money paid into u> 209 street n may levy 2 , ''\X\.25.*.25?<2> i 2 public libraries, in cities <>t' ur-t and second class 1360 auditor to furnish annua! estimate 230 t . . k . 2.^1 1 212 1060 INDEX TO LAWS OF UTAH Taxation — Continued Sec. Poll tax: '•rally 1743 duties of street supervisoi 1743 Telegraph warrant, etc., may be sent by 4651 Thanksgiving Day a legal holiday 1145 Theaters unlawful for female to dance, etc., for hire except in 4244 unlawful on Sundays 4233 vale of liquor at, prohibited 4237 cities may license ' 206x38 Ticket Scalpers cities may regulate 206x38 Time of commencing action See Limitation-, 4597-4603 ti i answer, city ci mrt 686x14 to appeal, civil city court 686x17 en m in a I city court 686x17 fiscal year, city, begins January 1 252 Title defective instruments of record validated 2010 to real estate given by mayor,, etc., validated 2007-2010 Towns. See Citie-. may grant depot sites 313x trustees to call election on issue of bonds, procedure 309 trustee, to dispose of boncjs and lexy tax 310 estrays in, unaffected by state laws 35 name changed, when and how 1545-1547 disincorporation, proceeding, 293-298. 307 damages, claim,, bar 312 presentment of claim, bar 313 bonding for light, heat, etc 308-310 bonds, is, nance to cover floating debt at time of state- hood 1067. 1068 limits, extension 287, 307 re, friction 287, 307 right, not affected by general act 177 election, general 887-891 registration 817. 821 contract, let to lowest bidder after publication 313x1 [NDEX TO LAWS I >l U I All 1061 Towns — Continued s > Change to citj class 175 judicial notice taken . . 176 officers not affected I" 1 ' ordinances not affected 178 Special charters repealed: towns perpetuated 311 officers to continue 311 rights not affected 311 i generally 311 ordinances, effect upon 311 Townsites ering under act oi congress 2703 duty of mayor or judge 2701 occupant, who is, note 2701 conveyance, when mayor is claimant 2709 lands reserved for public uses 2718 lication of proceeds of sales 2719 Toy Pistols selling oi away, a misdemeanor 4281 Tracks railroad, board of commissioners maj order removal. . 206x, 206x33 Tramps vagrancy, city may punish 206x51 Transcript of judgment of citj court 686x19 Treasurer I ties 232-238 Trespass cities may punish . . ,, 2ik>\?_' limitation of action for 2877 Trial City court : ill} 6S Tunnels supervised by cities 206x36 Unclaimed Property in hands of the law 5121 1062 1XDEX TO LAWS OF UTAH Undertaking Sec. deposit instead of 3494 not required of state or public corporation 3495 United States property of. exempt from taxation 2503 jurisdiction ceded to, over Fort Douglas and Duchesne. . .963x3 officers not to receive witness fee, when 11X15 University of Utah located at Salt Lake City Con. art. 10. sec. 4 Unlawful Assembly defined 4304 magistrate failing to disperse 4307 punishment of 4305 remaining at, after warning, penalty 4306 Vacancy forfeiture of office by conviction 102'' by absence, city judge 686x4 Vacating city or town plat 2016. 2019 Vagrants cities may punish 206x51 Validation of defective instruments of record 2007-2010 Value property taxed in proportion to 2501 Venue, Change of city courts 686x30-686x32 Voter bribe, offering unlaw ful 892 Voting Machines see elections 868x-868x-19 Warrant City: power to issue for money borrowed 206 auditor to keep record of outstanding 230 statement published annually 231 treasurer to cancel when paid 232 to turn river monthly 232 INDEX TO LAWS OF UTAH 1063 Warrant — City — Continued Sec pay monej only upon, except 233 must pay in order presented 234 to keep register specifying detail- 237 to report to commission 237 commission shall examine same 237 Miscellaneous purchase by officers unlawful 4.525 and bonds to be certified to be within debt limit 14o 14'» Washington's Birthday a legal holiday 1 14? Waterworks municipality may not ■-ell or lease I on art. 11. sec. 6 may exchange Con. art. 11. 6 cities may constrcut, maintain and control 206x14. 15. 75 jurisdiction "ver 206x15 connections ordered by commission in paving district.. 271 -penal Ia\ for 27'> bonded indebtedness for authorized, Con irl it sei I 308-310 purchase or lease by cities or towns 206x2 eminent domain for 206x2 unlawful purchase or lease 206x3 Weights and Measures inspection and sealing in cities 206x46, 47 powers of cities, etc., not abridged 2730 Witness Criminal procedure: defendant need not testify against himself 451? subpoena issued for witness for defendant, when 1004 to gaming must testify 426S evidence not used against 4265 for defendant at expense of -tate IhiM fees, when subpoenaed for defendant 1004 rs testifying, not entitled to 1005 double, not to be paid 1006 per diem city court ' - Writings Public: citizens may inspect and copy 337? officer- must give certified copy on payment of fee 3376 other official documents proved, how ... . 33X7 entries in official record- prima facie evidence 5389 INDEX TO REVISED ORDINANCES Sec. Abusive Language 996 Accounting of Officers 767. 770 Acts Deemed a Nuisance 209 Adulteration of food 84-103 of milk, etc 91 of oil 186 Agents liability of 5 Alleys unpaved private, nuisance 200 private district 200 ti * l>c kept clean 224 Analysis of city water ■ 223 Animals selling sick 9 leaving on street 9 accidentally killing 10 removal of 10 liability of persons removing 11 selling diseased 12 cruelty to 13. 997 penalty 14 slaughtering of. rules, inspection 150-169 inspection of, rules 150-169 dead, removal 206 rabies, hydrophobia 234 carrying contagious disease 235 killing- or poisoning 998 driving through streets 999 keeping certain within city KIIMl Apples may be sold 1>\ box 178 INDEX TO REVISED ORDINANCES 1065 Arches Sec. permit, bond, etc I ISO Auctioneer 15 license IS bond 15 receipt for k""<1> 16 obstructing streets, etc 17 penalty is Auction House IS Automobile ige, license I definitions 19 location ... 2o permits t>> maintain . . ... 