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REVISED 
 ORDINANCES 
 
 OF 
 
 Town of Ophir, 
 
 II 
 
 UTAH 
 
 1917 
 
 REVISED, COMPILED AND ARRANGED BY L. L. 
 BAKER, PURSUANT TO A RESOLUTION OF THE BOARD 
 OF TRUSTEES OF THE TOWN OF OPHIR, AND PUB- 
 LISHED BY AUTHORITY OF A RESOLUTION OF THE 
 BOARD OF TRUSTEES PASSED OCTOBER, 1917. 
 
F 
 
 X& ORDINANCE 
 
 REVISING AND COMPILING THE ORDINANCES 
 OF THE TOWN OF OPHIR, UTAH. 
 
 Be it ordained by the Board of Trustees of the Town of 
 Ophir, Utah: 
 
 CHAPTER ONE 
 
 Section 1. Known as Revised Ordinances. That all 
 ordinances of a general nature now in force in the Town of 
 Ophir, Utah, as revised, compiled and hereinafter set forth 
 in this ordinance containing thirteen chapters, and num- 
 bered consecutively in sections from one to one hundred and 
 forty three, inclusive, be and are hereby adopted, passed, 
 published and declared to be the revised ordinances of the 
 Town of Ophir, Utah, and shall be known, designated and 
 referred to as "The Revised Ordinances of Ophir, Utah." 
 
 Sec. 2. Repeal of existing ordinances. The ordinances 
 contained in this chapter and the chapters following, in so 
 far as their provisions are the same in effect as those of 
 previously existing ordinances, shall be construed as con- 
 tinuations thereof; but subject to the above limitations and 
 the provisions of the next section, all ordinances and reso- 
 lutions of the Town of Ophir heretofore in force (except 
 such as are of a private, local or temporary nature, including 
 franchises, grants, dedications and special levies for local 
 assessments), are hereby repealed. 
 
 Sec. 3. Effect of repealing ordinance. The repeal of 
 the ordinances as provided in section two shall not revive 
 the ordinances previously repealed nor affect any right 
 which has accrued, any duty imposed, any penalty incurred, 
 nor any action or proceeding commenced under or by virtue 
 of the ordinance repealed nor the tenure of office of any 
 person holding office at the time when they take effect ; nor 
 shall the repeal of any ordinance hereby have the effect 
 
BANCROFT 
 LIBRARY 3 
 
 of reviving any ordinance theretofore repealed or super- 
 seded. 
 
 Sec. 4. Rules for construction of ordinances and amend- 
 ments. On the construction of the Revised Ordinances and 
 all ordinances amendatory thereof the following rules shall 
 be observed unless such construction would be inconsisent 
 with the manifest intent of the board of trustees or repug- 
 nant to the context of the ordinance. 
 
 The singular number includes the plural. 
 
 Words used in the present tense include the future. 
 
 Words used in the masculine gender, comprehend, as 
 well, the feminine and neuter. 
 
 The word "person" includes bodies politic and corpor- 
 ate, partnerships, associations and companies. 
 
 The word "writing" includes printing, writing and 
 typewriting. 
 
 The word "street" includes alleys, lanes, courts, boule- 
 vards, public ways, public squares, public places, and side- 
 walks. 
 
 The word "owner" applied to a building or land shall 
 include any part owner, joint owner, tenant in common, joint 
 tenant or lessee of the whole or of any part of such build- 
 ing or land. 
 
 The word "tenant" or "occupant" applied to a building 
 or land shall include any person who occupies the whole or 
 any part of such building or land either alone or with others. 
 
 Words prohibiting anything being done, except in ac- 
 CDrdance with a license or permit or authority from the 
 board of trustees, or an officer, shall be construed as giv- 
 ing the board of trustees or such officer power to license or 
 authorize such thing to be done. 
 
 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 omission refer- 
 
red to; it does not require any intent to violate law, or to 
 injure another, or to acquire any advantage. 
 
 The terms, "neglect," "negligence," "negligent" and 
 "negligently" import a want of such attention to the nature 
 or probable consequence of the act or omission as a prudent 
 man ordinarily bestows in acting in his own concerns. 
 
 The term "knowingly" imports only a knowledge that 
 the facts exist which bring the act or omission within the 
 provision of the ordinances; it does not require any know- 
 ledge of the unlawfulness of such act or omission. 
 
 Sec. 5. Penalty for violation of ordinances. When no 
 other penalty is prescribed any person convicted of violating 
 any provision or provisions of any ordinance included in this 
 revised ordinance, or any ordinance hereafter enacted, shall 
 be punished by a fine of not more than fifty dollars, in de- 
 fault of payment of which such person shall be committed 
 to the town jail for the period of not more than thirty days. 
 
 Sec. 6. Liability of employers and agents to penalty 
 for violation of ordinance. When the provisions of an or- 
 dinance prohibit the commission or omission of an act, not 
 only the persons actually doing the prohibited thing, or 
 omitting the directed act, but also the employer and all 
 persons concerned, or aiding or abetting therein, shall be 
 guilty of the offense described, and liable to the penalty 
 prescribed for the offense. 
 
 Sec. 7. The enacting clause. When ordinances effec- 
 tive. Publication. Amendment. The enacting clause of all 
 ordinances hereafter adopted shall be, "Be it ordained by 
 the board of trustees of the Town of Ophir, Utah." All 
 ordinances shall be signed by the president and counter- 
 signed by the town clerk and shall be deposited in 
 the office of the town clerk ; they shall be published at least 
 once in some newspaper within the town, or posted in three 
 public places therein, and shall go into effect on the twen- 
 tieth day after its publication or posting, unless' it is pro- 
 vided in the ordinance that it shall take effect at an earlier 
 date; provided, that whenever a revision is made and the 
 revised ordinances are published by the authority of the 
 
 
board of trustees of such town, no further publication shall 
 be deemed necessary. The clerk shall record all ordinances 
 and resolutions passed by the town board in a book kept for 
 that purpose, together with the affidavits of publication of 
 the publisher or his agent, or if posted, with the certificates 
 of the due posting thereof ; and said book or a certified copy 
 of the ordinances and resolutions under the seal of the 
 town, shall be received as evidence in all courts and places 
 without further proof, or if printed in a book or pamphlet 
 form by authority of the board of town trustees, they 
 shall be so received; provided, that the board of town 
 trustees may at its option, order that a certified copy of any 
 ordinance be posted in three public places within the town, 
 and when so posted, no further publication shall be deemed 
 necessary. All amendments to any ordinance shall be by 
 re-enactment of the entire ordinance, or section, and not 
 by interlineation. 
 
 CHAPTER TWO. 
 
 Sec. 8. Seal. The seal hereby adopted and declared 
 to be the corporate seal for the Town of Ophir is described 
 as follows: It shall be one and three-fourths inches in dia- 
 meter, with the inscription, "Town of Ophir, Utah/' around 
 the outer edge, with the words, "Corporate Seal" in the cen- 
 ter. 
 
 CHAPTER THREE. 
 
 Sec. 9. Boundaries. The boundaries of the Town of 
 Ophir are hereby declared to be as follows: Beginning at 
 the Southwest corner of section twenty-three, in township 
 five South, of range four West, Salt Lake Meridian, in the 
 County of Tooele, State of Utah, and thence North 14 de- 
 grees 3 minutes East 6,000 feet, North 68 degrees 58 min- 
 utes East 1580 feet, South 70 degrees 43 minutes East 
 5370 feet, South 54 degrees 20 minutes East 3148 feet, 
 South 10 degrees 35 minutes West 1820 feet, South 67 de- 
 grees 16 minutes West 8620 feet, North 75 degrees 31 min- 
 utes West 182.82 feet, North 12 degrees 37 minutes East 
 578.16 feet, North 44 degrees 24 minutes East 205 feet to 
 
the Southwest corner of section 25, being portions 
 of sections fourteen, twenty-three and twenty-four in said 
 township and range. 
 
 CHAPTER FOUR. 
 OFFICERS. 
 
 Powers, Duties, Bonds and Compensation. 
 Sec. 10. Elective officers. An election shall be held 
 in the Town of Ophir on the Tuesday next after the first 
 Monday in November, 1917, and biennially thereafter, for 
 the election of a board of five trustees, including a president. 
 Such elections shall be held in accordance with the laws of 
 Utah. 
 
 Sec. 11. Appointive officers. The appointive officers 
 of the the town are clerk, marshal, treasurer, attorney, 
 justice of the peace, supervisor of streets, health officer, 
 pound keeper, and such other officers as the board of trus- 
 tees shall consider necessary for the good order and well be- 
 ing of the town. 
 
 Sec. 12. President. It shall be the duty of the pres- 
 ident of the board of trustees to preside at all meetings at 
 which he is present; to sign all ordinances passed by the 
 board; to countersign all licenses and other instruments re- 
 quiring his signature, and perform such other duties as are, 
 or may hereafter be prescribed by law or ordinance. He shall 
 have the casting vote upon all matters when there is an 
 equal division of the other members. 
 
 Sec. 13. President pro tern. During the temporary 
 absence or inability of the president, the remaining trustees 
 may appoint one of their number as president pro tern, who, 
 during such absence or inability of the president, shall per- 
 form the duties and possess the powers of the president. 
 
 Sec. 14. Trustees. It shall be the duty of the board 
 of trustees to attend all meetings of the board, act upon 
 
such committees as tfrey may be assigned, and perform all 
 duties devolving upon them by law or ordinance. 
 
 Sec. 15. Duties of clerk. The town clerk shall have 
 the custody of and safely keep the corporate seal, records, 
 plats, books and papers belonging to the town. He shall 
 attend all meetings of the board and record all its proceed- 
 ings; he shall audit all accounts allowed by the board, and 
 file all claims presented against the town ; he shall annually 
 make and keep posted in his office a statement showing the 
 financial condition of the town, including all receipts and 
 disbursements, debts due to or owing by the town, the 
 names of parties to or from whom such debts are due and 
 on what account such expenditures were made ; and perform 
 such other duties as may devolve upon him under the ordi- 
 nances of the town or general law, or may be imposed upon 
 him by the board of trustees. 
 
