Hi ■ h.'", 1 ■ |!ili. 'liP .iliiiil : THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES (\-J^ — {^^^^x^^^^^^^^'^-^"-*/' y 4 2 M THOMAS' Revised Ordinances OF THE City of Omaha nebraska EMBRACING ALL ORDINANCES OF A GENERAL NATURE IN FORCE AUGUST 1 1905, TOGETHER WITH THE CHARTER FOR METROPOLITAN CITIES. Compiled and Revised B. F. THOMAS. Of the Omaha Bar. PUBLISHED BY AUTHOIUTY OF THi; CITY COUNCIL OF THK CITY OF OMAIIA m:uhaska. 1905 I :y u / l^ PREFACE. In preparation of these revised ordinances of the City of Omaha, it has been necessary to examine all ordinances passed since 1872, that is, since the date of the John P. Bartlett revision. That revision, wdth a few expressed exceptions, repealed all general ordinances then in force. Twice since its issue the ordinances of the City have been published in book form, once in the compilation of Hon. Champion S. Chase in 1881 and once in the compilation of Hon. W. J. Connell in 1890. Thoroughly, however, as the editorial work was done on these two volumes and although each was issued under authority of the council, yet, unfortunately, neither was pubhshed as a revision expressly repeahng all other ordinances. Neither, therefore, became a substitute for the then existing law of the City. Its authoritative law still remained unpublished in any collected and classified form. Under authority of the Mayor and Council preparatory to the pubHcation of the present book as a revision of the ordinances of Omaha, the ordinances herein, excepting some certain specified classes, have been brought into conformity with the present law of the State and into consistency with one another. This publication covers all general ordinances passed and approved up to and including August 1st, 1905. It comprises general ordinances only. It does not contain franchises conferred upon particular persons or companies, contracts of the City, ordinances naming, or changing the names of streets; nor im- provement district, special assessment, or other special ordinances. In the appendix wiil he found the names of streets given since the original platting, together with changes of names. The work of examination of over 5,500 ordinances, in itself, is on(! of no inconsiderable magnitude, bul, in ar and caic in (liescieclion •> r.'' >/* «r>t> 4 PREFACE. of ordinances of a general nature and in harmonizing conflicting ordinances without legislating. It is hoped that this publication may serve a useful end as the basis for future city legislation. I am indebted to E. C. Page, of the Omaha Bar, who was a co-laborer in this work, for valuable assistance and suggestions. To his learning and experience much credit is due. It is likewise a pleasure to publicly express appreciation of the efficient ser- vice rendered by Carl E. Herring of the Omaha Bar. B. F. THOMAS, Omaha, August 1st, 1905. CONTENTS. Chapter. I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. x.w. XXVI. XXVII. XXVIII. XXIX. XXX. XXXI. XXXII. XX.XIII. XXXfN'. XXXV. XXXVI. XXXVII. X.XXVIII. X X XIX. XI.. \\A. XI>11. Page. Additions 97 Animals running at large 102 Artifical stone, construction of 112 Attorney 113 Auctions and Auctioneers 115 Automobiles H'^ Bankrupt stocks, sales of 121 Bank of eartli and stagnant water 122 Barbers 1-1 Bicycles 130 Bill posting 131 Board of education, quarters of 133 Boilers and boiler inspector 134 Buildings 143 Byron Reed Bequest 176 Cemeteries , 1'9 Circuses, theatres and shows 180 City abstracter 184 City clerk 185 Cit}' council 186 City physician. 187 Claim agent, city 187 Coal and coal dealers 1 88 Combustil)les 192 Comptroller and treasurer 196 Corporate limits 201 Curfew 204 Driving stock 206 Elections 208 Elevators 212 216 219 220 221 223 223 224 225 226 227 230 233 Employment agencie? Fines, remission of by mayor Fire hydrants. . Fire limits Fire and police commi.ssion, clerk of. Fires, prevention of Fire reporter. Fisli, sale of. . Gas maimfacturiiig. . CJas inspector. Hauling diri . Hitfliiiig posts and rings. . 6 CONTENTS. Chapter. Page. XLIII. House moving 235 XLIV. Ice 240 XLV. Junk dealers 241 XLVI. Library 244 XLVII. Licenses, doing business without 248 XLVIIL License inspector , 249 XLIX. Liquor license 2.51 L. Livery stables 257 LI. Lunch wagons. 258 LII. Market and Market houses 260 LIII. Milk, venders of 265 LIV. Misdemeanors 268 LV. Morphine 303 LVI. Municipal year 304 LVII. Officers, removal of 305 LVIII. Parks 308 LIX. Park commissioners 311 LX. Pawnbrokers and chattel loan brokers 313 LXI. Peddlers 316 LXII. Plumbers 318 LXIII. Police 341 LXIV. Police court clerk 346 LXV. Police judge 348 LXVI. Prisoners 350 LXVII. Produce, sale of 351 LXVIII. Railroads 352 LXIX. Real estate 360 LXIX. Runners 364 LXX. Sanitary 367 LXXI. Scales in streets 404 LXXII. Seal of city 406 LXXIII. Second hand dealers 407 LXXIV. Shooting galleries 410 LXXV. Sidewalks 411 LXXVI. Slaughter houses 422 LXXVII. Slot machines 423 LXXVIII. Spitting an sidewalk or in public conve5-ances. 426 LXXIX. Stationary engines 427 LXXX. Streets . . '. 429 LXXXI. street cars and steam cars 455 LXXXII. Street commissioner 457 LXXXIII. Street sales and exhibitions 460 I-XXXIV. Street railways 463 LXXXV. Street sprinkling and other regulations 474 LXXXVI. Supplies, purchase by city 476 LXXXVII. Superintendent cit}- hall 477 LXXXVIII. Surveyors 478 LXXXIX. Taxes, set off against claims 480 CONTENTS. Chapter. Page. XC. Telegraph, telephone and electric wires 481 XCI. Ticket brokers 502 XCII. Trancient dealers 505 XCIII. Variety shows 506 XCIV. Vehicles 508 XCV. Veterinary surgeon and meat inspector 527 XCVI. Viaducts 529 XCVII. Voting precincts 530 XCVIII. Wards, boundaries 546 XCIX. Weighers 552 C. Weights and measures 555 CI. Witnesses before council 562 City Charter 10 CITY CHARTER. shall be divided into election precincts for the purpose of reg- istration and election. Section 4. Within sixty (60) daj^s after the passage of this act the city council shall divide such city into twelve (12) wards and such election precincts as may be necessary. No further division or change of boundaries shall be made of said wards or election precincts unless ninety days or more prior to any general or city election, Councilmen from each of said wards shall be elected at the next election of city officers. Section 5. The mayor and council shall have power to provide for the election of city officers and to prescribe the manner of conducting the same, and the returns thereof, and the registra- tion of voters, and for deciding contested elections in any manner not in conffict with the laws of the state or the provisions of this act. Section 6. The first city election in all cities governed by this act shall be held on the first Tuesday in May 1906, and all suc- ceeding general city elections every three years thereafter. The officers to be elected at such election shall be mayor, cit}^ attorney, building inspector, city clerk, comptroller and councilmen. , They shall each and all be elected by a plurality of all votes cast at said election for such officers respectively, and shall, when properly qualified, hold their offices for three years from the third Monday succeeding their election, and until their successors shall be elected and qualified. Other officers shall be elected at such times and for such terms as may be provided by law. Section 7. At all elections authorized by this act, the polls shall be opened at such place in each election district as may be designated by the mayor or as fixed by ordinance, and they shall be kept open between the hours specified by law for general, state and county elections and shall be conducted in accordance with the provisions of such law. The quahfication of electors in each ward shall be the same as is required for electors in pre- cincts under the laws of the state. All election returns shall be canvassed by the council at eight o'clock P, M, on the first Thurs- day after each city election. The city clerk shall deliver certifi- cates of election to each person found to be elected. Section 8. At all general elections in cities of the metropolitan class the judges and clerks of such election shall each receive for CITY CHARTER. 11 their entire services at such elections the sum of three ($3.00) dollars. At all special elections in an}^ such city the judges and clerks of such election shall each receive for their entire services at such election, the sum of three ($3.00) dollars, the same to be paid by the city, county or board of education submitting the proposition or propositions to be voted upon at such election. Section 9. The city council shall consist of one member from each ward, to be chosen by the quahfied electors of the entire city by a plurality of votes. Each councilman must be a free- holder in the city and an actual resident of the ward from which he is chosen. Section 10. On the third Monday following the election the councilmen shall assemble and organize the council by electing one of their number president, whose duty it shall be to preside at all meetings of the council, and they shall elect one of their number temporary president, whose duty it shall be to preside in the absence of the president. The president or temporar}^ president, when occupying the office of mayor, shall have the same rights and privileges as other members of the council. Section 11. The council shall hold regular meetings on Tues- day of each week except in case of adjournment to a different date. Two thirds of all the members elected to the council shall constitute a 'quorum for the transaction of any business but a less number may adjourn from time to time and compel the at- tendance of absent members in such manner and under such penalties as may be provided by ordinance. Section 12. The mayor or any five councilmen shall have power to call a special meeting of the council, the call for said meeting shall be filed with the city clerk and the said clerk shall forthwith cause to be served upon each member of the city coun- cil a notice of said special meeting. The notice shall be served as summons is served in civil cases, and the return of service by the clerk shall show the time and manner of service. The signing of said call or appearance at said meeting by the council- men shall be a waiver of the service of said notice. Section 13. Every member of the city council or of any com- mittee thereof to whom any matter shall be referred shall report thereon within not to exceed thirty (30) days from the date of reference. Failure to so report, excepting on account of sickness, shall be regarded as neglect of duty, and subject such member. 12 CITY CHARTER. upon conviction thereof, to a fine of not to exceed fifty dollars ($50.00) for each and every day he shall neglect to make such report. It shall be the duty of each councilman to attend each regular meeting and each day that the council sits as a board of equahza- tion. Each councilman who is absent from any of such meetings shall forfeit to the city the sum of ten dollars for each absence and said sum shall be deducted from the warrants issued for the monthly salary of such councilman. Provided the council may grant a leave of absence prior to any of said meetings and may at the next regular meeting excuse any such absence on the ground that the councilman was ill or was necessarily and unavoidably detained at the time of such absence. The journal of the council shall be conclusive evidence of such absence or excuse or leave of absence. It shall be the duty of the city clerk to certify to the comptroller on the first day of each month the name of each councilman absent during the prior month from any of such meet- ings of the council without leave or excuse granted as aforesaid and the number of meetings absent, and it shall be the duty of the comptroller to deduct the sum of ten ($iO.OO) dollars for each such absence from the monthly salary warrant of such councilman. Section 14. The cou2icil, or any committee of the members thereof, shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding oflficer of the council or the chairman of such com- mittee for the time being, may administer the requisite oaths, and such council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice. Section 15. The enacting clause of all ordinances shall be as follows: ''Be it ordained by the city council of the city of .... " All ordinances of the city shall be passed pursuant to such rules and regulations as the council may prescribe; Provided, That upon the passage of all ordinances the '.'yeas" and "nays" shall be entered upon the record of the city council j and a majority of the votes of all the members of said council shall be necessary to their passage; Provided, further, That no ordinance shall be passed the same day, or at the same meeting it is introduced, nor within one week thereafter, except the general appropriation ordinances for salaries or wages. Section 16. No ordinance granting extending or modifying the conditions of any franchise shall be passed until at least two weeks shall have elapsed after its introduction, nor until after CITY CHARTER. 13 the same has been piibhshd daily for two weeks in two estab- Hshed daily papers of the city. No new franchise shall hereafter be granted, nor any extensions of franchise heretofore granted, be lawful unless an annuity to the city be provided, based upon either a fixed reasonable amount per year, or a percentage on the gross earnings of the owners of said franchise, nor until a proposition for the same has been submitted to a vote of the electors of the city at a general city election, or a special city election called for that purpose, and to carry such a proposition it shall require a majority of the electors voting on such propo- sition. Section 17. All ordinances of the city may be proven by a certificate of the clerk under the seal of the city, and when printed or published in a book or pamphlet form, and purporting to be pubhshed or printed by authority of the city council, shall be read and received in all courts and places, without further proof. SALARIES AND FEES. Section 18, The several officers herein named shall receive the following compensation and they shall give bonds for the faithful and honest discharge of their duties in the amounts here- in specified: Salary Bond to per annum be given Mayor $3,000.00 $5,000.00 City Comptroller 3,000 . 00 25,000 . 00 City Clerk 2,500.00 5,000.00 Chief of Police 2,500.00 5,000.00 City Attorney 3,500.00 5.000.00 A.ssistant City Attorney 2,000 . 00 3,000 . 00 City Prosecutor 1 ,200 . 00 1,000 . 00 City Engineer 3,000 . 00 10,000 . 00 Assistant City Engineer 2,000 . 00 3,000 . 00 Building Inspector 1,800.00 2,000.00 Health Commissioner 2,000.00 1,000.00 Each Councilman 1.500.00 5.000.00 City Electrician 1,800.00 3,000.00 Plumbing Inspector 1 ,200 . 00 1 .000 . 00 Boiler Inspector 1 ,200 . 00 1 ,000 . 00 Chief of Fire Department 2,500.00 5,000.00 First A.sst. Chief of Fire Do[)artiiKMit 1,S00.00 3.000.00 Second A.sst. Chief of Fire I)c|);irtiii('iit 1,500.00 2,000.00 14 CITY CHARTER. Section 19. Each policeman and fireman hereafter appointed shall receive the following compensation : For the first six months service the sum of fifty dollars per month ; for the second six months service fifty-five dollars per month; for the third six months service sixty dollars per month; for the fourth six months, sixty- five dollars per month; for the fifth six months, seventy dollars per month; for the sixth six months seventy-five dollars per month, , after three years continuous service they shall receive the sum of eighty dollars per month. Each captain of the police and fire departments shall receive not less than ninety dollars per month and not more than one hundred and ten dollars per month, to be fixed by the board of fire and police commissioners. Each officer of the police and fire departments and each engineer of fire engines under the rank of chief or assistant chiefs or cap- tains shall receive the sum not exceeding ninety dollars per month, to be fixed by the board of fire and police commissioners. No policeman shall be allowed fees as a witness in any criminal case tried in any court of this city, nor shall any officer or employe of the city be allowed any fees as witnesses for the city in any civil or criminal case. Section 20. Each member of the board of fire and police com- missioners appointed by the governor shall receive the sum of eight hundred ($800.00) dollars per j^ear for their services as com- missioners and as members of the license board. Said sum shall be paid out of the police fund and shall be full compensation for their services as members of such boards. Section 21. The compensation or salary of all officers and agents of the city not herein specified, shall be fixed and deter- mined by ordinance, and shall not be increased or diminished during the term for which such officer or agent shall be appointed. Section 22. No officer shall, directly or indirectly, be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein take or re- ceive therefor, directly or indirectly, any further or greater com- pensation for such services, than is provided as aforesaid. All claims of employes or appointees for extra compensation over- time or traveling expenses shall be presented as a claim against the city and shall not be included in the salary appropriation ordinances. Provided: That any officer may perform the duties of any other officer, but in such case he shall be entitled CITY CHARTER. 15 only (except in the case of the president of the council when act- ing as mayor) to the compensation of that office to wliich the greater salary is attached. Section 23. If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, the same shall constitute malfeasance in office and be deemed a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thousand dollars (S1,000.00), or be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him. Section 24. On Monday of each week, each department and board shall certify to the Comptroller his pay-roll of day laborers employed during the preceding week and the comptroller shall audit said pay-rolls and prepare the necessary appropriation ordinance for the payment of such laborers. Such ordinance shall be presented to the council on the following Tuesday and may be passed at the same meeting. On the passage of such appropriation ordinance the comptroller shall issue warrants to such laborers. MAYOR. Section 25. The mayor shall be the chief executive officer and conservator of the peace throughout the city, and shall have power by and with the concurrence of the board of fire and police commissioners, to appoint any number of special policemen which he may deem necessary to preserve the peace of the city, and to dismiss the same at pleasure. He shall have such jurisdiction as may be vested in him by ordinance over all places within three miles of the corporate limits of the city, for the enforcement of any health quarantine ordinance, or regulation thereof. Section 26. The mayor shall have power by and with the con- sent of a majority of the entire council to appoint all officers that may be deemed necessary for the good government of the city, unless otherwise provided for in this act; and he shall have power in hke manner to remove from office, by and with the consent of the council, any person or persons so by him appointed thereto, and in like manner to fill vacancies in offices so creatcMl when not otherwise specially provided for in this act. 16 CITY CHARTER. Section 27. He shall have the superintending control of all the officers and affairs of the city, except when otherwise specially provided. He may, when he deems it necessary, require any officer of the city to exhibit his accounts, or any other papers, and to make report to the council in writing, touching any sub- ject or matter he may require, pertaining to his office. He shall, from time to time, communicate to the city council such infor- mation and recommend such measures as in his opinion may tend to the improvement of the finances, police, health, security, orna- ment, comfort and general prosperity of the city. He shall be active and vigilant in enforcing all laws and ordinances of the city, and shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. He shall give written notice to the city clerk of his intended absence before leaving the city. Section 28. Every resolution adopted, or contract approved, by the city council, appropriating or involving the expenditure of money, and every ordinance passed by the city council, shall, within forty-eight hours after the action of the city council, be presented to the mayor for his approval, and he shall have at least three days thereafter for the consideration thereof. If he approves the resolution, contract or ordinance, as the case may be, he shall sign the same and return the same to the city clerk, and so report to the council at the next regular meeting after the expiration of the time herein limited. If he does not approve the same he shall return the same with his objections in writing to the city council at its next regular meeting, after the expiration of the time herein Hmited. When any ordinance, contract or resolution shall be returned without the approval of the mayor, the council shall thereupon, before entering upon any other busi- ness, and before adjourning, consider whether the same shall be approved, notwithstanding the objections of the mayor. If two- thirds of aU the members elected shall vote in the affirmative, such ordinance, contract, or resolution, shall be considered ap- proved, and shall take effect and be valid in the same manner and with like force as if it had received the approval of the mayor ; and should the mayor fail, neglect, or refuse to approve any ordi- nance, contract or resolution, or return the same with his objec- tions in writing within the time herein limited, the same shall take effect and be valid in the same manner and with Hke force as if approved by him. The mayor may veto an appropriation CITY CHARTER. 17 ordinance or any single item in any such ordinance, and if such item be not passed over liis veto, such item shall be stricken out and shall not be paid by the city. Section 29. When any vacancy shall happen in the office of mayor by death, resignation, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall be ex-officio mayor and shall have all the rights, privileges, powers and salary of the mayor until such vacancy be filled, but during said time he shall receive no salary as councilman, in case of disability, sickness or absence of the mayor, the presi- dent of the city council shall perform the duties of the mayor and shall receive his salary as councilman and a sum equal to one half of the mayor's salary. Section 30. The treasurer shall be collector of taxes for the city. He and his sureties shall be liable on his bond for the safe keeping of all public funds collected or received by such treasurer, and for all taxes and assessments not collected by him according to law, whenever such taxes or assessments remain uncollected by him, by reason of any neglect of duty, want of due diligence, or failure on his part to comply with the laws and ordinances relating to the collection of taxes. The treasurer shall be in- eUigible to office for more than two consecutive terms. Section 31. The powers, rights, duties and proceedings of the city treasurer and of such deputies as he may appoint shall in all respects, as far as applicable, and except as herein other- wise provided, be the same in respect to the collection of muni- cipal taxes and assessments as those of the county treasurer in Hke cases with reference to the collection of county taxes. The city treasurer shall receive all moneys belonging to the city, and shall keep his books and accounts in such manner as the mayor and city council may prescribe; and such books and accounts shall he always subject to inspection of the mayor, comptroller, members of the council, and such other officers or agents as they may de.signate. He shall give every person paying money into the city treasurer a receipt and keep the duplicate thereof, speci- fying the date of payment, and upon what account paid, and he shall also file copies of such receipts with the comptroller on the same day of the receipts thereof. Section 32. The treasurer shall at the end of each month, and oftener if required, render an account to the mayor, city council 18 CITY CHARTER. and comptroller, showing the state of the treasury at the date of such account and the balance of money in the treasury, and particularly showing the several balances to the credit of each fund on account of which bonds may have been issued. He shall also accompany such account with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the the comptroller and filed with his said account in the comptroller's office upon every day of such settlement. He shall return all warrants paid by him, stamped or marked "paid" and shall give a list of such warrants, stating the number and amount of each. The treasurer shall register by making a brief descriptive record thereof, all warrants presented for payment and not paid for want of funds ; and whenever funds accrue in his hands sufficient to take up and pay any warrant so registered, he shall give notice thereof, describing said warrant or warrants, by public advertise- ment for three days, and thereafter from the date of said notice, all interest upon said warrant or warrants so advertised shall cease and determine. Section 33. All fines, penalties and forfeitures collected for offenses against the ordinances of the city, or for misdemeanors against the laws of the state, committed within the city, shall, unless otherwise provided by law, be paid by the person receiving the same to the city treasurer, and any person receiving such fines, penalties and forfeitures, who shall fail to pay the same over as above provided, within thirty daj'^s after the receipt of the same by him, or within ten days after being requested by the mayor so to do shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not to exceed one thousand dollars and imprisonment not to exceed six months in the county jail. Such person shall be guilty of malfeasance in office and shall be removed from office. It shall be the duty of the comptroller to audit the accounts of all such officers at least once each month and to approve or disapprove their reports. Section 34. The treasurer shall keep all money in his hands belonging to the city and school district of the city separate and distinct from each other and from his own moneys; and he is here- by expressly prohibited from using any such money, or any war- rants or other securities in his custody, or receiving any interest thereon, either directly or indirectly for his own use or benefit, CITY CHARTER. 19 or for the use or benefit of any other person or corporation except said cit}^ or the school district therein. Any violation of this provision or an}- violation of the provisions of this act shall sub- ject him to immediate removal from office by the city council, who are hereby authorized to declare such office vacant; and the mayor, with the consent of the city council, shall appoint a suc- cessor, who shall hold his office for the remainder of the term unexpired • of such officer so removed. All interest on moneys of the city shall be reported by the treasurer to the city council and comptroller, and be carried into the sinking fund of such city, and all interest on moneys of the school district shall be reported to the board of education and placed to the credit of the school fund. Provided, interest on the water fund shall be placed to the credit of the water fund. Section 35. In all cities governe dby this act, the county treas- urer of the county in which such city is located, shall be ex-of- fico city treasurer of such city. He shall have and exercise all the authority and powers and perform all of the duties of the city treasurer as defined and required by this act and the ordinances of such city, and wherever the words "city treasurer" occur in this act they shall be held to apply to and include the county treasurer as ex-officio city treasurer of said city. The said county treasurer shall be vested with the powers and duties of the city treasurer as herein and by ordinance defined on and after the first Thursday after the first Tuesday in January, 1906, and be- fore entering upon the duties of said office, shall qualify as ex- officio city treasurer at the same time that he qualifies as county treasurer and shall give a bond to such city in the sum of not less than two hundred thousand ($200,000.00) dollars, conditioned for the faithful discharge of the duties of city treasurer as pre- scribed in this act. Said bond shall be given with two or more surety or guarantee companies and the cost thereof shall be paid from the general funds of the city. Provided, that it shall be the duty of the county treasurer of every such county to col- lect for such city all the general city taxes for such city levied by the county commissioners of any such county as in this act pro- vided falling due and collectible between the taking effect of this act and the first Thursday after the first Tuesday in January, 1906 and turn the same over as collected to the city treasurer; but on and after said last named date such transfer of city funds collected by such county treasurer shall cease and thereupon such 20 CITY CHARTER. county treasurer shall be and become the custodian as well as the disbursing officer of any such city and the collector of all general and special taxes and assessments of such city and all fines, licenses and every other form of taxes or income of such city and upon said last named date the city treasurer of such city shall turn over to such county treasurer as ex-officio city treasurer of such city and as his successor in office, all moneys, books, funds, records and papers in, or in any manner pertaining to, the office of city trea- urer and ex-officio treasurer of the board of education of the school district of any such city. The county in which such city is located shall receive as full compensation for the collection and disbursement of all funds of the city and the expenses thereof, an amount equal to one per cent of the amount collected. Such amount shall be paid to the county out of the general funds of said city and shall be payable monthly. No other compensation or expenses or salary shall be paid by such city to such county or to any county officer or employe for the collection or disbursement of taxes, assessments or revenues of the city, except the sum of one thousand dollars (S 1000.00) per annum which shall be paid to the county treasurer as additional salary and shall be paid c^uarterly. Provided, that no compensation shall be allowed upon the amount of money turned over to the county treasurer, as ex-officio city treasurer, by the city treasurer or any city officer nor upon the proceeds of the sale of any bonds issued and sold by the city. Provided further that no compensation shall be allowed the county upon any money collected by the County Treasurer as ex- officio treasurer of the Board of Education. The incumbent of the office of City Treasurer at the time of the taking effect of this act shall, from said last named date until the expiration of his term in May, 1906, assist in the collection of personal taxes and perform such other duties as may be required by ordinance, and shall pay over all moneys collected by him to the said County Treasurer and shall receive the same salary as provided for said office in the laws hereby repealed. Section 35a. In all school districts in metropolitan cities, the city treasurer of such city shall be ex-officio treasurer of the Board of Education. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay school money only upon a warrant signed by the president, or in his absence CITY CHARTER. 21 by the vice-president, and countersigned by the secretary. He shall give bond, payable to the Board of Education, an amount equal to the sum that may be in his possession at any one time, of moneys belonging to or under control of the Board of Education, but such sum shall not be less than the maximum sum that may be in his posession at any time of moneys belonging to or under the control of the Board of Education and said bond shall be signed by one or more surety companies of recognized responsibility, and the cost of which bond shall be paid by the school district. Section 36. The comptroller shall act as the general accountant and fiscal agent of the city, and shall exercise a general super- vision over all officers of the city charged in any manner with the receipt, collection or disbursement of the city revenue. He shall be a competant book-keeper and accountant, and it shall be his duty, under the direction of the mayor and city council, to keep a complete set of books, showing the balance in each fund, and the cash in each fund and such other accounts as disclose the finances of the city. He shall keep full, clear, correct and separate account daily of all revenue, cash or other funds and incomes of the city, and of all disbursements. He shall keep accounts between the citv and the officers of the citv includino- the water board and between the city and all contractors or other persons doing work or furnishing material for the city. He shall also keep a regular and accurate account of the debit and credit with the city treasurer, charging said treasurer with the amount of taxes levied on the assessment roll, and giving him credit for all duphcate receipts furnished with his statements, and keep an account in like manner with said treasurer whenever assessments or appropriations are made, and expenditures ordered for any special object. He shall carefully examine and check all the reports of the city treasurer, and county treasurer as ex- ofiicio city treasurer and communicate to the city council as soon thereafter as practicable, the result of such examination; and he shall also carefully examine each month the account, statement and vouchers required by law to be rendered at the end of each month by any city officer or appointee, making from time to time such reports to the city council concerning such account and statement as may seem necessary and proper. He shall keep a record of the bonds issued by the city, the cash received therefor, and of the payment and cancellation of all bonds of the city, and shall see that all bonds, upon payment thereof, are properly cancelled and destroyed. He shall prepare all ap- 22 eiTY CHARTER. propriation ordinances. He shall perform such other duties as may be required by this act or by ordinance, and he shall devote his entire time to the duties of his office. He shall audit the books of 'the county treasurer as ex-officio city treasurer in the same manner and keep accounts with the county .treasurer of all money collected for such city and make reports of the same monthly to the city council. Section 37. The comptroller is hereby authorized and em- powered to appoint one deputy, to be paid by the city, but for whose acts and doings said comptroller shall be responsible. And during the absence, disabihty or inability to act as said comp- troller said deputy is hereby authorized to do and perform any and all acts that might by such comptroller be done and performed if present. Such appointment shall be in writing and the same shall be reported in writing to the city council by the comptroller. Section 38. The city clerk shall have charge of the records of all council proceedings, city ordinances and documents per- taining to the concurrent action of the mayor and city council, except as herein otherwise provided. He shall receive all official communications, or petitions addressed to the council or mayor and council. It shall be his duty to attend all city council meet- ings, both as a council and as a board of equahzation, and to make true and accurate minutes of all proceedings had thereat, taking down the yea and nay votes on all questions requiring votes by roll call, he shall prepare and cause to be published all notices of the sitting of the council as a board of equalization. He shall keep a full record of the names of all members of the council in attendance at each council meeting, and each meet- ing of the board of equalization, and note in such record the names of absentees when each vote is taken on all questions voted on. The clerk shall devote his entire time during business hours to the duties of his office, and perform all the duties required by this act, together with such other duties as the city council shall require of him. He shall issue all Hcenses and shall collect all license fees and pay or cause such fees to be paid to the city treas- urer in such manner as may be provided by ordinance. Section 39. The city clerk is hereby authorized and empowered to appoint one deputy to be paid by the city, but for whose acts and doings said city clerk shall be responsible. During the absence or disability of said city clerk said deputy is hereby authorized to do and perform any and all acts that might by said city clerk be done and performed if present. GITY CHARTER. 23 Section 40. The city attorney shall attend to all cases, except in the police court, and appeal cases therefrom, wherein the city may be a party, plaintiff or defendant, or a party in interest; to advise the city council, the head of any department, or any com- mittee of the city council, in writing when required as to all legal questions that may arise before them; to advise the mayor and all other officers in relation to their duties, and from time to time make such reports in relation to the suits in which the city is interested as may be required by the mayor or city council, and to perform such other duties not inconsistent with the duties imposed by this act, as by ordinance may be directed. In all cases wherein any special interest of the city attorney or his as- sistant may be effected, it shall be the duty of such attorney to notify the mayor and council of such fact, and thereupon another attorney shall be assigned to represent the interests of the city in such case. If the city attorney shall purposely conceal such personal interest and proceed with such case to the detriment of the city, such procedure shall be considered a misdemeanor, and on conviction thereof before the city council, such attorney shall be removed from office, and in such case the court shall grant a new trial. Section 41. The assistant city attorney shall be appointed by the city attorney and shall assist the city attorney in the trial of all cases in which it is the duty of the city attorney to engage, and to perform such other official duties as may be directed by the city attorney. He shall during the absence, sickness or in- ability of the city attorney, perform the duties of the city attorney ; he may apjjear and assist the city prosecutor in the trial of any case in the police court, when deemed advisable by the city at- torney; and he shall perform such other duties as may be prescribed by ordinance. Section 42. The city prosecutor shall attend all sessions of the police court, file and prosecute all criminal complaints against persons charged with the violation of the ordinances of the city, or laws of the state, within the final jurisdiction of the court. He shall be active and vigilant in the enforcement of all ordinances of the city, and shall cause all violations of the ordinances of the city to be prosecuted, and he shall attend to all cases on appeal from the police court. In case of sickness, absence or inability to attend to such appeal cases, his duty shall devolve upon and be performed by the assistant city attorney. 24 CITY CHARTER. Section 43. The city engineer shall be a competent civil engi- neer of not less than five years experience. The mayor's appoint- ment shall be accompanied with an abstract of the works designed, carried out or supervised by such appointee, or upon which he has been engaged. He shall make all necessary surveys, plans, speci- fications and estimates of all public works of the city and their maintenance arid repairs subject to change modification approval or rejection by the mayor and city council as they may decide or direct except as otherwise provided in this act. The city engineer shall make all partial and final estimates of public work under contract, and report the same to the mayor and city council for approval. The engineer shall have charge of the permit de- partment for the opening of streets, and shall keep a record of all work of said nature. He shall prepare plans for all sewer con- nections from buildings to the sewers, and cause the same to be laid out as to grade and alignment in compliance with such plans, and cause an accurate record to be kept of the same. The city engineer shall prepare all assessment plats and assessments for special taxes, and after the same shall have been amended to meet the approval of the board of equalization, he shall prepare the ordinances for the same. The city engineer shall prepare such general outlines of instruction for the various classes of work as a guide for all inspectors, together with blanks to be filled out by them daily upon their work. The city engineer shall furnish such information and advice relating to the work of his depart- ment as he may be called upon to give by the mayor or the city council or as may be provided by ordinance. He shall keep and preserve in a proper manner all books, maps, plans, profiles, esti- mates and other records belonging to the city and connected with his department and shall deliver the same to his successor in office. He shall perform such other duties as may be required by this act or by ordinance. Section 44. When smy improvement mentioned in this act is completed according to contract, it shall be the duty of the city engineer to carefully inspect the same, and if the improvement is found to be properly done, such engineer shall accept the same and forthwith report his acceptance thereof for the confirmation or rejection of the mayor and city council. When the contract for such works provides for the acceptance thereof in front of or along any block or piece of ground, the engineer may accept the same in sections from time to time, if found to be done accord- ing to contract, reporting his acceptance as in other cases. CITY chartj:r. 25 Section 45. The city engineer shall appoint an assistant engineer whose term of office shall be co-ordinate with that of the city engineer. Such assistant engineer shall act under the direction and control of the city engineer, and shall, in the event of the sickness, disability or absence of the city engineer, in addition to other work required of him, be empowered to perform all the duties devolving upon the city engineer. Section 46. The city engineer shall have the general supervi- sion of public works directed to be done by the mayor and .city council except street cleaning and ordinary street repair grading, and except as otherwise provided herein and shall cause to be kept complete records and accurate accounts of the same. He shall investigate all complaints relating to public work and report his findings with his recommendations to the mayor and city council for their decision and direction. He shall appoint all inspectors, laborers and all other employes necessary to carry out the provisions of this section, subject to the extent and limit of the funds provided by the mayor and city council for the purpose; and shall present the names of all such inspectors, laborers and all other employes to the city council for confirma- tion. The compensation shall be fixed by the mayor and city council before said inspectors, laborers and all other employes shall enter upon their duties as such. And no inspector, laborer or other employe shall receive any compensation whatsoever for services rendered prior, to such fixing of of compensation and confirmation. He shall keep a record of the services of all inspec- tors, laborers and all other employes and certify to the pay roll of such inspectors, laborers and all other employes to the city comptroller monthly, or oftener if required, and when any work shall be completed he shall promptly file with the comptroller a certified statement of the cost of inspection to be charged to such work. He shall see to the enforcement of all measures for the pro- tection of the city against any damage or liability by reason of any and all work done upon the surface of streets and alleys. He shall make all temporary repairs ordered by the mayor and city council. He shall have power to dismiss any inspector, and shall also have power to dismiss any other employe under his supervi- sion when their services shall no longer be required, or for other good and sufficient reason. The mayor and council may at any time by concurrent resolutif)n dismiss any or all such inspec- tors or employes. 26 CITY, CHARTER. Section 47. He shall supervise all sewer work and the con- struction, maintenance, cleaning and repairing of public sewers, culverts, drains, conduits and subways: also water, gas, conduit and subway trenches or other works under the surface of the streets done under permit, or otherwise, in the city. He shall keep a classified record of the relative cost of the maintenance, repair and cleaning of streets and sewers, and also the character and condition of sewers, streets and viaducts throughout the year. He shall be empowered, where necessary for the further- ance of public works or the abatement of nuisance, to cause the temporary suspension of the use of water, gas, sewer, or other service, or to cause the temporary removal of or discontinuance of railway tracks, or street car or other travel. He shall receive all complaints of sewer stoppage and investigate the same at once, and keep a record of all such cases and the facts connected therewith. He shall prepare plans, specifications and contracts to be approved by the mayor and council for all public works to be done under his supervision, and he shall change or modify such plans and specifications when directed by the mayor and council. Section 48. In each city there shall be a building inspector, a plumbing inspector and a boiler inspector. The building in- spector shall be chief of said inspectors and have the direction of all office and other work, and also the records and permits issued by said inspectors. The building inspector shall be an architect of not less than seven years practice in designing and superintending the construction of buildings, or an experience house builder and mechanic of ten years practice as build- ing contractor or superintendent of building construction. Per- mits for building construction, plumbing work and certificates of boiler inspection shall be issued through the building inspector and countersigned by each of the inspectors for the respec- tive work inspected and supervised by them. Permits and inspection certificates shall only be issued upon presentation of the receipt of the city treasurer by the applicant, showing that the required fee therefor has been paid into the city treasury. The building inspector shall report to the city council on the first day of each month, and transmit therewith an abstract of all receipts filed for permits and certificates of inspection issued. The building inspector shall have charge of the enforcing of all ordinances pertaining to party walls or the erection, construc- tion, alteration, removal or repair of buildings, their proper venti- CITY CHARTER. 