21 application 22 publi 23 garage fire protection 24 ilations 25 Auditor duties : certificatii ids, warrants provisions governing 538 certifying, protection of 539 financial statements, publication 541 transfer bi 542 salary 54.' oath, bond 544 lintment deputies and assistants . 545 tional duties, notes 54<> Awnings m. bond, eti 1 150 Bakeries rule- concernin Bankers Berries :ked in standard cup- 178 . unlawful 17 r > 1066 INDEX TO REVISED ORDINANCES Billiard Table Sec. license 847 Births registration 61 236 Board of Equalization special tax 1158 Board of Estimates and Apportionment 1089-1090 Board of Health created. Sec Health 33 appointments, officers, etc 34 salaries of 35 meetings of 36 duties 37 departments 38 heads of 39 officers, employes, appointments 40 inspectors 41 employes 42 oaths and bonds 43-45 inspectors, police, powers 46 duties and powers 47-70-33-240 quarantine regulations 48-57 right to enter premises 49 contagious diseases 50 rules concerning 51 physicians to report to 52 jurisdiction in schools 58 tuberculosis to be reported 59 records, protection of 60 premises, disinfection of 61 prohibiting occupancy of 62 tuberculosis, carelessness of person having 63 report of recovery of patient 64 physician^ to make statement of 65 infantile paralysis 66 typhoid [ever 67 other contagious diseases 68 duty of undertaker 69 penalty »0 Bone Crushing offensive, a nuisance 202 INDEX TO REVISED ORDINANCES 1067 Boarding House Keeper Sec. license 849 Bowling Alley license ^' Boundaries of City 242 Boxes fruit, not to be used twice 179 Brokers license 878 Bucket Shops and bucketing 24.3 definition 243 witness not excused 244 Building Ordinance access at sidewalks t.. water, gas and electric service 505 to roof in all buildings 465 - in moving picture places 439 in public halls 414 in theatres 414 t.. exits in moving picture places 43") alley, defined 271 alteratii ins, defined 271 anchoring columns 329 anchors and ties 376 apartment houses, defined 27\ if buildings, general provisions 271 lintment 247 arches and lintels 505 area of l"t occupied 523 walls for hydrant protection 333 264, 506 nts 250 r facing, thickness 293 defined 271 matic sprinklers in theatre- 425 liary fire appliances in buildings '. awning-, -hade-, construction balconies and stairways on theatre- 410 barricades t" be erected during construction 511 :ment, defined 271 1068 INDEX TO REVISED ORDINANCES Building Ordinance — Continued Sec. base* for columns 328 bay windows 500 defined 271 in frame buildings 402 belts on buildings, general provision 501 billboards 516 boilers lor pumps, where located 497 bond- 249-264 bond iron in class "C" buildings 386 brick masonry, how made 290 piers 292 walls m class "A" buildings 344 kind to be used 281 bridging in frame buildings 100 building, class "A" 273 T." 274 class "C" 275 mill construction 276 frame or wooden 277 building or structure, defined 271 buildings, classification 272 demolition of 270 building inspector, duties of 252-255 buildings in fire limits 257 cast iron bases, requirements 315 columns 316 oast, iron 314 eilings in class "A" buiRlings 354 in class "B" buildings 365 in class "C" buildings 381 in theatre- 41J cellar, defined 271 cellar ceilings in tenements 532 cement and lime mortar, how made 2^7 cement mortar, how made 286 chimneys of cupolas 474 and flue-, general provisions of construction 466-475 cla-s "A" buildings, special provisions 335-355 "!'•." special p relating to 356-367 "C" buildings, special provisions relating to 368-386 columns, defined 271 '••i-i '""i 316-337 in class "C" buildings 371 INDEX TO REVISED ORDINANCES 1""'' Building Ordinance — Continued communicating opening in exterior division and party walls 449 compensation -'48 concrete, defined 288 construction of balconies and stairways in theatres 41(i ..f class "B" buildings 366 of i iri- ^hut t ii~ 452 cornices, general provisions 501 on class " \" buildings '41 court, defined 271 courts, interior 384 cupola chimneys 474 curtain wall, defined 271 fi ir class "C" buildings 183 dangerous buildings 254 definition i >i terms 271 demolition of buildings 270 iartment of streets 251 gn in general of structural part- of class "B" buildings 358 olumns in class "B" buildings 361 diagram of theatre on program 454 dressing rooms in theatres 419 drying n instruction 4S5 Kings, defined 271 electric service, access at sidewalks 505 electrically heated appliance- 476 elevator enclosures in basements 454 service tor fire department 198 shafts ami hatchways, general provisions 455 45'* enclosures for 454 ■ al provisions 455 45'' - and gearing 455 enclosures at sidewalk for via-, water and electric service.. 50S engineers' stationary ladders 510 exhibition buildings 443 ting parly wall- 3lH> theatre buildings 452 frame lodging house-, hospitals, asylums I in halls, etc 441 in theatre- 412-441 how marked . . 427 im theatres 4no ns, bonds 264 68 1070 INDEX TO REVISED ORDINANCES Building Ordinance — Continued Sec facing for brick walls 294 fees to erect signs 263 to erect billboards 263 for permits 263 fences 515 filler wall, defined 271 fire department detail in theatre 438 to control fire apparatus in theatres 437 doors, construction of 450 escapes, construction of 489 for tenement houses 487-530 general provisions for 487 limits, defined 271 limits 256 buildings in 257 protection in theatres 423 wall defined 271 fireplaces, general provisions 467 lire alarm-, in theatres 435 in other buildings 488 fireproof, defined 271 room for steam boilers or furnaces 478 fireproofing class "C" buildings 385- in class "A" buildings 355 flats, defined 271 floor and roof construction in class "A" buildings 347 covering in class "A" buildings 352 lights 504 slabs in class "B" buildings 360 floors, brick ! 349 reinforced concrete 350 special 351 temporary 512 terra cotta 348 in class "C" buildings 377-389 in mill construction buildings 389 in yards, courts, etc 507 flues, areas for flues, chases and recesses in walls construction 466 fly galleries in theatres 422 footings, defined 271 foundation, defined 271 foundation loads on soils, table 319 INDEX TO REVISED ORDINANCES 107] Building Ordinance — Continued Se< dation walls of frame or wooden buildings 196 foundations, combinations of brick, stone or concrete.... 