 Sec. 16. Treasurer. The treasurer shall receive all 
 funds belonging to the town and disburse the same only up- 
 on warrants signed by the clerk. He shall keep in suitable 
 books a full account of all receipts and disbursements, show- 
 ing in detail the names of persons to whom moneys are paid 
 and the source of all receipts. He shall give to each person 
 paying money into the treasury, a receipt therefor, specify- 
 ing the date of payment, and upon what account. At the 
 date of making his semi-annual report, he shall file dupli 
 cates of all receipts issued by him during the period covered 
 by such report. On the first Monday of January and July 
 of each year, he shall present to the board of trustees a full 
 report, showing all receipts and disbursements, since the 
 filing of his last report, and shall furnish vouchers for all 
 sums disbursed. He shall perform such other duties as may 
 be imposed upon him by ordinance or by general law. 
 
 Sec. 17. Marshal. The marshal is the general peace 
 officer of the town and as such shall have authority to arrest 
 without a warrant any person, who shall in his presence 
 violate or attempt to violate any ordinance of the town. He 
 must attend all regular and special meetings of the board 
 
of trustees; shall have charge of and control over the town 
 hall, or other place of meeting of the board of trustees, 
 and must keep same lighted and heated when necessary. He 
 must preserve order in the town ; must arrest and promptly 
 bring before the justice of the peace for trial all persons 
 guilty of a violation of the ordinances. He must take from 
 any person arrested all deadly or dangerous weapons, and 
 deliver the same up to the justice of the peace. He shall 
 take such measures as shall be necessary to secure peace 
 and good order at all public meetings, and do all things 
 necessary to preserve order in the town. He shall provide 
 and cause to be kept a register of arrests, which shall show 
 the date of each arrest, and the offense charged and a de- 
 scription of any property found upon the person arrested. 
 
 Sec. 18. Policemen. The board of trustees may ap- 
 point such number of policemen as shall, from time to time, 
 be necessary to preserve order in the town. In case of ex- 
 treme necessity between meetings, the president of the 
 board and the marshal are authorized to temporarily appoint 
 such number of policemen as may be necessary to preserve 
 order on holidays or extraordinary occasions. 
 
 Sec. 19. Supervisor of streets. The supervisor of 
 streets shall have general control and supervision over the 
 streets, alleys and avenues of the town, and shall direct the 
 making of all improvements and the performance of all 
 work done thereon. He shall be under the general direction 
 of the board of trustees and perform such other duties as 
 may be imposed upon him by the board. He shall make 
 monthly reports to the board of trustees of all poll tax and 
 other moneys collected by him in his official capacity, and 
 seasonably turn the same over to the treasurer, taking his 
 receipt therefor. 
 
 Sec. 20. Health officer. The health officer must be 
 a physician who is a graduate of a regularly chartered med- 
 ical college. In his official capacity, he shall have power 
 and authority to inspect any and all articles of food or drink 
 brought into the town, or offered for sale therein by any 
 
person. It shall be his duty to at once report to the presi- 
 dent or board of trustees the names of any persons violating 
 any of the health ordinances of the town, or of the State 
 of Utah, or of the County of Tooele, and to make complaint 
 before the justice of the peace against such persons. He 
 shall look after the general health of the town and perform 
 such duties in that connection as the board of trustees may 
 impose upon him. 
 
 Sec. 21. Justice of the Peace. The justice of the 
 peace shall have and exercise all the powers provided by law 
 for precinct justices of the peace, and shall receive for his 
 services the fees provided by law for precinct justices of 
 the peace. He shall monthly present to the clerk a verified 
 claim for the amount due him for services rendered during 
 the preceding month, and shall at the same time present 
 his receipt, showing that he has paid to the treasurer all 
 funds which have come to his possession by way of fines or 
 otherwise, and which are payable to the town of Ophir. 
 Said claim shall be by the clerk presented to the board of 
 trustees, who shall audit the same, and if found correct, it 
 must be allowed to such justice of the peace. 
 
 Sec. 22. Committees. The following standing com- 
 mittees shall be appointed by the president of the board of 
 trustees, each to consist of three trustees: Claims and ac- 
 counts; fire and water; public health; streets, alleys and 
 bridges; licenses; town property. 
 
 Sec. 23. Oaths and bonds. All officers of \he town 
 shall, before entering upon their duties, subscribe to the 
 oath required by the Constitution of Utah, and give a bond, 
 as provided by law, in the penal sum as follows : 
 
 Treasurer, in a sum equal to taxes for current year. 
 
 Clerk .. $500.00 
 
 Marshal 500.00 
 
 All other officers, unless otherwise provided 250.00 
 
 Sec. 24. Bonds, approval. The president shall approve 
 
10 
 
 all bonds but his own, which shall be approved by the board 
 of trustees. All official bonds, except that of the clerk, shall 
 be filed with the clerk; the bond of the clerk shall be filed 
 with the treasurer. 
 
 Sec. 25. Salaries. Compensation. For all services ren- 
 dered by them for the town, the officers shall receive the 
 following annual salaries: 
 
 President of the board of trustees $40.00 
 
 Trustees, each $40.00 
 
 Clerk . $40.00 
 
 Treasurer $20.00 
 
 Marshal $360.00 
 
 Supervisor of Streets - 
 
 Health Officer $96.00 
 
 Sec. 26. Salaries payable quarterly. All salaries shall 
 be paid in equal quarterly installments at the end of March, 
 June, September and December. They shall be paid on a 
 warrant signed by the clerk and drawn upon the treasurer. 
 
 CHAPTER FIVE. 
 Claims and Manner of Payment. 
 
 Sec. 27. Claims must be verified. The trustees shall 
 not hear nor consider any claim against the town, nor shall 
 the trustees credit or allow any claims against the town, un- 
 less the same are itemized, giving names, dates and particu- 
 lar service rendered, nor until it is passed upon by the clerk. 
 If for materials furnished, to whom, by whom ordered, 
 quantity and the price agreed upon. Every claim against 
 the town must be presented to the clerk within one year 
 after the last item of the account or claim accrued. Tn all 
 cases claims shall be verified as to their correctness and as 
 to the fact that they are justly due, by the claimant or his 
 authorized agent. If the trustees shall refuse to hear or 
 consider a claim because it is not properly made out, they 
 shall cause notice of the fact to be given to the claimant 
 and shall allow sufficient time for the same to be properly 
 itemized and verified. 
 
11 
 
 Sec. 28. Improper claims rejected. When the trus- 
 tees find that any claim presented is not payable by the 
 town, or is not a proper town charge, it must be rejected. 
 If it is found to be a proper town charge, but greater in 
 amount than is justly due, the trustees may allow the claim 
 in part and may order a warrant drawn for the portion al- 
 lowed. If the claimant is unwilling to receive such amount 
 in full payment, the claim may again be considered by the 
 trustees. 
 
 Sec. 29. Officers prohibited from presenting certain 
 claims. No town officer shall, except for his own services, 
 present any claim, account or demand for allowance against 
 the town, nor in any way advocate the relief asked in the 
 claim or demand made by any other. Any person may 
 appear before the trustees and oppose the allowance of any 
 claim or demand against the town. 
 
 Sec. 30. Warrants must specify nature of claim. Order 
 of presentation. Warrants drawn bv order of the town 
 trustees on the town treasury for current expenses during 
 each year, must specify the liability for which they are 
 drawn, when they accrued, and the funds from which they 
 are to be paid, and must be paid in the order of presentation 
 to the treasurer. If the fund is insufficient to pay any war- 
 rants, they must be registered, and thereafter paid in the 
 order of registration. 
 
 Sec. 31. Clerk must certify that warrant is within 
 debt limit. .The clerk shall endorse a certificate on every 
 bond, warrant or other evidence of debt issued in pursuance 
 of law or ordinance by him, that the same is within the law- 
 ful debt limit of the town, and is lawfully issued. He shall 
 sign such certificate in his official character. 
 
 Sec. 32. Bonded indebtedness. Limit. Warrants for 
 interest on the bonded debt, for salaries and for current ex- 
 penses of the town may be certified by the clerk to be within 
 the lawful debt limit of the town, whenever the same, to- 
 
12 
 
 gether with all other indebtedness of the town shall not ex- 
 ceed the amount of indebtedness of the town, in addition to 
 the whole amount of taxes and revenue of the town for 
 the year in which such warrant or warrants are issued. 
 
 Sec. 33. Findings of trustees protect clerk. When- 
 ever the town trustees shall find or declare that any appro- 
 priation or expenditure for which a warrant or warrants are 
 to be issued, was or is for interest upon the bonded debt, 
 such finding or declaration shall conclusively protect the 
 clerk as to such facts in certifying any warrant or warrants 
 therefor to be within the lawful debt of the town. 
 
 CHAPTER SIX 
 Licenses. 
 
 Sec. 34. Unlawful to transact certain business with- 
 out a license. It shall be unlawful for any person, firm or 
 corporation to engage in, or carry on any business, trade or 
 calling, for which a license is required by these ordinaces, 
 without first procuring the license herein provided for. 
 
 Sec. 35. License fee to be first paid. No license shall 
 be issued to any person, until the amount required therefor 
 shall have been first paid to the town clerk, and by comply- 
 ing with any other provisions of this chapter in reference 
 to licenses. 
 
 Sec. 36. Applications. How license issued. Record. All 
 
 applications for license shall be made in writing to the clerk, 
 and all licenses shall be issued and signed by the clerk, un- 
 der the seal of the town. The clerk shall keep an alpha- 
 betical list of all licenses issued, stating the number, name, 
 place and kind of business, and the amount paid, with such 
 remarks as may be considered necessary. 
 