27 lation, also the plumbing work and the arrangement of heating appliances and construction of boilers. The plumbing and boiler inspectors shall be competent mechanics, skilled in their respec- tive work, and possessed of at least five years practical experience therein. Before any building which shall have been condemned shall be torn down, or any final action towards the tearing down of any improper work upon M^hich the city might be held liable, shall be taken, the building inspector shall first report the facts to the city council for final action. In all building contemplating the use of electrical machinery or appliances, the building in- spector shall consult the city electrician and obtain from him a written opinion as to the proper precautionary measures to be enforced, and file the same with the records pertaining to such building, and when such building shall be completed the city electrician shall, after inspection, notify the building inspector of the results of his investigation, and the building inspector shall thereupon take such action as the facts shall warrant. The building inspector, the plumbing inspector and boiler inspector shall in addition to the duties herein named, perform such other duties as may be required by this act or by ordinance. The building inspector before he approves any plans for any build or any addition to any building, shall submit such plans to the health commissioner and secure his approval of the sanitary features of such proposed work. Section 49. The health commissioner shall have the qualifica- tions of a physician under the laws of this state. He shall be the city physician and execute and enforce all laws of the state and ordinances of the city relating to matters of health and sani- tation and all rules and regulations of the city relating to the pubHc health. He shall make reports to the city council as by them directed, of his official acts, doings and proceedings and receive and execute their orders, directions and instructions. He shall have charge, control and supervision of all sanitary and health affairs of such city, including the removal of dead animals and garbage, sanitary condition of streets, alleys and vacant grounds, of stock yards, wells, cisterns, privies, water closets, cess pools and stables, of houses, tenements, manufactories and all public and private grounds and buildings of every sort, and of any and all buildings and places not specified, where filth and offen.sive matter is kept or is hable to, or does accumulate. The health commissioner shall have power to enter and inspect any and all premises for the detection, correction or extermination of 28 CITY CHARTER. nuisances, contagious or infectious diseases, or the improvement of the sanitary condition of said premises. Inspectors of meats, milk, food and of any and all other matter and things relating to the^ sanitary condition of such city, except as herein otherwise provided, shall be under the control and direction of the health commissioner. His duties as city physician shall be to attend prisoners in the city jail, and to attend cases of accident and other emergency cases coming under the attention of the police, but such care and attendance shall cease when they shall be able to be removed to the county hospital. Section 50. The office of the Tax Commissioner shall be aboHsh- ed on the third Monday after the first Tuesday in May, 1906; and the present incumbent of said office shall complete the records of his office and on said date shall dehver the same to the City Clerk and he shall perform such other duties as may be required by the City Council, and after the taking effect of this act, and during the remainder of his term he shall receive the same salary as is provided for such officer by the law hereby repealed. Section 51. The city electrician shall be a practical electrical engineer, of not less than five years actual experience as superin- tendent of electrical construction work, or electric light or power station. He shall thoroughly understand the principles of tele- graph, telephone and electric fight and power construction. The appointment of the mayor must be accompanied with an exhibit of the several works and their nature which have been supervised by such appointee. He shall have charge of all city electric light, telephone and telegraph fines and plants, and the supervision and inspection of all electrical appfiances within the city, and shall have power to enforce all rules and regulations of the city in connection with their use and construction. He shall inspect all pubhc electric lighting of the streets and other pubfic grounds and perform such other duties as may be required by ordinance. Section 52. The mayor and council shall have power to define, regulate, suppress and prevent nuisances. The maj^or and council shall not create a board of health except in cases of a general epi- demic but may co-operate with the boards of health provided by the law\s of the state and may appropriate moneys for such purposes. The mayor and council may provide rules and regulations for the care, treatment, regulation and prevention of all contagious and infectious diseases, for the regulation of all hospitals, dispensaries and places for the treatment of the CITY CHARTER. 29 sick for the sale of dangerous drugs, for the regulation of ceme- taries and the burial of the dead. The jurisdiction of the council in enforcing the foregoing regulations shall extend over such city and over all grounds and property within three miles thereof. Section 53. Upon the taking effect of this act the Advisory Board and the Board of Public Works heretofore existing in cities of the Metropolitan Class shall cea.se to exist, and the records of said boards shall be placed in the custody of the City Engineer and thereafter be subject to the control of the Mayor and council. Section 54. In each city of the metropoHtan class there shall be a board of park commissioners who shall have charge of all the parks and public grounds belonging to the city, with power to establish rules for the management, care and use of public parks, parkways and boulevards, and it shall be the duty of said board from time to time to devise, suggest and recommend to the mayor and council a system of public parks, parkways and boulevards or additions thereto within the city, or within three miles of the limits thereof, and to designate the lands, lots or grounds necessar}' to be used, purchased or appropriated for such purpose. Section 55. Said board of park commissioners shall be com- posed of five members, who shall be resident freeholders of such city and who shall be appointed by the judges of the district court of the judicial district in which such city shall be situated. It shall be the duty of said judges, a majority concurring, to ap- point or re-appoint, one of said board each year on the second Tuesday of May, and to fill for the unexpired term any vacancies existing in the board. A majority of all the members of the board of park commissioners shall constitute a quorum. Section 56. It shall be the duty of said board of park com- missioners . to lay out, improve and beautify all lands, lots, or grounds now owned, or hereafter acquired for parks, parkways, or boulevards. They may employ a secretary and such land- scape gardeners, superintendents, engineers, keepers, assistants or laborers, as may be necessary for the proper care and main- tenance of such parks, parkways or boulevards, or the improve- ment or beautifying thereof, to the extent that funds ma\' be provided for such purpose. The members of said board at its first meeting each year after the first Tuesday in May, shall elect one of their f)wri meiiibers as chainnan of said board. Before 30 CITY CHARTER. entering upon their duties each member of said board shall take an oath to be filed with the city clerk, that he will faithfully per- form the duties of his appointment and in the selection or desig- nation of lands, lots or grounds for parks, parkways or boulevards, and in making appointments, he will act for the best interests of such city and for the public, and will not in any manner be actuated or influenced by personal or political motives. The members of said board shall receive no compensation and shall serve without cost to the city. Section 57. It shall be the duty of the mayor and council to take such action as may be necessary for the appropriation of the lands, lots or grounds designated by said park board, the power to appropriate lands, lots or grounds for such purpose being hereby conferred on the mayor and council, and for the purpose of making payments for such lands, lots or grounds so appropriated, or purchased, as hereinafter provided, assess such real estate as may be specifically benefited by reason of the appropriation or pur- chase thereof for such purpose, and issue bonds as may be required for such purpose, to the extent and amount required in excess of such assessment. And the mayor and council are further authorized upon the recommendation of said park commissioners and with their concurrence to purchase in the name of said city, lands, lots, or grounds within the limits herein designated to be used and improved for parks, parkways, or boulevards, notwith- standing said limits include lands, lots, or grounds within the corporate boundaries of other cities or villages, and if such lands, lots or grounds are in the limits of other cities or villages, said cities or villages shall cease to have jurisdiction over the said lands, lots or grounds after the said lands, lots or grounds are acquired for parks, parkways or boulevards as aforesaid by gift, purchase, condemnation or otherwise. Section 58. In each city of the metropoHtan class, there shall be a board of fire and police commissioners, to consist of the mayor, who 'shall be ex-ofhcio chairman of the board, and four electors of the city who shall be appointed by the governor, not more than two of whom shall be of the same poHtical faith or party allegiance. On the last Tuesday in March 1905, and on the same day in each year thereafter, the governor shall appoint one commis- sioner in each city governed by this act, to take the place of the commissioner whose term of office expires on the first Monday in April following such appointment, and those so appointed to CITY CHARTER. 31 succeed others shall serve for the term of four years, following the first Monday in April after their appointment, except where appointments are made to fill vacancies, in which cases those appointed shall serve the remainder of term of the persons whose vacancies they are appointed to fill. Whenever a vacancy shall occur in any board of fire and police commissioners either by death, resignation, removal from the city or any other cause, the governor shall appoint a commissioner to fill such vacancy. Section 59. No person shall be appointed a police commis- sioner who is engaged in the sale of malt, spirituous or vinous liquors, or who is engaged in the business of dealing in tobacco or articles manufactured therefrom, or W'ho is an agent for any fire insurance company or companies, or interested therein, or in the business of soliciting fire insurance, or who shall have been en- gaged in any such callings or business within one year previous to the date of appointment. No person shall be qualified to hold the office of police commissioner, while he holds any county, city or school district office. A majority of said board shall con- stitute a quorum for the transaction of business. Before entering upon their duties each of said officers shall take and subscribe an oath, to be filed with the city clerk, faithfully, impartially, honestly and to the best of his ability, to discharge his duties as a member of said board, and that in making appointments or considering promotion or removals, he will not be guided or actuated by political motives or influences, but will consider only the interest of the city, and the success and effectiveness of said department. Section 60. The governor may remove any of said commis- sioners for misconduct in office, or should they, or any of them, become disqualified to act as such commissioner. Any citizen of the city may file with the governor written charges against any commissioner he may deem guilty of misconduct in office and the governor shall, within a reasonable time, investigate the same upon testimony to be produced before him, and shall make such finding as to the truth or falsity of such charges as, in his judgment such testimony warrants, and in case such charges are adjudged by him to be sustained by the evidence he shall at once remove the commissioner so found guilty, and appoint another qualificfl to fill the vacancy thus caused. The governor, when sitting to investigate charges preferred against a commissioner, shall have full power and authority to compel the attendance of 32 CITY CHARTER. witnesses and the production of books and papers, and he may hold such meeting at the most convenient place in the state for the purpose of such investigation. In making all appointments, either to fill vacancies or otherwise, he shall so appoint that not more than two members of the fire and police commissioners shall be of the same political faith or party allegiance. Section 61. The board of fire and police commissioners shall employ a chief of the fire department and other officers, and such firemen and assistants, as may be proper and necessary for the effective service of this department, to the extent and limit that the funds provided by the mayor and council for that purpose will allow.' The board of fire and police commissioners shall have the power and it shall be the duty of said board to appoint a chief of police, and such other officers and policemen, all of whom shall be electors of such city, to the extent that funds may be provided by the mayor and council, to pay their salaries, and as may be necessary for the proper protection and efficient policing of the city, and as may be necessar}^ to protect citizens and property, and maintain peace and good order. The board may appoint such number of police matrons, not to exceed two, whose duties shall be defined by the police board. Section 62. All members or appointees of the police or fire department shall be subject to removal by the board of fire and police commissioners, under such rules and regulations as may be adopted by said board whenever said board shall consider and declare such removal necessary for the proper management or discipHne, or the more effective working or service of the police department. No member or officer of the police or fire depart- ment shall be discharged for pohtical reasons, nor shall a person be employed or taken into either of said departments for pohtical reasons. Before a policeman or fireman can be discharged, charges must be filed against him before the board of fire and police commissioners and a hearing had thereon, and an oppor- tunity given such member to defend against such charges, but this provision shall not be construed to prevent peremptory sus- pension of such member by his superiors in case of misconduct or neglect of duty or disobedience of orders. Whenever an}' such suspension is made, charges shall be at once filed before the board of fire and police commissioners by the person ordering such suspension, and a trial had thereon at the second meeting of the board thereafter. The board shall have the power to en- CITY CHARTER. 33 force the attendance of witnesses and the production of books and papers, and to administer oaths to them in the same manner and with like effect and under the same penalties, as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the state of Nebraska. The board shall have such other powers and perform such other duties as may be authorized or defined by ordinance. Section 63. All powers and duties connected with and incident to the appointment, removal, government, and discipline of the officers and members of the fire and police departments of the city, under such rules and regulations as may be adopted by the board of fire and police commissioners, shall be vested in and exercised b}' said board. It shall be the duty of said board of fire and police commissioners to adopt such rules and regulations for the guidance of the officers and men of said department, for the ap- pointment, promotion, removal, trial or discipline of said officers, men and matrons, as said board shall consider proper and neces- sary. Section 64. It shall be the duty of the mayor to enforce the laws of the state and the ordinances of the city, to order, direct and enforce, through the officers of the police department, the the arrest and prosecution of persons violating such laws and ordinances, to cooperate with and assist the sheriff of the county in suppressing riots and mobs, and the arrest and prosecution of persons charged with crimes and misdemeanors. Section 65. It shall be the duty of policemen to make a daily report to the chief of police of the time of fighting and extinguish- ing of all public lights and lamps upon their beats, and also any lamps that may be broken or out of repair. ' They shall also report to the same officer any defect in any sidewalk, street, alley or other public highway, or the existence of ice or dangerous ob- structions on the walks or streets, or break in any sewer, or dis- agreeable odors emanating from inlets to sewers, or any viola- tion of the health laws or ordinances of the city. Suitable blanks for making such reports shall be furnished to the chief of police by the city electrician and health commissioner. Such reports shall be by the chief of police transmitted to the proper officers of the city. In case of any violation of law or ordinance the policeman making the report shall report the facts to the city ))ros('cutor. Tlicy shall also perform such other duties as may be required by ordinance. 34 CITY CHARTER. Section 66. All expenditures of moneys in the funds for the maintenance of the fire department and of the police department shall be under the direction and control of the said board of fire and police commissioners, and no appropriation from said funds shall be made by the mayor and council, except upon resolution of said board entered on their records. Section 67. The chief of police shall have the supervision and control of the police force of the city, subject to the orders of the mayor and board of fire and police commissioners. All orders of the board relating to the direction of the police force shall be given through the chief of police, or in his absence, the officer in charge of the police force. Section 68. The chief of police shall be the principal minis- terial officer of the corporation. He shall, by himself or by deputy, execute all writs and process issued by the police judge; he, or one of his deputies, shall attend each session of the police court and perserve order therein; and his jurisdiction and that of his deputies in the service of process in all criminal cases, and in cases for the violation of city ordinances shall be coextensive with the county. The chief of police or his deputies shall take bail, when the police court is not in session, in all bailable cases for the ap- pearance before said court of persons under arrest; but such bail shall be subject to the approval of the police judge. Section 69. He shall be subject to the orders of the maj^or in the suppression of riots and tumultuous disturbances and breaches of the peace; he may pursue and arrest any person fleeing from justice in any part of the state. And shall forthwith bring all persons by him arrested before the police judge for trial or exami- nation, he may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states. Section 70. He shall have, in the discharge of his proper duties, like powers and be subject to like responsibilities, as sheriffs in similar cases. Section 71. Each policeman shall give a bond conditioned as provided in this act and shall have the same powers as constables in arresting all offenders against the laws of the state, and may arrest all offenders against the ordinances of the city with or without a warrant. In discharge of their duties as policemen they shall be subject to the immediate orders of the chief of police. CITY CHARTER. 35 Section 72. The board of fire and police commissioners is hereby authorized to create a pohce rehef fund by assessing upon each member of the pohce force a sum to be deducted from the monthly pay of each member, not exceeding one per centum thereof, and the sum so fixed and deducted shall be paid to some person or bank designated as treasurer of such fund, and shall be used exclusively to reheve members of the force when sick or disabled from the performance of duty, for funeral expenses, relief of their famihes in case of death, or for pensions when honorably retired from the force. Said board is also authorized to create a rehef fund for firemen under the same regulations as the said pohce rehef fund, and may assess each fireman a sum not exceeding one per centum of his monthly salary. Section 73. All moneys received from fines imposed upon members of the pohce force of such city for violations of the rules and regulations of the police department; one-fourth of all re- wards given or paid to the members of the pohce force of such city, except such as shall be excepted by said board, and all moneys arising from the sale of unclaimed property or money after de- ducting all expenses incident thereto, shall be paid to the credit of such fund. The fire and police commissioners shall be trustees of the fund, and shall invest the same from time to time, when there is a surplus, in United States bonds, bonds of the State of Nebraska, bonds and general fund warrants of such city or bonds and general fund warrants of the county in which such city is located. Provided, That it shall be the duty of the treasurer of such funds to deposit and keep at interest so much of said funds as may not be invested as aforesaid, in such bank in such city as may be designated by the board of directors of the pohce rehef fund, hereinafter mentioned, and approved by the board of fire and police commissioners. * Section 74. The members of the pohce force of the city shall make such rules and regulations as to the disbursement of the pohce relief fund to the members as they may deem proper, such rules and regulations to be approved by the board of fire and police commissioners. And the members of the police force, each having one vote, shall elect annually, on the first Wednesday after the first day of June in each year, a board of seven members from their own number, to be known as the board of directors of the police relief fund, to whom shall be intrusted the entire man- agement of the fund and its disbursements, subject to the approval 36 CITY CHARTER. of the board of fire and police commissioners as herein provided. The firemen shall also make such rules and regulations and shall elect a board of directors at the same time and in the same manner. Section 75. The board of directors shall organize, electing a president and secretary, and no payment of any money shall be made from the relief fund, save for investment by the trustees, except upon the order of the board of directors, signed by the president, countersigned b}^ the secretary, and approved by the board of fire and police commissioners. Members who have resigned, or have been dismissed from the force, shall have no interest in or claim on such funds, and members who are honorably retired from the force shall have only such interest in the fund as may be fixed in the rules and regulations in relation to the fund by the board of directors, and approved by the board of fire and police commissioners. Section 76. When a patrolman or an officer of a higher grade on the active force becomes bodily disabled in consequence of and while in the performance of official duty, he may continue to draw his regular salary, at the discretion of the board of fire and police commissioners, for a period not to exceed three months. If such disability, incurred in consequence of and while in per- formance of official duty, shall appear to be of such a character as to permanently unfit such member for active duty upon the police force, he shall, upon the recommendation of the mayor and the approval of the board of fire and police commissioners, be retired, and . shall be allowed out of the police relief fund a pension of ten dollars per month, to be paid monthly, but if any member of the force, on recovery from such disability, be assigned to duty and full pay, his pension shall cease. Patrolmen and officers of a higher grade who have done faithful service, and have been disabled so as to unfit them for serving for patrolmen, or as such officers, may be assigned to other duties suitable to their physical abilities, and shall always have preference in such assign- ments. When such member of the force in consequence of such partial disability has been assigned to any position having a rate of compensation lower than the one to which such member was entitled, previous to his disability, such assignment shall not exclude him from receiving a pention or terminate the pension which may have been awarded him. The pension herein provided for shall be aside from and in addition to any allowance which may come from the police relief fund provided for above. Any patrolman CITY CHARTER. 37 or officer of a higher grade who has served faithfully for a period of fifteen years from and after the passage of this act, and who has reached the age of fifty years, may on retirement from active service, on recommendation of the mayor and the approval of the board of fire and police commissioners, be allowed a pension of ten dollars per month, to be paid as provided above for pen- sions on account of disability. Section 77. All officers appointed by the mayor and confirmed by the council shall hold the office to which they may be appointed until the end of the mayor's term of office, and until their succes- sors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as other- ise herein provided. If the mayor shall neglect or fail to make any of the appointments herein designated to be made at and within the time herein specified, then the city council shall be and is hereby empowered to fill such offices by election, a majority of the entire council, being requisite to elect such officer. Any officer thus elected by the city council shall have the same tenure of office and the same power and authority as if he had been ap- pointed by the mayor and confirmed by the council. Section 78. The appointment of officers to be made by the mayor, designated in this act, shall be made and submitted to to the city council for confirmation at a session to be held on the evening of the fourth Tuesday following each general city election. Said appointments are as follows, and shall be made and con- sidered in the following order: City engineer, health commis- sioner, plumbing inspector, boiler inspector, city electrician and city prosecutor. The mayor shall also submit all other appoint- ments required to be made under provisions of ordinances not in conflict with the provisions hereof on or before the Sixth Tues- day following the general city election. Section 79. It shall require a majority of all the members of the council to confirm each of said appointments. Upon the failure or refusal of the council to confirm any of said appoint- ments it shall be the dut.y of the mayor on every regular council meeting thereafter to submit other appointments for such offices, if the appointee thereto be not confirmed, and to so continue until approved by the council. No name shall be submit (cmI successively more than twice for the same office. Section SO. lOacli officer eleclcil iitHJci- llic proxisions of (his 38 CITY CHARTER. act shall be responsible for the service rendered by all deputies, employes, and agents, under his direction and control. He shall have the power to appoint and remove such deputies, employes and agents from time to time for the good of the service. All appointive officers shall also have power to appoint and remove their employes in the same manner unless otherwise provided in this act. Section 81. The duties, powers and privileges of all officers of every character, in any way connected with the city govern- ment not herein defined, shall be defined by ordinance, and the defining by this act of the duties of any city officer, shall not pre- clude the msiyoT and council from defining by ordinance further and additional duties to be performed by any such officer. Section 82. The maj-or and council shall have power to create any office, or employ any officer or employ any agent they deem necessar}^ for the government and best interests of the city, and to prescribe and regulate the duties, powders and compensation of all officers, agents, and servants of the city not herein provided for. But all such agents, officers and servants employed or ap- pointed under this act, so far as practicable, must be qualified voters of said city. Section 83. The mayor and city council may create other offices than those enumerated in this act and such officers shall be <;reated in the following manner. The necessity of such new office shall be declared by resolution proposing the salary and duties of such office. After such resolution has been published once each week for three successive weeks, the council may by ordinance create such office and fix a reasonable salary not ex- ceeding the amount fixed in such resolution. Such offices shall not hereafter be created unless by consent of the mayor and two- thirds vote by city council. Section 84. All elective and appointive officers of the city shall before entering upon their respective duties, take and sub- scribe the oath required by the laws of the state. Said oath shall be endorsed upon their respective bonds. Where no bond is re- quired the oath shall be subscribed before the city clerk and filed in his office. Section 85. All official bonds of said officers must be in form joint and several and payable to the city. The conditions of such bond must be for the faithful discharge of the duties of the CITY CHARTER, 39 office and for the prompt payment or delivery of all monies or property received by him as such officer and in such penalty and with such other conditions as are required by law or ordinance creating or regulating the duties of the office. Unless otherwise specified by this act all official bonds shall be executed by one or more surety or guarantee companies of recognized or estab- lished responsibihty and the cost thereof shall be paid from the general fund of the city. Section 86. Unless otherwise provided in this act, such bonds must be endorsed thereon by the officer or officers approving the same, before the same is filed and recorded with the city clerk. The bonds of all councilmen and the city clerk shall be approved by the mayor or a Judge of the District Court. The bonds of the mayor and all other elective officers shall be approved by the city council or a judge of the district court. All official bonds of city officers elected under the provisions of this act must be approved and filed with the city clerk on or before the day fixed for assum- ing the duties of the offices. All bonds of officers appointed under the provisions of this act must be approved and filed with the city clerk within thirty days after the date of their appointment and before assuming the duties of their respective offices. Section 87. If any person elected or appointed to any city office shall neglect, fail, or refuse, to have his official bond executed and approved as required by law, and filed for record within the time limited by this act, his office shall thereupon ipso facto be- come vacant and such vacancy shall thereupon be filled by election or appointment as the law may direct in other cases of vacancy in the same office. Section 88. The general laws of the state governing pubhc officers, so far as applicable, shall govern and fix the qualifica- tions and liability of sureties, the penalties for failure to give bonds, the bonds of persons appointed to fill vacancies or the bonds to be given by officers reappointed, re-elected, or hold- ing over. Section 89. The Mayor and City Council shall have power to provide for the filHng of such vacancies as may occur in the office of councilman or other office of the city, and to provide for the removal of all officers of the city for misconduct, incompetency or malfeasance in office, when not otherwise provided in this act. 40 CITY CHARTER. Section 90. The Mayor and Cit}^ Council shall have concurrent Jurisdiction to remove from office any officer elected or appointed under the provisions of this act, except ma3'or and council- man, for the following causes: 1. Conviction of a felony. 2. Corruption or bribery. 3. Drunkenness. 4. Neglect of duty. 5. Any malfeasance in office. 6. Any misconduct or mal- feasance in office which is defined or prohibited by the laws of the state governing the conduct of officers of cities and villages. The complaint, summons and procedure shall be the same, so far as applicable, as provided for the removal of county officers. Section 91. Upon complaint of three or more elective officers of such city, the District Court of the county in which such city is situated shall have jurisdiction to remove from office, any of- ficer including the ^la^^or or any Councilman. Section 92. Any city officer may be impeached or removed for any of the causes mentioned in the preceding sections or for any cause provided in this act. The complaint shall specify such charges and shall conform to the requirements of the code of civil procedure, and the complainants shall give a bond in the sum of $1,000.00 in favor of the officer complained against, con- ditioned for the payment of all damages and costs, if such im- peachment is not sustained. Section 93. The judges, or one of them, may issue the proper writ, requiring such officer to appear before him, on a day there- in named, not more than ten days after the service of such writ, together with a copy of such charges and specifications, and re- cjuiring such officer to show cause why he should not be removed from his office. The proceedings in such case shall take prece- dence of all civil causes and be conducted according to the rules of such court in such cases made and provided, and such officer may be suspended from the duties of his office during the pendency of such proceedings by the order of said court. During the time any appointive officer is suspended the ^layor and council may appoint any competent person to perform the duties of such officer suspended and provide for his compensation, and require him to execute a sufficient bond for the faithful performance of the duties of the office. If it should appear to the court upon the trial that such officer has been guilty of malfeasance in office, the court shall enter a judgment removing such officer from his office. Section 9.4. The ]\Iayor, councilmen and all other officers. CITY CHARTER. 41 agents and employes of the city are especially prohibited from soliciting or receiving, directly or indirectly, any contribution of money or supplies of whatsoever kind, or any valuable or special privilege at the hands of any city contractor, his or their agents, or from any franchised municipal corporation for anj^ purpose whatsoever, and such conduct shall constitutje malfeasance in office. Xo officer, appointee, agent or employe shall directly or in- directly solicit or receive any gift or contribution of money or supplies, or any valuable service, from any appointee, agent or employe of such city, for the benefit of the person asking for such gift or contribution or for the benefit of another. Any violation of this provision shall constitute a misdemeanor and shall sub- ject the offender to a fine of not exceeding fifty (.$50.00) dollars or to imprisonment for a term not exceeding thirty days. Section 95. No officer or agent of the city shall solicit, directly or indirectly, the political support of an}- contractor, municipal franchised corporation or railway company, or the officials or agents of such companies, for any municipal election or for any other election or primary election held in the city in pursuance of law. Nor shall any franchised corporation or railway company through its agents or officials, or by any other means, furnish or ap- propriate any money, directly or indirectly, to promote the success or defeat of any person whomsoever, in any election or primary election held in such city, or to promote or prevent the appoint- ment or confirmation of any appointive officer of such city. A violation of any of these provisions on the part of any officer or agent of the city shall be deemed malfeasance in office, and on conviction thereof such officer shall be removed from office by order of the court, and fined in any sum not to exceed five hundred dollars. A violation of any of these provisions, on the part of any franchised corporation through its officials or agents, upon conviction by any court of competant jurisdiction, shall subject such corporation to forfeiture of its franchise and the imposi- tion of a fine of not exceeding five hundred dollars upon each and every officer or agent of such companies who shall have been proven guilty of such violation. If any officer or agent of the city shall make a demand for money or other consideration of a franchised corporation, or public contractor, or their agents, with a threat to introduce or support a measure or vote for any specific, or propose a resolution or oidinance, adverse to their interests, if such demand be not complied with, or if sucti officer or agent shall 42 CITY CHARTER. offer to prepare or introduce or support a resolution or ordinance favorable to such company or contractor for a valuable considera- tion such action shall be deemed a malfeasance in office and upon conviction thereof, such offender shall be fined in any sum not exceeding five hundred dollars, and such officer shall be removed from office by direction of the court. Section 96. Any officer of the city, or member of the city council or any employe, who shall by himself or agent, or as the agent or representative of any other person or corporation, be- come a party to, or in any way interested in any contract, or who shall in any manner be pecuniarily interested in, or receive any portion of the wages or pay, of any person or team, or furnish any material to be used in such work or under such <3ontract, or who shall accept or receive any valuable consideration or promise for his influence or vote, shall be guilty, of malfeasance in office and shall be fined in any sum not exceeding three hundred dollars or imprisonment in the county jail not exceeding six months, or both, in the discretion of the court. Section 97. All citizens of this state and other persons inter- ested in the examination of the records kept by any officer of the city, are hereby fully empowered and authorized to examine the same free of charge during the hours the respective offices may be kept open for the ordinary transaction of business. The mayor and city council shall have power to require from any officer of the city at any time, a report in detail of the transactions in his office, or any matter connected therewith. Section 98. It shall be the duty of the city treasurer, city clerk, comptroller, city engineer, city attorney, city prosecutor. poHce judge, board of fire and police commissioners, commissioners of health, board of park commissioners, and each and every other official, board or department of the city, and whether or not the same be herein specified, not including the members of the city council, to report to the mayor and city council in writing annually on or before the first day of February, a full and detailed state- ment of all receipts and expenditures, funds, property, and of all acts, doings, transactions, employments and proceedings of theirs and each of said boards, departments, position or office for and during the preceding fiscal year. A monthly statement of all moneys and fees received by officers of the city must be reported on the first day of each subsequent month to the comptroller in addition to the statement said officials are required to furnish the treasurer. CITY CHARTER. 43 Section 99. The treasurer shall report to the mayor and council annually, on the first Tuesday of February, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the state of the treasury, and a statement in detail of the indebtedness and financial condition of the city. He shall also keep a registry of all warrants redeemed and paid during the year, describing such warrants, their date, amount, the number, the fund from which paid and the persons to whom paid, specify- ing also the time of payment; and all warrants shall be examined by the finance committee of the city council at the time of making such annual report. Section 100. The Comptroller shall prepare and cause to be published in pamphlet form, a statement of the receipts and ex- penditures of the City during the fiscal year commencing January first and terminating December thirty-first, annually. Such state- ment shall disclose the expenditures of each department and each board as compared with at least two prior years. The City Council shall order payment of the cost of such printing. Such statement must contain the names of each officer, agent, attorney or other employe of each department, and exhibit the salary or fees paid to each person and the total amount paid to each person during the year. Section 101. Dunng the month of December of each year, the mayor and city council shall prepare, or cause to be prepared, a list of all supplies required for each office and department or board for the ensuing year. vSuch fist shall designate clearly the quantity and quahty of the articles required, but shall not .specify the particular product of any manufacturer. The city clerk shall advertise for bids on the articles in such list for at least three successive days, in the official newspaper. Such advertisement shall state, in substance, that at a certain stated regular meeting of the city council, bids will be received and opened for all such supphes, and it shall be sufficient in such advertisement to describe the articles in a general way and refer to such list as being on file in the office of the city clerk. Such bids shall be received at the first regular meeting of the city council held after such advertisement has been completed, and awards shall be made at the next regular meeting thereafter. Bidders shall not be required to bid on all items included in such estimate, nor upon all items in one class. The Council may accept the lowest and best l^id on any item or items and may reject any and all bids. 44 CITY CHARTER. Provided, that other or additional supplies not exceeding the value of fifty dollars for any officer or board may be purchased on the request of the mayor and comptroller. Section 102. The foregoing list shall not include supplies for public improvements, street cleaning or repairs, or horses, hose, engines, vehicles or implements used by the Park Board, Fire De- partment or Police Department. A list of such supplies may be made and advertised for at any time upon request of the proper board or officer, but subject to all the foregoing provisions and restric- tions as to the bids and bidders and the advertisement for bids. The foregoing list shall not include the books, documents or other papers or materials purchased by the library board. Section 103. The mayor and council shall have power by ordi- nance to contract with any competent party for the supplying and furnishing of water, gas or electric light, or electric power to the public or private consumers within such city, and the rates, terms and conditions upon which the same may and shall be supplied and furnished during the period named in the ordinance or contract, but no franchise shall be granted, extended or modified except as provided in this act. Any such contract exceeding the term of ten years shall be void. Section 104. The City Clerk shall, during the month of June of each year advertise for three days in some daily paper for pro- posals for publishing in some newspaper, printed in the English language, and published in the city, all public advertisements, notices, and ordinances and all other matters on account of the city, for the period of one year and until another contract has been negotiated. Such daily paper must have been published con- tinuously for at least five years immediately preceding the time of making the bid and must have had at least 5,000 paying, carrier delivery subscribers in said city, during at least one year im- mediately preceding the time of making the bid. All bids shall be directed to the city clerk and shall be presented to the council at its first meeting in July, the lowest and best bidder taking into consideration the relative circulation of such newspaper in said city, shall be awarded such contract designating the official news- paper of said city. In such contract it shall be stipulated that copies of the newspaper shall regularly be left at the office of the Mayor and City Clerk and City Attorney, as ordinarily distributed to regular subscribers. Provided further that the prices for such advertising shall in no case exceed per square of ten (10) lines,. CITY CHARTER. 45 unleaded nonpareil measurement, first insertion fifty (50) cents per square, subsequent insertions thirty (30) cents per square each insertion; and provided further that whenever deemed advis- able the mayor and council may, by resolution order any notice to be published in one or more papers in addition to the official paper, at the same rates as such notice is published in the official paper. In addition to such advertisement there shall be maintained in a conspicious place in the city hall an official bulletin board on which shall be kept typewritten or printed copies of all public notices and ordinances required to be pubhshed by law under proper classified heads, to- wit: Proposals for bids on public works; meetings of equalization boards; notices relating to fran- chises and all ordinances; notices and other proceedings required by law to be pubhshed. In case of the refusal or neglect of any such newspapers to advertise, public notices at the rates herein named, then the posting of such notices on the official bulletin board shall, of itself be deemed as meeting all the requirements of advertisements under this chapter. All such posting to be done by the city clerk, duly witnessed on his record book by at least two persons or more. Such record book shall show the date of each posting and its expiration. The record of such posting- shall be evidence that the same was done as required by this act. Provided, however, that the proof of the compliance with either of the above methods shall be held sufficient proof of publication of all official notices required by this act. Section 105. All persons who contract with the city for work to be done, or material or supplies to be furnished, shall give bond to the city, with not less than two sureties in an amount not less than fifty (50) per cent of said contract, for the faithful perfor- mance of the same; the sureties on said bonds shall be resident freeholders of the county within which said city is situated, and shall justify under oath that they are worth double the amount for which they may sign said bond, over and a):)ove all de])ts, liabilities, obligations and exemptions. The mayor and council may, however, accept security from one or more reliable surety or guarantee companies for the same amount. Section 106. The mayor and city council shall, by. the same ordinance that creates an improvement district for paving, repav- ing, curbing or guttering, direct the city clerk to advertis(> for 46 CITY CHARTER. and receive bids upon asphalt, stone, vitrified brick, vitrified brick block, artificial stone, macadam and such other material as may be designated by the mayor and council for such improve- ment, using such general terms as to admit of the widest latitude for competition. The advertisement, and specifications for bids, and petitions designating material shall not specify the paving mate- rial for asphalt pavement from any particular mine, place, locality or factory, nor by any particular name, but shall be simply for ashpalt; but in all other classes of pavement enumerated in this section, or which may be ordered by the Mayor and Council, such petitions may specify the particular kind of brick, brick block, \'itrified brick, stone, and so on, which the owner of the property may desire, but all bidders shall be required to designate the locality, quarry, kiln or factory from which will be furnished the specific material to be used by them with its commercial desig- nation. Thereafter the city engineer shall keep in his office in convenient form, a list showing the specifications and the prices bid on the respective materials, and such list shall be pubHshed for three days in the official paper for the information of the prop- erty owners in making their selection of the specific material they desire used in making said improvements. The improvements herein referred to shall be done by contract with the lowest re- sponsible bidder with the material designated as hereinafter provided. All such bids shall be received and opened at the same time at- a regular meeting of the city council. The council may reject any and all bids. Section 106a. In all specifications for materials to be used in paving, curbing and guttering of every kind the city engineer shall establish a standard of strength, and quality to be demon- strated by physical, and chemical tests within the limits of reason- able variation such as rattler, crushing, absorption chemical and other tests, and in every instance the material shall be described in the specifications either by standard or quality as will admit of genuine competition between contractors, so that there can be at least two or more bids by individuals or companies in no manner connected with each other, and no material shall be speci- fied which shall not be subject to such competition. Section 107. The mayor and city council shall have the author- ity to create street improvement districts for the purpose of improving the streets, alleys or other pubHc grounds therein, by paving, repaving, macadamizing, curbing and guttering or I'e- CITY CHARTER. 