331 plain concrete 325 of reinforced concrete 326 of steel grillage 323 ol stone 324 on brick work '23 ■ Hi piles i21 On rafts 322 shape of 531 ' foyers in theatres 41.1 frame building, defined 271 frame buildings, bay windows 402 bridging in 400 foundation walls 396 furring in 401 partitions 398 studding 397 walK of 396 frame factories not over two stories high 403 over two stories high 404 frame or wooden buildings, provisions relating to 394-404 framing in frame or wooden buildings 399 inside for null construction buildings 399 frontage of theatre 408 furnace room in building 480 furnace-, how constructed 480 furring in frame it wooden buildings 4(11 gallery fronts in theatres 415 garage, private, defined 271 public, defined 271 IS logs and other appliances 476 >s at sidewalks general height limitations 278 limitation- of area 27'' building ordinance 448-518 provisions relating to certain buildings determined by their use 405-447 restrictions as to use of buildings 280 girders, defined 27 1 and beams in Class "A" buildings 338 grade, defined 271 • I, definition and composition 283 1072 INDEX TO REVISED ORDINANCES Building Ordinance — Continued Sec. gutters, general provision 501 halls, defined 27] and stairways in tenement Louses 526 of public assemblage 44n heating appliances in theatres 429 furnaces, construction 480 height of building, defined -71 and size ol roi ims in tenement house 528 of chimneys and flues _ 475 hose for fire protection in theatres 424 hospital or sanitarium, defined 27] hot air boxes 482 hotel, defined 271 construction 442 increased thickness of walls for buildings of great depth.... 295 inside framing, class "C" buildings 369-388 framing of mill construction buildings 388 stairways in theatres 416 inspector of buildings, defined 2/1 of buildings, appointment, etc 247 of buildings, duties 252 255 of buildings l< i sti >p certain construction 520 inspectors' right to enter buildings 521 interior courts in class "C" buildings 384 walls of theatres 417 ladders to roof, how constructed 465 lights at exits in theatres 427 in theatres 426 lime mortar, kind, and how made 284 limiting distances for metal in ('lass "A" buildings 339 lintels, defined 271 live loads, defined 271 load, defined 2/1 loads 317 lobbies in theatres 413 location of pumps and boilers 493 lodging houses, defined 271 houses, construction 442 lot, defined 271 line, defined 271 mansard roof, defined -71 roofs, shape ami construction 179 masonry, defined 271 materials in class "B" buildings 553 INDEX rO REVISED ORDINANCES 1073 Building Ordinance — Continued Sec. measurements, defined 271 metal frame in class "C" buildings 370 fronts on class "A" building- >4 1 • rooms, construction 509 miscellaneous provisions 519-533 mill construction buildings, provisions relating t" 387 393 wood working 445 moving picture exhibition places, special provisions relal to 439 non-liability of city for damages 2i>_> notice as to heating apparatus I office, creation of 24o building, defined 271 openings in sidewalks, location and construction 5ns ordinary exit- in theatres 412 parapet walls, defined 271 or t'irc walls 101 partition- 397-398 in class "A" buildings 353 in cbss "B" buildings 565 >'" buildings 591 in cl I lildings '73 in mill construction buildings 191 in theatres 415 ays, defined 271 patent chimneys, general provisions I chimneys, inside dimensions 169 fireplaces 470 penalty for violation of provisions of building law- 534 535 pent houses, defined 271 permit for temporary occupancy of a public street 2io 2 permits 25S 262 .... 263 for use of sub-sidewalk -pace 264 -. defined 271 timber ami reinforced concrete • public assembl ige 440 plain concrete walls 502 ■n- .... ble -team or hot water radiator- thai electricity 477 Portland cement, definition and requirements 285 271 1074 INDEX TO REVISED ORDINANCES Building Ordinance — Continued Sec. power woodworking mills, etc 445 property rooms, theatre 430 proscenium wall of theatre 41S pumps and boilers, where located 497 ranges and stoves, construction 481 rear yard 524 recesses in walls, provisions governing 304 registers for furnaces, construction 483 reinforced brick walls in Class "A" buildings 346 concrete 289 construction, defined 271 walls in class "A" buildings ■ 345 walls in class "B" buildings 364 walls and piers 303 reinforcment in clas- "B" building- 359 repairs, defined 271 restrictions as to use of theatre building 431 retaining wall, defined 271 walls 332 roof construction in class "A" buildings 347 covering, general provisions 464 -labs in class "B" buildings 360 roofs in class "C" buildings 378-390 in mill construction buildings 390 mansard 379 -and. standard for 282 sanitarium or hospital, defined 271 scaffolds, permits for 513 safety and construction 514 scuttle- and ladder-, general provision, construction 465 seats in theatres 414 service pipes, how laid in concrete construction 367 shaft, defined 271 sheds, defined 271 sidewalk construction 334 signs 517 skeleton building, defined 271 skylights in frame buildings 463 general provisions 462 smoke flues in partitions 472 smokehouses, construction 444 smokepipes. where prohibited 471 smokestacks, construction 473 INDEX TO REVISED ORDINANCES 1075 Building Ordinance — Continued Sir. ~t a tiU~. construction 447 stables 280 1 16 stage i" 1 < < . > r ^ in theatres 421 ventilation in theatres 42S -taj^iiiv: "ii roofs, temporary 518 stairs, general provisions for in all buildings Z' 1 - 460 obstructions on 461 stairways and halls in tenement houses 526 standard fire door, ci mstructii >n of 45(1 fire shutters, construction of 452 shutters, when required 45 1 standpipes in theatres 423 inside or wet for hose reels I'M location, inspection of 492 493 steam 1" lilers 47') boilers in theatres 429 heating pipes 4X4 steel, cast, standard for 510 mns, dimensions and dead and live loads 312 frame, material to be used in Class "A" buildings .... 