 Sec. 37. What to contain. Every license issued shall 
 specify by name the person to whom it is issued, the char- 
 acter of the business licensed, and shall designate the par- 
 ticular place at which the business is to be carried on; and 
 
13 
 
 if the licensee is a firm or partnership, the name of each 
 member thereof shall be inserted in the license, when prac- 
 ticable. 
 
 Sec. 38. Not assignable. Licenses are not assignable 
 nor transferable, nor shall any person other than the orig- 
 inal licensee be authorized to do any business of any kind 
 under said license ; neither can any business other than that 
 specified in said license be carried on under the same, nor at 
 any other place than that specified in said license, without 
 special permission of the town board. 
 
 Sec. 39. Rebate. No rebate shall be allowed upon any 
 license, unless the licenlee has been damaged by fire or other 
 unavoidable accident. In such cases the board of trustees 
 shall have discretionary power as to what, if any, amount, 
 not more than one-half, in any case, shall be rebated. 
 
 Sec. 40. Period of license. Term. No license, for any 
 of the purposes named in the next succeeding section, shall 
 be granted for a shorter period than three months, and the 
 terms thereof shall be for the quarterly periods beginning 
 with the months of January, April, July and October of each 
 year. 
 
 Sec. 41. Amounts to be paid for licenses. When not 
 otherwise specified, the licenses shall be issued for the period 
 of three months, for the following amounts : 
 
 (a) Merchants. For carrying on the business of buy- 
 ing and selling goods, wares and merchandise, where the 
 stock is valued at $15,000 or more, $15.00; when the stock 
 is valued at not less than $10,000 nor more than $15,000, 
 $10.00; where the stock is valued at not less than $5,000 nor 
 more than $10,000, $7.50; where the stock is valued less 
 than $5,000, $5.00. 
 
 (b) Confectionery, soft drinks, etc. For a confection- 
 ery parlor, including sale of soft drinks by bottle, where not 
 served at a bar, $15.00 per quarter. 
 
 (c) Soft drinks. For sale of soft drinks by bottle or 
 
14 
 
 glass where a bar is maintained, $15.00 per quarter. 
 
 (d) Butchers. For engaging in the business of butch- 
 ering ; that is, buying and selling, or cutting and dealing out 
 or otherwise disposing of fresh meats, $5.00. 
 
 (e) Peddlers. All persons traveling from house to 
 house within the town of Ophir, selling or offering for sale 
 any articles except fruit, vegetables, poultry, eggs, butter 
 and farm produce only, shall be denominated peddlers, and 
 the amount for a license as such shall be the sum of 
 $5.00 ; provided that this shall not be construed as a license 
 to any person, except a retail druggist, to in any manner 
 sell or dispose of patent medicines, proprietary remedies, or 
 drugs of any character. 
 
 (f ) Solicitors. A retail solicitor is a person who solicits 
 or seeks orders for the sale of goods for present or future 
 delivery, and the amount to be paid for a license as such 
 shall be $5.00 per quarter. 
 
 (g) Livery Stables. A livery stable is a place where 
 horses, teams, carriages, or other vehicles are kept for hire, 
 and where horses or other animals not belonging to the pro- 
 prietor, are fed for a consideration The amount to be paid 
 for such business shall be $2.50 per quarter. 
 
 (h) Moving Picture Show. For a moving picture show, 
 $7.50 per quarter. 
 
 (i) Hotels. Hotels are places where meals are served, 
 or rooms furnished for the accommodation of guests for 
 hire, and the amount to be paid for a license as such shall be 
 the sum of $2.50. 
 
 (j) Rooming house. Rooming houses are places where 
 rooms ,are rented to guests or regular roomers for hire, and 
 the amount to be paid for a license therefor shall be the sum 
 
 of $2.50. 
 
 (k) Amusement hall. For dancing, music or theatrical 
 hall $2.50. 
 
 (1) Drug store. For retail drug store, $7.50. 
 
1C 
 
 (m) Slot machines. Any person owning or operating 
 or maintaining any slot machine, containing a slot or other 
 receptacle where coin is placed in exchange for any article 
 of merchandise, shall, before permitting the same to be op- 
 erated upon his premises, procure a license therefor, and 
 pay for each period of three months the sum of $2.50. This 
 shall not be construed as a license to own, operate or main- 
 tain any machine which is used for the purpose of gambling 
 for either money or property of any kind. 
 
 CHAPTER SEVEN. 
 
 HEALTH AND QUARANTINE PROVISIONS. 
 (a) General Provisions. 
 
 Sec. 42. Board of health. A board of health is here- 
 by created, consisting of the health officer, the president of 
 the board of trustees, and the members of the committee 
 on public health, of which the health officer shall be chair- 
 man. The board may apoint a secretary within or outside 
 of its membership, whose duty shall be to keep an accurate 
 record of all contagious and infectious diseases coming with- 
 in the knowledge of the board, and the disposition thereof. 
 
 Sec. 43. Burial of the dead. It shall be unlawful to 
 bury, remove or otherwise dispose of the body of any de- 
 ceased person, without first procuring a permit so to do from 
 the health officer. The application for such permit shall 
 be in such form as the board of health may prescribe, and 
 must state the age, color, sex, place of residence and cause 
 of death of such deceased. 
 
 Sec. 44. Id. Persons dying of contagious or infectious 
 diseases. The body of any person who has died of either of 
 the diseases of Asiatic cholera, diphtheria (membranous 
 croup), scarlet fever (scarletina), bubonic plague or small 
 pox, shall not remain unburied for a longer period than thir- 
 ty-six hours after death, unless special pel-mission be grant- 
 ed on satisfactory cause shown. Services held in connec- 
 
16 
 
 tion with the funeral of a person dying of any of the di- 
 seases mentioned in this section shall be private, and the 
 attendance shall include only the immediate adult relatives 
 of the deceased, who may not at the time be under absolute 
 quarantine restrictions, and the necessary number of adult 
 pall bearers. Any advertisement of such funeral must 
 state the cause of death. 
 
 (b) Quarantine Provisions. 
 
 Sec. 54. Certain diseases subject to quarantine. Im- 
 mediately upon receiving the report of a case of Asiatic 
 cholera, diphtheria (membranous croup), scarlet fever 
 (scarletina) , bubonic plague, or small pox, the board of 
 health or health officer shall cause to be securely attached 
 in a conspicuous place on the house wherein such disease 
 occurs, a card or flag having printed on it in large letters 
 the word "Quarantine" and the name of the disease for 
 which quarantine is established; and shall also prohibit en- 
 trance or exit to or from such house of any person excepting 
 the attending physician and necessary nurses, without writ- 
 ten permision of the board of health or health officer. No 
 person shall remove, mar, deface or destroy such quarantine 
 card or flag which shall remain in place until after the pa- 
 tient has been removed from such house or has recovered 
 and is no longer capable of communicating the disease, and 
 the house and contents thereof have been properly disin- 
 fected by the board of health. 
 
 Sec. 46. Id. Other diseases to be placarded. It shall 
 be the duty of the board of health or health officer to pla- 
 card in the same manner as described in Section 45, all cases 
 of measles, whooping cough, cerebro spinal meningitis, 
 mumps, chicken-pox reported, and to maintain and effect 
 such quarantine and disinfection as are provided in these 
 ordinances relating to the said diseases. 
 
 Sec. 47. Duty of attending physician. Every physi- 
 cian attending a person affected with any disease mentioned 
 in either of the last two preceding sections, must use every 
 possible precaution to prevent communication of the disease 
 
17 
 
 to others. Every such physician and any other person hav- 
 ing knowledge of the existence of such disease, must im- 
 mediately after learning of the existence of such disease, 
 report the fact to the board of health. 
 
 Sec. 48. Period of isolation and quarantine. The iso- 
 lation and duration of quarantine in contagious diseases 
 shall be as follows: 
 
 Asiatic Cholera. For the patient, quarantine until af- 
 tsr complete recovery and disinfection of premises. For 
 exposed persons, quarantine for five (5) days from date of 
 last exposure. 
 
 Small-pox. For the patient, quarantine for not less 
 twenty-one (21) days after the beginning of the disease 
 and until all crusts or scales have fallen off or been removed 
 and the disinfection of the patient and premises. For ex- 
 posed persons, quarantine for fourteen (14) days from date 
 of last exposure unless successfully vaccinated and person 
 and clothing disinfected, or protected by a previous attack of 
 the disease and person and clothing disinfected. Provided, 
 that persons who have not been successfully vaccinated 
 previously and who shall submit to vaccination may be re- 
 leased from quarantine after disinfection of person and 
 clothing, when evidence occurs that the said vaccination 
 is successful. 
 
 Scarlet fever. For the patient and children associated 
 with or in the family with the patient, quarantine for not 
 less than thirty (30) days after the beginning of the di- 
 sease, and until complete desquamation or scaling of the 
 skin of the patient. Isolation of the patient and children 
 associated with the patient for ten (10) days after removal 
 of quarantine. Patient shall not be permitted to re-enter 
 school until twenty-one (21) days after quarantine is re- 
 moved. Other children in the family may be disinfected 
 and removed to another house and shall there be isolated 
 for. a period of ten (10) days and then released, provided, 
 they remain free from disease. For adults living in the 
 
18 
 
 family with, or exposed to the patient, while the house re- 
 mains quarantined, unless said adults submit to thorough 
 disinfection of their clothing and removal from the premises 
 during the time said quarantine is maintained. 
 
 Diphtheria. For the patient, quarantine for not less 
 fourteen (14) days after the beginning of the disease. For 
 persons associated with or in the family with the patient, 
 quarantine until after death or recovery of the patient, and 
 disinfection of clothing and premises. Provided, that other 
 children in the family who shall receive an immunizing dose 
 of antitoxin may be released from quarantine at the discre- 
 tion of the board of health .after disinfection of person and 
 clothing. Adult members of the family may be released 
 from quarantine on condition that clothing shall be disin- 
 fected by the health officer. 
 