47 curbing and guttering, in sucli manner as may be determined upon. The mayor and city council shall have power to levy special taxes or assessment, on account of said improvement, on any or all property benefited thereby according to the special benfits received by said property from said improvement. None of the improvements herein named shall be ordered unless there are suf- ficient funds on hand or authorized to pay for the improvement of the street and alley intersections and such other portions of the street or alley to be improved as are not subject to special taxation. I. The mayor and city council may order such improvement, except repaving, by ordinance and cause it to be made when it is embraced in any district the outer bounderies of which shall not exceed a distance of three thousand feet from any of the streets surrounding the court house grounds of the county within wliich such city is located. II. The mayor and city council shall have power to order any of the improvements hereinbefore mentioned, in any improve- ment district outside of said three thousand feet limit, and also repaving in any improvement district within said Hmit, and cause the same to be made upon any street or alley, but only upon petition of the record owners of a majority of the frontage of taxable property in said district. III. When the record owner of three fifths of the foot front- age of taxable property abutting on any street, or part thereof, heretofore paved, petition the mayor and city council to change the character of the pavement on such street or part of street, and consent to the removal of the existing pavement then, and in that case, the mayor and council shall have power, and it shall be their duty, regardless of the condition of the existing pavement, to order said street or part thereof to be repaved, in the same manner as provided herein for repaving of streets. Section 108. The mayor and city council shall have power to compel any water company, gas company, or other person, cor- poration or firm owning or controlling any pipes or other under- ground conduits or other appHances, to provide for and construct all connections that may be deemed necessary for the future, to the cur]) or property lines in all streets or alleys to l)e jmved. re- paved or otherwise inipioxcd in such niannci- and in conformity with such plans as may be determined upon. And if such com- 48 CITY CHARTER. panics or other parties shall neglect to carry out such construction or fail to make the connections required within thirty days after the same shall have been ordered, then the city engineer shall be empowered to cause the same to be done, and for the purpose of paving therefor the cost thereof shall be deducted from such ac- counts as the city may have with said corporations or persons. I. When sewer connections for sewerage or drainage may be deemed necessary or advisable, the property owners shall be given thirty days from the publication of the ordinance ordering such improvements and connections, to make the same in con- formity with approved plans, to be kept on file in the office of the city engineer the publication of said ordinance ordering such connections in the official paper being the only notice re- quired to be given said property owners, and upon the failure or neglect of said property owners to construct such connections within the time fixed, the city council shall cause such work to be done and shall enter into contract therefor with the lowest responsible bidder, and the cost thereof including superintendence and inspection shall be assessed against the property to which such connections have been made in the same mannner as special taxes are levied for other purposes. II. It shall be the duty of the mayor and city council to give the property owners within any district, thirty days from date of the first publication of the bids for any such improve- ments to designate by petition, to be filed with the city clerk, the specific material selected from those designated in bids received for paving, repaving, curbing or guttering which they desire used in the improving of the street or alley or other grounds within said district, and in case the record owners of a majority of the taxable foot frontage of property upon such street or alley to be improved within said district, file their petition within such thirty days, designating the specific material which they desire used in making such improvement, then and in that event the mayor and city council shall order said improvement made with the specific material so designated ; but in case the record owners of a majority of the foot frontage of taxable property, as aforesaid, fail to designate any specific material bid upon for said improve- ment within such thirty days, then and in that event the mayor and city council shall designate the class of material to be used in making such improvements, as stone, vitrified brick, vitrified brick block, asphalt or macadam, etc. and the mayor and city CITY CHARTER. 49 council shall award such contract to the lowest responsible bidder of the class so designated. The pubHcation of the bids for such improvement as hereinbefore provided, shall be the only notice required to be given to the property owners of the time within which said petition designating choice of specific materials may be filed. III. All petitions for improvements in this chapter pro- vided for shall be upon printed blanks and shall describe the part of the street to be improved and the improvement desired, shall have a column for the name of the property owner, also columns for the date of each signature, the name of the addition or other description of property, the number of the lot and block and the number of feet frontage and depth; the acknowledgment of signa- tures shall also be on printed blanks, all of which blanks, shall be fur- nished by the city clerk upon application. The signatures to said petitions shall have no condition attached, and all signatures shall be acknowledged before a notary public. IV. All petitions for the purpose of designating material shall name the specific material selected from those designated in the bids received as hereinbefore provided and shall describe the part of the street to be improved, shall have columns siinilar to petitions for the improvements, and shall be on printed blanks furnished by the city clerk upon application. The signatures to petitions designating material must be signed, dated and acknowl- edged subsequent to the opening of such bids. All signatures to petitions for improvements or designating material shall be written in ink. When two or more petitions designating material con- taining the same signatures, are filed with the city clerk within the time provided for such filing under the provisions of this act, and before the mayor and city council have acted upon any peti- tions sufficient and regular in form, then .the signature last signed as shall appear by the date affixed shall be recognized as the govern- ing one on the subject referred to. V. Whenever a petition for an improvement, or a petition designating material, is filed with the city clerk, he shall cause the hour, day, month, and year when so filed to be officially marked upon such petition and duly witnessed in writing by at least two persons; said city clerk shall cause said petition to be copied in a record book termerl improvement l^'tition Book, and shall within two days after such filing furnish lo the city attorney and the city engineer each a certified copy thereof. : CHARTER. 50 CITY VI. Petitions after having been filed in the office of the city clerk shall not be returned or withdrawn; nor shall any person be allowed to add, cancel, erase, withdraw, or in any wise modif}^ any signature, or other writing thereon. Where two or more petitions are filed for the same improvement they shall be con- sidered and taken together as one petition. VII. It shall be the duty of the city clerk within two days after the filing in his office of any petition for an improvement in any improvement district or any petition designating the material to be used in any improvement, to deliver to the city attorney and to the city engineer, each certified copy of said petition, and it shall thereupon be the duty of the city attorney to examine said petition and certify to the city council whether or not the said petition and the signatures thereon are in due form of law, and how many feet frontage of taxable property within said district are legally signed for by the record owners thereof upon said petition; and it shall be the duty of the city engineer to examine said petition and certify to the city council the total foot frontage of taxable property within said district and whether or not the foot frontage of the taxable prop- erty signed for upon said petition is correctly stated, and he shall attach to and make a part of such certificate a plat of said im- provement district. Such certificates when filed in the office of the citj^ clerk shall be 'prima facie evidence of the truth and cor- rectness of the matter therein certified. If the certificates of the city attorney and city engineer show the petition for any improve- ment to be irregular, illegal or insufficient, the property owners within such district may at any time file supplemental petitions for such improvement and such supplemental petitions shall be considered and taken as a part of the original petition. Certified copies of such supplemental petitions shall be delivered to the city attorney and city engineer for their examination and certi- fication as in the case of the original petition. VIII. If the certificates of the city attorney and the city engineer show that the petition is regular, legal and sufficient as hereinbefore provided, then the city council shall by resolution direct the city clerk to cause a copy of said petition to be published for three (3) days in the official paper of the city, with a notice thereto attached directed to the property owners generally in said district that they shall have twenty (20) days from the first day's publication of said petition and notice to file a protest in CITY CHARTER. 51 the office of the city clerk against the regularity or sufficiency of said petition, or any signature thereon. This provision shall apply only to petitions for an improvement and shall not apply to petitions for the designation of materials to be used in making said improvement. IX. The property owners in any improvement district shall have twenty (20) days from the first day's pubUcation of said petition as notice as hereinbefore provided to file with the city clerk a protest against the regularity, legality or sufficiency of said petition or any signature thereon; which protest shall be verified b}' the party making the same, who shall state under oath and set forth with particularity all the defects in said petition, and if relating to the ownership of any property, shall give the name and address of the true owner thereof, and shall state under oath that said protest is made in good faith. At any time Anthin ten (10) days after the expiration of the time for fifing a protest, supplemental petitions for the improvement may be filed and when so filed shall be considered as a part of the original petition, but the property owners within such districts shall have ten (10) days from the date of fifing of such supplemental petitions in which to file a protest against the regularity, legaHty or suf- ficiency of any of the signatures thereon or against the original petition as so supplemented. No further notice of the fifing of such supplemental petition shall be required and such supple- mental petition need not be published. When any such protest has been filed with the citj^ clerk within the times hereinbefore specified, the improvement petitioned for shall not be ordered until the cit}' council shall have given the party protesting a hear- ing upon such protest and shall have upon the evidence, found, adjudged and determined said petition to be regular, legal and sufficient, and not then until after the time has expired for per- fecting an appeal from said finding judgment and determination. X. In case a protest is filed, the city council shall have power and it shall be their duty to hear and by resolution de- termine and adjudicate the objections raised by any protest and all matters relating to the regularity, legality and sufficiency of such petition and supplemental petition at a special meeting called for that purpose, but only after giving notice to the party protesting of the time, place and purpose of the said meeting of said council. Such notice shall be by pubfication in the oflicial paper of the city for three (3) days prior to said meeting, unless said said notice is waived in writin";. 52 CITY CHARTER. XI. In case no protest is filed, within the time hereinbefore provided, the city council shall have the power at any regular or special meeting, without further notice, to find, adjudge and determine by resolution that such petition is regular, legal and suf^cient. In either case, such resolution of determination and adjudi- cation shall be final and binding as the final order, judgment and determination of a court of inferior jurisdiction; and after the passage of such resolution adjudging said petition to be regular, legal and sufficient, no court shall entertain any action for the pur- pose of attacking the regularity, legahty or sufficiency of such petition, except upon appeal as hereinafter provided. If said resolution adjudes and determines such petition to be regular, legal and sufficient, the mayor and city council shall have power and jurisdiction to order the improvement within said improve- ment district by ordinance, provided the party protesting does not M'ithin ten (10) days from the date of the passage of said resolu- tion perfect an appeal to the district court from said finding, judg- ment and determination of the city council as hereinafter provided. Any person protesting against a petition for an improvement as hereinbefore provided shall have the right within said ten (10) days to appeal from such finding, judgment and determination of the city council to the district court of the county within which such city is located, but only upon filing with the city clerk a good and sufficient bond in the sum of two thousand (2,000)dollars with two or more sureties thereon, to be approved by the clerk of said city, conditioned that the said party so appeahng shall prosecute his appeal in said district court without delay and shall if the judgment of the city council is sustained pay all costs and expenses of such appeal and pay to the defendant city a reasonable amount, to be fixed by the district court, as attorney fees, and all damages sustained by reason of such appeal. The remedy by appeal herein allowed shall be deemed and held to be exclusive. In case the city council shall by resolution adjudge and deter- mine the petition to be irregular, illegal or insufficient the said petition shall have no further force and effect, and shall not be considered in any future proceeding connected with such im- provement. Section 109. The mayor and council shall have power by resor lution to establish the grade of all streets and alleys without a petition of the owners of the abutting property. When such CITY CHARTER. 53 grade has been established it may be changed only as provided in this act. Section 110. The mayor and council may by resolution declare the necessity of a change of grade of any street or part of street according to a plat and specifications prepared by the city engineer and kept on file in his office. Such resolution shall further provide that the grades on such street, streets,, or part thereof will be changed as proposed unless sufficient owners protest against such change within thirty days. Such resolution shall be published in the official newspaper for five consecutive days. The council may provide for additional notices to be served upon interested property owners or posted in conspicious places along such street or for notice by mail, but the failure to give such additional notices shall not invalidate such proceedings. Section 111. If the record owners of property representing forty per cent of the taxable property abutting on the street or streets affected by the proposed change of grade, file protests with the city clerk within thirty days from the approval of such resolution or within such further time fixed in such notice, no further pro- ceedings shall be had unless the record owners of a majority of the frontage of such taxable property, shall file a petition for such change of grade. Section 112. The mayor and council may also order a change of grade by ordinance and without the adoption or pubHcation of a resolution as above provided, when a petition for such change of grade has been signed by the record owners of a majority of the frontage of taxable property abutting on the street or part of street affected by the proposed change of grade. Such petition and ordinance may include all intersecting streets for a distance of not more than one block on either side of said street. Section 113. The mayor and council may order any street or streets, or parts thereof worked or reduced to the established grade by resolution ; permitting protests and petitions, or by ordi- nance upon a petition of the record owners of a majority of the frontage of taxable property, in the same manner as provided above for changing the grade of streets, and assess one-half the cost thereof upon the abutting and adjacent property according to the benefits accuring by reason of such grading. No street, or part thereof shall be grarled to less than its full width, or to other than the established grade except upon the petition of record 54 CITY CHARTER. owners representing the majority of the frontage of taxable prop- erty abutting upon said street or part thereof. Section 114. But the city council shall order the grading of any street or streets, or parts thereof, on the petition of the record owners representing sixty per cent of the frontage of the taxable property abutting on said street or streets, requesting such grad- ing to be done without cost to the city. In such case the entire cost of such grading shall be assessed upon the property benefited. Section 115. Before the adoption of an ordinance changing the grade of any street or an ordinance ordering any street or streets reduced to the estabhshed grade, the council shall appoint a committee of at least three members of the council to make an appraisement of the damages arising from such change of grade or such grading. They shall take into consideration the amount of the special benefits, if any arising from such change of grade or grading, and shall file their report in writing with the city clerk within ten days from the date of their appointment. In apprais- ing the damages for grading they shall exclude any damages resulting from any change or changes of the first established grade. Section 116. Any owner of property abutting on said street who files a written protest before the adoption of such report by the council may appeal within thirty days after the adoption thereof but such appeal shall not operate to stay the passage of the ordinance changing such grade or ordering such grading. Section 117. All damages for change of grade or for grading, shall become due and payable sixty days after the creation of a special fund therefor by the assessment of such damages upon the property benefited by such change of grade or grading. Section 118. All petitions for changing the grade of streets or for grading streets, shall contain a waiver of damages, and all petitions or protests must conform to the requirements of this act relating to the form of petitions for street improvements. The above provisions shall not apply to ordinary repairs of streets or alleys or to such minor fills or cuts as may be necessary to adjust, construct or repair sidewalks. Section 119. The council shall have power, and is hereby authorized to assess the damages awarded or recovered for grading, change of grade or for the cost of grading or for the appropriation of private property, upon the lots and lands specially benefited CITY CHARTER. 55 thereby; and in case of the appropriation of land for the widening of a street, avenue or alley, the council may consider, for the purpose of determining benefits and equalizing such assessment, whether any portion of the street, avenue or alley had been previ- ously donated from any lot or piece of land abutting or adjacent thereto; Provided, that this section shall not be taken to apply to the appropriation of any gas works, electric light plant or water works system, plant or property. Section 120. The mayor and city council shall have power to construct or repair sidewalks along any street or part thereof of such material and in such manner as they may deem necessary, and to assess the cost thereof upon abutting property. Such assessments except for wooden sidewalks and sidewalk repairs, shall be equahzed and levied as other special assessments. Section 121. Where the grade of any street or part of a street has not been established, or where a street has not been worked or filled to the estabhshed grade, or where a street has been graded but does not conform to the established grade the owners of lots or lands abutting on such street shall only be required to construct or repair such sidewalks along such streets with brick, macadam or such other material, except stone or artificial stone, as the mayor and council may direct. No wooden sidewalks shall be constructed by the city and the cost thereof assessed upon the abutting property except where the mayor and council may deem it inadvisable to build permanent sidewalks and shall by concurrent resolution order such wooden walk to be constructed. Before any sidewalk shall be constructed or repaired by the city the owner or owners of the lots or lands to be assessed shall be given notice to construct or repair such sidewalk and shall have twenty days after the giving of such notice within which to con- struct or repair the same. Such notice shall be served or published as directed by ordinance, and if such notice be by publication it shall be sufficient to address such notice to its owner general!}'. The city clerk shall give an additional notice by registered letter directed to the last known address of such owners or their agents, but the failure to give such additional notice shall not invalidate such proceedings or the special assessment for such sidewalk. In case the owner or owners shall fail to construct or repair such sidewalk as directed the city may construct, or repair said walk and assess the cost thereof upon the abutting property. Side- walks constructed under the provisions of this act shall not exceed 56 CITY CHARTER. four feet in width except when constructed upon streets conform- ing to the estabhshed grade. Where the owner or owners of abutting property fail to keep in repair the sidewalk adjacent thereto they shall be liable for all damages or injuries occasioned or recovered by reason of the defective or dangerous condition of such sidewalk. Section 122. The mayor and City Council shall have power to open, extend, widen, narrow, curb and gutter, or otherwise im- prove and keep in good repair, or cause the same to be done, in any manner they may deem proper, any street, avenue, or alley within the limits of the city. They shall also have power to assess the cost of such improvement upon the property especially benefited thereby, and to assess and collect the same as other special assessments. No street, alley, or avenue, or portion thereof shall be narrowed to a width of less than sixty-six feet except on a petition of the record owners of a majority of the foot frontage of such street or portion thereof. When any street is hereafter narrowed the portion thus vacated shall revert to the owners of the abutting property. The city shall retain the title to all streets that are vacated until sold and conveyed by deed. Wherever the term, street, is used in this act such term shall include alleys, avenues, boulevards, lanes, or any form of public roadway in the city. Section 123. The mayor and council shall have power to pro- vide for the sprinkHng of the streets of said city, and for the purpose of accomplishing such sprinkling, may by ordinance, create suitable districts to be designated ''Sprinkling Districts," and may order and direct the work of sprinkHng to be done upon the streets, or any or all thereof, therein. Said sprinkling shall be done only upon contract in writing, let upon advertisement to the lowest responsible bidder; such advertisement shall specify the district or districts proposed to be sprinkled, especially describing the same, and bids shall be made and contracts let with reference to such district or districts so specified. For the purpose of paying the cost of sprinkling herein contemplated and so contracted for, the mayor and council shall have power and they are hereby authorized to levy and assess the costs of sprinkling in any district or districts upon all lots, land, grounds, property and estate therein; such tax or assessment to be equal and uniform upon all CITY CHARTER. 57 feet front of propert}^ within or abutting upon the streets, within the districts so created. Such assessment shall be a lien upon all such lots, lands and real estate, and shall be enforced and collected as are other special assessments. Section 124. The mayor and council shall have the right to control and direct all work upon the pubhc streets, except as herein otherwise provided, also by ordinance to adopt any and all reason- able regulations relating to excavations in the streets, or public grounds by any and all parties, including water works, gas and all other franchised corporations or public contractors, and to enforce such regulations may impose such penalties for their violation as the}' may deem proper. Section 125. No owner of real estate within the corporate limits of such city shall be permitted to sub-divide said real estate into blocks and lots, or parcels, without having, first obtained from the city engineer a plat or plan for the avenues, streets and alleys, to be laid out within or across the same, and such plat shall be made so that such avenues, streets and alleys, so far as practicable shall correspond in width, name and direction and be continuous of the avenues, streets and alleys in the city contiguous to or near the real estate to be sub-divided as afore- said and the mayor and council shall have power to compel the owner of such real estate, in sub-dividing the same, to lay out and dedicate to the public the avenues, streets and alleys to be within or across such real estate in accordance with said plat and shall further have the power to prohibit the selhng or offering for sale any lots or parts of such real estate not sub-divided and platted as herein required. Any and all additions to be made to the city shall be made so far as the same relates to the avenues, streets and alleys therein, under and in accordance with the fore- going provisions. Section 126. The mayor and city council shall have power by ordinance to change the boundaries or limits of metropohtan cities where the owners of real estate within the boundaries of such city petition to have such real estate disconnected. But in no case shall such limits be changed unless the city council finds, (1) that such lands adjoin the limits or boundaries of the city, (2) that such lands are too remote from the inhabited portions of the city to receive the benefits of city government including city lights, and fire and police protection, (3) That such lands are 58 CITY CHARTER. used for agricultural purposes, (4) That the amount of city taxes levied are gross and inequitable as compared to the benefit de- rived from such taxation. Before the adoption of any ordinance changing or reducing the city limits, the council shall estimate the pro rata share of the general bonded indebtedness of the city which should be paid by taxation of the lands to be disconnected and shall in the same ordinance assess a tax on such land equal to such share. Such tax shall be collected as other special assess- ments. Any petitioner may appeal from the decision of the city council as provided in this act but the remedy by appeal shall be exclusive. Provided, that any real estate situated within five hundred (500) feet of any line of track of any street railway company, or within any street improvement or sewer district shall not be disconnected from such city. Section 127. The mayor and council shall have power to con- struct- any bridge declared by ordinance necessary and proper for the passage of railway trains, street cars or motor trains, or teams and pedestrians across any stream either adjacent to or wholly within any cit}^ of the metropolitan class at any point on such stream or within two miles from the corporate limits of such city with such conditions and regulations concerning the use of such bridge as may be deemed proper, and shall have power to license and regulate the keeping of toll bridges within or terminating within the city for the passage of persons, teams and property over any river passing wholly or in any part within or running by and adjoining the corporate limits of any such city; to fix and deter- mine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and deter- mined, from all persons passing over or using the same. Section 128. To require any railway company or companies owning or operating any railway track or tracks upon or across any public street or streets of the cit}', to erect, construct, reconstruct, complete and keep in repair any viaduct or viaducts upon or along such street or streets and over or under such track or tracks, including the approaches of such viaduct or viaducts as may be deemed and declared by the mayor and council necessary for the safety and protection of the pubHc. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the mayor and council shall provide for appraising, assessing and determining the damage. CITY CHARTER. 59 if any, which may be caused to any property by reason of the construction of such viaduct and its approaches. The proceedings for such purpose shall be the same as provided herein for the pur- pose of determining damages to property owners by reason of the grading of a street, and such damage shall be paid by the city, and may be assessed by the city council against property benefited. The width, heighth and strength of any such viaducts and ap- proaches thereto, the material therefor, and the manner of con- struction thereof, shall be as required by the city engineer, and approved by the mayor and council. When two or more rail- road companies own or operate separate lines of track to be crossed by any such viaduct, the proportion thereof, and the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be determined by the mayor and council. It shall be the duty of any railroad company or companies upon being required as herein provided to erect, construct, reconstruct or repair any viaduct, to proceed within the time and in the manner re- quired b}^ the mayor and council to erect, construct, reconstruct or repair the same, and it shall be a misdemeanor for any rail- road company or companies to fail, neglect or refuse to perform such duty, and upon conviction of any such company or companies shall be fined one hundred dollars, and each day such company or companies shall fail, neglect or refuse to perform such duty shall be deemed and held to be a separate and distinct offense, and in addition to the penalty herein provided any company or companies shall be compelled by mandamus or other appropriate proceedings to erect, construct, reconstruct or repair any viaduct as may be required by ordinance as herein provided. The maj^or and council shall also have power whenever any railroad company or companies shall fail, neglect or refuse to erect, construct, re- construct or repair any viaduct or viaducts after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction or repair of any such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the cost of the erection, construction, reconstruction or repair of such viaduct or viaducts against the property of the railroad company or comjDanies required to erect, construct, reconstruct or repair the same, and such costs shall be valid and subsisting lien against such property and shall also be a legal indebtedness of said company or companies in favor of such city, and may Ije enforced and collected by suit in the i)roi)er court. 60 CITY CHARTER. Section 129. The mayor and council shall have power to lay off the city, or parts thereof, into suitable districts for the purpose of estabhshing a system of sewerage and drainage; to provide such system and regulate the construction and repairs and use of sewers and drains, the reconstruction of sewers in any district or part thereof and all proper house construction and branches and provide penalties for any obstruction of, or injury to any sewer or part thereof, and to require and compel sewer connec- tions to be made. Section 130. Special assessments may be levied by the mayor and council for* the purpose of paying the cost of constructing or reconstructing sewers or drains within the city; such assessments to be levied on the real estate benefited by the sewer so constructed or reconstructed to the extent of the benefits to such property by reason of such improvement, the benefit to such property to be determined, equalized, levied and collected as in other cases of special assessments. Where the council, sitting as such board of equalization, shall find such benefits to be equal and uniform, such levy may be according to the front feet of lots or real estate benefited, or according to such other rule as the council, sitting as such board of equalization, may adopt for such distribution or adjustment of such cost upon the lots or real estate benefited by such improvement. Section 131. The mayor and council shall by ordinance require .the issuance of a permit to connect with any sewer on any street, alley or private property and shall require the sewer assessment on the abutting property to be paid before such permit is issued. In case the cost of the sewer has not been assessed, or such assess- ment has been declared invalid b}^ any court of competent juris- diction such ordinance shall require the payment of the pro rata share of the cost of such sewer before such permit is issued. Section 132. The mayor and council shall have power to re- quire any and all lots or pieces of ground within the city to be drained, filled or graded, and upon the failure of the owners of such lots or pieces of ground to comply with such requirements, after thirty days notice in writing the mayor and council may cause the same to be drained, filled or graded, and the cost and expense thereof shall be levied upon the property so filled, drained or graded and shall be ec|ualized and assessed and collected as other special assessments. Section 133. The mayor and council shall have power to provide CITY CHARTER. 61 for the safety and protection of private property where damages are likeh' to occur by the action of the elements or through the carelessness or negligence of any servant or officer of the city, and to establish, alter and change the channels of streams and water courses within the city and bridge the same. Provided, that any such improvement costing in the aggregate a sum greater than twenty thousand dollars, shall not be authorized until the ordinance providing therefor shall be first submitted to and ratified by a majority of the legal voters of such city voting thereon. Section 134. The mayor and council shall have power to regu- late and provide for the lighting of streets, laying down gas, and other pipes and erection of lamp posts, electric towers or other apparatus, and to regulate the sale and use of gas and electric lights, and fix and determine the price of gas, the charge of electric lights and power, and the rents of gas meters within the city, and regulate the inspection thereof,, and regulate telephone service and the use of telephones within the city, and to fix and determine the charges for telephones and telephone service connections; and to proliibit or regulate the erection of telegraph, telephone or electric wire poles, or other poles for whatsoever purpose desired or used in the public grounds, streets or alleys and the placing of wires thereon, and to require the removal from the public grounds, streets or alleys of any or all such poles, and require the removal and placing under-ground of any or all telegraph, telephone or electric wires. Section 135. All horse, cable, steam, electric or other railway companies existing or hereafter created in cities of the metro- pohtan class, already incorporated or hereafter organized, shall be required to pave or repave at their own cost all the space be- tween their rails. The tracks herein referred to shall include not only the main tracks, but also side tracks, crossings and turnouts used by such companies, and also when two or more companies occupy the same street or alley with separate tracks, then each company shall be responsible for the proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Said paving or repaving by the said railway companies shall be done at the same time and shall be of the same material and character as the paving or repaving of the streets upon which said railway track is located, unless other material be specifically ordered by the city council. Section 136. All street railway companies shall be required to 62 CITY CHARTER. keep that portion of the street, which they are herein required to pave and repave, in good and proper repair, using for said purpose the same material as the street upon which the track or tracks are laid at the point of repair, or such other material as the city council may require and order; and as streets are hereafter paved or repaved street railwa}^ companies shall be required to lay in the most approved manner a fiat rail to be ap- proved by the city council. The tracks of all railway companies when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public. Said companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair or for obstructing the streets or avenues of any such city, for injuries to persons, or property arising from the failure of such company to keep their tracks in proper repair and free from obstructions, such company shall be liable, and the city shall be exempt from liability. The word "companies" as used in this act shall be taken to mean and include any persons, companies, corporations, or associations owning or operating street or other railway in such city. Section 137. In the event of the refusal of an}^ street railway company to pave, repave or repair as required under the provi- sions of this act, when so directed by the mayor and council, upon the paving and repaving or repairing of any street upon which their track is laid, the mayor and council shall have power to pave, repave or repair the same and the cost and expense of such paving, repaving or repairing may be assessed, levied and col- lected as other taxes. Such tax shall constitute a prior hen on the property of such company. Section 138. 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, or any part thereof dehnquent or unpaid, in any court having jurisdiction of the amount, and obtain judgment, and have execution therefor or such other process of law as may be necessary, 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 execution out of the dis- trict court on a judgment therein, transcript of judgment filed therein, as now provided by law. Xo property seized by the city treasurer as hereinbefore provided or upon any such execu- tion, shall be taken from the officer holding the same on any order CITY CHARTER. 63 of replevin. No defense shall be allowed in anj- such civil action except such as goes to the groundwork, equity and justice of the tax, and the burden of proof shall rest upon the party assaihng the tax. In case part of such special tax shall be shown to be invalid, unjust and inequitable, judgment shall be rendered for such amount as is just and equitable, and costs shall follow the judgment. It shall be competent for the mayor and council, upon the written application of any company, association, corpo- ration or person, owning any such street railway, to provide that such special taxes shall become deHquent and be payable in installments,' as in case of taxes levied upon real estate as here- inafter provided; but such appHcation shall be taken, and deemed a waiver of any and all objections to such taxes, and to the validity thereof. Such application shall be made before the final levy of such taxes. Section 139. Whenever the owners of a majority of the feet front of real estate abutting upon any street or part of a street or in any improvement district shall petition the mayor and council in writing requesting the extension of any horse, cable, electric or other railways, to be constructed upon such street or part of a street or in such district, and in such petition, waive the obhgation of the street railway company or the owner of such street railway to pave or repave between the rails of its tracks or be assessed therefor as" by law provided, then the railw^ay com- pany or owner may construct a line of railway along said street or part of street and in such district covered by said petition, and shall not be required to pave or repave between the rails of its tracks or be assessed therefor, but such paving or repaving shall be done by the city and paid for by taxation upon property as other paving or repaving is done by the city; such petition shall be spread on the journal as a permanent record. Section 140. The mayor and council shall have power to ap- propriate private property for the use of the city for streets, alleys, avenues, parks, parkways, boulevards, sewers, pubhc squares, market places, gas works, power plants, electric light plants and water works, including mains, pipe Hues and setthng basins there- for, the right and power to appropriate private property for such purposes shall extend for a distance of seventy-five miles from the .corporate limits of the city. They shall also have power to ap- propriate any water works system, plant or property already constructed to supply tlic city and the inhabitants thereof with 64 . CITY CHARTER. water, or any part thereof, whether lying or being wholly within said city or in part therein and in part without the city, and with- in ten miles from the corporate limits of such city, including all real estate, buildings, machinery, pipes, mains, hydrants, basins reservoirs, and all appurtenances reasonably' necessary thereto, and a part of, or connected with, said system, plant or property, and franchises and they shall have power to own and operate the same. Upon condemning private property under such au- thority, the city clerk shall cause to be recorded an accurate plat, and a clear, definite description of the property so taken, in the office of the registers of deeds of the county within which such city is located, within sixty days after the other legal steps for the acquisition of such title shall have been taken. Section 141. The mayor and council shall have power to erect, construct, purchase, maintain and operate subways or conduits, water works, gas works and electric light plants and power plants either witliin or without the corporate limits of the city, and shall have power to fix, charge and collect a rental or compensation for the use of subways or conduits and of water, gas or electric lights or power furnished consumers, and to make all needful rules and regulations concerning the use of such subways, con- duits, water, gas or electric lights or power and to do all acts necessary for the construction, completion, management and control of the same, including the appropriation of private property for the public use in the construction and operation of the same, compensation for such appropriation to be made as is provided by this act. Section 142. Whenever it shall become necessary to appro- priate private property for the use of the city for streets, alleys, avenues, sewers, parkways, boulevards, public squares, gas works, power plants, electric light plants, water works or other purposes authorized by this act, and such appropriation shall be declared necessary by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who, after being duly sworn to perform the duties of their ap- pointment with fidelity and impartiality, and after reasonable notice to the owners and parties interested in said property, shall assess the damages to the owners of the property and parties interested therein respectively taken by such appropriation. Such assessment shall be reported to the city council except in case of the appropriation of water works, when such assessment CITY CHARTER. 65 shall be reported to the water board, and said board, after ex- amination, shall submit the same with its recommendations to the mayor and council for confirmation, and if the same shall be confirmed, the damages so assessed shall be paid to the owners of such property or deposited with the city treasurer subject to the order of such owners respectively, after which such property may at any time be taken for the use of the city. If the assess- ment be not confirmed by the council, proceedings may be taken anew to assess the damages; Provided, however, that in all cases involving an amount of fifty thousand ($50,000. 00) dollars or more, there shall be appointed five appraisers, and the assessment, if recommended for approval by the city council or the water board, as the case may be, and confirmed by the mayor and city council, must be submitted to the electors of the city at a general or special election. The proposition to approve the assessment may also .include a proposition to vote bonds for the amount of such assessment. If such proposition receive the necessary ma- jority then such assessment shall be sustained, and the mayor and council shall be authorized to issue the necessary bonds for said purpose, or to draw upon such funds as shall be designated in such proposition. Section 143. When by this act the power is conferred upon the mayor and council to do and pej'form any act or thing, and the manner of exercising such power is not specially pointed out, the mayor and council may provide b}' ordinance the det ils necessary for the full exercise of such power. Each city governed b}^ the provisions of this act shall be a body corporate and politic, and shall have power: First — To sue and be sued. Second — To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third — To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be conducive to the interests of the city. Fourth — To make all contracts and do all other acts in relation to the property and concerns of the city necessar}- to the exercise of its corporate or administrative powers. Fifth — To exercise such other and further powers as may be conferred by law. The power hereby granted shall be exercised by the mayor and council of such city, as hereinafter set forth, except when otherwise specially provided. Section 144. In addition to the powers herein granted, cities governed by this act shall have power by ordinance: 66 CITY CHARTER. I. To levy any tax or special assessment authorized by law and to appropriate money and provide for the payment of the debts and expenses of the city. II. To provide a corporate seal for the use of the city, and also any official seal for the use of any officer, board or agent of the city, whose duties under this act or under any ordinance require an official seal to be used. Said corporate seal shall be used in the execution of municipal bonds, warrants, conveyances and other instruments and proceedings, as this act or the ordi- nances of the city require. III. To provide all needful rules and regulations for the protection and preservation of health within the city, and for this purpose may provide for the enforcement of the use of water from pubhc water supphes where the use of water from other sources shall be deemed unsafe. IV. To appropriate money and provide for the payment of the debts and expenses of the city. V. To adopt all such measures as they may deem necessary for the accommodation and protection of strangers and the travel- ing public in person and property. VI. To punish and prevent the carrying of concealed weapons, the discharge of firearms, fireworks or explosives of any description within the city. VII. To regulate the weighing and measuring of hay, wood, and other articles exposed for sale, and of all coal sold or delivered within the city, and to provide for, hcense, and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables and all other provisions or articles of food exposed or offered for sale in the city, and to prescribe the weight and quahty of bread exposed or offered for sale in the loaf. Also to provide for the inspection of weights and measures or weighing apparatus. VIII. To require of all officers or servants, elected or ap- pointed in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of another, or upon any bond executed to the city. IX. To require from any officer of the city at any time a report in detail of the transactions of his office, or any matter connected therewith. CITY CHARTER. 