336 Meet 109 girders 313 -tore building, defined 271 story, defined 271 -t ml partitions in Class "( " buildings 372 tank- fur water supply t.> wet standpipes 496 floors 512 tenement house, defined 27] 522 house, courts 525 terra ci itta, defined 271 theatre, authorities rij*ht to enter 436 defined 271 definition ami construction 4iM> frontage and courts 408409 er uses of building 411 permit to use for 407 building, restrictions as to us> 431 thickness of foundation wall- of fram iden buildings 396 of wall, defined 27! tie rod- in class "A" buildings 340 timbi 371 1076 [NDEX TO REVISED ORDINANCES Building Ordinance — Continued Sec. timber details in class "C" buildings 375 standard for 307 ton, defined -/ 1 trusses in class "( '" buildings 374 unit loads on masonry 320 stresses 311 veneer, defined 271 walls, defined 2/1 and purs 291 iii class "A" buildings 343 in class "B" buildings 363 in class "C" buildings 382 increasing height of 298 ■ if buildings ii"t in course of construction 299 mi" frame or wooden buildings 395-397 upon steel supports 297-417-418 reduced thickness for interior 296 warehouse defined 271 waterclosets hi tenements, construction and provisions.... 531 water service to have access to sidewalks 505 weight nf materials, table 318 wind bracing in class "A" buildings 342 bracing, class "B" buildings 362 u indows in tenements 529 windows in halls of tenement houses 527 windows in tin .it res 420 v, len building, defined 271 porches 502 woodworking mills, etc 445 workshop in tin aire 430 wrought iron, standard for 308 yard, defined 271 Bunch Goods tn be s,,l,i by count 178 Burial Permits 23S Butter -ale nf. rlc 90 Calf sale of. under age 106 INDEX TO REVISED ORDINANCES 1077 Cattle sale of diseased sanitary keeping of ' 147 Cesspools discontinuance of 230 Cemetery - : ■ • 1 1 547 salary 5-4S ^<-\t"n. oath, bond 54<» burial permits 550 sexton, duties 551 sale of l"t~. certificate, price .->5_' headboards, etc., fences, etc ' 553 title, permit, contagious disease, disinterment 554 555 injury to property 556 burials must be in, i xception 557 dri\ ing in 558 plats to be recorded 559 certificates of burial rivjlu^. etc 560 transcripts of burial rights to be filed 561 Chief Clerk rtmenl streets and public improvements. 1_'J7 Children bom 23'' City Auditor 55', City Cemetery cmetery 547 City Creek unlawful t.i fish in. t" shoot in 563 destruction t" t r. 5>>4 camping, befouling water •■ ■" 56t City Electrician City Engineer 1078 INDEX TO REVISED ORDINANCES City Pound Sec. estray s 61 7-650 poundkeeper, appi lintment 617 salary 618 oath, bond 619 impounding, disposal, duty, etc 620 notice of sale, etc., form of 621 claimants, bill of sale, etc 622 estrays, record of, etc 623 trespassing, damages, etc 624 id, appraisement of damages 625 id, owner to be notified 626 damages not to be recovered when 62/ where owner unknown 628 notice of sale to trespassing animals 629 owner may pay, etc., disputed appraisal 630 sale, bill of sale 631 redemption when 632 owner entitled to residue 633 trespassing animals, record of 634 estray brand 635 unlawful sales 636 retaking animals unlawful 637 suitable premises to be furnished 638 1 ks to be kept 639 bills of damage 640 proceeds of sale '■ 641 advertising bills 642 forage 643 animals at large '"44 detention of animals 645 malicii 'us impounding 646 fees 647 monthly statements 648 keeper to pay over money 649 penalty I i50 City Purchasing agent 651 -656 creation of office 651 appointments 652 oath, bond 653 salary 654 duties 655 IXDKX TO REVISED ORDINANCES 1079 City Recorder Sec. see recorder 657 667 City Treasurer see treasurer 668 685 City Prison i- i t > prisoners 979 983 Clothes Cleaning establishments <>SN <. 1 >S definitions 688 permits 689 application for 690 dry cleaning r n 691 storage of gasoline, benzine, etc 692 t:mk<, installation of 693 pumps 694 pipes 695 handling ol gasoline, benzine 696 regulations 697 duty of chief fire department 698 penalty 699 Claims 686 barred if not presented 687 Coke vendor iiiu^t give ticket of weight 175 Coal vendor must give ticket of weight 175 Commissioners 894 910 p. iwers Combustibles explosives 737-766 Commodities For s;ilc. to be we itched, standard \7X Condemnation of milk • ■ ■ • 88 1(18(1 INDEX TO REVISED ORDINANCES Containers Sec. unlawful to use. etc 226 Contagion animal- carrying 235 Contagious Diseases quarantine 48-57 diseases 50 rules concerning 51 Cows keeping 87 Construction of Ordinances rules 3 Crates not to be used twice 179 Crime essentials of 6 Dairy and Milk Inspection 84-100 -coring 91 inspection of 91 Damages claims for 686-687 Dancing academy, defined 987 see Public Dance Hall Deaths registrati< in of 237 Definitions 3 Defraud intent to 4 Departmental segregation 700. 706 effective until 706 Department public affairs, finance 702-894 public safety 701, 894 streets and public improvement 703-894 water supply, waterworks 704-894 parks and public property 705-894 street- and public improvements, chief clerk 1227 INDEX TO REVISED ORDINANCES 1081 Sec. 1 Msinfection, etc 57 Division of dairy and milk iii~iHTtii.ii 38, 39, 84, 100 of weights and measures 38, 39, 172. 185 of oil inspection 58, 39, 186, 192 of health 38 of bacteriology 38-39 sanitarj inspection 38 39 meat and food inspection 38-39 chemistry 58 39 Dirt waste, rags, etc 201 Ditches befouling prohibited 73 Division of -;i unary inspection 71-83 Dogs rrui~tr.iti.in. annual tax owners t" provide collars 708 impounding, redemption 709 cruelty to, etc 710 female in heat 711 prohibited in places <'t' worship 712 unlawful t.' Ic< 713 killing, registered, etc 714 barking dogs, etc 715 penalty : "In Drain unclean, to keep, unlaw fill 197 Drinking Cups 218 Dust prevention of, swe< . . 