 Epidemic cerebro spinal meningitis. For the patient, 
 isolation from the rest of the family. Quarantine of not 
 less than fourteen (14) days after the first appearance of 
 disease, and until the death or recovery of the patient, and 
 the disinfection of the premises. Persons living in a house 
 where the disease is present should not mingle with the gen- 
 eral public until the disease has terminated. 
 
 Bubonic plague. For the patient, quarantine until re- 
 covery or death, and disinfection of premises. For exposed 
 persons, quarantine for eight (8) days from date of last 
 exposure. 
 
 Measles. For the patient, isolation and quarantine for 
 not less than fourteen (14) days until peeling or desquama- 
 tion h,as ceased. Patient should not be permitted to attend 
 school for five (5) days after quarantine has been removed. 
 For other members of the family, quarantine not required, 
 but children of the household must not attend school or 
 other public gatherings or mingle with other children, un- 
 less satisfactory proof shall be furnished to the board of 
 health of their having had the disease, in which event, the 
 board of health may, at its discretion, permit the said child- 
 
19 
 
 ren to attend school and other public gatherings. 
 
 Whooping cough. For patient, isolation and quaran- 
 tine for not less than five (5) weeks from the beginning of 
 tne disease and until the "whoop" has entirely ceased. For 
 other members of the family, quarantine not required, but 
 children of the same household must not attend school or 
 other public gatherings for a period of three (3) weeks from 
 the beginning of quarantine. 
 
 Chicken-pox. For the patient, and children living in 
 family, quarantine for not less than fourteen (14) days from 
 the beginning of the disease, and until all scales and crusts 
 have disappeared. 
 
 Mumps. For the patient, isolation and quarantine un- 
 til recovery or death. For other members of family, quar- 
 antine not required.. It shall be the duty of every 
 physician or other person caring for the sick to immediately 
 make a report of all cases of mumps in his or her charge. 
 
 Typhoid fever, pneumonia, tuberculosis and anterior 
 poliomyelitis. No placard required, (unless provided by 
 rules of the board of health to the contrary) but the precau- 
 tions and recommendations of the State Board of Health 
 contained in the circulars pertaining to said diseases must 
 be strictly enforced. 
 
 Sec. 49. When quarantine removed. No quarantine 
 of a contagious disease shall be removed until the attending 
 physician has notified the local board of health that the case 
 has recovered and is no longer liable to communicate the di- 
 sease, provided that when no physician is in attendance the 
 health offcer may remove the same at the expiration of the 
 quarantine period and recovery of the patient. 
 
 Sec. 50. Children to be excluded from school. Disin- 
 fection. When a case of contagious disease is reported, it 
 shall be the duty of the health officer to ascertain the 
 schools attended by any child or children from the in- 
 
20 
 
 fected premises, and to serve a written notice upon those 
 in charge of such school, requiring the exclusion of all those 
 residing in the same house in which the person or persons 
 suffering from such disease may be located, until a written 
 permit from the board of health is presented. If any child 
 has attended school while suffering from any of the diseases 
 mentioned in Sec. 48, the board of health must cause the 
 school room where such child or children attended to be 
 thoroughly disinfected. 
 
 Sec. 51. Exclusion from public meetings. Any per- 
 sons suffering from cholera, small-pox, typhus fever, bubon- 
 ic plague, diphtheria, (membranous croup), scarlet fever 
 (scarletina), measles, whooping cough, mumps, chicken-pox, 
 or cerebro spinal meningitis, nor any person from any house 
 where any other person is suffering from any of said di- 
 seases, shall not be admitted into any public, parochial or 
 private school, college or Sunday School, or any public meet- 
 ing or assemblage, or any public conveyance. 
 
 Sec. 52. Parents and guardians must prevent diseased 
 children from going into the premises of others. No pa- 
 rent, guardian or other person having charge or control of 
 any child or children shall allow or permit such child or 
 children to go from any family in which a case of cholera, 
 small-pox, typhus fever, bubonic plague, diphtheria (mem- 
 branous croup), scarlet fever (scarletina), measles, whoop- 
 ing cough, chicken-pox, or cerebro spinal meningitis has re- 
 cently occurred, without a permit from the board of health, 
 or its proper officer. 
 
 Sec. 53. Disinfection after death or recovery. When 
 a person affected with small-pox, typhus fever, diphtheria 
 (membranous croup), or scarlet fever (scarletina), has re- 
 covered and is no longer liable to communicate the disease 
 to others, or has died, the physician shall furnish to the 
 board of health a certificate of such recovery or death, and 
 as soon thereafter as the board deems it advisable, its health 
 officer or other person appointed for the purpose shall thor- 
 oughly disinfect the house and contents thereof in which 
 
21 
 
 such person has been ill or has died, which disinfection 
 shall be done in accordance with the rules and regulations 
 adopted by the State Board of Health. 
 
 Sec. 54. Sale of milk from quarantined premises pro- 
 hibited. The sale or use of milk or dairy products from a 
 place where one of the quarantinable diseases exists, or 
 where typhoid fever is present, is strictly forbidden, unless 
 the milk is handled, cans and pails washed and stock cared 
 for by persons entirely segregated from the affected family, 
 and then only upon permission of the health officer. 
 
 Sec. 55. Disinfection of excreta from typhoid patients. 
 
 It shall be the duty of any person affected with typhoid fev- 
 er to disinfect all excreta excreted by said person during the 
 course of the disease, in accordance with the rules of the 
 State Board of Health, and upon failure to do so, shall be 
 deemed guilty of a misdemeanor. 
 
 Sec. 56. Id. Duty of physician. It shall be the duty 
 of the physician in attendance upon all persons affected with 
 typhoid fever, to personally instruct those having charge of 
 same to perform the disinfection described in this chapter, 
 and to satisfy himself that the same is properly carried out, 
 and for failure to do so, he shall be deemed guilty of a mis- 
 demeanor. 
 
 Sec. 57. Provisions applicable beyond corporate limits. 
 
 The provisions of the foregoing sections of this sub-head of 
 this chapter relative to quarantine regulations for conta- 
 gious and infectious diseases, shall be applicable to the ter- 
 ritory lying within, and for one mile beyond the corporate 
 limits of Ophir. Every person within the town of Ophir, or 
 within one mile of the corporate limits thereof, who shall 
 violate any of the provisions of this chapter, shall be guilty 
 of a misdemeanor. 
 
 Sec. 58. Board of health may adopt regulations. The 
 
 board of health may adopt such rules and regulations not 
 inconsistent with these ordinances, or with state law, or 
 
22 
 
 with the regulations of the State Board of Health, as it may 
 from time to time deem necessary for the general welfare 
 of the town. 
 
 Sec. 59. Penalty. It is hereby made a crime, upon 
 conviction of which a fine of not to exceed fifty dollars or 
 imprisonment in the town jail for a period not to exceed 
 thirty days, shall be imposed upon ,any person who shall 
 tear down or remove any flag so put up by said physician or 
 health officer as herein provided, or in any manner hinder, 
 interfere with or delay said board in the performance of its 
 duties. 
 
 Sec. 60. Same. Every person who shall violate any 
 of the provisions of this chapter, shall, upon conviction 
 thereof, be punished by a fine in any sum less than one 
 hundred dollars, or by imprisonment in the town jail not to 
 exceed three months. 
 
 CHAPTER EIGHT. 
 Food and Drink. 
 
 Sec. 61. Sale of unwholesome food prohibited. It 
 
 shall be unlawful for any person to offer for sale in any pri- 
 vate or public market within the town of Ophir, any article 
 of food or drink intended for human consumption, which is 
 not healthy, fresh, sound and wholesome condition, and fit 
 for human food. 
 
 Sec. 62. Putrid or unwholesome meat. It shall be 
 unlawful for any person within the town of Ophir to offer 
 for sale any meat, fish or fowl, which is in any way putrid, 
 impure or unwholesome, or which has died by disease or 
 accident. 
 
 Sec. 63. Swine fattened on unwholesome food. It 
 shall be unlawful for any person to offer for sale within the 
 town of Ophir, or sell or give away any swine or pork, which 
 has been fattened or fed upon any meat, blood or entrails 
 in a putrid or decayed state or upon any animal dead from 
 
23 
 
 natural causes, or upon any food calculated to engender di- 
 sease in the flesh of such animal. 
 
 Sec. 64. Befouling water. It shall be unlawful for 
 any person within the town of Ophir to suffer or permit to 
 be thrown into any stream, or other water used for culinary 
 purposes, any vegetable, animal or mineral substance what- 
 ever, which will in any manner pollute or befoul any such 
 water for culinary purposes. 
 
 CHAPTER NINE. 
 MISDEMEANORS. 
 
 Sec. 65. Abusive language. It shall be unlawful for 
 any person to abuse another by using menacing, insulting, 
 slanderous or profane language within the town of Ophir. 
 
 Sec. 66. Animals. Cruelty to. It shall be unlawful for 
 any person to torture, cruelly beat, ill treat, main or disfig- 
 ure any horse or other animal within the limits of the town 
 of Ophir, whether belonging to himself or to another person. 
 
 Sec. 67. Assault and battery. An assault is an un- 
 lawful attempt, coupled with a present ability, to commit a 
 \iolent injury on the person of another. 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 
 an assault or battery within the town of Ophir. 
 
 Sec. 68. Concealed weapons. It shall be unlawful for 
 any person, except a peace officer, without the written con- 
 sent of a peace officer, to carry concealed any of the follow- 
 ing named weapons, to-wit: Slingshot, brass knuckles, re- 
 volver, dagger, stilletto, or other concealed weapons. 
 
 Sec. 69. Dance house prohibited. It shall be unlawful 
 for any person to keep, maintain, or assist in keeping or 
 maintaining a dance house where lewd or disorderly persons 
 assemble together for dancing. 
 