67 X. To provide for the prevention of cruelty to children or animals. XI. To regulate, license or prohibit the running at large of dogs, and guard against injuries or annoyance therefrom, and to authorize the destruction of the same when running at large contrary to the provision of any ordinance. XII. To provide for keeping sidewalks clean and free from obstructions and accumulations and may provide for the assess- ment and collection of taxes on real estate, and for the sale and conveyance thereof to pay the expenses of keeping the sidewalk adjacent to such real estate clean and free from obstructions and accumulations as herein provided. XIII. To provide for the planting and protection of shade or ornamental and useful trees on the streets and boulevards under the direction of the park board and to assess the cost thereof upon the abutting property as a special assessment and to provide for the protection of birds and animals and their nests. XIV. To provide for, regulate and require the numbering or renumbering of houses along pubHc streets or avenues; to care for and control, to name and rename streets, avenues, parks and squares within the city. XV. To provide for the destruction of weeds and worthless vegetation growing upon vacant lots or lands if the owner fails to do so after five days notice as required by ordinance and to assess the cost thereof upon such lots or lands as a special assess- ment. XVI. To prohibit and regulate the running at large or the herding or driving of domestic animals, such as hogs, cattle, horses, sheep, goats, fowls or animals of any kind or description, within the corporate Imits, and provide for the impounding of all animals running at large, herded or driven contrary to such prohibition, and also for the forfeiture and sale of animals im- pounded, to pay the expense of taking up, caring for, and selling the same, including cost of advertising and fees of officers. XVII. To regulate the transportation of articles through the streets and to prevent injuries to the streets from overloaded vehicles, and regulate the width of wagon tires and tires of other vehicles. XVIII. To prevent or regulate the rolling of hoops, playing 68 CITY CHARTER. of ball, flying of kites, the riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks or to frighten teams or horses. To regulate the use of vehicles propelled by steam, gas, electricity, or other motive power, operated on the streets of the city. XIX. To regulate or prohibit the transportation and keep- ing of gun powder, oils and other combustible and explosive articles. XX. To regulate, license or prohibit the sale of domestic animals, or of goods, wares and merchandise at public auction on the streets, alleys and highways, or any public ground within the city. XXI. To regulate and prevent the use of streets, sidewalks and public grounds for signs, posts, awnings, awning posts, scales or other like purposes ; to regulate and prohibit the exhibition or carry- ing or conveying of banners, placards, advertisements, or the dis- tribution or posting of advertisements or handbills in the streets or public grounds, or upon the sidewalks. XXII. To provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting or using obscene or profane language in the streets or other public places, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd and lascivious behavior, XXIII. To provide for the punishment of vagrants, tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pick-pockets, gamblers, burglars, thieves, or persons who practice any game, trick or device with intent to swindle; persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, and to punish tres- passers upon private property. XXIV. To prohibit, restrain and suppress tippling shops, houses of prostitution, opium joints or dens, gambhng houses, prize-fighting, dog-fighting, cock-fighting and other disorderly houses and practices, all games and gambhng, and desecration of the Sabbath (commonly called Sunday) and all kinds of indecencies; also to regulate and license or prohibit the keeping and use of billiai'd tables, ten pins or ball alleys, shooting galleries and other similiar places of amusment and to prohibit and suppress, bj^ CITY CHARTER. 69 ordinance, all lotteries and gift enterprises of all kinds under whatsoever name carried on. XXV. To make and enforce all police regulations for the good government, general welfare, health, safety and security of the city and the citizens thereof, in addition to the police powers expressly granted herein, and in the exercise of the pohce power may pass all needful and proper ordinances; and shall have power to impose fines, forfeitures, penalties, and imprisonment at hard labor for the violation of any ordinance, and to provide for the recovery, collection and enforcement thereof. And in default of payment to provide for the confinement in the city or county prison, workhouse or other place of confinement with or without hard labor as may be provided by ordinance. XXVI. To prevent horse-racing, and immoderate driving or riding in the streets, and to compel persons to fasten their horses or other animals attached to vehicles, while standing in the streets. XXVII. To establish and maintain public libraries, reading rooms, art galleries and museums, and to provide the necessary grounds or buildings therefor; to purchase books, papers, maps, manuscripts and works of art, and objects of natural or scientific curiosity and instruction therefor; and to receive donations and bequests of money or property for the same in trust or otherwise. They may also pass necessary by-laws and regulations for the protection and government of the same. XXVIII. To erect, designate, estabHsh, maintain and regulate hospitals or work houses, houses of correction, jails, station houses, fire engine houses, asphalt repair plant, and other necessary buildings. Also plants for the disposal of garbage. Provided, that where contracts for such disposal of garbage now exist they shall not be extended nor shall any new contract be entered into for such work. XXIX. To erect and estabhsh market houses and market places, and to provide for the erection of all other useful and necessary buildings for the use of the city and for the protection and safety of all property owned by the city, and they may locate such market houses and market places, and buildings aforesaid, on any street, alley or public ground, or on any land purchased for such purpose. XXX. The mayor and council shall have power to prohil:)it 70 CITY CHARTER. the establishment of additional cemeteries within the limits of the city, and to regulate the registration of births and deaths, to direct the keeping and returning of bills of mortality, and to im- pose penalties on physicians, sextons and others for any default in the premises. XXXI. To provide for the inspection of steam boilers, electrical light appliances, pipe fittings and plumbings, and regulate their erection and construction, and to appoint inspectors, and to declare their powers and duties, except as herein otherwise provided. XXXII. To prescribe fire limits and regulate the erection of all buildings and other structures within the corporate limits. To provide for the removal of any building or structure or addi- tion thereto, erected contrary to such regulations, also provide for the removal of dangerous buildings, and provide that wooden buildings shall not be erected, or placed or repaired in the fire limits. Such ordinance shall not be suspended or modified by resolution nor shall exceptions be made by ordinance or resolu- tion in favor of any person, firm or corporation or concerning any particular lot or building. To direct that all and any building within such fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent of the value of a similiar new building above the foundation, shall be torn down or removed, and to prescribe the manner of ascertain- ing such damages and to assess the cost of removal of any building erected or existing contrary to such regulations or provisions, against the lot or real estate upon which such building or structure is located or shall be erected, or such costs may be collected from the owner of any such building or structure and be enforced by civil action in any court of competent jurisdiction. XXXIII. To regulate the construction, use and mainte- nance of party walls, and to prescribe and regulate the thickness, strength, and manner of constructing stone, brick, wood or other buildings, the size and shape of brick and other material placed therein, and to prescribe and regulate the construction and arrange- ment of fire escapes and placing iron and metalHc shutters and doors therein and thereon, and to provide for the inspectino of elevators and hoist-way openings to avoid accidents; to pre- scribe, regulate and provide for the inspection of all plumbing, pipe-fitting or sewer connection in all houses or buildings now or hereafter erected; to regulate the size, number and manner of CITY CHARTER. 71 construction of halls, doors, stairways, seats, aisles, and passage ways of theatres, tenement houses, audience rooms and all build- ings of a pubHc character, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fire; to prevent the. dangerous construction and condition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and heating apphances, used in or about any building or a manu- factory, and to cause the same to be removed or placed in safe condition where they are considered dangerous; to regulate and prevent the carrying on of manufactures dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause such buildings and enclosures as may be in a dangerous state to be put in a safe condition; to prevent the disposing of and deHvery or use in any building or other structure, of soft, shelly and imperfectly burned brick or other unsuitable building material within the city hmits, and providing for the inspection of the same; to provide for the abatement of dense volumes of smoke; to regulate the construction of area ways, stair ways and vaults, and to regulate partition fences; to enforce proper heating and ventilation of buildings used for schools, work houses, or shops of every class wherein labor is employed or large numbers of persons are liable to congregate. XXXIV. To regulate levees, depots and depot grounds, and places for storing freights and goods, and to provide for and regulate the laying of tracks and the passage of steam, cable, horse or other railways through the streets, alleys and pubhc grounds of the city. XXXV. To regulate the crossing of railway tracks, to regulate the running of railway engines, cars and trucks within the limits of the city, and to make other and further rules and restrictions to prevent accidents at crossings and on tracks of railroads, and to prevent fires from engines; also to regulate and prescribe the time and manner of running street cars within the city, and require the heating and cleaning of such cars, and to fiax nd determine the fare to be charged. XXXVI. To require the hghting of any railway within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and may fix and determine the number, size and style of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such Hghting, and tlie points of location for such lamp posts, and in case any company owning 72 CITY CHARTER. or operating such railways shall fail to comply with such require- ments, the council may cause the same to be done and may assess the expense thereof against such company, and the same shall constitute a hen upon any real estate belonging to such company and h'ing within such city, and may be collected in the same manner as taxes for general purposes. Section 144a. The city council of such city is hereby authorized, directed and required to levy and collect the number of mills reported and demanded b}^ the Board of Education of metropohtan School Districts as now and heretofore required by law govern- ing such School District and nothing herein contained shall be construed to in any manner repeal, amend or abridge such school law. Section 145. It shall be the duty of the council to annually certify by resolution to the county clerk of the county in which such city is located, a gross sum to be raised by taxation for all municipal purposes for the ensuing calendar year upon all taxable property within the hmits of the city. Such gross sum shall not exceed the amount of seven hundred and fifty thousand ($750,000) dollars for general purposes and such additional sum not exceeding two hundred and fifty thousand ($250,000) dollars as may be fixed and determined by the council for a sinking fund, to pay the interest on the general bonded indebtedness of the city. The council shall certify such sums before the county board of equali- zation has made a levy for county taxes. The council shall also certify the levy required by the Board of Education of such metro- politan school district and any other sum to the said county clerk as may be required by this act or by general law. Section 146. The city council shall annually, in the first week in January after the levy provided for in the above section, set aside the following funds to be designated specific funds. The amounts hereinafter named shall be the maximum amounts that may be set aside in each specific fund and the maximum amount that may be expended from the taxes and other incomes of the city during the ensuing year, unless otherwise provided in this act. For the fire department. One Hundred and Seventy-five Thousand Dollars. For the police department. One Hundred and Fifteen Thousand Dollars. For lights on streets and public grounds. Seventy Thousand Dollars. CITY CHARTER. 73 For the public library. Twenty-two Thousand Dollars. For the park board. Thirty Thousand Dollars. For cleaning and sweeping pavements. Forty Thousand Dollars. For repairing pavements, modifying, reforming or changing and maintaining curbs and gutters. Thirty Thousand Dollars. For a fund for general expenses not specified above. Two Hundred and Sixty-eight Thousand Dollars. Section 147. At the same time the council shall divide the general fund into the following specific funds which shall be subject to the same limitations as the specific funds provided for in the above section. 1. Payment of judgments and costs in the ensuing year. 2. Repairs to sewers. 3. Repairs to unpaved streets. 4. Construction or repair of bridges, viaducts and drains. 5. Salaries of inspectors of public improvements. 6. Salaries of other inspectors. 7. Sidewalks at intersections. 8. Maintenance and repairs of the city hall. 9. Separate funds for salaries and expenses of each office or board not already specified. 10. Such other funds as the council may create for each year for the proper distribution of the expenditures of the city. Section 148. All receipts derived from the county road fund shall be credited to the park fund and shall be expended under the direction of the park board. All receipts from franchises or royalties derived from hghting companies shall be credited to the fund for lighting streets and pubHc grounds. Said receipts shall be added to the maximum amounts that may be expended from such funds. Section 149. The comptroller shall open an account with each specific fund crediting each fund with ninety (90) per cent, of the maximum amount and all taxes or incomes collected during the year in excess of the said ninety (90) per cent, and shall notify the mayor and council of the balance available in such funds whenever requested. Allgeneral taxes and other incomes or receipts of such 74 CITY CHARTER. city shall be credited pro rata to each specific fund by the comptroll- er unless other credits are directed M^ this act. Section 150. It shall be malfeasance in office for the ma3'or or any councilman to vote for or apjarove any expenditure from any such specific funds in excess of ninety per cent (90%) of the amount of such funds unless there be additional money in the treasury credited to such fund by the comptroller as above pro- vided, and the comptroller has certified such fact to the mayor and city council. No contract or other indebtedness shall be in- curred in addition to the amounts above provided for, except in the event of an epidemic or of some unforseen accident requir- ing immediate repair for the public good, which fact or facts must be recited in the ordinance for such appropriation and such ordi- nance must be adopted by the maj'or and two-thirds of all mem- bers elected to such council. Section 151. The balance remaining in each specific fund created b}^ this act or created b}' the council shall not be carried over, transferred or diverted in any way except as herein provided any balance remaining in an}- specific fund after all obligations created against and payable out of such fund have been paid, redeemed or cancelled shall be transferred to the sinking fund. by the comptroller without further direction of the council. Pro- vided that this shall not prevent the payment of an}- warrants issued prior to the passage and approval of this act. Section 152. All cities governed by this act shall provide a sinking fund for the payment of the general bonds of the cit}' and interest thereon. The sinking fund shall be maintained from the following revenues (1.) The sum raised therefor by general taxation as above provided, (2.) All interest received from deposit of funds in bank. (3.) All taxes, except si^ecial assessments, that are delinquent on the passage of this act, (4.) All balances transferred from specific funds or any funds directed by the council to be transferred to the sinking fund. (5.) All delinquent taxesnot required to pay the warrants or other obligations of the current year for which such tax was levied. Section 153. The sinking fund shall be disbursed in the follow- ing order: (1.) Interest on general bonds of the city. CITY CHARTER. /O (2.) Such matured bonds as the council direct to be paid. (3.) Such unmatured bonds as the council may direct to be paid at such discount as may be prescribed by ordinance. (4.) Investment in registered general warrants of such city, or of any school district situated within such city, as provided in this act. Provided that the moneys in any sinking fund can not be diverted or transferred to any other purpose or fund. Section 154. The city attorney shall from time to time fix and prescribe general directions and authority to such city trea- surer to purchase and take up any general warrant of the city or of any school district situated in such city that have been pre- sented for payment and have not been paid for want of funds. Such directions shall be approved by the mayor and council and shall specify the funds to be so invested, the amount of warrants to be so invested in and as far as may be practicable arrange that warrants shall be paid before the funds are required for disburse- ment as a sinking fund. Provided that not more than fifty per. cent, of the sinking fund can be invested in Avarrants. Section 155. Each and every fund created by this act shall be strictly devoted to the purpose for which it was created, and shall not be diverted, transferred or borrowed from. Any member of the city council voting to so divert, transfer or borrow the money of any fund shall be Hable on his official bond for the amount so diverted, transferred or borrowed. Provided that inspectors of pubhc works paid from special funds may receive pay for their services from the general fund of the city monthly as other em- ployes; upon completion of such work, and the levy and collection of the special fund to pay for the same, or the sale of bonds for pubhc works or improvements, an amount equal to that paid said inspectors from the general fund may be taken from such special funds and returned to the general fund from which it was temporarily taken; and the mayor and council are hereby autho- rized to include the cost of inspection in such special funds to be levied and collected. Section 156. The authorities of the city shall not in any year, issue warrants or orders to an amount exceeding ninety (90) per cent, of the amount in each specific fund unless there be money in the treasury credited to such fund by the comi5tr()ller, and said city authorities shall not contract or incur any indebtedness 76 CITY CHARTER. in addition to the amount for which they are authorized to issue warrants, or orders or bonds. Section 157. All payments of consolidated taxes levied during the year made after October first in any year shall be held invio- late and shall not be credited to any fund or be available until after the setting aside of funds by the mayor and council in the first week of January as in this act provided; it being the intent of this provision that such payments shall be used only for ex- penses of the ensuing calendar year. Section 158. At the first meeting of the council in each month the mayor and council shall provide by ordinance for the payment of all liabilities of the city, incurred during the preceding month, or at any time prior thereto, except for the payment of wages of laborers required to be paid weekly and except claims of employes for over time. No money shall be expended except in pursuance of a specific appropriation made for that purpose by ordinance, and no liability shall be incurred, debt created, or contract involv- ing the expenditure of money approved by the city council, except by a majority of the entire council, upon call of the yeas and nays and the record of the council proceedings shall show how each member voted. Section 159. Any councilman voting to incur any liability, or to create any debt in excess of the amount limited or author- ized by law, or if the mayor shall approve any ordinance or con- tract involving the expenditure of money in excess of the amount limited or authorized by law, and any liabilities sought to be in- curred or debt created, in excess of the amount limited or author- ized by law, or to transfer any funds contrary to the provisions of this act, or in violation of other provisions of this act, shall be taken and held by any court of the state as the joint or joint and several liability and obligation of the councilmen voting for, the mayor approving the same, and the comptroller issuing such war- rant, and the voting for or approving of such liabilities, obligation or debt, or the issuance of a warrant for the same as aforesaid, shall be prima facie evidence of malfeasance in office. It is hereby made the duty of the city attorney to proceed without delay to enforce by suit such liability against such officers or any of them or from any persons or any company that may be liable on the bond of any such officer. If the city attorney shall fail, neglect or refuse to commence such suit within thirty days after a demand in writing has been made upon him by any taxpayer in such city, CITY CHARTER. 77 then, in such case, such taxpayer, or any taxpayer, may com- mence such suit in the name of the city, and prosecute such suit to final judgment. Such taxpayer shall give such security for costs as the court may recjuire. Section 160. All general taxes of the city on personal and real property in such city shall be levied and collected as follows: The city council shall annually certify to the county clerk the amount of general tax required for the ensuing year and shall so certify in the time and in the manner required by the general revenue law of the state. The county board shall fix the rate of levy necessary to raise said amount on said property as assessed by the county officers and the State Board of Equalization and returned to the county clerk. The general taxes of such city shall be entered and collected as a part of the consolidated tax of such county. Section 161. After the passage of this act, all general taxes on personal and real property in such city levied under this act shall become due May 1st and delinquent on July 1st of the j^ear following the levy and shall draw the same rate of interest as the general taxes of the county and state. All general taxes levied and unpaid prior to the passage of this act shall become delinquent on the first of July next succeed- ing the levy thereof and shall draw interest at the rate of one per cent per month payable in advance, which interest shall be collected at the sam.e time and as a part of the delinquent tax. Section 162. It shall be the duty of the city treasurer to pro- ceed as soon as practicable after any personal tax becomes delin- quent or prior thereto whenever said treasurer shall believe that any person, firm or corporation is about to dispose of any personal property on which a tax has been levied, to collect the same by distress and sale of the personal property of such person, firm or corporation if any such property can be found within such city. No demand of taxes shall be necessar}^ but it shall be the duty of every person owing any municipal tax or taxes in such cities to attend at the treasurer's office and pay the same. Section 163. All general municipal taxes upon real estate shall be a first lien upon the real estate upon which it is levipd and take priority over all other encumbrances and liens thereon. All special assessments regularly levied shall be a perpetual lien on the real estate assessed from the date of levy until paid, but shall be subject to all general taxes. The lien of all general municipal taxes levied on personal and real property after the 78 CITY CHARTER. passage of this act shall be governed by the general revenue laws of this state. Section 164. The powers, rights, duties and proceedings of the city treasurer and of such deputies as he may appoint shall in all respects as far as applicable and except as herein otherwise pro- vided, be the same in respect to the collection of municipal taxes, and assessments as those of the county treasurer in like cases with reference to the collection of county taxes. Section 165. All municipal taxes and all special assessments in such cities shall be paid in cash. The city treasurer and his deputies in such cities shall have the same powers for the collection of all such taxes as are conferred, or may be conferred, by law upon the county treasurer and his deputies for the collection of county taxes, except as otherwise provided in this act. The city treasurer may sue for the recovery of any tax in his own name as treasurer, or in the name of the city, and shall have all the rights of a creditor in such suits and in the enforcement of a judgment or decree. Section 166. No warrant other than the warrant of the County Clerk, issued to the County Treasurer, under the General Revenue Law, shall be necessary for collection of the General taxes levied for such cities. Section 167. It shall be the duty of the city clerk, when re- quested by the city or county treasurer, to issue warrants for the collection of any delinquent personal taxes that have been levied by such city. Each of such warrants shall include all delinquent personal taxes of the person against whom such warrant is issued. Such warrant shall have the same force and effect as warrants issued under the general revenue laws of the state, and all the proceedings thereunder shall conform to such laws. Section 168. When any special assessment is levied it shall be the duty of the city clerk to deliver to the city treasurer a certified copy of the ordinance levying such tax, and the city clerk shall append thereto a warrant requiring the city treasurer to collect such special assessments. It shall be the duty of the city clerk to immediately give notice by mail to the owners of the property so assessed, or their agents, if the addresses of such persons can be ascertained, that such assessments will become delinquent on a certain date. Section 169. All special assessments except when payable in CITY CHARTER. 79 installments shall be deemed delinquent if not paid within fifty- days after the passage and approval of the ordinance levying the same, and interest at the rate of one per cent a month, payable in advance, shall be paid on all dehnquent special assessments from the time the same shall become delinquent. Section 170. The assessment of special taxes for improving the streets and alleys within any improvement district shall be made as follows: The total cost of improvements shall be levied at one time upon the property and become delinquent as herein provided. One-tenth (1-10) of the total amount shall be delin- c^uent in fifty days after such levy, one-tenth (1-10) in one year; one-tenth (1-10) in two years; one-tenth (1-10) in three years; one-tenth (1-10) in four years; one-tenth (1-10) in five years; one-tenth (1-10) in six years; one-tenth (1-10) in seven years; one-tenth (1-10) in eight years; one-tenth (1-10) in nine years; each of said installments except the first shall draw interest at the rate of six per cent per annum from the time of lev}^ afore- said until the same shall become dehnquent, and after the same shall become delinquent shall draw interest at the rate of one (1) per cent per month payable in advance, as in case of other special taxes. Such assessments shall be collected and enforced as in other cases of special assessments. Section 171. All special assessments after being certified as herein provided shall be collected b}^ the City Treasurer. Section 172. It shall be the duty of the County Treasurer, as ex-officio City Treasurer to prepare a list of all delinquent city taxes and assessments upon real estate in the same manner as is provided by law, for the preparation of the lists of the delinquent state and County Taxes. All such dehnquent taxes and special assessments shall be collected in the same manner as County Taxes, and all purchasers of such taxes and assessments at tax sales shall have the same rights as if the item or items of taxes or assessments included County and State taxes. The failure, neglect or refusal of the County Treasurer as ex-ofi^cio City Treasurer to collect any ■ tax or assessment on real estate by distress or sale of the personal property of the owner thereof shall not in any wise affect or invali- date the sale of such land or any such delinquent tax or special assessment. Section 173. The mayor and council shall have power to levy and collect a license tax on shows, caravans, circuses and exhibi- tions for pay; billiard tables, ball and ten pin alleys, without regard 80 CITY CHARTER. to the number of pins used; hacks, drays, or other vehicles used for pay within the city, and may prescribe the compensation for the use of such hacks, drays and other vehicles. Section 174. The mayor and council shall have power to tax for revenue, license and regulate pawnbrokers, peddlers, auction- eers, brokers, hawkers, commission merchants, showmen, jugglers, innkeepers, liquor dealers, toll-bridges, ferries, insurance, tele- grajDh, and express companies and venders of patents; such tax may include both a tax for revenue and license. The mayor and city council shall have power to raise revenue by levying and collecting a tax on any occupation or business within the limits of the city and regulate the same by ordinance. All such taxes shall be uniform in respect to the class upon which they are imposed; provided that all scientific and literary lectures and entertainments shall be exempt from taxation as well as concerts and all other musical entertainments given exclusively by the citizens of the city. It shall be the dutyof the City Clerk to deliver to the City Treasurer the certified copy of the ordinance levying such tax and the city clerk shall append thereto a war- rant requiring the city Treasurer to collect said tax. Section 175. In all cases, except as hereinafter otherwise pro- vided before any special tax or assessment be levied, it shall be the duty of the council to sit as a board of equahzation for not less than two days commencing on the first Monday of each month. Such sessions to be held between the hours of 10 o'clock A. M. and 5 o'clock P. M. in the city council chamber for two or more consecutive days. It shall be the duty of the city clerk to publish a notice of such sitting for at least three days; the first pubHcation to be at least seven days jjrior to the first session of said board. A majority of all members elected to said council shall constitute a quorum for the transaction of any business properly brought before them, but a less number may adjourn from time to time, and compel the attendance of absent members. The proceedings of said board shall not be invaHdated by the absence of a quorum during the advertised hours of sitting. The city clerk or some member of the said board shall be present to receive complaints, ap- plications, and to give information. Provided, no final action shall be taken by said board, except by a quorum in open session. When sitting as a board of equalization, the council may adopt such reasonable rules as to the manner of presenting complaints and applying for remedy and relief as shall seem just. But all CITY CHARTER. 81 complaints must be in writing filed with the city clerk and specify the objections to the proposed assessment. At such session the said board shall hear and determine all such complaints, and shall equalize and correct such assessment and after all corrections have been made the council may levy such special assessments by ordinance at a regular meeting thereafter. The ordinance levying a special assessment shall be final and binding as the final order or judgment of a court of general jurisdiction. After the passage of such ordinance no court shall entertain any action for reUef against such special assessment, except upon appeal from such final order, which remedy shall be deemed exclusive. Section 176. Any person who has filed a written complaint before said board shall have the right to appeal to the district court of the county within which such city is located, by filing a good and sufficient bond in the sum of not less than fifty dollars and not more than double the amount of the assessment com- plained of, conditioned for the faithful prosecution of such apeal and if the judgment or special assessment is sustained, to pay the amount of such judgment, interest and costs. Such bond shall be approved and appeal taken as specified in this act. If the court finds such assessment to be vahd, it shall render a decree for the amount of the assessment, interest and costs and declare the same a lien upon the lots or lands so assessed ; and if the court finds that the tax is invahd it shall order a relevy of such assess- ment or enter such decree as may be just and equitable. Section 177. All special assessments to cover the cost of any public improvements herein authorized shall be levied and as- sessed on all lots, parts of lots, lands and real estate specially benefited such improvement, or within the district created for the purpose of making such improvement, to the extent of the benefits to such lots, parts of lots, lands and real estate by reason of such improvements, such benefits to be determined by the council sitting as a board of equalization. Where they shall find such benefits to be equal and uniform, such assessment may be according to the foot frontage, and may be prorated and scaled back from the line of such improvement according to such rules as the board of equalization shall consider fair and equitable. Section 178. The word "lot" as in this act used, shall be taken to mean a lot as described and designated upon the recorded plat of any such city, and in case there is no recorded plat of anj^ such city, it shall mean a lot as described and designated upon any 82 CITY CHARTER. generally recognized map of such city. The word "lands" shall mean any unsubdivided real estate. The word "street" shall be deemed to include boulevards, avenues, alleys and lanes, or any form of public roadway in the city. Section 179. 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 belong to several persons; but in case any lot or piece of ground belongs to several persons, the owner of any part thereof may pay his pro- portion of the tax on such lot or piece of ground, and his proper share may be determined by the city treasurer. Section 180. In cases where paving has been already done in whole or in part, or contracts have been let therefor under exist- ing laws, in case the lots and real estate abutting upon that part of the street ordered paved as shown upon any such plat or map, are not of uniform depth as well as in all cases where, in the discre- tion of the board of equalization, it is just and proper so to do, the said board shall have the right and authority to fix and deter- mine the depth to which real estate shall be charged and assessed with the cost of such improvement, without regard to the line of such lots, the same to be fixed and determined upon the basis of benefits accruing to the real estate by reason of such improvement. The provisions of this section in regard to the depth to which real estate may be charged and assessed, shall apply to all special assessments except assessments for sidewalks. Section 181. Whenever the mayor and council shall enter into or shall have entered into a contract with any paving contractor to keep the pavement in any paving or street improvement dis- trict in repair for a term of years, after the expiration of the term of original contract guarantee, for a specified price per year, said mayor and council shall have the power and it shall be their duty to levy annually a special assessment upon all the property in the paving or street improvement district to cover the cost of said repairs. Such special assessment shall be levied and collected as in other cases of special assessments. The mayor and council shall have power to estabhsh and maintain a paving repair plant and to pave or repair paving. The cost of such repairs may be paid from the funds of the city or may be assessed upon the abut- ting property, after such contracts have expired. Section 182. The cost and expense of grading, filling, culti- CITY CHAETER. 83 vating, curbing, guttering or otherwise draining or improving constructing or repairing streets, avenues, alle3's and sidewalks at their intersections may be included in the special assessment levied for the construction or improvement of any one street, avenue, alley or sidewalk, as may be deemed best by the council. Section 183. Special assessments may be levied as the im- 13rovements are completed in front or along, or upon any block or piece of ground, or at the time the improvement is entirely completed, or otherwise, according as shall be provided in the ordinance levying the tax. Section 184. No special assessment shall be declared void or invalid because said board of equalization has included in the total cost of the improvement; (1.) The cost of inspection under the direction of the city engineer, (2.) The cost of such grading, fining or street repairs incidental to such improvement; (3.) The additional cost of maintenance or repair of such improvement included in the contract for such work. Section 185. Whenever any municipal tax or taxes levied for any former year shall remain uncollected because of any defect, error or irregularity in either the power or manner of making the levy thereof, it shall be lawful for the mayor and council of such city to again lev}^ a tax upon the property so delinquent in lieu of such former tax or taxes, and at the same rate, and. upon the same assessment as such former tax or taxes were levied ; and such tax or taxes shall be inserted in the tax list, and shall be collected in the same manner as other general taxes. The city council may, at any time, correct any error or defect, or supply any omission in the assessment or listing of any property subject to municipal tax made for the purpose of taxation for the then current fiscal year, and may require any and all persons to appear and answer under oath as to their possession or control of personal property, subject to municipal taxation. Section 186. In cases of omission, mistake, defect, or any irregu- larity in the preliminary proceedings on any special assessment, the mayor and city council shall have power to correct such mis- take, omission, defect or irregularity and levy or relevy, as the case may be, a special assessment on any or all property in said district in accordance with the special benefits to said property on account of said improvement as found by said council sitting as a board of equalization. And said mayor anrl city council 84 CITY CHARTER. shall deduct from said benefits and allow as a credit, before such relevy, an amount equal to the sum of the installments paid on the original lev3^ Section 187. The maj^or and council, by ordinance, may make such compromise, settlement or adjustment of any action or litiga- tion concerning the validity, legality or regularity of any tax or taxes levied for city purposes, as they may deem just and expe- dient and the city treasurer shall conform thereto in his action respecting the collection of taxes under any tax Hst in his hands. These provisions shall apjJly to general municipal taxes and to special assessments as far as the same may be applicable. Section 188. Whenever, after the passage of this act, any special tax or assessment upon any lot or lots, lands or parcels of land, is found to be invalid, uncollectable and void, or shall be adjudged to be void by any court of competent jurisdiction, or paid under protest, and recovered by suit, because of any defect, irregularity or invalidity in any of the proceedings or on account of the failure to observe and comply with any of the conditions, prerequisites, and requirements of any statute or ordinance, the mayor and council shall have the power to relevy the same upon the said lot or lots, lands or parcels of lands in the same manner as other special taxes and assessments are levied, without regard to whether the formalities, prerequisites, conditions, prior to equali- zation have been had or not. Provided, that the provisions of this section shall be deemed cumulative and in addition to any right, power or authority to relevy any special tax or assessment conferred by the other provisions of this act or the statutes of this state. Section 189. The mayor an'd council shall have the care, man- agement and control of the city, its property and finances, and shall have power to pass, amend or repeal any and all ordinances necessary or proper to execute or carry into effect any of the pro- visions hereof, or any of the powers herein granted, except as otherwise provided herein. Section 190. All funds of the city shall, as the same accrue, be, by the city treasurer, placed on deposit in such banks within said city, as shall agree to pay the best rates of interest for the use of such funds so deposited, and the city council is hereby directed to advertise for bids for deposit of such funds as is hereby contemplated. Such banks shall pay to the city treasurer monthly CITY CHARTER. 85 interest on the daily balances in such bank for the current month. No deposit shall at any time be made in any bank having less than two hundred thousand dollars paid up capital stock, and no deposit shall be made in any bank in excess of twenty-five per cent of its paid up capital stock. The bank or banks so selected shall give bond to the city, to be approved by the mayor and city council, for the safe keeping of said deposit and interest thereon, in double the amount of money at any one time in their possession, the said bond to be signed by two or more sureties, who shall be citizens and freeholders of the state of Nebraska, or by one or more responsible surety companies, at the option of the mayor and council. The treasurer shall keep all money in his hands belonging to the city and school district of the city, separate and distinct from each other and from his own moneys; and he is here- by expressly prohibited from using any such money, or any war- rants or other securities in his custody, or receiving any interest thereon, either directly or indirectly for his own use or benefit, or for the use or benefit of any other person or corporation except said city or school district the^'ein. Any violation of this pro- vision shall be malfeasance in office and render such officer subject to suspension and removal. All interest on moneys of the city shall be reported by the treasurer to the city council and comp- troller, and be carried into the sinking fund of such city, and all interest on moneys of the school district shall be reported to the Board of Education and placed to the credit of the school fund. All interest on the water fund shall be placed to the credit of the water fund. All funds of the city collect by the county trea- surer, as provided in this act, prior to the first Thursday after the first Tuesday in January, 1906, shall be paid to the city treasurer, and all funds collected after said date b}^ said county treasurer, as ex-officio city treasurer, shall be deposited in the manner hereinbefore provided. The county treasurer, as ex-officio city treasurer, and the sureties on his bond as such treasurer, shall be liable for such funds of such city in the same manner and to the same extent as such treasurer and his sureties are liable for the deposit of county funds. Section 191. All money received on any special assessment shall be held by the treasurer as a special fund, to be apphed to the payment of the improvement for which the assessment was made; and such money shall be used for no other purpose what- ever. Provided that the mayor and council shall have the power and it shall be their duty by ordinance or concurrent resolution. 86 CITY CHARTER. to be prepared by the city attorney and reported by him to the city council, whenever they shall deem proper so to do, to prevent accruing interest to provide and require that any money to the credit of any special fund on account of which bonds may have been issued, to be invested in bonds of the city, city warrants, state bonds, or warrants, as said mayor and council shall approve so as to realize on such bonds or securities at maturity of the bonces issued on account of such fund. But the city treasurer shall have no powder to invest such fund until so authorized by such reso- lution. Section 192. All warrants shall be drawn by the comptroller upon the treasurer and must be signed by the ma5^or and comp- troller, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid on account of the city than upon such warrants so drawn unless otherwise provided by law. All warrants upon the water fund shall be drawn by the comptroller upon the treasurer as ordered bj' the water board, and must be signed by the chairman of the water board and comptroller, and no money shall be paid from the water fund otherwise than upon such warrants so drawn unless otherwise provided by law. Section 193. It shall be the duty of the city comptroller to deduct from the face of each warrant the amount which the payee of the warrant may owe the city. If the amount of the debt due the city exceeds the face of the warrant, the city comp- troller shall hold the warrant until the debt is paid. No assign- ment of a claim shall defeat the right to deduct the debt from the amount due the claimant. The claimant or his assignee may appeal from the decision of the city council as provided in this act. All warrants drawn on the county treasurer as ex-officio city treasurer shall be subject to the provisions of this section. Section 194. All bonds shall be prepared by the comptroller, signed by the mayor and countersigned and registered by the city comptroller before delivery, and it shall be the duty of the city treasurer to promptly report to the comptroller detailed statements of all receipts of money from the proceeds of the sale of bonds and to whom such bonds were sold. All bonds shall express upon their face the purpose for which they were issued, and the proceeds thereof shall not be diverted to other purposes. Each proposition for the issue of bonds required to be submited at a general or special election must contain but one subject or CITY CHARTER. 87 purpose, and shall specify the maximum amount proposed to be issued and state distinctly the purpose thereof, and a separate vote must be required on each proposition so submitted. No bonds shall be issued for the purpose of paying salaries or the current expenses of the city. No bonds shall be sold for less than par. Section 195. The mayor and council are hereby authorized and empowered to issue bonds of the city with interest coupons annexed in such amounts and for such length of time as they may deem proper the rate of interest not to exceed five per cent per annum, except as otherwise provided in this act. (1); For the construction and maintenance of sewers, (2), For the construc- tion of subways or conduits, (3), For the renewal of outstanding- bonds of said city, or in exchange of outstanding bonds for the purpose of reducing the rate of interest, where bonds of the city permit payment before maturity or in cases where bonds may be refunded by agreement, (4), For the construction or purchase of a city hall, auditorium, or other needful buildings for the use of the city, (5), For the construction of bridges or for the con- struction, appropriation or purchase of gas works, water works, electric light plants, power plants and lands therefor, or land for public parks, parkways or boulevards, (6), For the purpose of funding, or taking up and making payment of the floating in- debtedness and liabilities of the city, but the total outstanding- bonds of the city for the last named purpose shall never exceed five hundred thousand dollars ($500,000). Section 196. The bonded indebtedness of such city, exclusive of district paving bonds, district grading bonds, curbing and gut- tering bonds, district improvement bonds., pubHc library bonds, renewal bonds, bonds issued for the purpose of funding, or taking up and making payment of the floating indebtedness and liabili- ties of the city, or bonds issued for the erection or purchase of a cit}" hall, auditorium or fire engine house, or the construction of bridges, or for the construction and maintenance of subways and conduits, or for park purposes or for the purchase, construction or appropriation of gas works, water works, electric light plants or power plants, shall not, at any time, exceed in the aggregate two million seven hundred and fifty thousand dollars ($2,750,000). Section 197. No bonds shall hereafter be issued in any one year in excess of two hundred thousand dollars ($200,000) except re- newal })onds, or l)on(ls issued to be exchanged for other bonds 88 CITY CHARTKK. for the purpose of reducing the rate of interest, district grading bonds, bonds for funding the floating indebtedness, bonds for the construction and maintenance of subways or conduits or bonds for the purchase, construction or appropriation of gas works, water works, electric light or power plants and land therefor, or land for public parks, parkways or boulevards. No bonds, except district street improvement bonds, renewal bonds or bonds in exchange for other bonds, district grading bonds, and bonds for funding the floating indebtedness shall be issued until the electors of said city shall have authorized the same by a two- thirds vote of the electors of such city, voting on said proposition, at a general or special election of said city held after ten da3's notice published in the official paper of the city, stating the maxi- mum amount proposed to be issued, and stating distinct!