228 Effect ■ >f ii" ' 2 when ordinances take 8 1082 INDEX TO REVISED ORDINANCES Electrician Sec. city, creation of office 568-587 appointment, salary 569 oath, bond 570 assistants 571 duties 572 inspection 573 certificate of 574 temporary 575 unlawful installation 576 use of disconnected wiring prohibited 577 permits 578 in-tailing without 579 application for 580 fees 581 installation, rules governing 582 notice, inspection 583 rights, etc 584 no liability of city 585 penalty 586 continued offenses 587 Employment Agency employers register 727 applicants register 728 written copy furnished 729 dividing fees, penalty 730 not to be kept where liquor sold 731 giving false information 732 -nits against, how brought 733 does not apply to religii >us agencies 734 ordinance to be conspicuously posted 735 penalty : 736 Employers liability of 5 Employment offices 717-729 agent defined, license 717 license, amount 718 application 719 annual license bond 720 license to be exposed 721 penalty sending female-, etc 722 INDEX rO REVISED ORDINANCES Employment — Continued Sec. order for help bona fide, etc 723 unlawful to receive money, when "-'4 » hen applicant fails, etc 725 commissions limited "-'> Engineer 588 creation of offices, appointments 588 salaries 589 oath, bonds 590 duties 591 field notes, maps, profiles 592 street lint- 593 street grades, establishing 594 595-596 test of additions 597 filing of plats 598-599 street names 600 additions, resurvey of 601 ■ hi l>y section, corner, when 602 standard of measure 603 instrument, how adjusted 604 to be adjusted 605 custodian of monuments 606 monuments, protection of 607 interfering with 608 employes, compensation 609 nee or disability of 610 ■ record 611 supplies, records, files, etc 612 must not record until, etc 613 seal -.14 rds not \" conflict 615 Estrays pound 61". 1 1?! Explosives. Combustibles 737. 766 magazines, erection of 737 permit t" sell, record of 738 gunpowder in stores 739 kept in stores, cars el 740 giant "T hercules powder caps 741 loline, definition- 74.' permit- 74.! 1084 INDEX TO REVISED ORDINAXCES Explosives, Combustibles — Continued Sec. gasoline, flash test, quantity 744-750 gasoline flash lest 745 storage tanks, location of 746 oils in transit 747 oil wagons, keeping 748 fuel petroleum, etc.. tanks 749 flash test for oil 750 oil-, liquids, containers 751 duties chief fire department 752 adulterating Mil-, 753 manufacture of explosive chemicals 754 storage of 755. 802 place of storage of 756 kindling fires with 757 carrying fire to lie covered 758 chimneys to be cleaned 759 unlawful to store, etc 760 haystacks t.i he protected from fire 761 movable light near, etc 762 pitch, tar. resin, boiling 763 burning in open air. hay, etc 764 applications for permits, etc 765 Fees of sealer of weights ami measures 181 unlawful to refuse to pay 184 accounting officers 767, 770 to be paid into treasury 768 sworn statement, penalty 7d8 failure to comply, penalty 768 Fire Arms sale to minors 773 Fire department, organization 776 chief, oath, bond 777 men must be able bodied 778 chief, duties 698, 7S2. 779 may demolish building, when 780 blockade streets, when 781 io have right of way 782 unlawful to interfere with 7X3. 786 mi men at theatres 784 INDEX TO REVISED ORDINANCES 1085 Fire Department — Continued Sec. i ules, chief to presci ibe 785 rds i" be kept 787 appointment of subordinates 788 ..il of chief 789 suspi subordinates 790 compensation, etc 792 limits districts Nos. 1 and 2 791 department, penalty 793 lial. office created ; 794 deputies 795 duties 796 rij^lit l" enter premises 797 deposit of ashes 798 deposit or removal of waste 799 receptacle for waste, etc 800 combustibles on roofs, yards 801 : explosives 80-', 755 dangerous structures, duty as to 803 unoccupied buildings 804 to burn refuse 762, 805 penalty for violation 806 kindling with ci imbustibles 757 carrying of, etc "58 within fire districts 805 Fish tmw 109 Flies 214 Food 1 1 >4 84. 17i> unwholesome sale of prohibited 104. 134. 135, 136 f unwholi 105 nimal under age 106 132 putrid meat, fish, etc 133 207 :n- 227 1 i '7 63 1086 [NDEX TO REVISED ORDIXAXCES Forfeiture Sec. of franchise • 810 Franchises special privileges 807. 810 application for copies, fees 807 non-assignable 808 manner of assignment 809 forfeiture of 810 Fruit to be sold by count, exception-- 178 Gambling gaming prohibited 81 1-820 unlawful to keep, play at, i iperate, etc 812 unlawful to wager, etc 813 to keep or maintain house 814 pool rooms, etc.. to keep, etc 815 slot machines, to keep, etc 816 slot machines, clock, tape, etc 817 mechanical i >r other contrivance, etc 818 incriminating testimony, no excuse 819 penalty for violation 820 Gasoline storage of 26. 742-760 handling of 27 tanks, construction of 28 installation of 29 pumps 30 duties of chief < >f fire department 31 penalty 32 Garbage Sec. districts 72 refuse, care and collection 73 mixture prohibited 74 ti i be removed 78 permits for hauling 80 spilling prohibited 52 hours of collection, hauling 82 penalty 83 receptacle, to keep unclean, unlawful 197 INDEX TO REVISED ORDINANCES 1087 Glue Sec. making, offensive, a nuisance 202 Government 894, oio Gunpowder 740. 74 1 Gutters luling prohibited 75 Health commissioner, powers and duties 33-241 commissioner, powers and duties 85-213 bate nuisances 210 laws, miscellaneous 218-240 board of 53 24 1 established 33 appointment-, officers, members 34 salaries 35 meetings 36 duties 37 departments 38 heads of 39 lintments 40 inspectors 41 employes 42 oaths, bonds 43. 44. 45 e powers 46 duties, powers 47 quarantine, et< 4S ri«ht to enter premises 4*> 50 physicians to report 52 rules concerning 51. 53, 67, 68 quarantine regulations 53. 56. 67, 68 disinfection typhoid t< 57 58 tithe- • led 5') 60 61 occupancy of prohibited 62 1088 INDEX TO REVISED ORDINANCES Health — Continued Sec. carelessness prohibited 63 reporting recovery 64 statement of physicians 65 infantile paralysis 66 typhoid fever, quarantine of 67 contagious diseases, quarantine of 68 duty of undertakers 69 Hotels must keep register 1054 rules concerning 93 Hotel runner.