24 
 
 Sec. 70. Defacing or destroying property pro- 
 hibited. It shall be unlawful for any person to wil- 
 fully injure, deface or destroy property of another, 
 either public or private, or to secrete any goods, 
 chattels or personal property of another, or to prepare any 
 deadfall, or to dig any pit, or to arrange any trap, to injure 
 another's person or property, or to take down, injure or re- 
 move any monument, street sign, or any tree marked as a 
 boundary of any tract of land or town lot, or to injure de- 
 stroy, deface or alter the marks of any monument, or street 
 sign, or to deface, injure or destroy any fence or fountain, 
 or shade or fruit tree, or to deface, injure or destroy any 
 kind of public or private property, or to deface sidewalks 
 or trees located upon any public street or highway or upon 
 public property, with paint or printed handbills, signs, post- 
 ers or other advertisements. 
 
 Sec. 71. Defacing property in cemetery. It shall be 
 unlawful for any person to deface any headboard, tomb- 
 stone, monument, tree, shrub, or other property in the town 
 cemetery. 
 
 Sec. 72. Discharge of explosives. It shall be unlawful 
 to discharge guns or pistols, or explode blasting powder, 
 dynamite, or other explosives, in any street, lot, grounds or 
 alley, or within 700 feet of any public school house or other 
 public building in the town of Ophir, except in self defense, 
 or in the case of an officer in the discharge of his duty. 
 
 Sec. 73. Disorderly houses prohibited. It shall be un- 
 lawful for any person to keep an ill-governed or disorderly 
 house, or to suffer or permit any drunkenness, quarreling, 
 fighting, unlawful games, or riotous or disorderly conduct 
 whatever on his premises, within the limits of the town of 
 Ophir. 
 
 Sec. 74. Disorderly assemblies. It shall be unlawful 
 for any number of persons to congregate in any street, alley, 
 or other public place in the town of Ophir and there indulge 
 in offensive, abusive or disorderly conduct in any manner 
 
25 
 
 calculated to endanger or disturb the peace of any of the 
 citizens of the' town. 
 
 Sec. 75. 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 de- 
 scription, or by lascivious or offensive conduct, or by threat- 
 ening, traducing, quarreling, challenging to fight or fighting, 
 or by the use of profane or blasphemous language. 
 
 Sec. 76. Disturbance of public meetings. It shall be 
 unlawful for any person to excite disturbance or contention 
 at any public place, public house, court, election, or a public 
 assembly congregated for religious or other lawful purpose, 
 or to make use of any undue noise, or offensive, unbecoming 
 or indecent behavior at any such place, within the limits of 
 the town of Ophir. 
 
 Sec. 77. Drunkenness. It shall be unlawful for any 
 person to be drunk, or in an intoxicated condition, in any 
 street, lane, alley or other public place in the town of Ophir. 
 
 Sec. 78. Dances, improper. It shall be unlawful for 
 any person in a public dance hall, or in any public place, 
 to dance in, engage or take part in any improper, indecent 
 or obscene dance, such as the dance known as the "Turkey 
 Trot," the "Grizzly Bear," and other dances of like char- 
 acter. It shall be unlawful for any person conducting or hav- 
 ing charge of any public dance or dance hall, as owner, les- 
 see or manager, or otherwise, to permit any person to dance 
 any such prohibited dance. 
 
 Sec. 79. Dog fighting. It shall be unlawful for any 
 person to incite, instigate, promote, cause or attend any dog 
 fight or cock fight within the town of Ophir. 
 
 Sec. 80. Embezzlement. Embezzlement is the fraud- 
 ulent appropriation of money or property by a person to 
 
26 
 
 whom it was intrusted. It shall be unlawful for any per- 
 son to be guilty of embezzlement of money or other prop- 
 erty of value not exceeding fifty dollars. Upon any pros- 
 ecution for embezzlement, it is 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. 81. Expectoration in public places prohibited. It 
 
 shall be unlawful for any person to expectorate or throw 
 cigar stumps, cigarette stumps, or quids of tobacco on the 
 floor of any public building, or any paved or board sidewalk 
 in the town of Ophir. 
 
 Sec. 82. 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, shall be guilty of a 
 misdemeanor and on conviction thereof, be punished by a 
 fine in any sum less than $100.00 or by imprisonment in the 
 town jail not to exceed three months. 
 
 Sec. 83. Fighting. It shall be unlawful for any per- 
 son to engage in any fight within the town of Ophir. 
 
 Sec. 84. Fowls running at large. It shall be unlawful 
 for any person within the town of Ophir to allow any domes- 
 tic fowls, such as turkeys, ducks, chickens and geese, to tres- 
 pass upon the premises of any person other than their own- 
 er, between the first day of March and the first day of No- 
 vember, of each year. 
 
 Sec. 85. False pretenses. Refreshments. Any person 
 who shall, within the limits of this town, obtain any goods, 
 chattels or other property under false pretenses, or who 
 shall enter into any house, shop or place, and call for re- 
 freshments or other article or thing and receive the same 
 and depart without paying or satisfying the owner thereof, 
 shall be guilty of a misdemeanor. 
 
 Sec. 86. False representations. Obtaining credit by. It 
 
27 
 
 shall be unlawful for any person, by false representations, 
 in writing, of his own responsibility, wealth, assets or mer- 
 cantile correspondence and connection, to obtain credit, and 
 thereby defraud any person or persons of money, goods, 
 chattels, or any valuable thing not exceeding in value the 
 sum of fifty dollars ; or to cause or procure others to report 
 falsely on his honesty, wealth, assets, mercantile character, 
 or financial standing, and by thus imposing on any person 
 or persons, to obtain credit, and thereby fraudulently come 
 into possession of goods, wares, merchandise, or any valu- 
 able thing, and any person so doing, shall, on conviction 
 thereof, be punished by a fine in any sum less than $100.00, 
 or by imprisonment in the town jail not to exceed three 
 mpnths. 
 
 Sec. 87. False pretenses. Obtaining food, etc., by. Any 
 
 person who shall put up at any hotel, inn, boarding or lodg- 
 ing house, and shall procure any food, entertainment or ac- 
 commodation therein without paying therefor except where 
 credit is given by express agreement, with intent to cheat 
 or defraud such owner or keeper thereof out of the pay for 
 the same ; or who shall, with intent to cheat or defraud such 
 owner out of the pay therefor, obtain credit at any hotel, 
 inn, boarding or lodging house, for such food, entertainment 
 or accommodation, by means of any false show of baggage 
 or effects brought thereto; or who shall, with such intent, 
 rbscond, surreptitiously remove, or cause to be removed, 
 any baggage or effects from any hotel, inn, boarding or lodg- 
 ing house, while there is a lien existing thereon for the prop- 
 er charges due from him for fare, board or lodging fur- 
 nished therein not exceeding fifty dollars, shall be guilty 
 cf a mir demeanor. 
 
 Sec. 88. Fraud. Obtaining money, etc., by. Every 
 person who knowingly or designedly, by false and fraudu- 
 lent representations or pretenses, shall obtain from any 
 other person any choses in action, money, goods, wares, 
 chattels, effects, or other valuable thing, with intent to 
 cheat or defraud any person of the same, if the property 
 so obtained does not exceed $50.00 in value, is punishable 
 
28 
 
 as in cases of petit larceny. 
 
 Sec. 89. Gambling. All gambling and gaming of 
 every kind and description, by playing at cards, dice, faro, 
 roulette, keno, poker, slot machines, devices known as trade 
 machines, paddles, or any like machines or devices by what- 
 ever name known, or any contrivance or device by or with 
 which money, merchandise or any thing of value may be 
 staked, bet, hazarded, won or lost, upon chance, or at any 
 other game or scheme of chance whatever, within the town 
 of Ophir, is hereby declared to be unlawful. 
 
 Sec. 90. 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, conduct, 
 keep or carry on any such game, scheme or device, either as 
 owner, dealer, operator, agent or employee. 
 
 Sec. 91. Unlawful to keep or maintain gambling house. 
 
 It shall be unlawful for any person to knowingly permit or 
 suffer any of the games or schemes herein declared un- 
 lawful 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. 92. 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 de- 
 vice, for the purpose of suffering or permitting other per- 
 sons to play at or with same for money or anything of value. 
 
 Sec. 93. Penalty. Any person violating any of the 
 provisions of this ordinance pertaining to gambling shall, 
 upon conviction thereof, be punished by a fine in any sum 
 not exceeding one hundred dollars, or by imprisonment in 
 the town jail for a period not longer than three months. 
 
 Sec. 94. Horses not hitched. Any person having 
 charge of or being the driver of a team, horse or other ani- 
 
29 
 
 mal, shall while such team, horse or other animal is standing 
 in the street or public place, of this town, stand near the 
 head of the same, or have hold of the lines attached to them, 
 or otherwise secure them to some post, or other substantial 
 place of fastening prepared for that purpose, or by lead 
 or iron weight, .weighing not less than twenty-five pounds, 
 attached to them by strap, rope or chain. Any person vio- 
 lating the provisions of this section shall be guilty of a mis- 
 demeanor. 
 
 Sec. 95. 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 
 the town of Ophir, while in the discharge of his official 
 duties. 
 
 Sec. 96. Minors, sale of tobacco to. It shall be un- 
 lawful for any person to sell, give, or furnish any cigar, 
 cigarette or tobacco in any form, to any person under twen- 
 ty-one years of age. 
 
 Sec. 97. 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 of or have in his 
 possession any cigar, cigarette or tobacco in any form. 
 
 Sec. 98. Obscene literature or conduct. It shall be un- 
 lawful for any person: 
 
 1. To have in his possession or to offer for sale, sell, 
 exhibit, pass, give or deliver to another, any obscene, lewd 
 or indecent book, pamphlet, picture, card, print, paper, 
 mould, cast or figure. 
 
 2. To circulate or distribute or cause to be circulated 
 or distributed any pamphlets, books or circulars treating 
 of or illustrating any of the diseases of the sexual organs. 
 
 3. To appear in a public place, or in any place open 
 to public view, naked or in an indecent or lewd dress. 
 
 4. To make any indecent or obscene exposure of his 
 
30 
 
 or her person, or to urinate or stool in any place open to pub- 
 lic view. 
 