}^ the purpose for which they are to be issued. Provided that bonds for water-works may be authorized by a majority vote of the elec- tors of the city, voting on such proposition at a general election or by a two-thirds vote cast on such proposition in case it shall be submitted at a special election. Section 198. For the purpose of paying the cost of improving the streets and alleys in any improvement district, exclusive of intersections of streets or alleys therein, the mayor and city council shall have power and may by ordinance cause to be issued bonds of the city to be called "District Street Improvement Bonds" of District No , bearing interest not exceeding the rate of five (5%) per cent, per annum, with interest coupons attached, and in such case shall also provide that the special taxes and as- sessments levied in said district shall constitute a sinking fund for the payment of said bonds and interest. Such bonds shall not be issued until such improvement has been approved and special taxes for the same have been levied. The amount of such bonds shall not exceed the total amount of such assessment. Section 199. Whenever the mayor and council deem it expedient, they shall have power for the purpose of paying the cost of paving, repaving or macadamizing the intersection of streets and spaces opposite alleys in the city, and in front of property not subject to assessment for pubhc improvements to issue bonds of the city, to run not more than twenty years, and to bear interest payable semi-annually at the rate of not exceeding five per cent per annum, with coupons attached, to be called "Intersection Bonds" and which shall not be sold for less than jDar, and the proceeds of which CITY CHARTER. 89 shall be used for no other purpose. The aggregate amount of such bonds issued in one year shall not exceed the sum of one hundred thousand ($100,000) dollars. Such bonds shall not be issued until the question of issuing the same has been submitted to the electors of the city at a general or special election therein, and authorized by a vote of two-thirds of the electors voting on such question at such election. Section 200. That where the mayor and council have hereto- fore issued bonds for the purpose of taking up and renewing bonds issued by any such city without having submitted the proposition to issue such renewal bonds to the electors, as required by Section 11, of Chapter 111 of the Session Laws of 1893, the mayor and council of such city may by resolution ratify the bonds so issued, and such bonds when so ratified shall be valid obligations of such city as if authorized by the electors thereof, and of the same force and effect as if issued in compliance with the act of the legislature of this state relating to cities of the metropolitan class and the amendments thereof; (Laws 1897, Chapter XII, Took effect July 9, 1897.) Section 201. For the purpose of pa3dng for and improving lands, lots or grounds purchased or appropriated for parks, park- ways or boulevards, the mayor and council may issue bonds to an amount necessary, not to exceed fifty thousand dollars ($50,000) per year. Said bonds to be designated and known as "Park Bonds, Series ^" and to be issued and used in accordance with the provisions governing the issuance of sewer, funding and other public improvement bonds by this act contemplated. Provided, no such bonds shall be issued until the question of the issuing of the same has been submitted to the electors of the city at a general or special election therein, and authorized by a vote of two-thirds (f) of the electors voting on said question at such election. When improvements are made upon or in' streets, or sidewalks adjacent to, and abutting upon, parks, parkways or boulevards and similar grounds in charge and control of said board of park commissioners, the cost or expense of which would otherwise be chargeable to the city, the same shall be paid from the park fund herein provided; and said commissioners are hereby directed to pay the cost of such improvements. Section 202. The corporate name of each city organized under or governed by this act, shall be "The city of ," and all or every process or notice whatever affecting any such city, shall 90 CITY CHARTER. be served upon the mayor, or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk, unless otherwise provided in this act. Section 203. In an}' and all suits at law or in equity that may be brought against the city, if the city shall refuse or neglect to defend the same, any resident taxpayer may, in behalf of the city, defend said suit at the cost of the city, not including attorney's fees. Section 204. The city attorney shall have power to intervene in any suit or proceeding, when the rights of the city are involved, or where the city is a proper party. He shall also have power to waive the issuance and service of summons and may enter a volun- tary appearance when in his opinion the interests of the city may require it. He shall have power to confess judgment, when autho- rized by the city council, and not otherwise. Section 205. Lands, houses, moneys, debts due the city, and property and assets of every description belonging to any city governed by this act, shall be exempt from taxation, execution and sale; judgments against said city shall be paid out of the judg- ment fund, or when a special fund is created for such purpose, out of such special fund. Section 206. No city, governed by this act, shall be liable for damages arising from defective streets, alleys, sidewalks, public parks or other public places within such city, unless actual notice in writing describing fully the accident and the nature and extent of the injury complained of, and describing the defects causing the injury and stating the time when and with particularity the place where the accident occurred, shall be proved to have been filed with the city clerk within ten days after the occurrence of the accident or injury, and it is hereby made the duty of the City Clerk to file said notice and keep a record showing the time when and by whom such notice was given and he shall forthwith report the filing of such notice to the City Attorney and transmit a copy thereof to him. Section 207. Cities of the metropolitan class shall be absolutely exempt from liabihty for damages or injuries suffered or sustained by reason of defective pubHc ways or the sidewalks thereof within such cities, unless actual notice in writing of the defect of such pubhc way or sidewalk shall have been filed with the city clerk at least five days before the occurrence of such injury or damage. CITY CHARTER. 91 In the absence of such notice, so filed, the city shall not be liable and in all cases such notice shall describe with particularit}' the place and nature of the defects of which complaint is made. Section 20S. Any person or persons claiming to have been injured shall at any time after the giving of the notice of such injury, be subject to a personal examination by the city physician and such other physicians as the city attorney ma}^ appoint, or by either thereof, for the purpose of determining the character and extent of the injuries complained of; and failure or refusal to submit to such examination shall prohibit the maintaining of any action against the city or recover}^ of any damage therefrom. Section 209. Before any claim against the city, except officers' salaries earned within twelve months, or interest on the public debt, is allowed, the claimant or his agent or attorney shall verify the same by his affidavit, stating that the several items therein mentioned are just and true and the services charged therein, or articles furnished, as the case may be, were rendered or furnished as therein charged, and that the amount therein charged, and claimed is due and unpaid, allowing all just credits, and the city comptroller and his deputy shall have authority to administer oaths and affirmations in all matters required by this section. All claims against the city or water board must be filed with the city comptroller. And when the claim of any person against the city is disallowed, in whole or in part, by the city council or water board, such person may appeal from the decision of said city council or water board to the district court of the same county, as provided in this act. Section 210. Upon the rejection or disallowance of any claim, it shall be the duty of the city comptroller to notify the claimant or his agent or attorney of such fact, unless such notice is waived in writing. Such notice may be served by anj' person authorized by the comptroller and must be served within five days from the rejection of such claim. The notice and return thereon must be filed with the city clerk. Section 211. No bill or claims for labor salar}' or material or for extra services or overtime or account of whatsoever kind against the city, after it has been adversely reported on and rejected by the administration under which it has been incurred, and no bill, account or claim not presented within eighteen (18) months after it was incurred and payable, shall be allowed or authorized to be paid by any mayor and council except through the judgment 92 CITY CHARTER. of a court of competent jurisdiction. These provisions shall apply equally to any modifications of the same account in whatever form it may be presented. Section 212. In all cases of damages arising under the pro- visions of this act, the party or parties whose property is damaged or sought to be taken by the provisions of this act, shall have the right to appeal from such assessment or damages, but such appeal shall not delay the appropriation of the property sought to be taken, or delay the improvement proposed, or retard the change of grade sought to be made, and in no case shall said city be liable for the costs on such appeal unless the owner of such real estate shall be adjudged entitled, upon the appeal, to a greater amount of damage than was awarded. The remedy by appeal herein allowed shall be deemed and held to be exclusive. Section 213. Wherever the right of appeal is conferred by this act, the procedure unless otherwise provided shall be substan- tially as follows: The claimant or appellant shall, within twenty days from the date of the order complained of, execute a bond to such city with sufficient surety to be approved b}^ the clerk, con- ditioned for the faithful prosecution of such appeal and the pay- ment of all costs adjudged against the appellant. Said bond shall be filed in the office of the city clerk. It shall be the duty of the city clerk, on payment or tender to him of the cost of the transcript, at the rate of ten cents per hundred words, to prepare a complete transcript of the proceed- ings of the city relating to their decisian thereon. It shall be the duty of the claimant or appellant to file a petition in the district court as in the commence £ ent of an action within thirty days from date of the order or award appealed from, and he shall also file such transcript before answer day. The proceedings of the district court shall thereafter be the same as on appeal from the county board. Any taxpayer may appeal from the allowance of any claim against the city by giving a bond and complying with the fore- going provisions. Provided that the foregoing provisions shall not be so construed as to prevent the city council from once re- considering their action on any claim or award upon ten days notice to the parties interested. Section 214. All general elective city officers including city councilmen, their appointees and existing boards, agents and CITY CHARTER. 93 servants now lawfully holding office or entrusted with the care of public property or affairs under the law and ordinances here- tofore enforced, shall, except as in this act otherwise provided, continue in office and the exercise of such trust until the first general city election herein provided for, and until the officers elected at such election shall have duly qualified, but such officers, agents, servants and appointees may be removed from office, suspended or discharged as provided by law or ordinance. All existing boards entrusted with property shall, at the expiration of their term of office, except as herein otherwise provided, turn over such property, records and accounts to such other officer or board as are herein empowered or entrusted to succeed thereto or have possession thereof. Section 215. It shall be the duty of each of the respective boards aboHshed by this act and all officers whose terms expire hereafter to prepare written detailed abstracts of all books, docu- ments, tools, implements and materials of every kind belonging to the city in their trust and care, also all work or store houses owned or leased by the city for storage or other purposes, in duplicate,^ and to certify as members of such boards, to the cor- rectness thereof; such certified abstracts shall be delivered to the mayor, who shall file one of each of said copies for record with city clerk, and the other copies shall be handed to the heads of the respective departments to be used as a basis of checking up the abstract. Section 216. The provisions of this act shall not be so con- strued as to impair or affect the validity of any tax or special assessment heretofore made or levied under the acts by this act repealed, but all such taxes and special assessments shall be and remain as valid and binding as if this act had not been passed, and shall be collected and enforced in the manner provided, or which may hereafter be provided by law for collecting and en- forcing the same. Nothing herein shall be so construed as to prevent further and additional provisions being made for the collection of any tax or special assessment heretofore levied or made. Section 217. Nothing in this act contained shall be so con- strued as to interfere with the powers, duties, authority and privi- leges that have been, are, or may be hereafter conferred and im- posed upon the water board in metropolitan cities as prescribed by law, but in all matters relating to a water supply, or to the 94 ^ CITY CHARTER. purchase, acquisition, construction, maintenance and manage- ment of a water works plant for such city or in any way apper- taining thereto, the said powers, duties, authority and privileges of such water board so far as elsewhere conferred, imposed and defined by law shall be exclusive and paramount. Section 218. Xo right of propert}' accrued to any city, corpo- ration or person under any law heretofore in force, shall be affected b}^ this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council. Section 219. That sections 7450 to 7649 inclusive of Cobbe3''s Annotated Statutes of Nebraska for 1903 as heretofore existing be and the same are hereby repealed. Section 220. Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage and approval. REVISED ORDINANCES OF THE CITY OF OMAHA 1905 REVISED ORDINANCES. Abstracter, City. See Citv Abstracter. Unlawful acts. CHAPTER I. ADDITIONS. Section 1. It is hereby declared unlawful for any person, as owner, proprietor, or as the agent or representative of the owner or proprietor of any tract or parcel of land, within the corporate limits of the city of Omaha, or adjoining and contiguous to the same, to sub-divide said land as an addition, or to lay out the same into lots, blocks, streets, avenues or alleys, or to sell or offer for sale land sub-divided, or proposed to be sub-divided as an addition or sub-division, except as is herein authorized and pro- vided. Streets — Avenues — Alleys. Section 2. The streets, avenues and alleys in all tracts or parcels of land within the corporate limits of the city, or adjoining and contiguous to the same, hereafter sub-divided or laid out as an addition, or which heretofore may have been sub-divided or laid out as an addition, but not submitted to, and approved by the mayor and council, shall, unless for good and sufficient reasons the mayor and council otherwise expressly direct and authorize, correspond in width and direction, and be continuations of the streets, avenues and alleys in the city, or in any addition con- tiguous to or near the proposed addition. Surveys — Monuments. Section 3. Kvery owner or ])ro]:)rietor of any tract or ])arcel of land within the corporate limits of tlie city of Omaha, or ad- joining and contiguous to the same, before selling, offering for sale, or in any manner transferring or conveying any portion of said land as suburl)aii lots, or as a part of any existing, intended or proposed addition, or sul)-division of three or more jiarts, 97 9^> R?:VISKD OltDlXAXCHS. whether described by metes and bounds or as lots and blocks, shall cause such tract or parcel of land to be accurately surveyed, and shall cause an accurate map or plat of such addition or sub- division, with reference to known or permanent monuments, to be made, which shall designate explicitly the land so laid out, and shall particularly describe the lots, blocks, streets, avenues, alleys and other grounds belonging to such addition or sub-division and shall comply with all the terms and conditions of the several provisions of this ordinance, as now existing or as hereafter amended. Plat — Surveyor's certificate. Section 4. The map or plat herein recpiired shall designate the tract or parcel of land sub-divided as addition to the city of Omaha, and the several lots and blocks and the streets, avenues and other grounds by names or numbers, and shall give the length and width of the lots or sub-divisions of grounds and the width and course of all streets, avenues and alleys, and shall indicate the sub-division of all real estate and all streets and alleys and avenues of such additions or sub-divisions adjacent to such addition for a distance of not less than 200 feet on each side thereof, with the detail figures showing definitely all distances of such adjacent land, lots, streets, alleys and avenues from the addition so laid out. together with their respective widths, and such map or plat shall have appended thereto the certificate of the surveyor making the survey of the tract or parcel of land so platted, that he accurately surveyed said addition or sub-division and that the lots, blocks, streets, avenues, alleys or other grovmds of such addition are shown correctly upon such plat or map and are ; well and accurately staked off and marked, and such certificate shall make reference to some fixed, known or permanent monument by which the location of such stakes, in the event of the loss, removal or destruction thereof, can be ascertained and determined. Dedication. Section 5. In addition to the certificate of the surveyor as herein recpiired. such map or plat shall have written thereon, or attached thereto, a dedication to the city of Omaha, for the use of the public, of all streets, avenues, alleys, public scpiares, parks and commons thereon mentioned or described, or of such portion of land as may therein be set apart or designated for public o.r city use, which dedication shall be signed by the owner of such land, and shall be duly witnessed and acknowledged, and upon RKVISKD OKDIXAXCES. 99 such map or plat being accepted and approved by the mayor and council, it shall thereupon be equivalent to a deed in fee simple to the city from such owner, of all such streets, avenues, alleys, public scjuares, parks and commons, and to the persons or corpora- tion therein named, of any other portion of such land as may be specially dedicated or set apart to charitable, religious or educa- tional purposes. Approval of Map and Plat. Section 6. Before such map or plat shall have any validity whatever, and before the owner or proprietor of any such tract or parcel of land, or any person as agent, attorney, or representa- tive of any such owner or proprietor, shall have the right to sell, offer for sale or in any manner convey any lot or sub-divided piece of ground therein, by deed, contract or otherwise, such plat must be first submitted to and approved by the mayor and council of the city of Omaha, and shall have such acceptance and approval duly endorsed thereon, and before any map or plat of any addition or sub-division of ground shall be entitled to be considered or approved by the city council the owner or proprietor thereof shall pay or cause to be paid all taxes, special taxes and special assess- ments due or delinquent thereon, and shall produce the certificates of the proper treasurers that all such taxes have lieen paid or cancelled. Plat to be recorded. Section 7. Tpon the acceptance and approval of any map or plat of any sub-division of land as an addition to the city of Omaha, it shall be the duty of the owner of such land to at once file such plat or map with the register of deeds of Douglas county, Nebraska, and cause said ma]) or plat to be tluly recorded in the office of such register. Additions to be part of city. Section S. All additions to the city of Omaha, within the corporate limits thereof, or adjoining and contiguous thereto, m)w or hereafter laid out, which have been, or may hereafter l)e ac- cepted and approved by the niayor and council, shall be and l)ecome a part of the city of Omaha for all purposes whatsoever, and the inhabitants of sucli addition, shall be entitled to all the rights and privileges, and be suljject to all the laws, ordinances, rules and regulations of said city. 100 REVISED ORDINANCES. Failure to plat. Section 9. In all cases where the original owner or proprietor of any tract of land within the corporate limits of the city of Omaha, or adjoining and contiguous to the same, has sold or conveyed, or contracted to sell and convey any part thereof, or invested the public with any rights therein, or who may hereafter sell and convey, or contract to sell and convey any part thereof, or invest the public with any rights therein, Avho shall fail or neglect to cause a plat or map of such land to be made, and to have endorsed thereon the acceptance and approval of the mayor and council, as herein required, the owners of such land shall, upon being notified so to do, either by personal service, or b}- publication in the official paper of the city, at once make and file with the city clerk, a map or plat as herein required, and failing or neglecting so to do for thirty days, it shall be the duty of the city engineer to make the necessary survey and prepare the re- quired map or plat, designating thereon streets, avenues or alle3'S, which shall be continuations or extensions of the streets, avenues and alleys previously existing in said city, or in any lawful addition contiguous or adjoining such land, and upon such plat or map being approved by the mayor and council, the same shall be filed with the register of deeds, and shall have the same force, validity and effect as though made, executed and filed by the owners notified. Penalty. Section 10. Any person, whether as owner, proprietor or as the agent, attorney or representative of anj^ owner or proprietor of land, who shall plat or sub-divide any tract of land within the corporate limits of the city of Omaha, or adjoining and contiguous to the same, except as herein authorized, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer, or offer for sale any lot or piece of ground in any addition or sub-division of three or more parts within said corporate limits, or adjoining and con- tiguous thereto, without having first obtained the acceptance and approval of the plat or map thereof, by the mayor and council of said city, and any person who shall violate, or who shall fail, neglect or refuse to comply with any of the provisions of this ordinance as now existing or as hereafter amended, shall, upon conviction, be fined in any sum not less than ten dollars or exceed- ina; one hundred dollars, and in addition thereto mav, in the REVISED ORDINANCES. 101 discretion of the court, be imprisoned not exceeding thirty days; and the offering for sale, contracting to sell or selHng of each lot or piece of ground, shall be taken and deemed a separate and distinct offense. Advertisements on Curb Stone. See Misdemeanors, See. 40. Advertisements, Tearing Down. See Misdemeanors. Sec. 42. 102 Ri;\ I^Kl) ORDIXAXCKS. Animals, Dangerous at Large. , Animals, Inhuman Treatment of. See Misdemeanors, Section 23. See Misdemeanors, Section 11. Animals, Indecently Exhibited. Animals, Not to Run at Large. See Misdemeanors, Section 21. See Misdemeanors, Section 37. CHAPTER II. ANIMALS RUXNIXG AT LARGE. Pound Masters — Pound. Section L There shall be appointed by the mayor, by and with the consent of the council, one or more pound masters, as may be deemed advisable, who shall establish at their own expense a pound, and shall file with the city clerk a written description, which he shall sign, of such pound established by them, stating its location; upon the filing of which description, the city clerk shall at once cause a copy thereof to be published for five con- secutive days in the newspaper in the city of Omaha, in which the ordinances are published. Territory defined. Section 2. The herding or running at large of horses, mules, sheep, goats, swine or cattle upon the streets, avenues, parks or public grounds within the city, or the picketing, lariating or tying or securing by rope or other means of any such animal or animals so that such animal can feed, walk or trespass upon any public street, avenue, alley, park or public or private grounds within the city, or the running at large or the herding of such animals on any open grounds within the city is hereby prohibited and declared to be a nuisance, provided, however, that the city council, with the concurrence of the mayor, may, by resolution, exempt from the provisions of this ordinance such territory or grounds within the city limits as the herding or lariating upon of such animals may not be considered to be a nuisance, giving public notice thereof in the official paper of the city for three days. Herding at night prohibited. Section 3. The herding of any such animals on open grounds between twilight and sunrise is herebj'- prohibited, and any person so offending shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than five or more than twenty-five dollars, and shall be responsible for any damages done RKVISED OlJDINAXf'ES. lOo by said animals, and said animals may be impounded until such damages are paid. Duty of Pound Master. Section 4. It shall be the duty of the pound master to take up and impomid any such animal known to them to be running at large within the city contrary to the provisions of the first nineteen sections of this chapter, and for each refusal or neglect so to do, he shall forfeit and pay a penalty of ten dollars, and it is hereby made the duty of all police officers to take up and im- pound all animals running at large contrary to the provisions of this cha])ter. Other persons may impound. Section 5. It shall be lawful for any other person to take up any animal running at large contrary to the provisions of the first nineteen sections of this chapter, and to take the same to the pound master, but no compensation or reward shall be paid directly or indirectly for such taking or delivery. Running or abusing animals. Section 6. The running of animals, or abusing thereof, by the pound master or any person driving the same, shall be con- sidered a misdemeanor, and the person so offending on conviction thereof, shall be fined in any sum not less than five (5) or more than twenty-five ($25) dollars. Penalty for unlawful driving. Section 7. Any person who shall take or drive any such animal from any enclosure, lot or tract of ground, or from any stable or other building, or from outside any pound hmits into the limits of any pound district to any pound in the city, or with the intent that such animal may be impounded, shall be liable to a fine of not less than five (5) or more than twenty-five (S25) dollars for every animal so taken or driven from the places aforesaid. Duties of Pound Master — Sale. Section 8. It shall be tlie duly of the ])omi(l masters to receive into such pounds, all aninuils i)rought there in pursuance of the provisions of the first nineteen sections of this chapter; to take care of and properly to feed all aninuds impounded; to 104 REVISED ORDINANCES. deliver to the owner thereof all such animals as may be redeemed by such owners; and all animals not redeemed within twenty-four hours . after the same are impounded, Sundays excepted, forthwith after expiration of said twenty-four hours, to post three notices, one on the south door of the county court house, and the other two in public places in the city, in substance as follows: POUND NOTICE. Taken up and impounded in the city of Omaha (^j^y Qf ^ 19 — ^ (here insert the description of the animal or animals), which will, if not redeemed before sale, be sold at pubhc auction to the highest bidder for cash, at said pound, at the hour of ten o'clock in the forenoon on the day of 19—. Pound Master. The day of sale fixed in such notice shall be the tenth day after the animal or animals therein mentioned were impounded, except when the sale would fall on Sunday, a holiday or an election day, and if the said animal or animals are not redeemed, authority is hereby given to said pound master to sell the same in accordance with such notice. Fees of Pound Master. Section 9. The pound master shall be entitled to the sum of seventy-five cents as his fees for each animal impounded, and fifty cents for feeding such animal for each or part of a day the same may be kept. Proceeds from sale. Section 10. The proceeds of the sale of all animals sold under the provisions of the first nineteen sections of this chapter shall be apphed first to paying the pound master such sums as he may be entitled to receive, and any surplus of such proceeds shall be by the pound master accounted for as herein provided. Owner may redeem. Section 11. The owner of animals impounded, may redeem the same at any time before sale by paying the pound master the fees and costs to which he is entitled on account of such animals under provisions of the first nineteen sections of this chapter. REVISED ORDINAXCES. 105 Breaking open pound — Penalty. Section 12. Any person breaking open, or in any manner directly or indirectly aiding, connseling, or ad\dsing the breaking open of the city pounds shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum of not less than fifty dollars. Obstructing Pound Master. Section 13. Any person who shall hinder, delay or obstruct the pound masters or police officers when engaged in taking to the city pounds any animal or animals liable to be impounded, shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than five nor more than fifty dollars for each animal so being taken. Pound Master not to purchase. Section 14. The pound masters shall not purchase, nor be interested, directly or indirectly, in the purchase of any animals sold by them under the provisions of the first nineteen sections of this chapter, under a penalty of twenty-five dollars for each such animal, and the forfeiture of their offices. Report of Pound Master. Section 15. At the first meeting in each month of the council, the pound masters shall render to the council a full statement, on oath, of the animals received by them into the pounds, of those sold b}' them and the amount of the proceeds of the sales thereof, respectively, and of the monies received by them as such pound masters during the month, and shall pay to the city treasurer all surplus of the proceeds of sales under the first nineteen sections of this chapter, and present to the council, Avith the statement, the treasurer's receipt therefor. They shall also keep a record book in which shall be entered from time to time all the matter to be required to be shown by their statements to the council, and in which they shall take the receipts of the owners for animals redeemed. Owner to receive warrant. Section 16. The owner of any animal sold under this ordi- nance may receive a warrant for the amount of any money paid to the treasurer as proceeds of the sale of such animal, on satis- factory evidence of his right thereto being presented to the council. 106 RKVrsKI) OllDlXAXCKS. Bond of Pound Master. Section 17. The pound masters shall enter into a bond with one or more sufficient sureties, to be approved by the mayor, in tlie sum of one thousand dollars, conditioned for the faithful performance of their office. Employes, Section 18. The pound masters will not employ any person to assist him in taking up and impounding animals, except such help as he shall keep actually employed about said pounds, and shall not receive any animals into the pounds from any person unless such person shall leave him his full name and place of residence, which shall be registered in a proper book by said pound masters. Districts. Section 19. The mayor may divide the city into districts, according to the number of pound masters appointed, districts to be designated by number. Dogs unlawfully at large. Section 20. It is hereby declared \m lawful for any person owning, keeping or harboring any dog, to permit or allow the same to run at large within the corporate limits of the city of Omaha, unless such dog is duly licensed as herein required; and it is hereby further declared unlawful for any person owning, keeping or harboring any female dog, whether licensed or un- licensed, to allow such dog to run at large while in heat; and it is further hereby declared unlawful for any person owning, keeping or harboring any vicious dog, whether licensed or unlicensed, to allow such dog to run at large at any time ; and it is further hereby declared unlawful for any person owning, keeping or harboring any dog which habitually snaps at, barks at or chases pedestrians, bicyclists or horses while ridden, or horses and vehicles while being driven, to the annoyance or danger of such pedestrians, bicyclists, or occupants of such vehicles, along or upon any public street, avenue or boulevard of the city of Omaha, to permit or allow such dog to run at large at any time, whether such dog be licensed or unlicensed. RKVISKl) ORDIXAN'CES. 101 License. Section 21. A license tax on all dogs is hereby required to be paid to the city clerk by the person, persons or corporation owning, keeping or harboring the same, on or before April 1 of each year, which license shall be for the then current fiscal year, and shall be for each dog the sum of one dollar ($1.00). Upon payment to the city clerk for svich license, it shall be the duty of the city clerk to issue to the applicant a license allowing the dog for which such license tax has been paid to run at large during such fiscal year, subject to the provisions and exceptions of this ordinance, and such license shall state the name of the owner and also the name, breed and color of the dog; and whether such dog is male or female, and also such further description as may be necessary for the identification of the dog so licensed. It shall also be the duty of the city clerk each year to procure a sufficient number of metallic dog tags of suitable design, but differing each year, bearing the stamp of the year in which issued, and upon issuing the license herein required, deliver to the applicant therefor the proper dog tag, which tag the applicant shall cause to be securely attached to the neck of the dog licensed, by a suitable and substantial collar or chain, which license, w^hile such tag is attached, shall permit the dog licensed to run at large; provided the right and privilege of such dog to run at large shall not exist or apply to any female dog while in heat, or to any vicious or dangerous dog, or to any other dog which it is declared unlawful to allow or permit to run at large at any time; provided, also the mayor may by proclamation, when the public safety requires, direct the muzzling of all dogs for a limited period, and during such period no unnuizzled dog, whether licensed or unlicensed, shall be permitted or allowed to run at large. It shall be the duty of the city treasurer to keep all moneys paid for dog licenses as a separate fund, to be known as the "Dog Fund." Dog pound keeper. Section 22. The mayor, subject to confirmation by the city council, shall api)oint as dog pound keeper one suitable person, who shall give a bond, to l)e approved by the city council, in the sum of five ImiidnMl dollars ($500), conditioned as required by the Act Ijicorporating Metropolitan Cities. Said keeper shall pro- vide, at his own expense, a safe, suitable and retired place for 108 REVISED ORDIXAXCES. the impoudinng of dogs as herein contemplated, and shall com- mence impounding dogs at such time in the spring of the year as shall be designated by concurrent resolution, and shall cease impounding in the fall of each year at such time as may be designated by concurrent resolution, and only during the time authorized by concurrent resolution each year shall the dog pound keeper be entitled to any compensation for dogs impounded or drowned. Duties. Section 23. It shall be the duty of the dog pound keeper during the period of time authorized so to do by concurrent reso- lution, to capture and secure all dogs found running at large which have not been licensed and are not wearing a tag as herein required, and thereupon remove such dog or dogs to the dog pound, where such dogs for a period of four (4) days shall be supplied freely with water and sufficiently fed at least once each twenty- four hours. It shall be the duty of the dog pound keeper on the day following the capture and confinement of any dogs to insert a brief description of the same in the official papers of the city one time, and if within three (3) days thereafter any dog shall remain unclaimed and unredeemed, said dog pound keeper shall thereupon destroy the same by drowning in such manner as the commissioner of health way authorize or approve; provided, how- ever, that dogs temporarily in or passing through the city in charge of a keeper or master, while the same are in the custody or under the control of such keeper or master, shall be exempt from the provisions of this ordinance as to licensing, tagging or capture. Fees. Section 24. The dog pound keeper shall be entitled to collect and receive the following fees : For each and every dog captured and drowned, the sum of one ($1) dollar, to be paid by the city. For each and every dog reclaimed by the owner or keeper thereof, the sum of one ($1) dollar, to be paid by the owner or claimant thereof. Provided that no dog captured or taken to the dog pound shall be delivered over to the owner or claimant thereof until, in addition to the payment of said sum of one ($1) dollar, such owner or claimant shall produce for the inspection of the pound rp:vised ordinances. 109 keeper or assistant a license of the city clerk as herein required authorizing such dog to run at large. Provided, further, that any owner or claimant of any dog who, prior to the taking up and impounding of such dog, has paid the license tax herein rec^uired and caused said dog to be tagged as herein required, shall not be required to pay any sum wliatever to the pound keeper for the delivery of such dog, but upon presenting to the pound keeper or his assistant such license, issued by the city clerk, such owner or claimant shall be entitled to have the dog therein described turned over and delivered by the pound keeper or his assistant in charge. Pound Master's report. Section 25. It shall be the dvity of the ])ovnid keeper at the first council meeting in each month to report in writing under oath the number of dgos by him impounded during the previous month, the number reclaimed, and the amount of fees paid there- for; also the number of dogs by him destroyed. Upon approval of said report by the city council the comptroller shall insert in the next general appropriation ordinance the amount of fees to which the said pound keeper shall be entitled for dogs destroyed, which amount shall be paid from the "Dog P'und" hereinbefore created so long as monies remain in said fund, and thereafter from the general fund. License. Section 26. Any person who shall own, keep or harbor any dog within the corporate limits of the city of Omaha, and allow such dog to run at large without obtaining each year a license for such dog as herein declared, or who shall own, keep or harbor any vicious or dangerous dog and permit or allow the same to run at large, or who shall own, kee}) or harbor any female dog and permit or allow the same to run at large while in heat, or who shall own, keej) or harbor any dog which habitually snaps at, barks at or chases pedestrians, bicyclists or horses while being driven along or upon any public street, avenvie or boulevard in the city of Omaha, and knowingly permit or allow such dog to run at large at any time, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one ($1) dollar or more than fifty ($50) dollars, and in addition to the imposition of a fine the police judge may order and require the dog so unlawfully running at large to be destroyed by the dog 110 R?:VISED ORDIXAXCKS. pound keeper, who for such service shall be entitled for each dog so destroyed the sum of two ($2) dollars, to be paid by the city. Removal of tag. Section 27. Any person who shall wrongfully or without authority and permission of the owner of any licensed dog take or remove from such dog any tag issued by the city clerk, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than two ($2) dollars, nor more than twenty (S20) dollars for each offense. Nuisance. Section 28. Any vicious or dangerous dog, or other dog declared unlawful to run at large, shall be deemed and declared a nuisance, and shall be liable to summary destruction. Supervision of pound. Section 29. The commissioner of health shall have general supervision of the dog pound, and see that the same is conducted in a ciuite, reliable, humane and proper manner, and shall see that all dogs drowned by the pound keeper are correctly counted and properly disposed of in such a manner as not to create a nuisance, and to prevent any fraud or imposition being perpetrated on the city. Rescuing dogs. Section 30. Any person who shall hinder, delay, interfere with or obstruct the dog pound keeper or any of his assistants while engaged in capturing or securing or taking to the dog pound any dog or dogs liable to be impounded, or who shall break open or in any manner, directly or indirectly, aid, counsel or advise the breaking open of any dog pound, or any wagon or other vehicle used for the collecting or conveying of dogs to the dog pound, shallbe deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than two ($2) dollars or exceeding fifty ($50) dollars, or be imprisoned not exceeding ten days, or be both fined and imprisoned, in the discretion of the court. Park,Hanscom, Dogs at large. Section 31. Dogs and all other animals are hereby prohibited from running at large in Hanscom Park. Any dog found in said RKVI.SED ORDINANCES. Ill park not being under the immediate control of its owner, and not being restrained by a rope, chain or other thing from running around therein is hereby declared a nuisance, and such nuisance may be abated by killing the dog, or by the removal of the dog from the park without killing, and it shall be the duty of the park- keeper and others employed in said park, also of policeman, to abate such nuisance. Penalty. Section 32. The owner of any dog or other domestic animal, as well as the kf^eper, herder, or other person in charge of any such animal, who shall suffer or permit any dog or other animal to trespass upon the grounds in said park or to run at large therein, or to otherwise violate the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than one ($1) dollar nor more than ten ($10) dollars, for the first offense, and for any subsequent offense not less than five ($5) dollars nor more than twenty ($20) dollars. It is hereby made the duty of the park keeper and of any other person employed in said park to take up and impound in some suitable place any animal other than a dog found in said park in violation of the provisions of this chapter, and to hold the same until claimed by the owner or other person entitled to the posses- sion of such animal. Such person so impounding any animal shall be entitled to charge one ($1) dollar for each animal so im- pounded, and for the cost of keeping such animal fifty (50) cents per day, and it shall be unlawful for any other person to liberate any animal so impounded, or to interfere with the possession of such animal until said charges and cost of keeping have been paid. So to do shall be deemed a misdemeanor, and any person convicted thereof shall be fined in a sum not exceeding twenty- five ($25) dollars. If said live stock shall not be claimed and the charges and costs of keeping paid in five days after said live stock shall have been impounded, said live stock shall be turned over to the pound master of said city, who shall proceed to advertise and sell the same as in case of animals impounded by him, and out of the proceeds of such sale he shall pay said charges and costs, and shall be ciitillcd lo rcctMve one ($1) dollar and ('X()enses as now i)rovided by ordinance, and the sui-])lus lie siiall delivei- to ihc city treasurer, together witli a statement of tees, charges, costs and expenses, to be dis))osed of as in othci' like cases. 112 KF VISED ORDINANCE^ CHAPTER III. ARTIFICIAL STONE, CONSTRUCTION OF. License for. Section 1. It shall be and is hereby made unlawful for any person, firm or corporation, to construct artificial stone, asphalt or other composite walks in the city of Omaha without a license therefor. Issuance of. Section 2. Any person, firm or corporation, desiring to en- gage in the construction of artificial stone, asphalt or other com- posite sidewalks in the city, shall be required to apply for a license to the city clerk, such license to expire on December 31st, of each year. The condition of the issuance of such license to be the payment of ten ($10) dollars to the city clerk and the filing wdth the city clerk of a surety bond to the city of Omaha, in the sum of $2,000.00, to be approved by the mayor and city council," guaranteeing the construction of all such walks in conformity with approved specifications of the city, and their maintenance for five years in continuous good condition; said bond ^hall also indemnify the city against all damages arising by virtue of neglect to comply with provisions of ordinances and to take and pro- vide for necessary precautions against damage by virtue of such construction. All such walks to be constructed under permits and in full accordance with provisions of ordinances. Penalty. Section 3. Any person, firm or corporation, who shall violate any of the provisions hereof shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding fifty ($5 ) dollars. REVISED ordixancp:s. 113 CHAPTER IV. Duties. ATTORNEY. Section 1. It shall be the duty of the city attorney to attend to, and prosecute or defend as the case may be, all suits, matters or controversies to which the city of Omaha is a party, or in which said city may be in any way interested, which are now pending, or shall hereafter be commenced in any court or tribunal of the city of Omaha and Douglas county; to manage any and all im- peachment trials had before the city council; to give his legal opinion in writing to the mayor of said city, or to the city council, or to any committee thereof, on any subject relating to the affairs of said city, whenever called upon so to do; to advise all officers of the city as to their rights and duties; to prepare ordinances and perform such other duties consistent with his office and relating to the interests and government of said city as the city council may by resolution require. Defend policemen. Section 2. It shall be the duty of the city attorney to defend all suits brought against all policemen who have been sued for damages or otherwise for an act done while in the performance of their duties as such officer. Docket. Section 3. He shall preserve in his office a docket of all civil cases, in which the city is interested in any of said courts, and shall enter therein from time to time abstracts of all proceed- ings in said cases, which docket shall belong to said city and be subject to inspection by the mayor or any member of the city council at all times. Bond — Salary. Section 4. The city attorney shall give bond in the sum of five thousand ($5,000) dollars for the faithful performance of the duties of his office. He shall receive a salary of three thousand and five hundred ($3,500) dollars a year, payable in monthly installments. 