-.' license 862 Humane Officer office created 821 appointment, salary 822 oath, bond 823 powers, duties 824 Hydrophobia animals, etc 234 Ice Cream standard of 92 Ice application to sell 112 -tandard for domestic u-e 113 sale of. permit 114 inspection of 115 impure for cooling 116 to be weighed 174 wagons ti i ha\ e scales 174 Intoxicating Liquor business district 825" license, amounts 826 Intent to defraud 4 INDEX TO REVISED ORI ' ES 1089 Inspector Sec. dairy and milk 39. 84. 100 Inspectors powers, duties 85 Inspection of dairies, milk 84-100 of meat and food products 84-170 samples to be marked and sealed 86 of meat, rules, etc 117-170 Inspector of weights and measures, duties 171 Irrigation water 1230-1238 see streets and irrigation 1225-1239 Junk dealer, defined 1093 dealing with minors 1094 record, what to contain, etc 1095 license 887 Lamb uidcr age 106 Language abusive 996 Law department, officers 830 duties 831 city attorney, duties 832 ■tuts, duties 833 records, dockets 834 reports, settlements 835 salaries 836 •ids 837 838 Liability of employers, etc 5 1090 INDEX TO REVISED ORDINANCES Licenses Sec. transacting business without 839 city auditor cx-officio assessor 840 department appointment, duties 840 applications, bill, payment 841-848 who authorized to receive collection 841 certificate, contents, posting 842 to be exhibited to officers 842 assignment of 842 half yearly 843 auctioneers 15, 844 banker, broker, see merchant 845. 866 assayer 887 automobile garage 846 bill poster 887 billiard, pool, bowling alleys 847 id. application, amount 848 boarding house keeper 849 circus, menagerie, etc 850 civil actions to collect 851 collection agencies 852 contracting electrician 853 dance halls, dancing academies 984 distributor of advertising matter 887 dog and pony shows 854 drain layers 855 electric clocks, tickers, etc 856 electric meters 857 employment offices 720 equalization board 889 exhibiting apparatus 887 freaks of nature 887 machines 887 natural curiosities 887 exhibitions, test of skill, etc 887 feed and boarding stables 887 fortune telling 859 fresh meat dealers, slaughterers 860 hotels 849,' 861. 874 hotel runner, solicitor 862 junk dealers 887 laundry 886 liquors, intoxicating 825 ellan eous 887 INDEX TO Kl \ [SI D I >RDIN \\i I 1091 Licenses — Continued Sic. liver} stables 865 merchandise brokers 887 merchants, bankers, etc 866 messenger service 870 milk dealers 867 rcycles 868, 1279 pawnbrokers 869. 931 package delivery 870 peddlers, hawkers 871 photographers plumbers 872 plumbers' bonds, amount 873 public dance halls 984 ents 887 turants 874 ling houses, hotels, <-tc 861 salary loan agencies 87S 876 md hand dealers 887 lleries 887 ^katinvr rink 887 slack rope performers, sleight of hand, etc 887 slot vending machines • v ~~ ■ t. >r~ wr art 887 878 street oar advertising 883 rts 879 telepl 880 amount, etc 881 882 ert halls, etc 884 trani statement, penalty 768 failure to comply, penalty 769 elective 895. 909 appointive 907, 910 < lath, bonds 917 additional bonds 918 Office Oil vacancies in 1302-1303 inspection of 186 test of 186. 753 standard of illuminating 186 measures 186 adulteration unlawful 186, 753 unlawful to sell, exceptions 186 inspector, duties, tests 187 fees 188 nol to trade in oils 189 below standard unlawful to sell 190 and liquids in transit 747 wagons, keeping 748 fuel 74" containers 751 IN'DI \ rO REVISED ORDIN \M "l-.S 109S Ordinances repeal of .. .. 1 take effect when 8 rule for construction of 3 penalty for violation 7 Parks and public grounds 919 Pawnbrokers defined ''-'1 ordinance to be posted ''-'-' right to redeem forfeited articles 923 shall keep descriptive book 924 report to chief "i" police 92S dealing with drunkards and thieves 926 employes . 927 928 liability of principal 929 license, bond 869, 931 Peddlers mu~t ha'. ted. 177 Penalty tion of ordinance^ .... 7 employers and agents .. ... 5 Permits burial 238 emptying vaults, etc. 79 hauling garbage 80 Pig li id Plumbing irtment officers 933 lintment, 934 oath, bond 935 dull. ■ r water 937 ■ 940, 1344. 1358 1096 INDEX TO REVISED ORDINANCES Plumbing — Continued Sec. settling boxes 943 exhaust steam engines 944 drain layers 945 plumbers, license, bond 946 . 1 1 1 1 • iunt, bond 947 permit for excavation 948 Police department 950, 971 organization 950 chief, removal 951 subordinates, appointment, removal 952 officers, appointment, special duties 953 transfers 954 control 955 rules, regulations 956 special appointment 957 ranking officers 958 iih united 959 salaries 960 gifts, acceptance, penalty 961 chief, duties 962 search and seizure 963 additional duties, city prison 979, 982 powers, duties 964 arrests 965 chief, oath, bonds 966 ranking officers, oaths, bonds 967 bail commissioners, appointment 969 id. receipt for money 970 id. oath, bond 971 Poll Tax who liable to pay amount 972 list of taxpayer- 973 notice to pay 974 delinquent collection 975 money to be paid treasurer 976 how expended 977 annual report to board 978 Pools swimming, etc 233 INDEX TO KKYISED ORDINANi I Pool table license Poundkeeper 617, 6S0 Powder t, gun, rt< ,74 Privies and --iiik>. ■>« ner I 225 discontinuance il J.'i> Pren 231 Proprietary distributioi 229 Prisoners and city prison .. <0 dntj of chief of police 979-982 discipline, rules maintenam i 981 nee, etc. 982 983 Parks public pr Publication 8 Public ■ 984 n, hearing "WJ6 hour- of dancii -■ 988 mini ption 990 991 ■ 1098 IXDEX TO REVISED ORDIXAXCES Sec. Public works 1064, 591 racts, what to contain 1056 ■ fications, advertisements 1067 citizens, preference 1065 PUBLIC OFFENCES Abusive Language 996 Account officers to 767-771 1 Actions in corporate name 20S Agency empli lyment 7 1 ~-73f > Agents liability of 5 Alleys vling 1006 to be kept clean 224 Animals abandoning 9 docking tails of 9 leaving on street 9 accidental killing of 10 renin al of 10-11 selling diseased 12 cruelty to 9-13-997 malicious impounding 646 retaking unlawfully 637 killing, poisoning 998 sheep, driving through streets 999 keeping certain, within city 1000 rabies, etc 234 domestic, contagion by 235 Assault led 1001 INDEX TO REVISED ORDINANCES 1099 PUBLII I ontinued Auditor i" transfer books 542 Auctioneers tructing street, etc 17 .... 