 5. To be guilty of prostitution or any lewd, lascivious, 
 obscene or indecent conduct. 
 
 6. To utter or speak any obscene or lewd language. 
 
 7. To indecently exhibit any horse, bull of other ani- 
 mal. 
 
 8. To exhibit or perform any indecent, immoral or 
 lewd play or other representation. 
 
 Sec. 99. Fast driving. It shall be unlawful for any 
 person to drive or race horses in a careless or reckless man- 
 ner upon any of the streets of the town of Ophir. 
 
 Sec. 100. Tearing down ordinances. It shall be un- 
 lawful for any person to tear down, or deface any ordinance, 
 bill, notice or advertisement, or other proper paper of a busi- 
 ness or legitimate character legally posted up within the 
 town limits of the town of Ophir. 
 
 Sec. 101. Petit Larceny. Any person who shall steal, 
 take or carry away any personal property of another, not 
 taken from the person of such other, and not consisting of a 
 horse, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, 
 sheep, mule jack, jenney; or 
 
 Who finds lost property under circumstances which give 
 him knowledge of a means of inquiry as to the true owner, 
 and who appropriates such property to his own use, or to 
 the use of another not entitled thereto, without first making 
 reasonable and just efforts to find the owner and restore the 
 property to him, is guilty of petit larceny, and upon convic- 
 tion thereof, shall be fined in any sum less than $100.00 or 
 imprisoned for not to exceed three months, or shall be pun- 
 ished by both such fine and imprisonment. 
 
 Sec. 102. Prostitutes. It shall be unlawful for any 
 woman to pursue, or advertise in any manner, her vocation 
 as a prostitute, or to be guilty of prostitution. 
 
 Sec. 103. Riot. Any use of force or violence, disturb- 
 
31 
 
 ing the public peace, or any threat to use such force or vio- 
 lence by two or more persons acting together and without 
 authority, is a riot. It shall be unlawful for any person to 
 participate in a riot. 
 
 Sec. 104. Vagrancy. Every person, except an Indian, 
 without the visible means of living, who has the physical 
 ability to work, and who does not for a period of five days 
 seek employment, nor labor when employment is oifered to 
 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 asso- 
 ciate of known thieves who wanders about the streets at 
 late and unusual hours of the night, or who lodges in any 
 barn, shed, shop, outhouse, or other place other than is 
 kept for lodging purposes without permission of the owner 
 or party entitled to^the possession thereof; every lewd and 
 dissolute person who lives in and about houses of ill-fame 
 and every common prostitute and common drunkard is a 
 vagrant. It shall be unlawful for any peron to be a vagrant 
 within the limits of the town of Ophir. 
 
 Sec. 105. Penalty. Any person violating any of the 
 provisions of this chapter shall be deemed guilty of a mis- 
 demeanor, and upon conviction, where no other punishment 
 is provided, shall be fined in any sum not exceeding $50.00, 
 or by imprisonment not exceeding thirty days, or both. 
 
 CHAPTER TEN. 
 Intoxicating Liquor. 
 
 Sec. 106. It shall be unlawful for any person, firm, 
 association or corporation to manufacture, sell, keep or store 
 for sale, offer or expose for sale, import, carry, transport, 
 advertise, distribute, give away, exchange, barter, dispose 
 of, serve or otherwise furnish, or to knowingly have in his 
 or its possession any intoxicating liquor within the town of 
 Ophir. 
 
 Sec. 107. The term "intoxicating liquor," as used in 
 
32 
 
 this ordinance, shall be construed to embrace all fermented, 
 malt, vinous or spiritous liquor, alcohol, wine, porter, ale, 
 beer, absinthe, or any other intoxicating drink, mixture or 
 or preparation of like nature, and all malt or brewed drinks, 
 and all liquid mixtures or preparations, whether ptented or 
 not, which will produce intoxication; fruits preserved in al- 
 coholic liquors of any kind; and all beverages containing in 
 excess of one-half of one per centum of alcohol by volume ; 
 and all mixtures, compounds or preparations, whether liquid 
 or not, which are intended when mixed with water or other 
 liquid, to produce by fermentation or otherwise, an intoxi- 
 cating liquor 
 
 Sec. 108. Any person violating any of the provisions 
 of this ordinance shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof, be punished by a fine of not 
 less than $50.00 and not more than $299.00 or by imprison- 
 ment in the town jail for not less than thirty days nor more 
 than six months, or by both such fine and imprisonment. 
 
 CHAPTER ELEVEN. 
 BILLIARDS AND POOL. 
 
 Sec. 109. Obtain license. No person shall keep or use 
 in any public place in this town, any billiard or pool table or 
 tables, or any pin or ball alley, or nine or ten pin alley or 
 alleys, or the runway or runways thereof, in or on which 
 games are played, without first obtaining a license and pay- 
 ing tax therefor as hereinafter provided. 
 
 Sec. 110. Application. All applications for any 
 license herein contemplated, shall be made in writing to the 
 board of trustees, and shall state the time of commencing, 
 the place where to be kept, and the number of tables and 
 runways thereof to be licensed. All billiard and pool tables 
 shall be deemed within the .provisions of this ordinance, ex- 
 cept such as shall be kept in dwelling houses for owner's 
 recreation, and not for the purpose of letting the same to 
 others to play upon for money, or for anything representing 
 
33 
 
 or in lieu of money ; and there shall be levied and collected in 
 advance for every license to keep billiard and pool tables, 
 pin alley, or bowling alleys, as aforesaid: 
 
 For each table for three months $10.00 
 
 For each additional table for three months 2.50 
 
 For bowling or pin alley, for three months, for 
 
 one runway 10.00 
 
 For each additional runway for three months 2.50 
 
 Sec. 111. Minors prohibited. No person licensed as 
 in this chapter provided, and no one in the employ or acting 
 in the stead of, or in behalf of such person, shall permit any 
 minor, apprentice or employee under the age of twenty-one 
 years, or any person under the influence of intoxicating 
 liquor, to be or remain in his place of business where any 
 such games are played; and it shall be unlawful for any 
 minor, apprentice or employee under the age of twenty-one 
 years, to be or remain in any of said places of business where 
 any of the games herein mentioned are played. 
 
 Sec. 112. Disorderly conduct, etc. Every person 
 licensed as in section 111 provided, and every person em- 
 ployed by him, or acting in his stead or behalf, shall prohibit 
 music, boxing, dancing and all disorderly conduct within his 
 place of business. 
 
 Sec. 113. Soft drinks prohibited in. It shall be un- 
 lawful for any person, either directly or indirectly, or by 
 any device or subterfuge whatever, to sell, barter, give 
 away, or otherwise dispose of any liquor, drink or beverage, 
 such as beerette, "reformed beer," near-beer, lemonade, gin- 
 ger ale, soda water, cider, coca cola, root beer and all other 
 similar drinks or beverages within any billiard or pool hall, 
 or any bowling alley, or to permit any such liquor or bever- 
 ages, or any intoxicating liquor, to be drunk in any billiard 
 or pool room, or bowling alley within the corporate limits 
 of the town of Ophir. 
 
34 
 
 Sec. 114. Hours to keep open. It shall be unlawful 
 for any person licensed as in this chapter provided, to keep 
 such place of business open before the hour of eight a. m., 
 nor after eleven o'clock p. m., on any day nor at any time on 
 Sunday. 
 
 CHAPTER TWELVE. 
 NUISANCES. 
 
 Sec. 115. A public nuisance. A public nuisance con- 
 sists in unlawfully doing any act or omitting to perform any 
 duty which act or omision either annoys, injures, or endan- 
 gers the comfort, repose, health, or safety of three or more 
 persons; or offends public decency, or unlawfully interferes 
 with, obstructs or tends to obstruct or render dangerous for 
 passage, any stream, canal, basin or public park, square, 
 street, or highway; or in any way renders three or more 
 persons insecure in life or the uses of property. Any per- 
 son who shall be convicted of violating any of the provisions 
 of this section shall be deemed guilty of misdemeanor, and 
 be liable to a fine not exceeding $100.00, or by imprisonment 
 in the town jail not exceeding thirty days or by both. 
 
 Sec. 116. Garbage, etc. No house refuse, offal, garb- 
 age, dead animals, decaying vegetable matter, or organic 
 waste substance of any kind, shall be thrown or allowed to 
 remain upon or in any street, road, ditch, gutter, public 
 place, private premises, vacant lot, water course, lake, pond, 
 spring or well. 
 
 Sec. 117. Privy vaults, etc. No privy vault, cesspool, 
 or reservoir into which a privy, water closet, stable or sink 
 is drained, shall be established or permitted within fifty feet 
 of any surface well, spring, or other source of water used 
 for drinking or culinary purposes, without written permis- 
 sion from the board of health, based upon the advice of the 
 medical health officer. Whenever, in the opinion of the 
 board of health or health officer, any privy vault or cesspool 
 has become the receptacle of infectious material from a con- 
 
35 
 
 tagious or infectious disease, or has become a menace to 
 health, they shall have the power to order such privy or 
 cesspool disinfected, or filled in and abandoned. 
 
 Sec. 118. Slaughter house. Meat market. If any ow- 
 ner or occupant of any slaughter house, market, meat shop, 
 or other place wherein any swine, beeves, sheep, fowls, or 
 other animals are slaughtered, kept, sold, either in said 
 slaughter house or on the premises of said owner or occu- 
 pant, shall permit the same to remain unclean, to the un- 
 necessary annoyance of the citizens of the town, or any of 
 them or in any state or condition detrimental to the public- 
 health, the same shall be deemed a nuisance. 
 
 Sec. 119. Unclean drain or garbage receptacle. It 
 
 shall be unlawful for any person to cause or permit any un- 
 clean, stinking, foul, defective or filthy drain, ditch, tank 
 or gutter, or any leaking or broken slop, garbage or manure 
 box, or receptacle of similar character to remain on his 
 premises. 
 