114 RKVISKD ORDIXAXCKS. Assistant City Attorney — Bond. Section 5. The assistant city attorney is hereby required, before entering upon the discharge of his duties, to enter into a l)ond to the city of Omaha, executed by one or more surety or guarantee companies of recognized or established responsibihty, the cost thereof to be paid from the general fund of the city, said bond to be in the sum of three thousand (S3, 000) dollars, and conditioned as re(|uired l^y the Act incorporating Metropolitan Cities. Duties. Section 6. It is hereby made the duty of the assistant city attorney, in addition to the duties now required to be by him performed under the laws and existing ordinances to attend all meetings of the board of education of the school district of Omaha and to advise said board whenever required so to do by said board with reference to any matter relating to said board, and attend to all suits and actions at law* or in equity now pending or here- after commenced in any manner affecting said board or the property or interests of said school district and exclusively attend to all such matters, suits or actions when the interests or contention of said board may be adverse to or in conflict with the interests or contentions of the citv of Omaha. hevisi;d ordinancp:s. 115 CHAPTER V. Auctioneers, Doing Business Without License. See Misdemeanors, Sections 86, 87. License. AUCTIONS AND AUCTIONEERS. Section 1. It shall be unlawful for any person to sell at auction any goods, wares or merchandise, or other personal or real estate, or interest therein, at any store, stand, or other place in the city of Omaha, by public outcry, or to in any way advertise or hold himself out as an auctioneer, or to advertise any building or any room or rooms as an auction building, room or rooms, for public patronage, or to receive any fees as a commission for his services, without first procuring license from the city of Omaha, authorizing him so to do^. Provided, however, that the provisions of this ordinance shall not apply to any one who shall be acting under an order of court, or in a judicial capacity, or under the provisions of any statute or law of this state. Receipt, bond. Section 2. Any person may become an auctioneer and be licensed to sell real and personal property at public auction, by making written application to the city clerk, setting forth therein his proposed place of business; and the city clerk, upon receiving the city treasurer's receipt for the amount imposed, as license fee for the term said license is to be issued, and upon the filing of a bond to the city of Omaha in the sum one thousand($l,000) dollars, with one surety, to be approved by the city clerk ; said bond being given for the due observance of the ordinances of the city governing auctions and auctioneers, and that he will promptly ])ay over to the proper parties entitled thereto all moneys and l)roceeds derived from sales made at auction by such auctioneer, less his reasonable expenses and commissions, shall issue a license ill the usual form, giving the name of the iierson so licensed, the jjlace of business so licensed, together with the period for which such license is issued, and in no case shall said place of business be changed withoul the written consent of tlie mayoi" endorsed upon such license. 116 REVISED ORDIXAN'CE;?. " License fee. Section 3. Every person, before engaging in the business of auctioneer, shall pa}^ to the city clerk a license fee of one hundred ($100) dollars per year or fifty ($50) dollars per six months. All hcenses under this ordinance shall expire on June 30 or Decem- ber 31 of the year in which they are issued. All licenses shall be subject to revocation by the mayor whenever the party licensed shall have been convicted of violating any of the provisions of any of the ordinances of the city of Omaha relating to auctions, auction sales, or auctioneers, or any of the conditions of the bond aforesaid. Provided, however, that any licensed auctioneer who, on account of sickness or other disability, is unable to make any auction sale, may, with the written consent of the mayor, appoint an assistant who shall have the same privileges as a Hcensed auctioneer during the time said licensed auctioneer is unable to attend to his business. Place of sale, permit, advertising, noise. Section 4. No auctioneer shall sell or offer for sale at pubhc auction, any goods, wares, merchandise or other personal property in any place, house, store or building other than the place where he is authorized to sell by his said hcense, without a special permit from the mayor; and no goods, wares or merchandise, or other- thing whatever, shall be sold at auction or exposed for sale, in any street, avenue, alley or public place in the city of Omaha, unless permission in writing, in addition to the hcense herein required, be first obtained from the mayor, who is hereby authorized to grant such permit, when, in his opinion, such permission will not interfere wdth free travel upon any such street . alley or public place, and will not be injurious to the city or inhabitants thereof, and no auctioneer making sales at his regular place of business or under the mayor's permit shall use any means of attraction by crier, drum, fife or other instrument of noise or music other than a signal flag and a bell, said bell not to be rung more than five minutes previous to the commencement of each sale. Penalty. Section 5. Any person or persons who shall sell or attempt to sell at pubhc auction in this city, any goods, chattels or personal property whatever, except under and by virtue of an order of court, or in a judicial capacity, or under the provisions of any REATSED ORDINANCES. 117 statute or law in this state, without having first obtained a license as herein required, shall, for each offense, upon conviction, be fined in the sum of fifty ($50) dollars, or imprisoned not more than thirty days; and any person or persons so violating any other provision of this chapter shall be subject to a penalty of not less than five ($5) dollars nor more than fifty ($50) dollars, or be imprisoned for not more than thirty days. lis RKVISf:D ORDIXAXCKS. CHAPTER VI. Permits. AUTOMOBILES. Section 1. No automobile, autocar or other similar vehicle shall be propelled or driven upon or along any street, >alley or other public way in the city of Omaha unless the person in charge or control of such vehicle, and who is acting as the operator thereof and as such operator, controls the means of propulsion of any such automobile, autocar or other similar vehicle shall have first ob- tained a permit from the city of Omaha to act as an operator of such vehicles in the manner hereinafter provided; and for the purpose of this chapter the terms, or names "automobile," "autocar" and "other similar vehicles" wherever and whenever used in this chapter shall be held to embrace and mean and are hereby defined to mean any vehicle driven or propelled upon or along the streets, alleys or other public ways of this city, whether for purpose of business or pleasure, or for both, the motive power of which is electricity, compressed air, naphtha, gasoline, kerosene or any motive power other than animal power, or motive power supplied solely by the muscular exertion of a human being. Provided, however, that nothing herein shall ^pply to the operation of any locomotive, grip car, motor, trolley car or other vehicle used by any steam or street railway upon and along any track or tracks, owned or authoritatively used by any steam or street railway company or corporation. Fee. Section 2. The city clerk is authorized to issue permits under his hand, with the seal of the city, to any person or persons being owner or owners or operator of any of the vehicles for the purpose aforesaid upon any such owner paying to the city treasurer a fee of one ($1) dollar for each vehicle so used. Rate of Speed. Section 3. No automobile, autocar or other similar, vehicle shall be propelled or driven along any of the streets, alleys or pubHc ways of the city of Omaha within the district bounded on the north by Izard street, on the east by the Missouri river, on the south by Leavenworth street, and on the west by Twentieth street, at a speed exceeding eight miles an hour, nor on any of RKVISKD ORDIXAXCKS. 119 the other streets, alleys or other public ways in said city of Omaha at a speed exceeding twelve miles per hour, and such vehicles when in motion shall ke bept to the right and shall observe the rules of the road laid down for other vehicles. How equipped. Section 4. Each and every automobile, autocar or other such vehicle driven or propelled upon or along any street, alley or public way in the city of Omaha shall be ecjuipped and suppHed with an alarm bell, or gong, or horn, and the same shall be sounded at street crossings and whenever else deemed advisable by the operator of such vehicle, to be sounded for the purpose of notifying pedestrians or others of the approach of any such vehicle, and each automobile, autocar or other similar vehicle shall be equipped wuth a brake or set of brakes which shall be of sufficient power when applied to bring any such vehicle, when 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, and all such vehicles shall carry a lighted lamp or lamps in a conspicuous position on such vehicle whenever in motion on any street, alley or other public way, at any time after dusk and before dawn. Identification number. Section 5. Each and every automobile, autocar and other such vehicle shall display an identification number as herein provided. Such number and letters shall not be less than five inches high, and the line marking the number or letters shall be white and be five-eighths of an inch wide at every point, and such numbers and letters shall be placed at least three-fourths of an inch apart. All such numbers and letters shall be painted on black signs or placques of wood, metal or leather, or directly on the machine itself, provided such machine be painted black at the place said sign shall be placed, and such signs or placques shall be so attached to the machine that they will not sway in any direction independently of the motion of such machine. Such numbers shall be displayed in the rear of the machine in j^lain sight, as nearly as possible in the middle of such machine, and shall be low enough so as not to be hidden by the hood, or any other obstruction on the machine. The number shall be in plain Arabic numerals, and said number shall correspond to the number of the operator's permit issued to the holder of the saitl automobile. 120 REVISED ORDINANCES. Red light. Section 6. All automobiles, autocars or other such vehicles when in use on the streets shall have and keep a lighted lamp or lantern, from sunset until daybreak, which shall throw a red light directly to the rear of the machine. ' Operator's permit. Section 7. No person shall operate, drive or propel any automobile, autocar or other similar vehicle upon or along any street, alley or other public way in the city of Omaha without having first obtained a permit therefor. Manufacturers' and sellers' permit. Section 8. Every person, firm or corporation engaged in the business of manufacturing, buying and selling automobiles, auto- cars or other similar vehicles shall be required to take out a per- mit under this ordinance, and every person, firm or corporation so engaged in such business shall display upon each and every automobile, autocar and other similar vehicles, while engaged in exhibiting, testing or demonstrating any such automobile, autocar or other similar vehicles an identification number as provided in Section 5 hereof, said identification number shall be in plain Arabic numerals and said number shall correspond to the number of the permit granted to such person, firm or corporation. Penalty. Section 9. Any person, firm or corporation violating, dis- obeying, neglecting or refusing to comply with any of the provi- sions of this chapter shall be subject, on conviction, to a penalty of not less than five ($5) dollars nor more than one hundred ($100) dollars for each and every offense and to a revocation of said automobile permit to the person operating said automobile, auto- car or other such vehicle at the time of the violation of this chapter. Awnings. See Buildings, Section 8.5. Bagatelle Table. See Misdemeanors, Sections 88 and 91. Ball Playing on Streets. See Misdemeanors, Sections 86 and 87. REVISED ORDINANCES. 121 CHAPTER VIT. License. BANKRUPT STOCKS; SALES OF. Section 1. It is hereby declared unlawful for any person, firm or corporation to sell or offer for sale any bankrupt stock of goods without having first procured a license therefor as herein provided. License fees. Section 2. Any person, firm or corporation who shall de- sire to sell or offer for sale any bankrupt stock of goods, must first pay to the city clerk the sum of twenty-five ($25) dollars for each and every day the said person, firm, or corporation shall desire to sell or offer for sale any bankrupt stock of goods in the city of Omaha. License, contents of. Section 3. The city clerk shall thereupon issue to the appli- cant a license. Said license shall state briefly and concisely the purpose and time for which issued and shall be signed by the city clerk, and shall bear. the seal of the city impressed thereon. Penalty. Section 4. Any person, firm, or corporation who shall be found guilty of violating any of the provisions of this chapter, shall, upon, conviction thereof, be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars for each and every offense and shall forfeit the said license. 122 RKVISED nR])IXAN('i:s. CHAPTER VIII. BANKS OF EARTH AND STAGNANT WATER. Banks of earth. Section 1. That all lots or pieces of ground Avithin the city of Omaha on which now stand or on which may hereafter exist banks of earth of ten (10) feet or more in height, near to and adjacent to any travelled street, sidewalk or alley of said city be, and the same are hereby declared to be a nuisance. Stagnant water. Section 2. That all lots or pieces of ground within the city of Omaha on which exists or on which may hereafter accumulate or exist stagnant water be, and the same are hereby declared to be a nuisance. Owner or agent to grade lot. Section 3. It shall be the duty of the owner, agent or person occupying any lot or piece of ground upon which a bank of earth of ten (10) feet or more in height may stand adjacent or near to any traveled street, sidewalk or alley in the city of Omaha, to grade or slope down such bank so as to prevent the falling of earth therefrom upon any travelled street, sidewalk or alley, and so as to prevent any accident or injury happening to persons or property and as may be required by any ordinance of the city or rule or regulation of the city engineer or health commissioner, and failing, neglecting or refusing so to do, such owner, occupant or agent shall be deemed guilty of maintaining a nuisance, and upon conviction thereof shall be fined in any sum not exceeding one hundred ($100) dollars or imprisoned not exceeding thirty (30) days, or both fined and imprisoned in the discretion of the court. Owner or agent to grade lot. Section 4. It shall be the duty of the owner, agent or occu- pant of any lot or piece of ground in the city of Omaha upon which has accumulated or upon which may accumulate or exist stagnant water, to cause such lot or piece of ground to be drained, filled or graded, so as to prevent stagnant water from accumulating or REVISED ORDINANCES. 123 existing thereon, and failing, neglecting or refusing so to do, such owner, occupant or agent shall be deemed guilty of maintaining a nuisance and upon conviction thereof shall be fined in any sum not exceeding one hundred ($100) dollars or imprisoned not ex- ceeding thirty (30) days, or be both fined and imprisoned in the discretion of the court. Health Commissioner, duties of. Section 5. It shall be the duty of the health commissioner of the city of Omaha to cause the provisions of this chapter to be enforced and to cause to be prosecuted the owner, agent or occupant of any lot or piece of ground in the city of Omaha on which stagnant water now or hereafter shall accumulate or exist or on which banks of earth now or hereafter stand which by the provisions of this chapter are declared to be a nuisance; and it shall also be the duty of the health commissioner from time to time to report to the city council any failure of any owner, occu- pant or agent of any such lot or piece of ground to grade or drain the same and his action with respect thereto to enable the mayor and council to take such further action as may be necessary to protect the health of the public by causing such lot or piece of ground to be drained, filled or graded, and the cost and expense thereof to be levied upon the property so filled, drained or graded. 124 REVISED ORDINANCES. CHAPTER IX. Requirements. BARBERS. Section 1. It is hereby declared unlawful for any person to follow the occupation of a barber or engage in the business of shaving or hair-cutting in the city of Omaha unless he shall have first complied with the requirements of the first eleven sections of this chapter. Board. Section 2. A board of examiners to consist of three persons is hereby created to carry out the purposes and provisions of this ordinance. Such board shall be appointed by the mayor and confirmed by the city council, the members of such board to be competent, experienced barbers actually engaged in the barber busi- ness in the city of Omaha, either as journeymen barbers or carry- ing on the barber business. The members of such board shall serve as such members during the term of ofhce of the mayor making such appointment and until their successors are appointed and qualified. Each member of such board shall give his bond in the sum of one thousand (SI, 000) dollars with sureties to be approved by the mayor and city council, conditioned as re- quired by the Act incorporating Metropolitan Cities, and shall take the oath provided by law for pubhc officials. Vacancies in such board, caused by death, resignation or removal from the city shall be filled by appointment in the manner as herein be- fore provided. Officers. Section 3. The said board shall elect from their own num- ber a president and secretary and shall provide said board with a common seal, and from time to time shall determine and desig- nate the place for holding the meetings of said board. Board meetings. Section 4. The said board shall hold regular meetings for the examination of applicants and issuing of certificates on the first and third Monday evenings of each month, commencing at the hour of 8 o'clock, and each member of the board shall be REVISED ORniX.\XCES. 125 entitled to the compensation for such services of two ($2.00) dollars for each regular meeting so held; and the said board shall also be authorized to hold special meetings at any time, but shall not be entitled to receive any compensation for their services on holding such special meetings, and shall not be entitled in anj^ event to compensation for any services unless there be money in the special fund hereinafter provided for. Reports. Section 5. The said board shall cause to be made and filed in the city clerk's office, on or before the first day of January of each year, a report showing the names of the applicants examined and the disposition of such applications — whether granted or refused. Permit, fee. Section 6. Any person desiring to engage or continue in the business of barbering in the city of Omaha shall make applica- tion to said board for a permit so to do, and upon said board being satisfied that such applicant is eighteen years of age or upwards, and is free from contagious or infectious diseases, and is possessed of the experience and requisite knowledge concerning the com- mon diseases of the face and skin to avoid the aggravation and spreading thereof in the practice of said trade, then said board shall grant said application and shall issue a permit for the fiscal year of the date of such board, ending December 31st, showing that such applicant is entitled to engage in and practice the busi- ness of barbering in the city of Omaha; provided, however, that such permit shall not be issued to any such applicant until such applicant shall have first paid to the city treasurer the sum of one ($1.00) dollar to the credit of the fund to be kno-uoi as the barber's fund. Upon producing such receipt and upon the granting of such permit the secretary shall enter the name of the applicant receiving such permit in a registration book to be kept by him for such purpose; provided, further, that the provisions of the first eleven sections of this chapter shall not apply to any per- son serving as apprentices in said barber trade under a barber authorized to engage in such business, nor to any person serving as a student in any school for the teaching of such trade, under the instructions of a qualified barber; provided, further, that in no shop shall there be more than one^apprentice to three barbers 126 REVISED ORDINANCES. aciially engaged in the business of barbering in such shops; provided, further, that all places in which barbering shall be done shall be deemed and considered a barber shop in which the number of apprentices shall not exceed one apprentice to three licensed barbers, except barber schools or barber colleges, which shall have prominently displayed a sign. ' ' Barber College" or ' ' Barber School" and no other sign; and provided, further, no charge shall be made or compensation received from customers for any work or service of any barber student or apprentice. Card, seal. Section 7. Said board shall furnish to each person to whom a certificate of registration is issued a card or insigna bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to proctice the occupa- tion of barber in this city, and it shall be the duty of the holder of such card or insigna to post the- same in a conspicuous place in front of his working chair where it may be readily seen by all persons whom he may serve. Revocation of certificate. Section 8. Said board shall have power to revoke any certifi- cate of registration granted by it under this act, for (a) conviction of crime, (b) habitual drunkenness, (c) gross incompetency, or (d) contagious or infectious diseases. Provided that before certi- ficate is revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall, at the day specified in said notice, at least five days after the service thereof, be given a public hearing, and full opportunity to produce testimony in his behalf, and to confront the witness against him. Any person whose certificate has been revoked may after the expiration of ninety days apply to the board to have same re-granted him upon a satisfactory showing that the disqualifications have ceased. Definition. Section 9. To shave or trim hair or beard of any person for hire or reward received by the person performing such service to any other person shall be construed as practicing the occupa- tion of barber within the meaning of this ordinance. KEVISKD ORDINANCES. 127 Fund, how used. Section 10. The fund herein authorized to be created may be drawn upon and used, in addition to paying the compensation of the members of said board, as herein authorized, to also pay any necessary expenses of said board for seal and supplies. But in no event shall any expenditure be authorized or permitted in excess of the amount actually on hand in such fund. Penalty. Section 11. Any person procticing or engaging in the busi- ness or occupation of a barber in the city of Omaha without jfirst obtaining a permit, as required in the preceding sections of this chapter, or who shall engage in such occupation or business with- out complying with the provisions of said sections, or who shall wilfully employ a barber who has not a certificate, as herein required, or who shall violate any of the provisions of said sections, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed twenty ($20) dollars. Regulations. Section 12. That all barber shops and hair dressers in the city of Omaha shall be subject to the following rules and regula- tions : Rule 1. The place of business, together with all furniture shall be kept at all times in a cleanly condition. Floors or wood- work should not be swept or brushed dry, but must be moped up with an antiseptic solution, preferable with a solution of corro- sive subhmate, 1 :500. Rule II. Cuspidors must be made with wide openings, with- out any beveled or rough sides, and should contain water, and when cleaned must be disinfected with any of the herein recom- mended antiseptic solutions. Rule III. Mugs and ^having brushes shall be sterilized by immersion in boiling water or three or five per cent formalin solu- tion after every separate use thereof. Rule TV. Razors shall be wiped with 95 per cent alcohol before and after being used on any ))erson. Rule V. Hair brushes known as "sanitary brushes" must be used. These must be sterilized by immersion in boiling water or by dipping in five per cent formalin solution. 128 REVISED ORDINANCES. Rule VI. Combs must be kept clean and treated like brushes. Rule VII. Razor strops must be kept clean and never wiped off with hand or blown upon with breath before using. Rule VIII. A separate clean towel shall be used for each person. Rvile IX. Barbers shall not blow away with their breath an}^ hairs after cutting, but must use a towel or bulb or fine hair brush, which must be sterilized as the hair brushes are. Rule X. Barbers shall keep their finger nails short and clean. Alum or other material used to stop the flow of blood shall be so used only in powder form and applied with a towel. Rule XI. The use of powder puffs is prohibited. Instead use clean towels or absorbent cotton. The use of sponges is pro- hibited. Rule XII. Every barber shop shall be provided with run- ning hot and cold Avater. Rule XIII. All wash basins must be connected with the sewer and properly tapped. Rule XIV. No person shall be allowed to use any barber's shop as a dormitory. Rule XV. Every barber shall cleanse his hands thoroughly immediately after serving each customer. Rule XVI. Needles, tweezers, forceps and other instru- ments must be disinfected in boiling water or three or five per cent formalin solution immediately after using and thoroughly dried by passing quickly through a gas or alcohol flame. Scissors and clippers to be treated likewise. Rule XVII. Barbers and hairdressers are warned from at- tempting to treat skin diseases, barbers' itch, etc., and should advise their customers to consult a physician. Rule XVIII. The use of finger bowls in prohibited. Rule XIX. A printed copy of these rules shall be placed in a conspicious place in the shop. It shall be the duty of the health commissioner and the police department to observe and enforce these rules. For each and every violation of these rules a fine not exceeding ten ($10) dollars shall be imposed. Prices. Section 13. It is hereby declared unlawful for any barber or person engaged in the work of barbering in the city of Omaha, to demand, charge, reciuest or recjuire to be paid for any work done REVISED ORDINANCES. 129 in any barber shop or place claiming or pretending to do barbering, to exceed the following rates, to. wit: For shave, not more than 15 cents or less than 10 cents. For hair cut, not more than 35 cents or less than 15 cents. For hair singe (or burn), not more than 35 cents or less than 15 cents. For hair tonic, not more than 15 cents or less than 5 cents. For seafoam, not more than 15 cents or less than 5 cents. For shampoo, not more than 35 cents or less than 15 cents. For dying a head of hair, not more than $5 or less than $2. For dying a mustache, not more than 35 cents or less than 20 cents. For curling (or rolhng) a mustache, 5 cents. For shaving a neck, not more than 5 cents. For face steam (or hot towel), not more than 5 cents. For dry shampoo (or headrub), not more than 10 cents. Provided, further, that in each shop there must be displayed over or in front of the working chairs, in a conspicuous place, a list of the charges exacted by the barbers for their service. Any barber or person engaged on the work of barbering who shall demand, charge, request or require any patron or customer to pay for any barbering work to exceed the rates specified and prescribed in this section, or who shall fail or neglect to display a hst of charges as herein required, shall be deemed guilty of swind- Mng and of having committed a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five ($5) dollars or to exceed fifty ($50) dollars for each offense, and in addition thereto the hcense of any such barber shall be subject to immedi- ate revocation. Barb Wire Fence. Sec Misdemeanors, Section 31. Barricades, Removal of. See Misdemeanors, Sections 71 and 72. Beggars, Unsightly. See .Misdemeanors, Section IS. 130 REVISKl) ORDINANCES. CHAPTER X. On sidewalks. BICYCLES. Section 1. That it is hereby declared unlawful for any })erson upwards of the age of ten years to ride any bicycle or tricycle upon or over any sidewalk in the city of Omaha. Any person over the age of ten years violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding twenty-five ($25) dollars. Speed. Section 2. It is hereby declared unlawful for any person to ride any bicycle or tricycle over, upon or along any public street avenue at a speed greater than eight miles an hour in that part of the city of Omaha bounded by the following streets: Ninth street on the east, Leavenworth street on the south, Twenty-fourth street on the west and Cuming street on the north; or for any person to ride any bicycle or tricycle oyer, upon or along any public street or avenue of the city of Omaha outside of the above limits at a speed greater than ten miles an hour. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding twenty-five ($25) dollars. REVISED ORDINAKCES. 131 CHAPTER XI. License. BILL POSTING. Section 1. It shall be unlawful for any person, firm or cor- poration, by themselves or 03' or through their agents or employes, to be or become engaged in the business of painting advertising signs upon fences, buildings or boards erected for sign purposes within the limits of the city of Omaha, or distributing, tacking cards or posting any posters, circulars, dodgers, samples, sample copies or other bills or devices used to advertise patent medicine, patent articles, tobacco, merchandise, shows, circuses, theatrical performances or for any other purpose for Avhich advertising signs, posters, circulars, dodgers, bills or devices are calculated to attract the attention of the public, without having first obtained a license so to do. Bond. Section 2. Any person, firm or corporation desiring to engage in the business of painting advertising signs, distributing, tacking, posting or hanging any posters, circulars, dodgers, samples, sample copies or other bills or devices used to advertise as aforesaid, shall make application to the city clerk for a license so to do, and shall file with said application a bond in the sum of two thousand five hundred ($2,500) dollars with sureties, to be approved by the mayor and cit}^ council, such bond to be conditioned to save the city harmless from all damages or injury that may occur by reason of said bill boards or said sign boards, provided it shall not be necessary to obtain said license or to furnish said bond as a condition prerequisite for the distributing of bills or posters for any charitable or political purposes. And upon the approval of said bond by the mayor and city council, and the payment to the city clerk of a license fee of one hundred ($100) dollars by said applicant, it shall be the duty of the city clerk to issue the reciuired license, all such licenses to expire December 31st of the year in which they are issued. Height of bill board. Section 3. It shall be unlawful for any person, firm or cor- poration to erect or cause to be erected, or to keep standing after the enactment of this ordinance, any bill board or sign board on 132 RKVISKD OEWNANCES. a lot line in the said city of Omaha of a greater height than twelve feet, and each bill board or sign board hereafter erected in said city shall be erected in a safe and durable manner, and before the erection of a sign board or bill board in said city said person or persons shall be, and they are hereby required to obtain from the building inspector of said city a permit to erect such bill board or sign board, such permit to state the size and location of said board. Obscene signs. Section 4. It shall be unlawful for any person, firm or cor- poration to post on any bill board or paint on any sign board or on any fence, building or structure of any kind, or to distribute any circular or poster, or by any device of a similar character, any obscene or immoral cut or picture or any immoral or obscene printed matter, or any cut or figure or printed matter that tends to or suggests anything of an immoral or obscene nature. Effect on business signs. Section 5. Nothing in this chapter shall operate as a repeal of any of the provisions of the ordinance of the said city of Omaha relating to fences or to signs or sign posts erected to advertise or display the business of the person or persons erecting the same and to whose place of business they are directly attached. Penalty. Section 6. Any person who shall violate any of the provi- sions of this chapter shall, upon conviction, be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars for each and every such offense. Birds, Killing of. See Misdemeanors, Section 12. Birds, Nests and Eggs, Injuring. See Misdemeanors, Section 14. Births and Deaths. See sanitary regulations. Blank Cartridges. See Misdemeanors, Sections 8-1 and 85. Blowing Whistle and Ringing Bell. See Misdemeanors, Sections 99 and 100. REVISED ORDINANCES. 133 CHAPTER XII. BOARD OF EDUCATION, QUARTERS OF. Rooms for. Section 1. That all the rooms on the fifth floor of the city hall building, in the city of Omaha, east of the north and south center line of the building, and also the room in the northwest corner of the building on said fifth floor, be and hereby are desig- nated for the use of the board of education of the school district of Omaha, in the county of Douglas, state of Nebraska, the said board to have the right to the use of the same free of all charge for rent and cost for fuel, and elevator service, the said board, however, to provide the required janitor service for keeping said rooms and the corridor of said fifth floor in a clean, safe and proper condition : Provided, however, that the right of said board of education of said school district of Omaha to the use of said rooms shall terminate upon said city giving to said board of education one year's notice, and the payment to said board of education of the principal sum of twenty thousand ($20,000) dlolars which said sum was heretofore contributed by said board of education toward the erection of said building. Board of Park Commissioners. See Park Coninussioiires. ]34 REVISED ORDINAXCES. CHAPTER XIII. BOILERS— BOILER INSPECTOR. Appointment — Term of office. Section 1. The mayor shall appoint, by and with the con- sent of the city council, a boiler inspector, who shall hold his office until the end of the mayor's term and until his successor is appointed and c[ualified, unless sooner removed or the ordinance creating the office shall be repealed, except as otherwise provided in the act incorporating metropolitan cities. Qualifications. Section 2. The boiler inspector shall be a mechanical en- gineer, well qualified from practical experience in the use and construction of boilers, generators, super-heaters and their ap- purtenances used for generating steam for powe/, steaming or heating purposes, to enable him to judge of their safety for use as such, and who is neither directly or indirectly interested in the manufacturing, ownership or agency of steam boilers which are to be inspected. Bond. Section 3. The Ijoiler inspector, before entering upon the duties of his office, shall execute a bond to the city of Omaha in the sum of one thousand ($1,000) dollars, as provided by act incorporating metropohtan cities. Board of Engineers — Appointment — Qualifications. Section 4. The mayor shall also designate and appoint by and with the consent of the city council, two persons who shall be qualified and have had at least five years' experience as practi- cal and mechanical engineers, and do hold, or are qualified to hold, a first-class certificate as engineers, who, in conjunction with the boiler inspector, shall constitute a board of engineers. Duties of Boiler Inspector, Section 5. The boiler inspector shall devote his time and attention to the duties of his office, and also perform the duties of secretary of the board of engineers. He shall carefully inspect REVISED ORDINANCK.S. 135 and test every stationary boiler and steam generating apparatus, under pressure, used for stationary power, as provided by this chapter, including attachments and connections located within the city of Omaha, at least once annually. He shall keep a com- plete and accurate record of the names of all owners or users of steam boilers, giving a full description of the boilers inspected by him and amount of pressure allowed the date when last tested. He shall notify all owners or users of boilers of the time when a re-inspection and the test will be made and appoint a day on which he shall make a re-inspection. Inspection — Certificate — Fee. Section 6. The manner of inspection shall be substantially as follows: The boiler inspector shall have the option of making the hammer test or hydrostatic test. If the hammer test be used, the examination must be thorough and searching upon every part of the boiler, both internally and externally, including all fittings and attachments. If the hydrostatic test be used, each boiler so tested shall first be filled with water and heated to at least 160 degrees F. and the test be made to equal the maximum pressure to be allowed on such boiler as stated in the inspector's certificate, unless ordered by the owner of such boiler or boilers to make a higher test. And the certificate of inspection herein provided shall test the maximum pressure at which any boiler may be worked. In case a defect shall be discovered in any boiler or attachments thereto, the boiler inspector shall report the same to the owner or user of said boiler or boilers and state the facts of the case in writing, giving a description of the particular locahty in which each defect jnay be found and whether of dangerous character and necessitating immediate repairs. If the boiler inspector shall at any time find a boiler, which in his judgment is unsafe, after inspecting the same, he shall condemn its further use. All boilers to be tested by hydrostatic pressure shall be filled with water by the owners or users, and they shall furnish necessary labor required to work and handle the pumps in applying the test. When leaks occur which prevent a successful test, the boiler inspector shall make a second test; if the boiler or boilers are still defective he shall, for each subsequent test, collect an additional inspection fee of five ($5) dollars, but in no case shall he give a certificate until fully satisfied of the safety of the boiler or boilers. 136 REVISED ORDIT^ANCES. Stationery — Sessions — Quorum. Section 7. The boiler inspector and board of engineers shall be provided with all needed blanks and stationery needful for their official duties. Said board shall provide for regular sessions and the boiler inspector shall act as secretary and keep minutes of the proceedings. Said board shall convene for business once in each month to examine into qualifications of applicants for engineer's certificates. And the boiler inspector shall have power to call a special session of the board if deemed necessary. A majority of the members of said board shall constitute a quorum for the transaction of business. Regulations, penalties, fees, etc. Section 8. Every applicant for a certificate, who fails to pass the examination of the board is required to wait three (3) months before again making application for a certificate, and at the expiration of such period the board will give him another examination. Every applicant for a certificate must make application for the same on a blank furnished by the board of engineers for that purpose. Applicants must have at least two years' experience at mechanical or steam engineering, and must write and state their experience on the blank. All applications must be signed by two citizens, one of whom must be a steam user or engineer. Said applicant shall be required to go before the board and make oath that the statements set forth in such blanks are true. Every engineer holding a certificate granted by the board is required to notify the board when he accepts or leaves his em- ployment, and state the name of his employer and the location of the boiler in his charge immediately, and any engineer who fails to give such notice may have his certificate revoked Vjy the board. Any steam user or engineer failing to place or put in a con- spicuous place in the engine room or boiler nouse the certificate of. the boiler inspector or the certificate of the board of engineers, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than one (SI) dollar nor more than one hundred ($100) dollars. Any engineer holding a certificate granted by the board shall, within the first ten days of January and July of each year, make a written report to the boiler inspector of the condition of all boilers and apparatus in his charge. REVISED ORDINANCES. 137 Every certified engineer shall devote at least eight hours out of every twenty-four hours to the duties of the plant where he is employed as engineer, and if he neglects or fails to comply with this section, or if intoxicated while in the discharge of his duty, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall, besides the fines otherwise provided for, forfeit his certificate. Any person who violates or fails to comply with the provi- sions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, when no other fine or punishment is fixed in this chapter, may be fined in a sum not less than five ($5) dollars nor more than fifty ($50) dollars for each offense. The board shall issue three grades of certificates, as follows: (1). First grade certificate shall entitle the holder to take charge of and run any steam plant. (2). Second grade certificate shall entitle the holder to take charge of and run any steam plant under 100 H. P. (3). Third grade certificate shall entitle the holder to take charge of and run any steam plant under 50 H. P., and the board of engineers may grant to persons operating low pressure gravity steam heating plants carrying not to exceed twenty (20) pounds pressure to the square inch, a special third grade certificate, to be valid for one particular specified plant and no other. A fee of five ($5) dollars shall be charged for each examination of an engineer for license by said board, provided that no license shall be granted to any person under twenty-one years of age. Said certificate shall be valid for one year, and no longer, but shall be renewed each year upon the payment of one ($1) dollar to the city treasurer and presenting his receipt for the same to the boiler inspector. It shall be unlawful for any person to employ or any person to serve as engineer who is not licensed by the board of engineers, and any one violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five (So) dollars nor more than one hundred dollars; provided, however, that the boiler inspector, upon satisfactory examination, may issue a permit to any applicant for engineer's license, said permit to hold good only until the first meeting of the board of engineers, after its issue, when said applicant shall be examined by the board for an engineer's license. 138 IlKVISKl) 0!{1)1XA.\('KS. The board of engineers shall have power to establish rviles (not inconsistent with the provisions of this chapter) to govern examinations of applicants for engineer's license. Appeal to Board of Engineers. Section 9. Any owner or user of a steam boiler, feeling aggrieved on account of any decision of the boiler inspector, may appeal to the board of engineers, and upon a thorough and care- ful investigation of the matter at issue between the parties, a majority of the board shall decide the question, which shall be fixed in all cases. But the boiler inspector shall not have a voice in any matter in which there is an appeal from his decision. Deprived of services of certified engineer. Section 10. In case the user or owner of any l)oiler shall for any cause be deprived of the services of a certified engineer, he must notify the boiler inspector at once; said inspector may procure an experienced and careful person for a time not exceed- ing six (6) days at the expense of parties requesting such service. Where boilers are used and engines run night and day, the owner or users of steam power must employ two certified engineers, who may stand watch alternately. Permit. Section 11. An}- person or persons inteiuiing to ])ut a boiler or boilers into their estabhshment or building, must apply to the boiler inspector for a permit before setting up any boiler. A fee of five dollars ($5) shall be charged for each permit issued for each boiler, said fee for permit to cover the issuing of the first certificate, provided that not more than two inspections are made before the certificate is issued, and if more than two inspections are necessary then all subsequent inspections shall be made as provided for in section 6 of this chapter; and any one failing or refusing to comply with the same shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than three hundred dollars. Boilers to be inspected — Penalty. Section 12. All owners or users of any stationarj^ boiler or boilers or steam generating apparatus used under pressure, shall have the same inspected and tested as herein provided, RKVISKI) OUUIN'AXCKS. 139 liefore setting the same, and while being used and at least once a year thereafter. And any owner or user failing to pro- cure the boiler inspector's certificate within ten days after each inspection, or neglecting or refusing to have such inspection made shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars for each offense. Who may operate boilers. Section lo. No person shall use or operate or cause to be used or operated any steam boiler used in furnishing motive power or furnishing steam for any purpose, other than heating a private dwelling house, unless there be in charge of such steam boiler an exi)erienced person having a certificate from the board of engi- neers; and the V)oard shall not issue any such certificate until after an examination, and are satisfied that the applicant is suf- ficiently experienced and a proper person to have charge of and operate such boiler, and all persons in charge of such steam boilers shall comply with and be subject to the provisions and penalites of this chapter. Pressure — Penalty. Section 14. If owners or users of steam boilers or engineers in charge of the same, shall carry a greater pressure than is allowed in the certificate of inspection granted by the boiler inspector, they or either of them shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than fifty ($50) dollars nor more than three hundred ($300) dollars; and in case of an engineer, his certificate shall be revoked. Or if such owners or users shall use any boiler which has been condenmed as unsafe by the boiler inspector, thej^ shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be fined in a sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars. Condemned boilers — How marked. Section 15. Each and ever boiler when condemned from further use by the l^oiler inspector shall have every sheet stamped with a steel die bearing a ''C" on its face not less than three- fourths (f) of an inch in diameter, with a small "d" inthe center, thus (^(^),and no such iron or steel so condemned or branded shall be again used for boiler i)urpuses. 140 RPJVISF.l) ORDINANCES. Private residences— Inspection — Fees. Section 16. All boilers used exclusively for heating private residences, carrying not to exceed ten (10) pounds pressure to the square inch, shall be subject to the provisions of this ordinance with regard to inspection, but a fee of two ($2) dollars only shall be charged for each inspection. Penalty for using condemned boilers. Section 17. When a steam boiler is condemned for repairs, it shall be a misdemeanor and punishable by a fine of not less than one hundred ($100) dollars nor more than one thourand ($1,000) dollars for any owner or operator to use such boiler so condemned until after the required repairs shall have been made and approved by the boiler inspector. Assistant. Section IS. The boiler inspector shall authorize, by and with the consent of the mayor, upon the written application of the president or manager of any steam boiler inspection and insurance company duly authorized by the insurance laws of the state of Nebraska to transact business as an inspection and insurance company of the city of Omaha, Nebraska, one assistant boiler inspector for each and every such company making an applica- tion therefor, who shall appear before the board of engineers and be examined as to his qualifications, and, if quahfied, said board shall grant him a certificate as inspector of such company for a term expiring with the term of such boiler inspector: and said assistant shall obtain from the boiler inspector a permit to make said inspection, upon payment to the city treasurer by the insur- ance company represented the sum of one (SI) dollar, provided, however, that said permit shall cover all inspections made in the year said permit was issued upon the boiler for which said permit was issued, and said assistant boiler inspector shall inspect and test the boilers insured by the company emploiyng him and no other. The said assistant boiler inspector shall serve without compensation from the city of Omaha, and shall give bond to the city of Omaha in the penal sum of three thousand ($3,000) dollars, with the same conditions as required of the boiler inspector, sub- ject to the approval of the mayor and council. REVISKD ORDINANCES. 