15 .... Hi Automobile Garage 21-32 Barbed Wire Fence 1002 Bathing 1 003 Battery 1004 Bawdy House 1005 Befouling Bills 1049 Billiard. Pool Tables Iihi; 1008 Births Bonfires 1009 Bucket Shops ■ I Burial Permits Carrying Concealed Weapons 1013 Chimneys Cheats. Swindlers Inj] 1100 INDEX TO REVISED ORDINANCES PUBLIC OFFENSES— Continued City Creek Canyon Sec. unlawful to t" i — ■ 1 1 in 563 to shoot birds, etc 563 destruction of trees 564 camping in, etc 565 automobiles in 566 City Electrician permits, etc 578-579-580 use of wiring, etc 577 continuous offenses 587 City Cemetery permits, etc 550 554 burying, etc 554 injury to 556 fast riding, etc 55S City Engineer protection of monuments 607 interfering with 608 must not record, etc 613 City Pound unlawful sale, etc 636 retaking animals 637 detention of animals o45 malicious impounding 646 City Prisoners furnishing articles, etc 1050 Clothes Cleaning Establishments permit, etc 689 application for 690 storage < f gasoline 692 Coasting on streets, etc 1012 Combustibles kindling fires, etc 757 unlawful to store 760 Concealed Weapons " 1013 Containers use of, etc 226 INDEX TO REVISED ORDINANCES 1101 PUBLIC OFEENSES— Continued Contagious Diseases Sec. rt of 50-51-52 Crossings I"? 1 ' Cruelty to animals 9 Deaths registration "i 237 Destroying Property 1015 Discharge of firearms 758. 771. 1016 1022 of air-guns lOli Disorderly Houses defined 1005-1018 1043 1005 1018 persi iii defined Discontinuance irivy vaults, etc 230 Distribution of medicines 229 Disturbance 1022 at public places 1020 at n meetings 1021 Dogs collar 708 impounding 709 bited 710 female in heat 711 1 in places, etc 71J 7 1 .1 killr red 714 bar! 715 Drinking Cups Driving reckli -■ 70 1102 _ 228 - 1026 • 72 ' - 5 : a - INDEX TO REVISED ORDINANCES 1103 PUBLIC OFFENSES— Continued Fire Department Sec. interference with 7N.? interference with apparatus 7K(> Firearms mini 771 772 min 77.' Fires kimlliiiK with combustibles 757 carrj xception 758 limit*, smoking meat, etc 763 burning li . prohibited - . . ■ 764 deposit of ashes 798 if combustibles 799 802 805 Fcod Products rn 227 Fowls 1 030 Fruit Containers 226 Gambling SI 1 S 1 2 unlaw inl to wage i ... 813 to maintain housi SU t" k- 815 816 s I 7 818 Games 1 142 Garbage 73-74-78-7 Goods Gutters 75 1104 IXDEX TO REVISED ORDINANCES PUBLIC OFFENSES— Continued Haystack Sec. within fifty feet 761 movable light near 762 Horses docking tails of 9 Hotel registers to be kept 1054 runners 1032 Ice rules concerning 112-116 111 Fame house of 1005-1018 nuisance 1041-1042 Intent to defraud 4 Interfering with officer 1033 Labor hours 1034 citizens preference 1034 Liability of agents, etc 5 for injury to minors 774 Library public, destroying property of 1052 License unlawful to transact business without 839 Literature obscene 1044 Loafing on sidewalks 1145 Lodging House registers, etc 1054 Manure accumulate m of, etc 76 INDEX TO REVISED ORDINANCES 1105 PUBLIC OFFENSES— Continued Meat Inspection Sec. rules concerning 101-170 Milk rules concerning 84-99 adulteration of 91 Minors unlawful to sell firearms to 773 to have firearms 771 liability for injury t.. 774 enticing from parents 1035 sale of tobacco to 1036 purchasing, etc., tobacco 1037 treets, hours 1038 rderly conduct 1039 guns, possession of, etc 771 mischievous conduct 1040 Money ■ obtaining, false pretenses 1045 Natatorium rules concerning 233 Night Soil burial i if, etc 77 Notice to Abate 212 Nuisance bone crushing, glue, etc 202 soap, candle, oil. etc 203 offensive liquids 204 brewery, tannery, etc 205 dead animals, etc 206 unsound food, etc 207 putr 208 acts and omissions deemed 209 author of, defined 21 1 notice to abate 21 J flies, manure, etc 214 dirt, waste, rags, etc 201 defined, enuirn 192-1041-3 house ill fame 1041-1042 disorderly house 1043 1106 INDEX TO REVISED ORDINANCES PUBLIC OFFENSES— Continued Nuisance — Continued Sec. keeping liquor, etc 1042 barbed wire fence 1002 complaints of 194 privy vault-, cesspi iols 195 slaughter houses, etc 19<> unclean drain-, etc 197 refuse, accumulation 01 198 manure, etc 199 unpaved alle\'s. etc 200 smoke, etc 215 Obscene literature 1044 Obstetrics midwifery, etc 232 Obtaining Money false pretenses 1045 Officer to account 767 interfering with 1033 perse mating, etc 104! Oils in transit 747 wagon-, keeping 748 adulterating 753 inspection of 186-18/ Opium Dens 1046 Parks public grounds 919 offenses within 919 Pawnbrokers license 931 ordinance posted 922 right to redeem article- 923 descriptive book 9_4 re.pi it ti i chief 925 drunkard-, minors, etc "-" employes 927 In iur prescribed 9-8 INDEX T< ' REVISED i >RDIN \M LiS 1107 PUBLIC OFFENSES— Continued Penalty for \ ii ilatii m t Personating officer . 11 Persons derlj * 1019 Petit Larceny defined, offense 1048 Platforms fi *r food pr. iducts _'_'/ Plumbing rules, regulations 940-1344 135S Police 1047 interfering with, etc 1033 Pool s, etc 1006 s unlawful, etc - v l 5 Posting Bills withoul permission ln-49 Premises i-;iri' i J.'\ Prisoners furni to Privies furnished, 1 ms 1192 permit-, etc., bonds, etc 1193 failure to replace 1194 excavations t.