 Sec. 120. Refuse. Accumulation. It shall be unlawful 
 for any person to permit vegetables, waste, litter, garbage, 
 filth or refuse of any nature, kind or description, detrimental 
 to health, to accumulate within or upon any private alley, 
 yard or area except when the same is temporarily deposited 
 for removal. 
 
 Sec. 121. Accumulation of manure in stable prohibited. 
 
 It shall be unlawful for any person having charge of any 
 stable, stall, shed, apartment or yard in which any animal 
 shall be kept, or in any place within the limits of the town 
 of Ophir, in which manure or liquid discharges of any ani- 
 mal shall accumulate or collect, to permit such stable, stall, 
 shed, apartment or yard to be kept in unclean or unsanitary 
 condition. 
 
 Sec. 122. Dead animals. No person shall drag, lay or 
 leave any dead animal, or any part thereof, anywhere within 
 the corporate limits of this town, unless the same is buried 
 
26 
 
 at least four feet under the surface ; and no such animal or 
 part of .animal shall be buried within the corporate limits 
 of this town without permission from the board of health. 
 
 Sec.123. Id. Removal. It shall be the duty of the owner 
 within six hours after the death of any animal, which shall 
 die or be killed within the town of Ophir, except animals 
 slaughtered for food, to cause such animal to be removed 
 beyond, or buried at such place within the corporate limits 
 as the health officer shall designate. 
 
 Sec. 124. Acts and omissions deemed a nuisance. 
 
 Every act or thing done or made, permitted, allowed or con- 
 tained, in violation of the preceding sections of this chapter, 
 and every other act which renders soil, air, food or drink 
 impure or unwholesome, shall be deemed a nuisance; and 
 every person, who, as owner, agent or occupant, creates, or 
 assists in the creation, maintenance or continuation thereof, 
 shall be equally guilty and equally liable. 
 
 Sec. 125. Notice to abate nuisance. In order to bet- 
 ter carry out the provisions of this chapter, the health of- 
 ficer may serve a notice in writing upon the owner, occupant 
 or agent of any lot, building or premises in or upon which 
 any nuisance may be found, or upon him who may be the 
 cause of such nuisance, requiring him to abate the same in 
 such reasonable time to be fixed in the notice ; but failure to 
 give notice, as provided herein, shall not relieve the author 
 of any nuisance from the obligation to abate such nuisance, 
 or from the penalty provided for the maintenance thereof. 
 
 Sec. 126. Duty and power of the health officer. It 
 
 shall be the duty of the health officer 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 
 
37 
 
 grounds to be cleaned, filled up or otherwise purified, and to 
 cause all noisome substances to be abated or removed. 
 
 Sec. 127. Penalty. Any person violating any of the 
 provisions of this chapter shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof, shall be punished 
 by a fine in any sum less than one hundred dollars, or by im- 
 prisonment in the town jail not more than three months, or 
 by both such fine and imprisonment. 
 
 CHAPTER THIRTEEN. 
 Estrays and Trespassing Animals. 
 
 Sec. 128. Estrays defined. All horses, asses, mules, 
 and neat cattle found running at large within the corporate 
 limits of Ophir, the owner of which cannot, with reasonable 
 diligence be found, and all hogs running at large elsewhere 
 than upon the premises of their owner, are declared to be 
 estrays within the meaning of this chapter, and may be im- 
 pounded as such. 
 
 Sec. 129. Trespassing animals defined. All animals 
 including domestic fowls, mentioned in this chapter, which 
 shall be found trespassing upon the premises of others than 
 their owners, shall be deemed trespassing animals, and may 
 be impounded as such by the poundkeeper, or may be dis- 
 trained and delivered to the poundkeeper by any person up- 
 on whose premises they trespass or do damage. 
 
 Sec. 130. Pound establishment. A pound is hereby 
 established, and it shall be the duty of the board of trustees 
 to designate by resolution a safe and secure place for such 
 pound where all animals seized or taken up in pursuance of 
 this chapter may be impounded. Said pound shall be under 
 the control of the poundkeeper. 
 
 Sec. 131. Duty of poundkeeper. It shall be the duty 
 of the poundkeeper to receive and take care of all animals 
 
38 
 
 committed to his charge, and provide all necessary forage 
 therefor, and use due diligence to find the owners of such 
 animals, by examining the records of marks and brands, and 
 otherwise, and notify the owner if found. He shall receive 
 and file all public bills of damage duly presented, and enter 
 the amounts in the pound book, 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. 132. Animals received to be registered. The 
 
 poundkeeper shall register in the pound book all animals de- 
 livered to him for commitment, which registration shall set 
 forth when received, from whom, where found, amount of 
 damage done, kind of animal, approximate age, color, marks, 
 brands, and other such descriptions as may aid the owner 
 to identify his animal, a true copy of which the poundkeep- 
 er shall forthwith post up on the outside of the entrance of 
 such pound. 
 
 Sec. 133. Appraisal of damage. All damage done by 
 any animal trespassing, shall, upon request of the person 
 damaged, be forthwith appraised by some disinterested per- 
 son, over the age of 21 years, who may make a reasonable 
 charge for such services, and shall set forth in such apprais- 
 al, in writing, the time and place of damage, the amount of 
 damages, together with his charges, the name of the owner 
 of the animal, if known, the name of the person so damaged ; 
 also the kind and description of said animal ; which apprais- 
 al, if not paid by the owner, or if the owner be not found, 
 shall, together with the animal, be delivered to the pound- 
 keeper; provided, that if the owner deem the appraisal too 
 high, said owner may choose another appraiser, who, with 
 the first, may make a new appraisal, or when they cannot 
 agree, they two may choose a third, and the three may pro- 
 ceed to make a final appraisal, and said appraisers shall be 
 paid 20 cents per hour and 10 cents per mile one way, by 
 owners of such animals or if animal is sold, shall be deducted 
 from the proceeds thereof. 
 
 Sec. 134. Cattle running at large. It shall be unlaw- 
 
39 
 
 f ul for any owner of any cattle, horses, mules, sheep, goats 
 or swine to allow the same to run at large upon the highways 
 or commons within the limits of the town of Ophir; and 
 any such animals so found may be taken up by any person 
 and driven to the town pound. 
 
 Sec. 135. Rights of private persons. Any animal 
 found doing damage may be taken up by any person, and if 
 the owner cannot be found, or if found, shall refuse to pay 
 all costs and damages occasioned by said animal, it may be 
 taken within 24 hours to the town pound and delivered to 
 the keeper thereof, and may be held and sold as provided in 
 this chapter, unless previously redeemed. 
 
 Sec. 136. Detention of animals. It shall be unlawful 
 for any person other than the poundkeeper to take up and 
 retain any animal for more than twenty-four hours, under 
 the provisions of this chapter. 
 
 Sec. 137. Retaking animals unlawfully. Any person 
 who shall take any animal out of the possession of any one 
 lawfully holding the same under the provisions of this chap- 
 ter, either by stealth, force, or fraud, or who shall intercept 
 or hinder any person lawfully taking up or attempting to 
 take up such animals, is guilty of a misdemeanor. 
 
 Sec. 138. Sale of impounded animals. All animals re- 
 maining unclaimed three days from the time of commitment 
 shall be advertised for sale by the poundkeeper, once, in 
 some newspaper publised in the county of Tooele, and having 
 general circulation in the county, and by posting notices in 
 three public and conspicuous places in the town of Ophir, one 
 of which shall be at or near the post office, and shall deliver 
 a copy of the same to the town clerk. 
 
 Sec. 139. Redemption. The owner of any animal sold 
 under the provisions of this chapter may at any time with- 
 in ninety days from the date of such sale redeem such ani- 
 mals from the purchaser, or his assignee, having the same 
 in possession, upon paying to said purchaser or assignee, the 
 
40 
 
 sum for which such animal was originally sold, together 
 with ten per cent additional and a reasonable compensation 
 for the care and keeping of the same, and if no redemption 
 be made within ninety days after the date of such sale, then 
 such sale shall be absolute and shall vest the title of such 
 animals in the purchaser or his assignees. 
 
 Sec. 140. Disposition of proceeds of sale. The net 
 
 proceeds of the sale of all animals made in pursuance of the 
 perceding section shall be paid into the town treasury, sub- 
 ject to the order of the owner of the said animals, if applied 
 for within six months from the date of the sale ; if not ap- 
 plied for by the owner within that time, the treasurer shall 
 place the amount to the credit of the general fund of the 
 town. 
 
 Sec. 141. The poundkeeper shall be authorized to col- 
 lect, for his own use, the following fees : 
 
 For impounding and registering any of the following 
 animals, per head, 
 
 Cattle, horses and mules, 50c. 
 Calves, sheep, goats and swine, 25c. 
 For publishing, the actual cost thereof. 
 
 For selling said .animals as above provided, 10 per cent 
 of the purchase price. 
 
 For feeding and caring for animals, a reasonable com- 
 pensation, the same to be governed by the price of forage 
 and pasturing at the time thereof, all of which fees shall be 
 collected from the owners of said animals, or in case of sale 
 of said animals, said fees shall be deducted from the pro- 
 ceeds of said sale. 
 
 Sec. 142. Records. Quarterly reports. Settlement with 
 town. It shall be the duty of the poundkeeper to keep books 
 in which he shall keep an accurate account of all receipts and 
 disbursements and shall make a full and detailed report of 
 his proceedings to the trustees quarterly, stating thereto the 
 
 
41 
 
 number of animals impounded, the number of animals sold, 
 to whom sold, and the amounts received therefor, the 
 amounts received and paid for forage, advertising and sale, 
 and he shall pay over to the town treasurer all funds remain- 
 ing in his hands belonging to the corporation. 
 
 CHAPTER FOURTEEN. 
 
 Sec. 143. When Ordinance takes effect. That these 
 revised ordinances, contained in and comprising sections 
 numbered one to one hundred forty three, both inclusive, be 
 published in book form by authority of the board of trustees 
 and that the same shall be in effect on and after the 15th 
 day of November, A. D. 1917. 
 