> be guarded 1195 permit t.. occupy, bond, etc 1196 fence and walk, etc 1197 piling or mixing mortar : ll'i.x deposit of matter, etc distribution of advertisements 1200 burning of rubbish on 1201 may burn, etc . when 1203 lunch cars, etc., on IJi*4 1205 ertising by float on be bitched 1209 12lii 1 21 1 numb 1212 1213 1214 I |215 1116 INDEX TO REVISED ORDINANCES Streets — Continued Sec. paving districts 1216-1219 freight wagons prohibited on 1220 riding bicycles i in, etc 1221 speed on 1222 bicycles, lights, gongs, etc 1223 certain vehicle- prohibited 1306 • Hid irrigation, supervisor of 1225-1239 creation of office 1225 appointment, salary, oath, bond 1226 supervisor of, duties 1228-1229 and public improvements, chief clerk, salary, bond, etc 1227 he.ulgates, ditches 1230 damage, to guard against 1231 rights of way along ditches 1232 surplus water 1233 wrongful diversion 1234 apportionment, appeal from 1235 public water ditches, defined 1236 ditches may be crossed, where 1237 bridges and flumes, etc 1238 traffic and travel on 1240-1287 definition of word-., etc 1240 keep to right 1241 overtaking vehicles 1242 heavily loaded vehicle, etc 1243 parked, viaduct 1244 turning into 1245 intersection, drive where 1246 not to be crossed : 1247 not stop with left side, etc 124S except 1249 procession on 1250 signal rear vehicle 1251 when turning 1252 backing 1253 passing vehicle 1254 signal nil vehicle 1255 brakes on vehicle • 1256 machinery t" In- silent 1257 unnecessary smoke, etc 1258 noiseless vehicles 1259 danger lights on 1260 right of way on 1261 INDEX T< > Rl VISED I IRDIN \M I S 1117 Streets — Continued 5< right of way, when [262 vehicles side bj side 1263 not to be obstructed 12iv4 \ elude- taking on, etc. 126S pull to right when 1266 ten feet from street cars 1267 speed regulations 1268 ■i-il vehicles 1269 kades, etc 127(1 to make noise 1271 who may drive 1272 ruling without permit 1273 i-tirb position, etc 127; obstruction of, etc 1275 ers' commands l.'7'i placing tacks, etc., "ii 1277 dents, etc 1278 license, motorcycle 1279 use by motorcycles 1280 motorcycle, mufflers on . , 1281 numbers on vehicles 1282 badges of chauffeurs 1283 employers t" keep record 1284 intoxication of driver 12S5 hydrant- standing near . 1286 permit to stand on 1287 unpaved, poles on 1290 ■ ii 1290 permit- for erection of on 1290 inter lies on 1294 ter of ... 1 295 fit Of « ire- .•!! number 1298 Supervisor . .972, 978 Swine ".mvholesome food 108 Sweeping Sidewalks 228 Swimming Pools 233 71 1118 INDEX TO REVISED ORDINANCES Telegraph, Telephone Sec. wire* and pule- 1289-1301 erecti f 1289 poles in unpaved streets 1290-1291 applications 1292 permits not granted, when 1293 at intersections 1294 center of streets 1295 finish of 1296 height of wires 1297 wire- on limited 1298 fire alarm, police, etc 1299 not t" be removed, etc 1300 Traffic and travel on streets 1240-1287 Treasurer office appointive 668 oath, bond 669 salary 670 sinking fund- 671 dutie- generallj 672 warrants, etc., payment- 673 warrant- paid in order 674 receipts 675 public money to be kept separate 676 repi irts registrj < if warrants 677 special funds 678 duties 679 collect >r of special taxes 680 all money to be paid into treasury 681 appointment- deputies, clerk-, etc 682 deputy, i lath, bond 683 delivery of property to successor 684 penalty 685 Unpaved private alley- nuisance .. 200 Unwholesome Food -ale of, etc ' 104-105 animal under age '06 Vacancies in office 1302-1303 INDEX TO REVISED I IRDIN \\( 1 - 1119 Vaults mtinuance of 230 permits for emptying, etc T'> Veterinary Inspector chief 39, 101 powers and duties 101-170 Vehicles streets, traffic and travel on 1240-1287 driving public without license 1304 to stand apart 1305 certain excluded 1306 to have flat tires 1307 loading of 1308 weight of load 1309 ier tired 1310 weight to be marked 1311 driver t" remain, etc 1312 fraud prohibited 1313 shall not enter depots 1314 collision, etc 1315 driver, disorderly conduct 1316 lighted lamps at night 1317 of fare 1318 to be posted 1319 harging 1320 may demand fare, etc 1321 refusing to convey, etc 1322 shall give number and name 1323 refusing to pay fare 1 324 1325 Wagons mar- i nger 81 marking milk . 94 174 Wards municipal . . .91 1-016 Washing r drinking fountain 219 Water anal-. ill. 193, 1384 1120 INDEX TO REVISED ORDINANCES Water— Continued Sec. condemnation of 221 supply and waterworks 894, 1327, 1396 offices 132/ appointments, salaries 1328 oath, bond 1329 employes, appointment, etc 1330 <1 ut i t- ~ superintendent 1331 application for 1332 notice of discontinuance 1333 service pipe, curb box, etc 1334 sen ice pipes 1335 quality of pipe, permit 1336 fire hydrants, etc 1337 fire hydrant wrenches 1338 rules 1339-1340 city may shut off, etc 1341 taker only to use 1342 pipes in good repair 1343 plumbing permit, report 1344 rules concerning 1344-1358 fixtures used 1359 fire pr.itectir.n 1360 waste prohibited 1361 use without payment, etc 1362 turning on, etc 1363 fountains 1364 sprinklers for lawns 1365 sprinkling districts 1366 metered service 1367 time for sprinkling 1368 mayor's proclamation 1369 steam boilers tu be filled, etc 1370 superintendent, free access 1371 taking from ditch, etc 1372 annual assessments 1373 assessment rolls 1374 notice to water takers, etc. 1375 rates payabl. m advance 1376 enumerated 1376 fixed by commissioner 1377 meter rates 1378 meters in factories, etc 1379 not supplied to motors 1380 INDEX n ' REVISED I iRDIN kNCES 1121 Water — Continued sworn statement, etc 1381 rate--, ii" alteration in 1382 analysis of city 1383 mling water 1384-1385 1386 interference with officers 1387 main extensions, etc 1388 mams extended, how 1389 1390 1391-1392-1393 plats not supplied t.> 1394 private pipe 1395 ims of city 223 - and ditches 1230 damage to guard against 1231 right of way along ditches 1232 surplus 1233 wrongful diversion 1234 irtionment, appeal from 1235 public ditches defined 1236 ditches may be crossed where 1237 bridges, flumes, etc 1238 Weights, measures, sealing 172 sealer, duties 171 lemning 173 Weighers ive ticket of weight 175 Weighing instruments to he reported 176 Weights peddlers, hawkers 177 measures, standard of 178 immodity sold must be marked on container 178 to be marked ... 180 unlaw fid to sell short .... 185 ...181-184 Weighing ■ uments i 185 Wells ana!;. Itei 22] n 222 1122 INDEX TO REVISED ORDINANCES Works Sec. public, how constituted 1064 citizens' preference 1065 contracts, what to contain 1066 specifications, advertisements 1067 Yards to be kept clean 201 UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of fOcpffl rolnme after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not "n demand may „■ renewed if application is made before expiration of loan period. ueiore SEP 27 1940 YD &7 29?lb4 j5 - UNIVERSITY OF CALIFORNIA LIBRARY