 Passed by the town board of the town of Ophir, Utah, 
 this first day of October, 1917. Members of town board of 
 trustees present and voting in favor of said Ordinance 
 were: A. R. Tilt, P. C. Gillett, Charles Bracken, Geo. St. 
 Clair. 
 
 Members voting against said Ordinance: None. 
 
 A. R. TILT, 
 (Seal) Town Clerk. 
 
 GEO. ST. CLAIR, 
 President of Board. 
 
 ICROFT 
 
 IBRARY 
 
42 
 
 CERTIFICATE. 
 
 STATE OF UTAH, } 
 
 I ss. 
 County of Tooele J 
 
 I, A. R. Tilt, clerk of the board of trustees of the town 
 of Ophir, Utah, do hereby certify that the above and fore- 
 going is a full, true and correct copy of the original ordi- 
 nance, entitled: AN ORDINANCE REVISING AND COM- 
 PILING THE ORDINANCES OF THE TOWN OF OPHIR, 
 UTAH, passed on the 1st day of October, 1917, and that the 
 same is printed in book form by authority of the board of 
 trustees of the town of Ophir, Utah, and pursuant to a 
 resolution passed by said board on the 1st day of October, 
 1917, and that said Ordinance is to take effect on and 
 after November 15th, 1917, at twelve o'clock, noon. 
 
 IN WITNESS WHEREOF, I have hereunto set 
 my hand and affixed the seal of the town of 
 Ophir, Utah, this 1st day of October, 1917. 
 
 A. R. TILT, 
 
 (Seal) . Clerk. 
 
43 
 
 Index to Ordinances 
 
 Sec. 
 
 Accrued rights, not affected 3 
 
 Abusive language 65 
 
 Animals 
 
 running at, large (see estrays) 128 
 
 cruelty to 66 
 
 Assault and battery 67 
 
 Billiards and pool 
 
 license for 109 
 
 application for 110 
 
 minors prohibited Ill 
 
 disorderly conduct to be forbidden 112 
 
 soft drinks prohibited 113 
 
 hours to keep open 114 
 
 Bounderies of town 9 
 
 Bonded indebtedness, limit 32 
 
 Bonds, of officers 23 
 
 Cattle, running at large 134 
 
 Cemetery, destroying property in 71 
 
 Clerk, duties of 15 
 
 Claims 
 
 must be verified and itemized 27 
 
 improper, rejected 28 
 
 officers prohibited from presenting certain 29 
 
 warrants must specify claim 30 
 
 order of payment of warrants 30 
 
 clerk to certify warrants 31 
 
 Concealed weapons 68 
 
 Dances, certain unlawful 69-78 
 
 Defacing or destroying property 70 
 
 Destroying property in cemetery 71 
 
 Discharge of explosives 72 
 
 Disorderly house 73 
 
 Disorderly conduct in pool room 112 
 
 Disorderly assembly 74 
 
 Disturbing the peace ; 75 
 
 Disturbing public meeting 76 
 
 Dog fighting 79 
 
 Drunkenness .. .. 77 
 
44 
 
 Embezzlement 80 
 
 Estrays 
 
 defined 128 
 
 trespassing animals, what are 129 
 
 pound established 130 
 
 poundkeeper, duty of 131 
 
 fees of 141 
 
 records of 142 
 
 animals received to be registered 132 
 
 appraisal of damages 133 
 
 cattle running at large 134 
 
 rights of private persons 135 
 
 detention of animals 136 
 
 retaking animals unlawfully 137 
 
 sale of 138 
 
 redemption of , 139 
 
 disposition proceeds sale of 140 
 
 fees of poundkeeper 141 
 
 records of poundkeeper 142 
 
 Expectoration in public places 81 
 
 Exhibiting deadly weapons 82 
 
 Fast driving 99 
 
 False pretenses, refreshments by 85 
 
 False representations 86 
 
 False pretense, food by 87 
 
 Fighting 83 
 
 Fowls running at large 84 
 
 Food 
 
 sale of unwholesome, prohibited 61 
 
 putrid or unwholesome meat 62 
 
 swine fattened on unwholesome food 63 
 
 befouling water : 64 
 
 Fraud 88 
 
 Gambling (see offenses) 
 
 Health and quarantine 
 
 board of health 42 
 
 burial of the dead 43 
 
 contagious diseases 44 
 
 quarantine provisions 45 
 
 duty of physician 47 
 
 period of isolation and quarantine 48 
 
 when quarantine removed 49 
 
 children excluded from school, when 50 
 
 exclusion from public meetings, when 51 
 
 duties of parents 52 
 
 disinfection after death or recovery .. .. 53 
 
 
45 
 
 sec 
 
 sale of milk, prohibited when 54 
 
 disinfection in cases of typhoid fever 55 
 
 duty of physician 56 
 
 jurisdiction beyond town limits 57 
 
 board may adopt regulations 58 
 
 penalty for violation 59-60 
 
 Health officer | 20 
 
 Horses not hitched 94 
 
 Intoxicating liquors 106-108 
 
 Interfering with officer 95 
 
 Justice of the peace, duties, etc 21 
 
 Liability of employers and agents 6 
 
 Licenses 
 
 doing business without, unlawful 34 
 
 fee to be paid first 35 
 
 application for, record 36 
 
 what to contain 37 
 
 not assignable 38 
 
 rebate 39 
 
 period of 40 
 
 amount to be paid for: 41 
 
 (a) merchant 41 
 
 (b) confectionery, soft drinks 41 
 
 (c) soft drinks 41 
 
 (d) butchers 41 
 
 (e) peddlers 41 
 
 (f) solicitors 41 
 
 (g) livery stable keepers 41 
 
 (h) moving picture shows 41 
 
 (i) hotels 41 
 
 (j) rooming houses 41 
 
 (k) amusement halls 41 
 
 (1) drug stores 41 
 
 (m) slot machines 41 
 
 Marshal, duties 17 
 
 Minors 
 
 sale of tobacco to 96 
 
 not to purchase tobacco 97 
 
 not to enter pool room Ill 
 
 Misdemeanors, (see offenses) 
 
 Nuisance 
 
 public 115 
 
 garbage 116 
 
 privy vaults, etc 117 
 
46 
 
 SEC 
 
 slaughter houses, etc 118 
 
 unclean drain 119 
 
 refuse 120 
 
 manure ... 121 
 
 dead animals 122 
 
 removal 12J> 
 
 what deemed ... 124 
 
 notice to abate 125 
 
 duty of health officer 126 
 
 penalty 127 
 
 Obscene literature and conduct 98 
 
 Offenses 
 
 abusive language 65 
 
 animals, cruelty to 66 
 
 assault and battery 67 
 
 concealed weapons 68 
 
 dances, certain unlawful 69-78 
 
 defacing or destroying property 70 
 
 defacing property in cemetery 71 
 
 discharge of explosives 72 
 
 disorderly house 73 
 
 disorderly assembly 74 
 
 disturbing the peace 75 
 
 disturbing public meeting 76 
 
 drunkenness 77 
 
 dog fighting 79 
 
 embezzlement 80 
 
 expectoration in public places 81 
 
 exhibiting deadly weapons : 82 
 
 fast driving 99 
 
 fighting 83 
 
 fowls running at large 8* 
 
 false pretenses, refreshments 85 
 
 false representations 86 
 
 false pretenses, food by 87 
 
 fraud 88 
 
 gambling , 89 
 
 unlawful to play at 90 
 
 unlawful to keep house for 91 
 
 slot machines 92 
 
 penalty 93 
 
 horses not hitched 94 
 
 interfering with officer 95 
 
 tobacco, sale to minors 96 
 
 tobacco, minors not to purchase 97 
 
 obscene literature and conduct .. .. 98 
 
47 
 
 SEC 
 
 ordinances, tearing down _ _ 100 
 
 larceny 101 
 
 prostitution _ 102 
 
 riot 103 
 
 vagrancy _ 104 
 
 penalty 105 
 
 Officers 
 
 elective 10 
 
 appointive : 11 
 
 president of board 12 
 
 president pro tern of board 13 
 
 trustees ,duties of 14 
 
 clerk, duties of 15 
 
 treasurer, duties of 16 
 
 marshal, duties of _ 17 
 
 policemen, how appointed 18 
 
 supervisor of streets 19 
 
 health officer 20 
 
 Justice of the Peace 21 
 
 committees of board of trustees 22 
 
 oaths and bonds of 23 
 
 bonds of, how approved 24 
 
 salaries of 25 
 
 salaries, how paid _ 26 
 
 Ordinances 
 
 how referred to 1 
 
 repeal of existing 2 
 
 effect of repeal 3 
 
 rules of construction of 4 
 
 penalty for violation of _ 5-105 
 
 enacting clause 7 
 
 how enacted 7 
 
 when take effect 7 
 
 revised, when to take effect 143 
 
 tearing down, prohibited 100 
 
 Penalty for violation of ordinances 5 
 
 Petit larceny 101 
 
 Policemen, how appointed 18 
 
 Pound, estray (see estrays) 
 
 President of board 12 
 
 Prostitution 102 
 
 Riot , 103 
 
 Salaries, amount 25 
 
 how paid .. 26 
 
48 
 
 SEC 
 
 Seal, description of 8 
 
 Slot machines 41-92 
 
 Soft drinks, license for sale of (see licenses) 
 
 not to be sold in pool room 113 
 
 Supervisor of streets 19 
 
 Tobacco, sale to minors 96 
 
 minors not to purchase 97 
 
 Trespassing animals (see estrays) 
 
 Treasurer, town 16 
 
 Vagrancy 104 
 
 Warrants, order of payment 30 
 
 must specify liability 30 
 
 clerk certify within debt limit 31 
 
 findings of trustees protect clerk 33 
 
 Water, befouling 64 
 
 Press of the Bulletin, Tooele, Utah.