141 Board — Pay — Bond. Section 19. The members of the board of engineers, except the boiler inspector, shall each receive four ($4) dollars for each session at which they are present, provided said board shall hold not to exceed one session per week. They shall each give a bond in like manner as the boiler inspectors, with the same conditions, and in the penal snni of five hundred (S500) dollars each; said bond to be approved by the mayor. Engineer neglecting duty — Penalty. Section 20. If any engineer shall negligently or Avrongfully endanger the life of any person by permitting the water to fall below the flues or crow.n sheets of an}^ boiler or boilers, or other- wise neglect his duties, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine of not less than twenty-five ($25) dollars, nor more than five himdred ($500) dollars. . Try cocks — Water gauge — Safety valves — Force pumps. Section 21. It shall be the duty of every owner or other person using steam boilers in the city of Omaha to provide and properly affix thereto a full complement of "try cocks," one (1) water gauge, one or more safety valves of suitable dimensions, to be approved by the inspector, also a good and sufficient force pump or other means of supplying the boiler with water, and in no case shall direct pressure from the water mains be used to feed the boiler or boilers when sixty pounds or over pressure is carried on said boiler or boilers, which shall also be subject to the approval of said inspector. Fee for inspection of boilers. Section 22. The boiler inspector shall charge a fee of five ($5) dollars for the inspection of each boiler or tank, which shall be paid by the party requiring such service. Inspector's report. Section 23. The inspector shall report quarterly, each year to the council, or as often as monthly if required, all boilers in- spected by him. 142 RKVISKD ORDIXANCKS. Fees and fines. Section 24. All fees and fines shall be turned over to the city treasurer on the last day of each calendar month, or not later than the first of the following month, by the inspector, and he shall make a statement to the city comptroller sho\vin<;- all monies from whom and when the collection was made. All monies thus reported shall be credited to the general fund, and from which fund the expenses of the inspector's office shall be psLid. Penalty. Section 25. Any person who shall violate any of the provi- sions of this chapter where no penalty is provided, shall be subject to a penalty of not less than thirty (S30) dollars nor exceeding one hundred ($100) dollars for each and every offense. Booking Agerxcies. Set' Eini)loynient Agencies, Section IXANri:s. 143 CHAPTF.R XIV. Permits. BUILDINGS. Section 1. Whenever any person, persons, firm or corjiora- tion shall desire to erect, change, alter or repair any bviildino- or structure within the corporate limits of the city of Omaha, he or they shall make application at the office of the building in- spector for a permit for that purpose, which application shall state the exact site to be occupied, giving a description of the property, lot, block and addition; and shall state the material to be used, dimensions and estimated cost of the proposed build- ing or structure, and the probable time to be occupied in its erec- tion; the name of the owner, architect and the contractor or builder; and shall also state if it is desired to use a portion of the street or alley adjoining said property, for the purpose of deposit- ing building nuiterial during the erection, alteration or repairing of said building, and if it is desired to use a part of said street or alley, a permit shall be secured from the building inspector, as herein provided. Street use. Section 2. Any person or persons intending to erect, alter or repair any Iniilding, and desiring to occupy or use a portion of the street or alley adjoining said building, shall make applica- tion to the building inspector, who shall issue to such applicant a permit for the occupation or use (for building purposes only) of such portion of said street or alley as may be required by said ai)plicant upon the filing by said applicant of a good and suffi- cient })ond to guarantee the city of Omaha against loss by reason of such use of said street or alley, and the payment to the city treasurer of a fee of $2.00 for each month or fractional part thereof that said street or alley is to be by them so occupied. In case of a dispute between the applicant for a permit and the building inspector as to the estimated cost of the proposed building, the applicant shall file with the building inspector a copy of the complete specifications and a copy of the contract for the proposed buildhig, both of which shall be certified to under oath bv the architect and contractor. 144 RKV.I.SED OUDIXAXCES. Any person apphung for a building permit shall pay to the city treasurer, before such permit is issued, the following fee for such permit, namely: In case the estimated cost of any building or structure, or the alteration, addition or repairs to any building or structure shall not exceed the sum of $500.00, the fee therefor shall be 50 cents; for over $500.00 and not exceeding $2,500.00, the fee shall be $2.00; for over $2,500.00 and not exceeding $5,000.00, the fee shall be $4.00; for over $5,000.00 and not exceeding $7,500.00, the fee shall be $6.00; for over $7,500.00, and not exceeding $10.- 000.00. the fee shall be $8.00; and for each additional $1,000.00, after the first $10,000.00, the applicant shall pay an additional 50 cents for each $1,000.00, or fractional part thereof, up to $100.- 000.00. After the first $100,000.00 the fee shall be 25 cents for each $1,000.00, or fractional part thereof. Inspect plans — Fee. Section 3. The said inspector shall not give a permit for the erection of any building until he has carefully inspected the plans and specifications therefor, ascertained that the building has sufficient strength, and that the means of ingress and egress are sufficient; and no permit shall be issued until the applicant shall have paid to the city treasurer the recpured fee. A copy of the general drawings in ink or print, and specifications of every building, shall be deposited in the office of the building inspector before the permit is issued and shall remain in said office perma- nently. Revocation of permit. Section 4. Should the building inspector believe that any work is not being executed according to the representations of the person applying for the permit for same, or is being prosecuted in violation of the provisions of this ordinance, it shall be his duty to revoke said permit and to order the owner, agent or con- tractor to at once stop such work until such tinie as he is ready to proceed in accordance with the provisions of this ordinance. Alteration of building. Section 5. No building shall be altered until it has been examined and approved by the inspector as being in good and safe condition to be altered as proposed, and the alteration so uxade shall conform to the provisions of tiiis chapter. REVISED ORDINANCES. 145 Permit. Section 6. No wall of any building shall be cut off or altered without a permit having been first obtained from the inspector. Fire escapes. Section 7. Every wall, structure or building hereafter built or altered in the city of Omaha shall conform to the provisions of this ordinance; and no building shall be erected without the provision of sufficient ways of egress and other means of escape from fire, i)r()perly located and constructed, and no change shall be made in the plans or specifications of such ways of egress or means of escape unless a permit is obtained therefor. Said inspector may require that proper fire stops shall be provided in the floors, walls and partitions of such buildings, and may make such further requirements as may be necessar}'- or proper to prevent the spread of fire therein or its communication from any steam boiler or heating apparatus; and no pipe for conveying hot air or steam in such building shall be placed nearer than one inch to any wood work ludess protected to the satisfaction of the inspector by suitable guards or casings of incombutsible material, and no wooden flue or air duct for heating or ventilating purposes shall be placed in any such building. Inspector enter premises. Section S. The inspector or his assistants may as far as necessar}^ for the performance of their duties, enter any building or prenuses within the corporate limits of the city of Omaha. Definitions. Section 9. In this chapter the following terms shall have the meanings assigned to them, to wit: "Brick buildings" means biuldings, the walls of which are built of brick, stone or other substantial and incombustible ma- terial. "Cellar" means a basement or lower story of any building of which one-half or more in height from the lower floor to the ceiling is below the maindevel of the street adjoining. 'Tarty wall" means a wall used or built in order to be used as a separation of two or more buildings. " External Wall" means an outer wall or vertical inclosure of a building, other than a party wall. 146 RKVISKD ORDIXAXCES. "Foundation" means that portion of a bnildinc; from tlie bottom footings to first floor. * ' Inspector" means the buihling inspector of the city of Omaha. ''Lodging house" means a buikling in which persons are temporarily accommodated with apartments, and includes hotels. "Division walls" means interior walls of masonry in buildings. ' ' Public buildings" means any building used as a church, chapel or other place of worship, and any building used as a college, school, public hall, hospital, theatre, public concert hall, public lecture room or for any public assemblage. "Tenement house" means a building which or any portion of which is to be occupied or is occupied as a? dAvelling by more than three families living independently of one another, and doing the cooking upon the premises, or by more than two families above the second floor, so living and cooking. "Wooden building" means a wooden or frame building. The height of a wall means the height from the main grade of the sidewalk or adjoining ground to the highest point of the wall. The thickness of a wall means a minimum thickness of such wall. Cement mortar means a i)roper portion of cement and sand without the admixture of lime. Test. Section 10. Tn all calculations for the strength of materials the proportion between safe weight and breaking weight shall be as one to four for all nuMubers subjected to a cross strain, and as one to six for all vertical supports and members subjected to a tensile strain. Thickness of walls. Section 11. In the erection and alteration of any building, the material of which, in whole or in part, is other than brick, stone or wood, the thickness of the walls of such nuiterial and the method of construction shall be such as the inspector shall approve. External and party walls. Section 12. All buildings in said city, to be used for tene- ment houses or lodging houses, and all buildings for any purpose within the fire limits, except as otherwise specially provided,' shall KKVISED ORDINANCES. 147 have external and party walls of brick, stone, iron or other sub- stantial or incombustible material, and shall be subject to all requirements for a ''brick building" except as otherwise expressly stated. Foundations. Section 13. Every brick building exceeding one story in height, hereafter built in said city, shall be built upon a founda- tion resting not less than three feet below the surface exposed to frost, upon the solid ground, or leveled surface of solid rock, or upon piles, concrete or other solid sub-structure. Excavations, notice to adjoining owner. Section 14. Whenever any excavation in the city of Omaha is to be made for any building or other purpose, and there shall be any wall or other structure wholly or partly on adjoining land or near the intended excavation, the party causing such excavation to be made shall notify the agent or owner of asid adjoining premi- ses of such intended excavation, and of the depth it is proposed to be made, and the owner of said adjoining premises shall have the right to enter upon the premises of the party causing the excavation to be made, for the purpose of securing his building, and at such times as he may be notified to do so by the building inspector, and upon receipt of such notice he shall immediateh^ proceed to make such building secure. Piles. Section 15. When piles are used for foundation purposes they shall oe sound and straight. Foundations. Section 16. Proper foundations of masonry shall be prepared for the support of all l)uildings. The breadths of the foundation of the several parts of any building shall be ])roportioned so that as nearly as practicable the pressure shall be equal on each sc|vuire foot of the foundation. Cement nu)rtar «hall be used in the ma- sonry below grade line in all l.rick buildings exceeding one story in height. As soon as the walls of any biiilding are built above the grade of the street or lot, it shall l)e the duty of the contractor or owner to have the space on th(! outside of said walls filled uj) in a substantial manner, aiul if said building is erected on or near any 14S REVISED ORmNANCES. alley line, and the alley is paved, it shall also be the duty of the contractar or owner to grout said space and replace any pavement impaired or removed in a thorough and substantial manner as soon as said wall is above grade. Walls, composition of. Section 17. All brick walls and buttresses shall be of well burned and well shaped merchantable brick, well laid in lime or cement mortar and well flushed up at every course, and all brick used in warm weather shall be wet at the time they are laid. The top of all brick walls must be finished with eitlier a stone, tile, terra cotta or iron coping. All walls of brick, stone or similar material shall be thoroughly and practically bonded and tied and solidly put together; shall be built to a line, plumb and straight, and all supports of the same shall be of iron, brick or stone and of sufficient size and strength to support the superstructure. The thickness of brick walls of all business, manufacturing, and public buildings shall not be less than the number of inches shown in the following table, to wit: >i >i >i a >> >> >. >. >. >> u >> >> u u ^ u o o Outside, Party and Division Walls a o o Si K 35 s OQ » J3 CO J3 CO .^ J3 .a ^ .a • J3 r^ ^ 16 12 IN n •* in o t- 00 05 1 Story 2 " 16 16 20 24 24 24 28 28 28 32 32 12 16 16 20 20 20 24 24 24 28 28 12 12 16 16 20 20 20 24 24 24 28 12 12 16 16 20 20 20 24 24 24 12 12 16 16 20 20 20 24 24 12 12 16 16 20 20 20 24 16 16 16 20 20 20 12 16 16 16 20 20 12 16 16 16 20 12 16 16 16 12 16 16 12 16 3 " 4 " 5 " 6 " 7 " 8 " 9 " 10 " 11 " 12 " 1? RKVISED OUDIXAN'CF.S. 149 All brick or stone buildinj:;s having the first story or basement and first story designed for business purposes and the upper stories for dwellings, shall have all walls of a thickness not less than' the number of inches shown in the following table, to wit : Brick Walls and Dwellings 1 1 « 16 16 20 20 20 24 24 24 28 28 32 t-, 02 12 12 16 16 20 20 24 24 24 24 28 o ■a (N 8 12 12 16 16 20 20 20 24 24 24 5 •c CO 12 12 12 16 16 20 20 20 24 24 o St 12 12 12 16 16 20 20 20 24 1 CO M ■c 12 12 12 16 16 20 20 20 & o 12 12 12 16 16 16 20 o 12 12 12 16 16 16 1 00 12 12 12 16 16 p & 12 12 12 16 o & Xi o 12 12 12 o 12 12 c 2 Story 3 " 4 '■ 5 " 6 ■■ 7 " 8 " 9 " 10 " 11 " 12 " 12 The above table shall apply to all walls of sixty feet and under in length: walls exceeding sixty feet in length shall not be allowed to have more than two upper stories twelve inches thick, and no eight inch wall will be permitted on a building more than sixty feet in length. And brick or stone dwelling houses shall have walls of a thickness not less than the number of inches shown in the following table, to wit: Brick Walls for Dwellings 1 Story. 9 10 11 12 c F b ^ >> >, b b >. b >. o b o o ?n QQ m CQ m CQ WJ CO ^ jg ^ .^ ■V ■C M ^ J3 M ja 0Q "^ <£> t^ 00 a> '^ 12 8 16 12 8 16 12 12 12 16 16 12 12 12 20 16 16 12 12 12 20 16 16 16 12 12 12 24 20 16 16 16 12 12 12 24 20 20 16 16 16 12 13 12 24 20 20 20 16 16 16 12 12 12 28 24 20 20 20 16 16 16 12 12 12 28 24 24 20 20 20 20 16 16 12 12 12 32 28 24 24 20 20 20 20 16 16 12 12 12 The above table shall apply to all walls forty-four feet and under in length; when over forty-four feet in length such walls shall not be allowed to have more than two upper stories twelve inches thick, and no eight-inch wall will be permitted on a building more than fortA^-four feet in length. 150 KEVISKD ORD] NANCES. Cornices. Section 1uildings entering a wall shall be cut on a splay of three inches in their width, and in no case shall rest on the brick wall more than four inches. Partitions. Section 44. All niain partitions supporting, in any manner, floor beams or rafters of a brick building shall be placed over each other, shall rest directly on a wall or girder, and shall head and foot against each other as far as practicable. Dangerous chimney, etc. — Notice. Section 45. If any chimney, flue or heating apparatus of any premises shall, in the opinion of the building inspector or his assistant, endanger the premises, he shall at once notify, in writing, the owner or agent of said premises. If such owner or agent fails, for a period of forty-eight hours after the service of such notice to make such chimney, flue or heating apparutas safe, he shall be liable to a fine of not less than twenty ($20) dollars nor more than fifty ($50) dollars for every day's continuance thereof. Smoke pipe. Section 46. Every smoke pipe in a building entering a chim- ney flue shall be at least twelve inches from every wooden floor, ceiling or stud partition ; shall be guarded by a soap-stone ring, brick noggin or other incombustible material of not less than four inches in thickness, extending through the floor or wood partition. And no smoke pipe shall project through any roof, external wall or window. Construction of smoke pipes. Section 47. The smoke pipe of' every furnace shall be kept at least one foot distant from all beams and ceilings not protected 158 REVISED ORDINANCES. by a shield or tin plate at least two inches distant from all beams or ceilings; and no smoke pipe shall be placed nearer than twelve inches to any beam or ceiling unless the beam or ceiling is plastered, in which case the pipe maj^ be kept within six inches of the plaster- ing if protected by the above described shield; and the top of all heating furnaces set in brick shall be covered with non-combust- ible material, supported by iron bars, and so constructed as to be perfectly tight; said covering to be in addition to and not less than six inches from the ordinary covering to the hot air chamber. Furnaces. Section 48. No furnace and no range set in masonry shall hereafter be placed or its location changed in any building except as the inspector shall approve. The top of every heating furnace not set in brick shall be kept at least twelve inches below the beams or ceiling with a shield of tin plate made tight, suspended not less than two inches below the said beams or ceiling and ex- tending one foot beyond the top of the furnace on all sides. Cutting timbers without permit. Section 49. No floor timber, header or trimmer of a brick building shall be cut into more than two inches in depth for piping without permit from the building inspector, and np cutting shall be made in any timber at a greater distance than two feet from its support. Strength — Temporary support. Section 50. Every temporary support placed under any structure, wall, girder, beam or column during the erection, finish- ing, altering or repairing of any building, or part thereof, shall be equal in strength to the permanent support recjuired for such construction; and the walls and roof of every building shall be strongly braced from the beams of every story until all the bear- ing parts of the construction are completed, unless omitted by consent of the building inspector. Bay window, projection of — How constructed. Section 51. No bay window or other structure shall be placed upon any building so as to project over any public way or square; but such bay or oriel window ma}^ have the body of REVISKI) (_)KU1.\ANCES. 159 the same project not more than two feet over the street line, and the body of balconies may project not more than four feet over the street line. Provided, no part of said bay or oriel window or balcony shall be less than twelve feet above the grade of side- walk. All bay or oriel windows or balconies shall be constructed of, or covered with, incombustible material (if within the fire hmits) and shall be strongly and substantially supported. Where awnings are attached to buildings, the framework shall be metal, the lower part of which shall be not less than eight feet above the sidewalk and curtain shall not hang down more than eight inches. Brick buildings — Scuttle frames. Section 52. All l:)rick buildings more than twenty feet in height shall have scuttle frames not less than two by three feet in size, and covers or bulkheads and doors on the roof made of or covered with some incombustible material; and every scuttle shall have a stationary step-ladder, and every bulk-head shall have stairs furnished with a sufficient guard or hand-rail ready for use at all times, and in a tenement liouse such scuttle or bulk- head shall never be locked, but may be fastened by a hook on the inside. Fire-proof doors. Section 53. All brick Imiklings, except dwelling houses, school houses, churches and all strictly fire-proof buildings shall have fire-proof doors or shutters on every entrance aiul window on the rear walls, inner walls and courts, with openings within forty feet of each other; such shutters to be constructed to the satisfaction of the building inspectoi- and chief of the fire depart- ment. Rain water, draining of. Section 54. The roof of every building shall be kept in good repair, and all rain water shall be so drained or conveyed there- from as not to drip on the ground or cause dampness in the walls, yard or area. Water tight leaders. Section 55. All buildings inside the corporate limits, and every building hereafter built shall be provided with suital)le water-tight leaders for conducting the water from the roof to the 160 HKVISIOD ORDIXANCKS. ground, and all water shall be conducted tVom the Iniildinj: hi proper and secure manner to the sewer, when siudi building is located inside a sewer district; there being no sewer on the premi- ses, the conductor pipes shall be so located as to properly carry the water to the street or alley gutter, and the whole shall be arranged and undei- the control of the building inspector. Fire escapes. Section 56. All buildings in the city of Onuiha which are fotir or more stories in height, except such as are used for private residences exclusively, but including flats and apartment buildings, shall be provided with one or more metallic fire ladders and stand- pipes or stair fire escapes attached to the outer walls thereof, and to have landings or platforms of such size and construction as provided for in this ordinance. All such fire ladders or fire escapes shall be located on the building in such ]iroximity to one or more windows of each story above the first, as to render access to such ladder or escape from such story easy and safe. The buildings shall also be provided with one or more automatic metallic fire escapes, or other proper device, to be attached to the inside of said buildings so as to afford an effective means of escape to all occupants who, for any reason, are unable to use said ladders or stairs; the number, material, location and con- struction of such escapes to be subject to the approval of the l)uilding inspector. Provided, however, that all buildings more than two stories in height used for manufacturing purposes or for hotels, dormitories, schools, seminaries, hospitals, or asylums shall have at least one such fire escape for every fifty persons, and one such automatic metallic escape for every twenty-five persons for •which working, sleeping or living accomodations are provided above the second stories of s\u'h buildings; and that all ]iublic halls which provide seating-room above the first or ground story shall be provided with such number of ladders and fire escapes as the building inspector shall require. All buildings of the num- ber of stories and used for the purposes set forth in this ordinance which shall be hereafter erected in this city shall, upon or before their completion, each be provided with fire escapes of the kind and number and in the manner set forth in this ordinance. It shall be the tluty of the building inspector to serve a written notice upon the owner or owners, trustees or lessees, their agents, or the occupant of any building within this city not provided with fire HKxisKi) <)i:i)i .\A\(i;s. 161 (>s('a])es in accordance witli the i)i'()visi(nis of tliis ordinnace to place, oi- cause to be placed, upon such buildinji such fire escapes as provided for in this ordinance within thirty days after the service of sucli notice. An}' such owner or owners, tr\istee, lessee or occupant, or either of them or their agents so served with such notice as aforesaid who shall not, within sixty days after the service of such notice, place or cause to be placed such fire escapes u])on such buildings, as re(iuired by this ordinance and the terms of such notice, shall be subject to a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars for each and every such offense, and shall be liable to a like fine for each and every day such offense continues. Fire escapes. Section 57. All fire escapes shall he permanently and securely fastened to buildings. Stairway fire escapes for three story buildings shall be made with one or more landings for the third story and one or -more for the second story. Each landing shall be at least the full width of the windows, and not less than twenty-four inches deep. Said landings thall l)e built sufficiently strong to support at least three hundred pounds to the S(iuare foot. Where stairway fire escapes are located outside of buildings at the end of a hall- way, one of the two balconies reciuired must be a double balcony of sufficient length to permit of an easy pitch for stairs. Stairway fire escapes for buildings four stories or more in height shall have landings not less than thirteen feet long, thirty inches wide by three feet six inches deep at each end, balance of landing to be twenty-one inches deep to allow room for the stairways. Said landings shall be supported by five or more brack- ets made of wrought iron and capable of sustaining at least three hundred pounds to the square foot. Landings made in sections shall be bolted or riveted together with three and one-half by five-sixteenths inch v\rought iron battons underneath. For buildings where it is more convenient to have szig-zag or continuous stairways, such fire escapes may be used, the landings, however, shall be not less than the full width of the windows and not less than twenty-four inches deep. Such landings shall be supported by brackets svifficient in luunber to sustain the same weight per foot as specified for the larger landings, and as nearly as possible in accordance with these specifications. 162 REVISED ORDINANCES. All landings shall be made of five-eighths-inch perforated cast iron framed with two by two by one-fourth-inch angle iron, per- forations in landings to be one and one-fourth inch round holes one and one-fourth inches apart countersunk underneath to allow the snow and ice to escape, and to have rough diamond surface on top. Brackets supporting landings shall be made of two by one-half-inch Avrought iron, made in a triangular form, with strengthening bar against the wall wherever practicable, and all brackets shall be welded at the outer end and bent up one inch so as to hold the landings in place; said brackets shall have one inch bolt welded on top piece passing through wall and secured on the inside -with nut and four-inch square washers on inside of wall at least two-eighths-inch thick. Brackets shall not average more than three feet apart, except where landings are four feet or less in length when two brackets made as above specified may be sufficient. All landings shall have double gas pipe railings made of one- inch gas pipe, and shall have one and one-half-inch gas pipe posts with globe fittings; such posts shall be not less than thirty inches high and spaced not more than four feet apart, and be bolted securely to the landings. More ornamental railings may be used at the discretion of the owners, specifications of same to be sub- mitted to the building inspector for his approval. Stairways shall be fastened securely to the landings and have perforated cast iron steps with rough diamond surface, to prevent slipping, with strengthening ribs of two one-half-inch rods under- neath on both edges. Steps shall be five-eighths-inch thick by six inches wide by twenty inches long, bolted to side stringers with two three-eighths-inch bolts at each end. Stringers shall be not less than four by three-eighths-inch iron, and when more than sixteen feet long shall be supported by brackets made as above specified. Steps shall be spaced so as to make about eight-inch rise. Stairways shall have single gas pipe railings with three or more wrought iron standards to support same. Iron steps made of one-fourth by one-inch wrought iron, six inches tread, may be used instead of cast iron. All fire escapes shall have metallic ladder extending from the top story landing to three feet above the top of the building, curving over the roof and drop ladder, hoisting ladder or stairway from the second story landing to the ground. Where drop ladder is used it shall be a balance weight ladder hung to wall by a chain running over a ])ulley securely fastened. rp:vised ordixancf.s. 163 All buildings over three stories high shall have stand pipe with hose valves above the third story and double Siamese auto- matic valve at the bottom. For warehouses and other buildings where there are less than twenty-five people emploj^ed, (provided females are not employed or do not sleep therein) ladder and stand-pipe fire escapes may be erected with landings extending full width of the window and not less than twenty-six inches deep, frames extending thirty inches beyond the landing to support the ladder and stand-pipe, stand-pipe and ladders to be placed to the side of the window opposite the wall or pier. Landings and brackets shall be made as specified for stairway fire escapes. All ladders shall be made of one and one-fourth-inch gas pipe for side stiles, seventeen inches apart, with one-half-inch square iron rungs twelve inches apart, riveted and placed wath edge up. Ladders shall be secureh'' fastened to landings or wall not less than eight inches away from the wall. Stand-pipes shall be three-inch best lap-welded pipe fastened to landings or wall, (or both), and have valves to fit the fire department's hose. Steel landings ma}^ be used, provided they comply with the following specifications: Landings shall have two-inch by two-inch bv one-fourth-inch angle iron framing all around, bolted securely to the brackets, and have gratings made of one and one-half-inch by one-fourth-inch soft steel bars placed edge up and one inch apart; and have three- eighths-inch round cross rods not more than eighteen inches apart with nuts at each end, and have either wrought or cast iron separat- ing rings between each bar, or cross bars made of two-inch by three-eighths-inch iron not over twenty inches apart, with floor bars of one-half-inch square iron, one and one-half-inch on centers set with edge up, may be used, said gratings to be bolted securely to the angle iron frames. Landings specified in this clause shall correspond in size with the cast-iron landings, previously specifi.ed, and brackets, steps, stringers, railings, ladders, standpipes, etc., mvist be similar to those described above. All work nuist be painted with not less than two coats of best mineral ])aint, and all holes must be filled up with the V»est cement. All escapes must be kept in thorough repair and in working order, and shall be painted at least once in two j^ears. 164 uiaisi;i) ouDJXAXCKs. Elevator shafts, doors of. Section 5S. All openings to elevator shafts must l>e provided wih fire-proof doors. Where elevators are not running in shafts they must be pi'ovided with auonuitic rails, gates or trap doors. Unsafe buildings. Section 5!). Every building which shall appear to the V)uild- ing inspector to he specially dangerous in case of fire, decay, bad condition of walls, overloaded floors, defective construction or other causes, shall be held to be unsafe. The owner or agent of any building or attachment to any Iniilding which is unsafe and dangerous shall, within two days after receiving notice from the building inspector, cause the same to be made safe and secure or taken down; and where tlie conditions recpiire immediate action the builcUng inspector may enter upon the premises and cause said structure to be secured or taken (k)wu without dela}^ the cost thereof to be assessed and become a lien against said property, and the building inspector shall make out certified bills of all charges incurred and present the same to the city comptroller. The building inspector shall also affix a notice of the dangerous character on the exterior of said structure, and any person destroy- ing or removing such notice shall l)e liable to a fine of twenty-five ($25) dollars for every such offense. Livery stable, construction of. Section 60. Every building in which horses are kept in stalls for sale, or while boarding, or which is used as a livery stable, shall have an exit at two sides thereof of not less than eight feet in width, and, whenever necessary,, there shall be run-ways or inclines so arranged as to be of use in taking horses from the building, and which shall be not less than eight feet in width and provided with guards on each side thereof, and when horses are kept on floors not provided with exits, there shall be at least two run\vays connecting with the floors and leading in direction of exits. Horses, hay on floor with. Section 61. If hay or straw is to be kept on the same floor with horses, a fire-proof room shall be provided for same, built of brick, fire-clay, tile or porous terra cotta, or other fire-resisting material; antl all doors or openings into such room shall be made of fire-proof or fire-resisting material. KKVISKD ORDIXAXC'KS. 165 Tenement house. Section 62. No building- in the city of Omaha shall be con- verted into or used for a tenement or lodging house, vmless, in addition to the other reriuirements of law, it conforms to the provisions of this ordinance. Tenement house, situation of. Section 63. If a building to be used for a tenement or lodg- ing house is on the front of any lot where there is another building on the rear of the same lot, there shall be a clear space, exclusively belonging to the front building and extending upwards from the ground, of at least ten feet between said buildings, if they are one story high above the level of the ground. If they are two stories high, the distance between them shall be not less than fifteen feet; if they are three stories high, the distance between them shall be not less than twenty feet, and if they are more than three stories high, the distance between them shall be not less than twenty-five feet. Brick tenement house. Section 64. Every brick building hereafter erected or altered to be used for a tenement or lodging house shall have stairways enclosed in brick walls, or fire-proof partitions the entire height, and if lighted by sky light, such sky light shall be of framed metal, and no opening or aperture shall be made in said walls except the requisite doors for entrance thereto, and external windows. Every such building, if to be occupied by more than four families above the first fioor, shall have such additional staircases, or means of egress, as, in the judgment of the building inspector, the safety of the occupants shall demand. All such staircase partitions are to commence at a level of, or above, the cellar bottom. They maybe erected upon iron girders and properly protected from fire. Wooden buildings outside fire limits. Section 65. Outside of fire limits wooden buildings may be erected, subject to the following restrictions and regulations: All wooden buildings shall be placed at a distance not less than one foot and six inches from wall line to the line of the lot upon which the building is to be located, unless a brick external wall is sub- stituted for a wooden wall, and of thickness prescribed by ordi- nance regulating the erection of brick external walls. The brick 166 revisp:d ordinances. walls above required shall be built up to the under side of the roof covering, which shall be laid and bedded in mortar upon the walls. In the erection of wooden buildings in blocks of two or more houses, to be occupied for dwelling purposes, the said buildings shall have intercepting walls of brick of the same thickness as external wall in brick buildings of the same class; such brick walls to be carried up and topped out twelve inches above the roof; or they may, in the discretion of the building inspector, be carried to the under side of the roof covering, which shall be laid and bedded in mortar upon the walls. Wooden buildings — Cellars. Section 66. All wooden buildings having cellars one thousand feet area shall be built upon secure foundations of ston'e or brick carried up to the surface of the round, which foundation, if of brick, shall be not less than twelve inches thick and laid in mortar; if of rubblestone, it shall be not less than sixteen inches thick. Where frame buildings are built upon flat, soft or marshy land, the inspector may, in his discretion, perinit the sills to be placed upon mud sills or blocking, or upon piles cut to height of grade. Framing timbers. Section 67. Frame buildings hereafter erected must have framing timbers, as follows: Sills, not less than six by six inches; floor joists, not less than two by eight inches; studding, not less than two by four inches ; rafters, not less than two by four inches ; hip and valley rafters, not less than two by six inches; ceiling joists, not less than two by four inches. All floor joists, ceiling joists and studding must be placed not more than sixteen inches from center to center. Provided, however, the building inspector may permit the use of framing timbers of less dimensions in small barns and out-buildings. Areas. Section 68. A space extending four feet from property line on any street may be used for entrance steps to basement or first floor, or for lighting an area. Open areas must have railings. Coal holes and vaults. Section 69. Coal holes and vaults under sidewalks shall be constructed as follows: The outer wall next to the street shall be formed of stone or brick, and no part of said wall shall be nearer KF.VISEI) ORUINANCES. 167 the curb line than two feet. The top shall be formed either by an arch or arches turned in a good and substantial manner, or by rough hammered stone at least six inches thick, properlj^ supported on steel or iron beams of sufficient strength. The opening in the sidewalk for coal hole or vault shall be covered with a substantial iron plate with a rough surface. The entire construction of all coal holes and vaults shall be subject to the direction and supervision of the building inspector. Theatres, construction of. Section 70. Every building hereafter built or altered to be used as at theater, for dramatic, operatic or other similar perform- ances, involving the use of a fixed stage, with movable or shifting scenery, curtains and machinery, shall be of brick or other fire resisting construction throughout, so far as the nature of its uses will permit, and shall have at least two independent exits for each division, compartment or gallery above the first floor; shall have independent stairways, and exits shall be located as far apart as practicable. The lobby shall be separated from the auditorium by brick or other fire resisting wall; and all walls, floors and landings of stairways and all stairs shall be incombustible material. There shall be lobbies adjoining each division of the auditorium suflficiently large to furnish standing room for all persons that such subdivision may at any time contain. This provision shall apply to the exit from each division, gallery or compartment of such building, as well as to the exterior opening. All public build- ings shall have corridors, lobbies, stairways, passages and aisles of equal or increasing width towards the exit and without any projection into them within six feet of the floor; shall have the halls, corridors, doors, stairways, seats and aisles so arranged as to facilitate egress, and shall have such fire service and apparatus for the extinguishment of fire as the building inspector and chief of fire department shall deem necessary. All exits from any public building shall be open for the use of every departing audience. The overheads immediately beneath the floors of the audi- torium, lobbies, hall rooms, galleries, stairways, landings and corridors of public buildings shall be protected by some incom- bustible material, such as wire lathing and plastering, or terra cotta and plastering, and stair carriages and framing shall be plugged solid to line of tread risers and landing floors with some incombustible material. 168 KEVlSKn OKDIXAXCES. Partitions, stairs and landing — Public buildings, ^Section 71. All partitions of })ublic buildings euclosino; stair- ways, lobbies and corridors, or separating them from auditoriums or ante-rooms, shall be of brick masonry or heavy studding l)nck nogged throughout or otherwise made non-combustible. All stairs and landings of public buildings shall have proper hand-rails on both sides, firmly secured to walls or to strong posts and balusters throughout their entire lengths, and very wide stairways shall have one or more intermediate rails on strong vertical supports, as approved by the building inspector. Winders shall not be introduced in stairways. Public buildings — Approaches and exits. Section 72. lilvery approach or exit of a public building under or through any other building shall have solid masonry walls and the floors and ceilings shall be of approved incombustible and fire resisting materials, and there shall be no opening through said walls, floors or ceilings. Public building lights. Section 73. The lights for all passages and stairways of exit of every public building shall be independent of the light of the rest of the auditorium and platform, and shall be so arranged that they cannot be turned down or ()ff from the platform. Theatres — Exits. Section 74. In addition to the exits hereinbefore required for all public buildings, there shall be provided, if practicable, for every theatre, direct exits from the main floor of the audi- torium to the street, court or open passage-way; and these exits shall be provided with light doors or sashes opening outwards, and secured only on the inside, as may be readily forced open in case of fire or panic. Stages. Section75. The stage of every theatre shall be separated from the auditorium by a masonry wall not less than sixteen inches thick, or its equivalent, which wall shall extend the entire width of the building, and from ground to roof on the sides of the proscenium arch, and from ground to, stage floor and be topped KK\1SKI) OHDIN.Wf'KS. 160 out as a party wall not less than six feet above the roof. There shall be no opening through this wall except the curtain opening, and not more than three others to be located at the level of or below the stage, these latter openings shall not exceed twenty-one superficial feet each and shall have tinned wood' or other fire- proof self-closing doors securely hung to rabbets in the masonry wall work. Curtain opening — Incombustible material. Section 76. The wall over the curtain opening of every theatre shall be carried by a brick arch or by an iron truss or girder, and if a truss or girder is used it shall be covered by ma- terial non-conductive of heat, and a girder shall be spanned by a sufficient relieving arch of masonry in cement. The roof trusses of every theatre shall be covered with incombustible material. The finish or decorated features around the curtain opening of every theatre shall he of incondnistible materials well secured to masonry. All scenery, curtains and exposed wood work of the stage of every theatre shall be thoroughly covered or saturated, if practi- cable, with fire-resisting material approved by the building in- spector. The fixed portions of stage, fly-floors and tile floors of every theatre shall be approved incombustible material, excepting that the flooring may be of wood. The under side of flooring of fly-floor of every theatre shall be covered with approved incombustible materials, and the tile flooring shall have an open flooring of slats set their full width apart. Wardrobes, etc., separated from stage. Section 77. All scene docks, carpenter or property shops and wardrobes of every theatre shall be separated from the stage, auditorium and dressing room divisions by solid masonry walls not less than twelve inches thick, with no openings to the audito- riums or dressing room divisions; and all openings to the stage shall have tinned wood or other fire-proof self-closing doors securely hung to rabbets in the masonry. 170 REVISED OKDIXAXCES. Exits. Section 78. All rooms and premises in every theatre for the use or occupancy of persons employed therein shall be located in secure positions and shall have at least two independent exits as far removed from the stage as practicable and all parts of such rooms and premises, with their passage and stairways shall be of fire resisting construction. Stage standpipes. Section 79. There shall be on the stage of every theatre, service stand-pipes at least two inches high with ample provisions of hose and nozzles at each level of the stage on each side, and the water shall be kept turned on during the occupancy of the building. The side pipes shall have two gates one above the other, with a proper test of waste valve; the lower gate to be kept open at all times except when testing the upper gate to ascertain if it is in order for use. The proscenium openings shall be provided with a two and one-half-inch perforated iron pipe so constructed that in case of an emergency it will perform a complete water curtain for the entire proscenium opening, and there shall be such addi- tional fire-proof apparatus and perforated iron pipes or automatic sprinklers as the building inspector shall direct. Such pipes shall be supplied with water by high pressure service and be at all times ready for use. Venlilators. Section 80. The combined area of opening of all ventilators shall not exceed two-thirds of the area of ventilator opening over stage. Fire resisting curtain — Officers have access. Section 81. The proscenium or curtain opening of every theatre shall have a fire resisting curtain of incombustible ma- terials reinforced by wire netting or otherwise strengthened. If of iron or similar heavy material and made to lower from the top, it shall be so contrived as to be stopped securely at a height of seven feet above the stage floor, the remaining opening being closed by a curtain or valance of fire resisting fabric, as above. Such curtain shall be lowered at the beginning and end of each and every performance, and shall, in its material construction and mechanism, be approved by the building inspector. RKVISII) OROIN.ANCES. 171 The chief of fire department, building inspector or their agent shall have free access to the stage at all times for the purpose of testing or examining fire apparatus. License — Inspector's certificate. Section 82. Before the proper city official shall issue a license for any theatre or place of public amusement or exhibition of any kind in this city (except where such amusements or exhibi- tions are held in tents or unimproved property), he shall require the party or parties applying for such license to file in his office a certificate from the building inspector stating that the provisions of this ordinance have been comphed with in all its recpiirements. Wooden fences. Section 83. No wooden fence shall be constructed exceeding eight feet in height above the sidewalk level or grade, or above the surface of the ground where no grade is established. Any person or persons w^ho shall construct or cause to be constructed any wooden fence contrary to the provisions of this ordinance, or who shall refuse or neglect to remove any wooden fence not con- structed in accordance with the provisions hereof, shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be subject to a fine not to exceed ten (SIO) dollars for every such offense, and shall be liable to a further fine of ten ($10) dollars for each and every day thereafter that he permits such wooden fence to remain. Comers — Street names. Section 84. That all permanent buildings hereafter erected on the corner of any street in the city of Omaha shall have placed thereon a tablet of stone (except in iron buildings it may be of iron), having thereon the name of the street in plain Roman letters not less than three inches high; and such tablet shall be ' placed above, but not exceeding two feet higher than the first story of such building, in plain view from the street. Awings. Section 85. No awning shall be consturcted or permitted to remain over any sidewalk or part thereof within the fire limits of the city of Omaha, unless such awning be constructed of canvas, cloth or other light and pliable material, securely attached to the 1/2 KK\ISi:i) OKDI ,\ \N('KS. building in front of which it is placed, and properly su])|)orted. without posts, by iron or other metallic fastenings and supports. Every part of such awning shall be elevated at least seven feet at the lowest point thereof above the grade of the sidewalk, and the same shall not project over the sidewalk to exceed one-half the width thereof; and no such awning shall be constructed either wholly or in part of wood. Any person who shall erect any awning contrary to the provisions of this ortUnance, or who shall refuse or neglect to remove any awning not constructed or extending in accordance with the provisions hereof, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be subject to a fine not to exceed ten ($10) dollars for every such offense, and shall be liable to a further penalty of ten (SIO) dollars for each and every day thereafter that he permits such awning to remain. Provided, this orcUnance shall not apply to awnings heretofore erected by permission and authority of the city council, but the same shall be in nowise renewed, replaced or restored if the same shall, at any time, be destroyed, changed, taken down or removed. Brick uniformity. Section 86. All common brick hereafter used in the construc- tion of any building in the city of Omaha shall be of a uniform make and of the national size and shape, to wit : eight and one- fourth inches in length, four inches in width and two and one-fourth inches in thickness. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon con- viction thereof, shall be fined not less than five (S5) dollars or exceeding one hundred ($100) dollars for every such offense. Penalty. vSection 87. Any person violating any provision of this ordinance for which no penalty is specified shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten ($10) dollars nor more than one hundred ($100) dollars for each offense. Health Commisoner approve plans. Section 88. The drainage and plumbing of all buildings, both public and private, hereafter erected in the city of Omaha, shall be executed in accordance with plans previously approved in writing: bv the Health Commissioner. RF.VISKI) ()i;i)INAXCES. 173 Suital)le drawinus shall be submitted by the owner, agent or architect and placed on file with the Health Commissioner; the said Health Commissioner is also authorized to receive and place on file drawings and descriptions of the plumbing and drainage of build- ings erected prior to the passage of this ordinance. Penalty. Section 89. Any person violating any provision of the preceetling section shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than five (So) dollars, nor more than fifty ($50) dollars. Dangerous buildings. Section 90. Whenever any building or structure within the corporate limits of the city of Omaha shall in the opinion of the building inspector become dangerous, or whenever any building Avithin the fire limits of said city shall have been damaged by fire, decay or otherwise to the extent of 50 per cent of the value of a similai- new Iniilding above the foundation, it shall be the duty of the Iniilding inspector to report the condition of such Iniilding to the city council of said city. Notice to owner. Section 91. Whenever the condition of any such building shall have been so reported by the building inspector to the city council it shall be the duty of said city council to cause a notice to be served on the owner of said building or upon the agent of such owner to appear before said city council at a time and place to be fixed by such notice and show cause, if any, why such build- ing should not be condemned and be taken down or removed; Provided, however, that if such owner shall be a non-resident of the city of Omaha and shall not have a known representative in said city, such notice may be by publication for five daj^s prior to the time fixed for such hearing. Hearing on notice. Section 92. At the time and place designated in such notice the city council shall hear and consider any statement or showing which may be made by the building inspector tending to show that such building is dangerous or by reason of decay or otherwise is damaged to the extent herein provided and shall also hear and 174 REVISED ORDINANCES. consider the statements of the owner or any representative of said owner or any witness produced on behalf of such owner or representative, and after hearing and considering all such testi- mony shall determine and declare whether said building is danger- ous or has been damaged by fire, decay or otherwise to the extent of 50 per cent of the value of a similar new building above the foundation and shall enter its finding in that behalf upon the records of said council, and if said council shall find and determine that such building is dangerous or that the same has been damaged by fire, decay or otherwise to the extent of 50 per cent of the value of a similar new building above the foundation, then it shall be the duty of said council to order said building torn down and removed and the building inspector shall thereupon be au- thorized and recpiired, after notification to said owner or to the representative of said owner, as herein ijrovided, and the failure of such owner or representative to remove said building, to cause the same to be taken down and removed. Condemnation. Section 93. Whenever the city council shall condemn any building as herein provided it sahll be the duty of the building inspector forthwith to notify the owner of the building so con- demned or the representative of such owner to take down and remove the same, which notice shall be so served at least ten days prior to the time fixed for such owner to tear down and remove the same, and if such owner or representative of such owner shall fail, neglect or refuse to tear dowTi and remove said building at or before the time designated in said notice then it shall be the duty of the building inspector forthwith to tear down and remove the same and report the cost of so doing to the city council for the purpose of being assessed against the lot on Avhich said ])uilding was located. Penalty. Section 94. If the owner of any building, or any agent or representative of the owner of any building within the citj' of Omaha which has been condemned as herein provided shall fail, neglect or refuse to tear down the same at or ])efore the time designated in the notice herein provided, such failure, neglect or refusal .shall be deemed a misdemeanor, and upon conviction thereof such owner or representative shall be fined in any sum REVISED ORDINANCES. 175 not exceeding one hundred ($100) dollars, and each and every day said building is allowed to remain after the expiration of the time fixed by such notice shall be deemed a separate offense. Manufacture of gas. Section 95. It is hereby declared unlawful to erect any buildings or structures to be used for the manufacture of illumi- nating or fuel gas, or to remodel any existing building for such purpose, or to use any building for such purpose not actually in use for the same at the time of the passage of this ordinance at any place in the city of Oniaha, except upon the conditions in Section 97 of this chapter prescribed. Tanks. Section 96. It is hereby declared unlawful to erect any tanks, or to build any storage reservoirs, for the purpose of storing either illuminating or fuel gas, or to remodel any existing tank, reservoir, buildings or structure for such purpose, or to use any tank, reservoir, building or structure for such purpose not actually in use for the same at the time of the passage of this ordinance at any place in the city of Omaha, except upon the conditions in Section 97 of this chapter prescribed. Consent of property owners. Section 97. Before constructing any building or structure to be used for the manufacture of illuminating or fuel gas, and before erecting any tanks, storage reservoir or other recejitacles for the purpose of storing either illuminating or fuel gas, and before remodeling or using any building, structure, tanks or reservoir for such purpose, the party or parties desiring such privilege shall first obtain the written consent of all the property owners within a radius of one thousand feet of the proposed building, structure, tank or reesrvoir to be used for such purpose, and file such permission with the building inspector of the city of Omaha, and comply with all other ordinances, rules and regulations relating to buildings. Buildings in Streets or Alleys. >('(' .Misdemeanors, Sections V.) tine! (iO. Burglars' Tools. See Mis(!eineanf)r.s, Sec'tion '.). 176 RKVISKD ORDINAXCKS. CHAPTER XV. in- RON REED BEQUEST. An ordinance acceptinu' the devise and l)e(inest of Byron Reed to the city of Omaha. ' 117; erf as, Byron Reed, late of the county of Douglas, and state of Nebraska, did by his last will and testament, executed on the 4th day of June, 1891, and now deposited in the office of the county judge, of Douglas county, Nebraska, devise to Abram L. Reed, of the city of Omaha, a certain lot of land, in trust to be conveyed to the city of Onuilia, U])()n the i)erformance In- said city, of certain conditions in said will named, which said lot is described as follows: ''A lot of land at the southeast corner of Harney and Nineteenth streets, in the city of Omaha, and State of Nebraska, SS.5 feet front on Harney street by 93. S feet front on Nineteenth street; and Whereas, Said Byron Reed did also give and beciueath to the city of Omaha, by his said will, ui)on the performance of certain conditions in said will named, his ])rivate library of books, docu- ments, pamphlets, files of newspapers and other periodicals, manu- scripts, autographs and literary relics, together with his collection of coins, medals, paper money, bonds, drafts and currency, and the cases in which they are contained, and did direct that said land and library ami coin collection should he conveyed to the city of Omaha upon the perfomrance of the conditions in said will named, which said conditions, applying to each of the said becpiests. respectively, are expressed in the words and figures following, to- wit : "That said city erect a first-class fire-proof building thereon covering the whole of said lot and at least four stories high, suitable for a public library or art gallery. The erection of said building to be commenced within one year from the day this will is admitted to )3robate and to progress so far as to be under roof within two years after it is commenced. As soon as said building is inclosed the trustee above named is directed to execute and deliver to said city of Omaha a deed for said lot, conditioned that said premises shall ever be used for the benefit of the public as a public library and art gallery and for such other purposes as may be necessary or incidental thereto. The management of said institutions shall be conducted and directed by said city of Omaha, and shall be whollv in the interest and for the benefit of the public. KAAISKI) OIIDIXAXCKS. 177 ''111 case said lot of land with the conditions thereto attached as aforesaid be accepted by said city of Omaha (and not otherwise) and such acceptance be in writing- and filed with this will within one year from the day this will is admitted to probate, then I do hereby give and bequeath to said city of Omaha my })rivate library of books, documents, manuscripts, pamphlets, files of newspapers and other periodicals, autographs and literary relics, together with my collection of coins, medals, paper money, bonds, drafts and currency, and the cases in which they are contained. "This gift shall not take effect until the l)uil(ling above pro- vided for shall be fully completed and ready to receive the same, and in case the city of Omaha shall decline to accept the devise of said lot at the corner of Harney and Nineteenth streets, with the conditions thereto attached as aforesaid, then this gift of said horary and coin collection shall l)e void and of no effect. "In case the above conditions be complied with ])y the city of Omaha so that this gift is made effectual, then said library and coin collection shall be placed in said building and forever thereafter be used and displayed for the benefit of the public, under such rules and regulations as may be provided therefor by the city of Omaha, one of which shall be that no book or other article shall be taken outside the building by any person wishing to read or examine the same, and another rule shall be that for at least a portion of the time (if not all the time) the public shall l)e admitted free of charge to all the benefits of said library and coin collection under reasonable rules and regulations. "In selecting and delivering said librar}^ and coin collection, my executor is directed not to include any book or otiier property my executor is directed not to include any book or other literary property, a duplicate of which is at the time in the Omaha public library, and in selecting and delivering the collection of coins, medals and paper money, bonds, drafts and currency, he is not to deliver any duplicate pieces that have no numismatic value. "My said executor knowing my wishes in this matter, is constituted the sole judge as to what pieces and articles to deliver, and what to retain, under this, the sixth clause of my will." And Whereas, To further assure to the city of Omaha the benefits and advantages to the devise and bequest of the saitl Hyron Reed, as hereinbefore recited Mary Melissa Reed, widow of the said Byron Reed, Abraham L. Reed, unmarried, and Maria Johnson and Frank B. Johnson, husband and wife, all of the citv of Omaha, 178 REVISED ORDINANCES. Douglas county, state of Nebraska, sole heirs at law of said Byron Reed, deceased, on the 20th day of June, 1891, executed and delivered to Abraham L, Reed, trustee, a certain conveyance of the premises devised and the property bequeathed to said city of Omaha, as hereinbefore stated, to be conveyed by the said Abraham L. Reed, as trustee, held and disposed of upon the terms and conditions specified in the said last will and testament of the said Byron Reed, which said conveyance is now in full force and effect; and Whereas, The said city of Omaha, on the 3d day of November, 1891, upon due and lawful proceedings, to that end and purpose, at an election that daj^ held, was authorized by the voters of the city of Omaha, in said county of Douglas, in the state of Nebraska, to issue the coupon bonds of said city, in the sum of one hundred thousand ($100,000) dollars, for the purpose of erecting a public library building upon the premises described, at the southeast corner of .Harney and Nineteenth streets, and in performance of the conditions of the will of said Byron Reed; and Whereas, It is believed to be to the benefit and advantage of the said city of Omaha and its citizens to accept said devise and bequest; therefore, Be it ordained by the city council of the city of Omaha: Section 1. That the devise and bequest of Byron Reed, late of the county of Douglas, state of Nebraska, made bj^ his last will and testament, executed on the 4th day of June, 1891, to Abra- ham L. Reed, of a certain lot of land on the southeast corner of Harney and Nineteenth streets, in the city of Omaha, as set forth in said last will and testament, executed on the 4th day of June, 1891, and now on file in the office of the county judge of Douglas county, and as hereinbefore recited, in the preamble to this ordi- nance, be and the same is hereby accepted by the said city of Omaha upon the terms and conditions therein expressed and hereinbefore in the preamble to this ordinance fully set forth. Section 2. This ordinance shall take effect and be in force from and after its passage. rp:vised ordinances. 179 Additional Cemeteries. CHAPTER XVI. CEMETERIES. Section 1. It is hereby declared to be unlawful for any person or persons, association, corporation or otherwise, to es- tablish, lay out, provide or prepare, within the limits of the city of Omaha, cemeteries for the burial of the dead, additional to such as are or may now be in existence therein, or to enlarge, add to, or increase the limits or boundaries of any cemetery, space, ground or burial place for the dead now laid out, prepared, or set aside, and intended for such purpose. Unlawful use of. Section 2. It is hereby declared to be unlawful to sell, give away, lease, grant, or otherwise dispose of lots, plats, parks, or pieces of ground so laid out, established or prepared, as in Section 1 of this chapter set forth, or to cause, procure, take part in, authorize or allow the interment of the dead therein. Penalty. Section 3. Any person or persons, association or corpora- tion or otherwise, violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, any person or persons so offending, and in case of associa- tion or corporation, the duly elected and existing officers thereof, shall be fined in a sum not less than twenty ($20) dollars nor more than one hundred (SlOO) dollars for each and every viola- tion or offense herein designated and set forth. ISO RKVISKI) ORDIXANOKS. CHAPTER XVn. CIRCUSES. THEATRES AND SHOWS. License. Section 1. It shall be unlawful foi' any i)erson. either as owner, manager, agent, employe or performer, to open, carry on, exhibit or to take part in any circus or menagerie, or circus and menagerie combined, or wild west show or any side show connected therewith, unless a license for such circus or menagerie, circus and menagerie combined, wild west show oi- side show, has been first secured and the license fee hereinafter provided shall have been paid into the city clerk of the city of Onuiha. License fee. Section 2. All circuses, with or without nuMiagerie and side show, charging fifty (50 cts.) cents admission for every adult person attending said circus, shall pay the sum of three hundred ($300) dollars as a license fee for the first day's exhibit and one hundred and fifty ($150) dollars for every successive day after said first day. Fee. Section 3. All circuses, with or without menagerie and side shows, charging less than fifty (50 cts.) cents and not less than twenty-five (25 cts.) cents admission for every adult person at- tending said circus, shall pay as a license fee the sum of one hundred and fifty ($L50) dollars for the first day's exhibition, and the sum of seventy-five ($75) dollars for each successive day after said first day. Fee. Section 4. All circuses, with or without menagerie or side shows, charging less than twenty-five (25 cts.) cents admission for each adult person attending said circus shall pay a license fee in the sum of twenty- five ($25) dollars for each and every day said circus shall i)erform and exhil)it in this city. Dog and pony show — Fee. Section 5. It shall be unlawful for any j^erson. either as owner, manager, agent or employe, to open, carry on, or exhibit HKVI^KD ()KI)i;\AX( KS. 181 any doo- or pony show or performance of learned or skilled animals unless the license fee for said performance shall have been paid into the city clerk of the city of Omaha, and a hcense therefor shall have been procured as hereinafter provided. All such shows charging twenty-five (25 cts.) cents or more for every adult person attending shall pay a license fee in the sum of twenty ($20) dollars for each day's exhibit. All such shows charging less than twenty- five (25 -cts.) cents admission for each adult person attending, shall pay as a license fee the sum of ten ($10) dollars for each day's exhibition. Various shows — Fees. Section 6. It shall be unlawful for any person, either as owner, manager, agent or employe, to open, carry on, or exhibit any of the hereinafter named shows or exhibitions unless a license fee in the sum hereinafter provided has been paid to the city clerk. Each and every tight or slack rope performance in the open air, from house to house, or on any open lot or over and across the street, the sum of ten ($10) dollars, for every twenty-four hours; every negro minstrel performance or Uncle Tom's Cabin Show, the sum of twenty ($20) dollars, for each twenty-four hours; every exhibit of natural curiosity, freak of nature or learned or skilled animals, including organ grinders accompanied by monkeys, the sum of five ($5) dollars for every twenty-four hours, provided that when any such show or exhibition is had or given in any licensed hall or building, no hcense shall be required. Chief of Police, duties of. Section 7. It shall be the duty of the chief of police or captain of the poHce to be present at every exhibition of every circus or menagerie and to see that the provisions of this ordinance are strictly enforced. Receipt. Section 8. When the owner, manager or agent of any of the shows hereinbefore mentioned, pays the license fee herein- before provided for to the city clerk and presents the approval of the hcense inspector, to the city clerk, the said city clerk shall issue a Hcense to said circus or other show to exhibit in said city of Omaha, which said license shall state the amount paid, the kind and character of show, place of performance and the length 182 REVISED ORDINANCES. of time and dates upon which said circus or other show is entitled to exhibit in said city. Every such hcense shall have the seal of the city attached and be attested by the city clerk and registered in the license register. Tickets limited. Section 9. It shall be unlawful for any person or persons to sell or in any manner dispose of passes or tickets of admission of any description for any circus or other show or exhibition hereinbefore described within the city of Omaha, to or for a greater number of persons than the hall, tent or other place of exhibition will conveniently or safely accommodate with seats constructed in a safe manner, or to admit any person or persons to such tent or other place of exhibition after all the seats therein have been filled. License — Theatres. Section 10. Every hall or building to be used as a theatre or other place of public amusement shall pay a license fee into the city clerk in amount as follows: Those having a seating capacitj^ of twelve hundred or more, an annual license of one hundred and fifty ($150) dollars, and those having a seating capacity of less than twelve hundred per- sons, the sum of seventy-five ($75) dollars per year. Good order. vSection 11. Any person or persons licensed under this ordi- nance shall keep and maintain good order in and about his place of exhibition or amusement, and shall conduct the same in a decent, decorous and proper manner. In case of the conviction of any person or failure to so conduct said exhibition or amusement, or whenever the mayor is satisfied that any exhibition or amusement is not being conducted as herein provided, the mayor may suspend or revoke the license of the person or persons so violating this ordinance. Penalty. Section 12. Any person who shall, as owner, manager or agent, conduct or manage any exhibition or performance or public place of amusement herein mentioned or referred to before ob- taining a license therefore, or after such license shall have expired REVISED ORDINANCES. 183 or have been revoked, or during any suspension of such license, and any person who shall do any act in violation of the provisions of this chapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred ($100) dollars and not less than five ($5) dollars for each and every offense. Exceptions. Section 13. This chapter shall not apply to entertainments or shows given by churches, fraternal organizations or charitable institutions, but in case of such entertainments or shows the mayor may grant permit without payment of any license fee. Neither shall this chapter apply to street parades, and the mayor of the city of Omaha is hereby authorized and empowered to permit street parades. Mayor's duties. Section 14. The mayor is hereby authorized to sign pre- hminary contracts relating to the exhibition of any of said shows not inconsistent with this chapter. Chattel Loan Brokers. See Pawnln-okesr and Chattel Loan Brokers. Chief of Police, Furnish Notices to Vendors of Fruit. See Misdemeanors, Section 25. Chief of Police, Report Bagatelle Tables to City Council. See Misdemeanors, Section 91. Cigarettes, Sale of. See Misdemeanors, Section 96. Circulars, Dodgers, Unlawful Distribution of. See Misdemeanors, Section 92. 184 . rj:viski) ordixancks. CHAPTER XVIII. CITY ABSTRACTER. Section 1. That the office of City Abstracter and title exam- iner be and is hereby created. Section 2. That said office shall be filled by appointment by the mayor, and said appointment shall be confirmed by the city council. Section 3. It shall be the duty of said officer to compile all abstracts of title to property owned by the said city when the same shall be required; to certify the record ownership of all parties petitioning for public improvements; to do all abstract work and make all examinations of titles and records necessary and required by the various departments of the city government and to do such toher abstract work as shall be required by the mayor and city council. Section 4. The compensation for the service of such officer shall be and is hereby fixed at fifteen hundred ($1,500) dollars per annum, payable monthly. JCEVISKD ORDINANCES, 185 CHAPTER XIX. CITY CLERK. City Clerk, Notify Railroads to Locate Arc Light at Street Intersections. See Streets, Sec-tiou 20. Duty. Section 1. It shall be the duty of the city clerk to attend all meetings of the city council and keep a correct record of the pro- ceedings thereof, and after each meeting and before the next regidar meeting thereafter, make a full, true and complete journal of such proceedings in proper books provided for that purpose, with such marginal references in red ink as will indicate the nature of the record or the action of the council. Additional duties. Section 2. It shall also be the duty of the city clerk to present for the consideration and action of the city council, all petitions and communications placed in his custody for such purpose, and to submit to the mayor for his action thereon, all ordinances or resolutions requiring his approval, within forty-eight hours after the passage or adojDtion thereof. Custody of seal — Attestation — Fees. Section 3. The city clerk shall have the custody of the city seal, the records of the city council, and of all ordinances and reso- lutions passed or adopted by the city council, and of all such papers and documents as are not required to be deposited with any other officers. He shall carefully keep and preserve all books, reports, resolutions, ordinances, petitions, communications and other papers which may come into his possession as clerk, fifing and arranging them in a manner convenient for reference. He shall attest by his signature as city clerk and the seal of the city, all public instruments or official acts of the mayor, whenever requested so to do, and he shall also certify under his official hand and the seal of the city, all copies of such original documents, records or proceedings in his office as may be required by any person, upon payment by the person requiring the same for the use of the city, 186 RK VIS !■; I) OHni NANCES. of the following fees, to- wit: ten cents per hundred words and twenty-five cents additional for each certificate. Notice of special meetings— Committees. Section 4. The mayor or any five councilmen may call a special meeting of the city council in the manner provided by the act incorporating metropolitan cities. It shall also be the duty of the city clerk to notify the several committees of the council of the business referred to them, and promptly deliver to the chairman of each of said committees, such papers, or copies thereof, as may be required for the efficient trans action and disposal of such business. Record of licenses. Section 5. It shall be the duty of the city clerk to keep a record of all licenses issued or granted by the city, and from time to time, or as often as may be required, furnish to the mayor or chief of police, a statement of all licenses in force. Additional duties— Deputy.ip^#i#^:f^ ^ % Section 6. The city clerk shall perform such other duties as the city council may by resolution require. In the absence of the city clerk, the deputy city clerk to be designated as such deputy by the city clerk shall perform the duties or any thereof, herein required of the city clerk. City Engineer, Supervise Work on Streets by Private Persons or Companies. See Street Railways, Sections 12 and 14. CHAPTER XX. CITY COUNCIL. Meetings of. Section 1. The regular meetings of the city council shall be on Tuesday of each week, commencing at the hour of 8 o'clock p. m. REVIiSKD ORDINANCES. 187 CHAPTER XXI. CITY PHYSICIAN. Section 1. In all cases where a member of the fire or police department has been injured, while engaged in the discharge of the duties of his position, it shall be the duty of the city physician, upon the request of the person injured, or of any member of his family, or when directed so to do by the mayor, to attend and treat, professionally, such injured person, and to render him all necessary medical and surgical aid, such services to be rendered or performed by the city physician, without charge to the city, or to the person injured, or the person or persons requesting or directing him to perform the same. City Treasurer, Daily Deposit of Funds. See Comptroller, Section 5. CHAPTER XXII. CLAIM AGENT, CITY. Section 1. That the office of City claim agent be and is hereby created. Section 2. That said office shall be filled by appointment by the mayor, and said appointment shall be confirmed by the city council. Section 3. It shall be the duty of said officer to investigate all claims for damages or otherwise against the City of Omaha, to look after and preserve the records of the evidence in each case and to do all other work in reference to the preparation of cases on behalf of the city as may be required by the city attorney, and to do such other work as shall be required by the mayor and city council. Section 4. The compensation for the services of such officer shall be and hereby is fixed at one thousand two hundred ($1,200) dollars per annum, payable monthly. Claims Against City, Tax Set Off Against. Sec Ta.xes. If^S RKYISKl) OKDIXAXCKS. CHAPTER XXIII. License. COAL AND COAL DEALERS. Section 1. No person, firm or corporation shall hereafter engage in the business of selling coal or coke in the city of Omaha, without having first paid the license fee hereinafter provided, and complying with the other requirements of this chapter. Fee. Section 2. Every person, firm' or corporation now or here- after engaged in the business of selling coal or coke in the city of Omaha shall make annual payment, at the office of the city clerk, of the sum of twenty ($20) dollars. The said payment to the city clerk shall entitle the person, firm or corporation making the payment to receive a license for the selfing of coal and coke in the city of Omaha, for the then current year or part thereof; said year to be reckoned from January 1 to December 3L Said hcense shall state briefly and concisely the purpose and time for which issued, and be signed by the city clerk, and bear the seal of the city impressed thereon. Provided, Said Hcense may, at any time after the issuance thereof, be revoked, or canceled and annulled by the mayor and city council, upon conviction of the person, firm or corporation to whom the same Avas issued, of any of the ofTenses hereinafter named in this chapter. Provided, Also, that said license shall cover only the business office of the licensee, and in addition thereto, only one yard office, and that an additional hcense shall be required for each additional yard or business office. Certificate of weight. Section 3. Every person, firm or corporation engaged in the business of selhng coal or coke in the city of Omaha, to be defivered by wagon, shall deliver or cause to be delivered to every purchaser of coal or coke, or his agent, at the time of delivery and before unloading any portion thereof, a certificate showing the exact weight of the coal or coke so delivered. Provided, that upon the request of the purchaser at the time of weighing said coal or coke and the payment of ten cents to cover the legal weighing fee, the KKVISi:i) OKDIXANCES. 189 dealer shall cause said coal or coke to be weighed before dehvery, by the city weigher, and a certificate of said weight shall be de- livered to the purchaser at the time of the delivery of said coal or coke. Re-weighing. Section 4. Every purchaser of coal or coke shall have the right, before receiving or accepting same at the place of dehvery, to require of the seller of said coal or coke, his employe or servant, that the same be weighed by a city weigher, and if, upon such re-weighing, the weight thereof is found to be equal to or greater than the weight stated in the certificate required to be issued by section 3 of this ordinance, then the purchaser shall pay the ex- pense of such re-weighing;but in case the weight of such coal or coke shall be found to be less than the amount so stated, then the expense of such re-weighing sjiall be paid by the seller thereof. Providecl such expense shall be and include the legal fee for weigh- ing, and a cartage fee of twenty-five cents for each ton or fraction thereof. Name on Wagon. Section 5. It shall be the duty of every person, firm or cor- poration deahng in coal or coke to cause the name or style of such person, firm or corporation to be conspicuously displayed upon every wagon or other vehicle employed by such person, firm or corporation in delivering coal or coke within the city of Omaha while so employed. Powers, City Inspectors. Section 6. It shall be the duty of the inspector of weights and measures or the license inspector to secure and supervise the re-weighing of any tons or parts of tons of coal or coke found by them in transit on loaded wagons or other vehicles for delivery in the city of Omaha. The said inspectors, or either of them, are hereby authorized and empowered to require the drivers or other persons in charge of such tons or parts of tons of coal or coke to submit the same to such re-weighing, and such re- weighing shall be done by a city weigher. The said license inspector or inspector of weights and measures shall cause the re- weighing of deliveries of coal or coke of the respective dealers in the ratio, as nearly as can be, which the total number of deliveries made by such dealer 190 REVISED ORDINANCES. bears to the total number of deliveries made by all the dealers; Provided, they shall cause the re- weighing of at least one dehvery of each dealer each week. Records. Section 7. It shall also be the duty of said inspectors to keep a record of all re- weighing done b}' their or either of their direction in a book provided for that purpose by the city. This record shall consist of a certificate made in duplicate, and substantialh^ in the following form: (FORM OF CERTIFICATE.) City of Omaha, Office of Coal Weight Inspector 19 Certificate of re-weighing at Seller Official Weight. Purchaser .Gross Address Tare Contents Net Seller's weight Signed Ticket No City Weigher. Re- weighed in my presence and found correct, Inspector of Weights and Measures. Said certificate shall show the names of the seller and pur- chaser, the contents of the wagon or other vehicle, the number of the seller's ticket and the weight shown by same; also the date and place of re-weighing and the actual gross, tare and net weights, as ascertained by the city weigher on re-weighing the coal or coke. Said certificate shall be signed b}- said cit}^ weigher and attested by the signature of the inspector of weights and measures or the license inspector. The duplicate shall be delivered to the teamster in charge of the load of coal or coke re weighed, and the original shall be retained by the inspector until the end of the month, when it shall be turned in with his monthly report to the comptroller. . In case of a difference greater than thirty pounds between the weights shown by the seller's ticket and the weight ascertained by re-weighing, the inspector shall mail to the purchaser, no later than the day following the reweighing of the load of coal or coke in question, a copy of the certificate of re- weighing; and for all purposes of accounting between the parties to the sale, the re- IlEVISED ORDI^'A^X•I^S. 191 weight shown by the inspector's certificate, or the copy aforesaid, shall be taken and deemed to be the actual weight. It shall be the further duty of said inspectors, at the close of each calendar month, to make a full report in writing, to the comptroller, of all re-weighing ordered and supervised by them or either of them during the month; which report shall be a tabu- lated statement of the matters shown by the original certificates, which shall accompany said report, arranged in the order of their dates. It shall be the duty of all city weighers to re- weigh aU coal or coke at the request of the inspector of weights and measures or the license inspector, free of charge, and^to make the proper record of said re-weighing in a book provided by the city for that purpose. Underweight — Penalty. Section 8. It is hereby declared to be unlawful and a mis- demeanor for any person, firm or corporation, or officer or agent thereof, to sell, furnish or deliver, or cause to be sold, furnished or delivered to any purchaser a less quantity of coal or coke than the weight stated in the certificate accompanying the same. Provided, that thirty pounds shall be allowed as variation between the scales. Any failure or neglect on the part of the inspector of weights and measures or the license inspector to perform the duties herein set forth, or any of them, or any connivance or collusion on their part, whereby the objects sought to be obtained by the system of reweighing herein provided may be frustrated, or any neglect or refusal on the part of any person, firm or corporation dealing in coal or coke, or their employes, or any cit}^ weigher, to comply with the proper requirements of the inspector of weights and measures or the license inspector, or any interference or obstruc- tion to the performance of the duties in this chapter set forth, or any of them, by any person or persons whomsoever, or any failure to comply with the requirements of this chapter or any of them, shall be deemed a misdemeanor. Any person, firm or corporation, upon conviction, shall be fined not less than five ($5) dollars or more than one hundred ($100) dollars. Coasting. See Misdcincanors, Section .'^O. 102 REV1.sk D ORDINANCES. CHAPTER XXIV. License to keep. COMBUSTIBLES. Section 1. No person shall, within the limits of the city of Omaha, keep on hand for sale, gunpowder in any quantity, with- out having- a license so to do, such license to be issued in the usual manner, on the payment of a yearly license tax of five ($5) dollars. Fire-proof magazines. Section 2. No person, other than retailers of gunpowder, shall keep or store gunpowder, exceeding in amount of five pounds, in any store, warehouse or other place within the corporate limits of this city, unless the same is stored in a fire-proof magazine, the location of which shall have been approved by the mayor and the chief engineer of the fire department. Amount to be kept. Section 3. No retailer of gunpowder shall keep or store any quantity thereof to exceed twenty-five pounds weight in any store, shop or other place within this city, except in a magazine as aforesaid; and when less than twenty-five pounds are kept on hand, the same shall be kept in good tin, copper or zinc canisters, to be kept securely closed, except when in use, such canisters to contain not more than five pounds each. He shall keep a sign over the front door of the store in which gunpowder is kept, with the word "Gunpowder" painted thereon in plain letters. No person shall sell or in any manner dispose of or handle gunpowder in a loose state, except during daylight. Carrying through streets. Section 4. No person shall carry or convey through the streets, any quanity of gun powder exceeding one pound in weight unless the same is fully secured in tight kegs or cases so as to prevent such powder from being spilled or scattered. Penalty. Section 5. If any person violates any of the foregoing pro- visions of this chapter, such person shall, on conviction thereof, be fined in any sum not less than five ($5) dollars, nor more than Ki;\lSKT) ORDINANCK.N. 193 one hundred ($100) dollars, and may also be imprisoned not to exceed one month. Chief of Police to search. Section 6. Whenever any resident householder shall make a complaint in writing to the chief of pohce or mayor, that he has reason to and does verily beheve, that gunpowder is being kept in any place in this city contrary to the provisions of this chapter, the chief of pohce shall make a thorough search and examination of such premises, and if any gunpowder is found therein contrary to the foregoing provisions, the chief of pohce shall prosecute the person or persons guilty of so keeping the same. Hay, straw, shavings, etc. Section 7. It shall be unlaw^ful for any person or persons to keep, store, pile, erect, maintain, or permit upon any premises owned, occupied by, or under control of him or them, any inflam- mable or combustible material such as hay, straw, shavings, rags, wool, lumber, or other substance, in such a manner as to endanger the safety of any luiilding or structure within said city. Notification — Refusal. Section S. It shall be the duty of the chief engineer of the fire department to notify any person or persons, who shall violate any of the foregoing provisions, to remove or dispose of such com- bustible or inflammable material in such a manner that the same will not endanger the safety of any building or structure; and any person or persons who shall for the space of forty-eight hours after such notice permit such combustible material to remain upon premises owned, occupied by or under his, her or their control, in such manner as to be dangerous to the safety of any adjacent building or structure, shall, upon conviction thereof be fined in any sum, not more than thirty (S30) dollars, nor less than ten ($10) dollars, or be imprisoned not to exceed ten days, and shall be deemed guilty of a like offense and subject to a like fine for each twenty-four hours that svu-h combustible or inflammable material is permitted to remain upon such premises so as to endanger the safety of adjoining buildings or structures as aforesaid. 194 REVISED ORDINANCES. Coal Oil and products. Section 9. It shall be unlawful for any person, partnership or corporation to store or keep for sale or keep any coal oil or other product of petroleum in front of any building or on any street, alley, lot or sidewalk within the corporate limits of the city of Omaha for any longer time, not to exceed six (6) hours, than is sufficient to receive in store or to deliver the same. Quantities. Section 10. It shall be unlawful for any person, partnership or corporation to store or keep within the corporate limits of the city of Omaha any coal oil or other product of ]3etroleum in quan- tities exceeding ten (10) gallons of each of said products unless the same be stored or kept in quantities not exceeding one barrel of Hity (50) gallons of each of said articles in a cellar, the floor of which shall be at least five (5) feet below the grade of the adjacent street, or unless the same be stored or kept in manner and form as hereinafter provided. Warehouses. Section 11. Any person, partnership, or corporation OMaiing or possessing within the city a fire-proof warehouse detached and clear of other buildings and at least fifty (50) feet distant and exclusively used for the storage of coal oil and other products of petroleum, and properly ventilated for that purpose, having be- neath its ground floor an open space or cellar three feet or more in depth below the surface of the adjacent ground, may apply to the city council of this city for a permit to use said warehouse exclusively for said purpose; and if the city council with the consent of the mayor shall grant such permit, then said warehouse may be used for the keeping and storage of said articles so long as said permit shall remain in force; Provided, Said warehouse shall be used for no other purpose whatever than said storage purpose; Provided, further. That no such permit shall be granted for the keeping or storage of any of said articles wdthin the fire limits of the city of Omaha. Tanks, location of. Section 12. Any person, partnership, or corporation having or constructing or being about to construct within the city of Omaha and outside of the fire limits tfiereof tanks to be exclusively REVISKD ORDINANCES. 195 for keeping and storing coal oil and other products of petroleum may apply to the city council of this city for a permit to construct and use said tanks exclusively for said purpose, giving in said application a detailed description of the ground upon which such tanks are or are proposed to be located; and if the city council with the approval of the mayor shall grant such permit, then said tanks may be constructed and used for said purpose; Provided, Said tanks shall be fire-proof and constructed exclusively of tank iron; provided that said tanks and the maintenance and use thereof shall be subject to all rules, regulations and ordinances appUcable thereto heretofore in force or which may be hereafter prescribed by ordinance or concurrent resolution of the city council. Penalty. Section 13. Any person, partnership or corporation violating any of the provisions of sections 9, 10, 11, 12 of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five ($5) nor more than one hundred ($100) dollars, and the keeping or storing of the articles herein mentioned contrary to the provisions of this chapter shall be held and deemed to be a nuisance and may be abated as such. Commissioner of Health, Supervisor Dog Pound. See Animals, Section 28. 196 RKVISKD OR DI X AX CK;: CHAPTER XXV. COMPTROLLER AND TREASURER. General accountant of city — Duties. Section L The comptroller shall act as the general account- ant of the cit}'. and it shall be his duty under the direction of the mayor and city council, to keep a complete set of books, wherein shall be stated, among other things, the amount of the appropri- ation that has been made, or the fund that has been created for each distinct object of expenditure, and the amount that has been expended on account of such appropriation or fund. He shall also keep full, clear, correct and separate accounts or all the rev- enues, funds and incomes payable into the city treasury, and of all disbursements on account thereof. He shall also keep accurate and separate accounts between the city and the officers of the city, and between the city and all contractors or other persons doing work or furnishing material for the city. He shall also keep a regular and accurate account of debit and credit with the city treasurer, charging said treasurer with the amount of taxes levied on the assessment roll and giving him credit for all dupli- cate receipts furnished with his statements, and keep an account in like manner with said treasurer whenever assessments and ap- propriations are matle and expenditures ordered for any special object. He shall also carefully examine and check the annual report of the city treasurer, and communicate to the city council as soon thereafter as practicable, theVesult of such examination, and he shall also carefully examine each month the account, state- ment and vouchers required by law to be rendered at the end of each month by the city treasurer, making from time to time such report to the city council concerning such accounts and statements as may seem necessary and proper. He shall also keep a record of the bonds issued by the city, and shall see that all bonds, upon payment thereof, are jn'operly canceled and destroyed. Additional duties. Section 2. Whenever the appropriation for any specific ob- ject has been wholly expended, or the amounts for which warrants upon any fund may lawfully be issued has been reached, it shall . be the duty of the comptroller immediately to conununicate such REVISKU OKDINAXCES. 197 fact to the city council; and whenever requested, he shall furnish to the city council or to any city official, information upon any subject connected with his office, and submit each month to the city council a statement showing the condition of the several funds of the city; and at the close of each fiscal year he shall submit to the city council a full statement of all receipts and expenditures of such year, giving in detail the amount of the appropriation and of the expenditure for each specific oljject, the receipts from each source of income, the amount of bonded and other indebtedness, the reduction or increase in the city debt, and the changes, if any, of the funds of the city. He shall also, each year, in time for the annual levy, furnish to the city council an estimate of the amount of money which it will be necessary to raise to meet the expend- itures for the ensuing year, giving under each of the respective heads of appropriation, a detailed account or statement of the purpose f(u- which the appropriation is needed. Appropriation ordinance — Accounts and claims. Section 3. It shall also be the duty of the comptroller to prepare and present to the city council, at the first meeting of the council in each month, and at such other times as may be required, all ordinances necessary and proper for the purpose of appropri- ating money for paying the liabilities of the city; and it shall be the duty of the comptroller to examine in detail all claims, bills and accounts against the city, and if found to be correct, to audit the same, subject to the approval of the mayor and city council; and upon approving any such claim, bill or account, and the same being approved by the appropriate committee of the council, the comptroller shall include such claim, bill or account in the next appropriation. Provided, there remains in the city treasury fimds necessary for that purpose. Record of property — Rents. Sectioii 4. It shall also be the duty of the comptroller to keep a record of the real and personal propert}'^ of the city, and to see that all rents and profits of all lots or parcels of real estate be- longing to the city are proriiptly collected. Funds of city — Deposit of. Section 5. It is hereby made the duty of the city treasurer of the city of Omaha, before 10.30 o'clock a. m. of each day, when 198 BKVISED ORDINANCES. his office shall be open for the payment of taxes or receiving rev- enues, to deposit in the bank or banks having contracts with the city for the depositing of funds of the city, all public moneys or revenues of the city received by him, his deputies or assistants, during the previous day, except such sums as ma}- be necessary for change and ordinary cash payments, and to have properly and correctly entered in the proper bank or deposit books the amount of such deposits, together with all items of interest allowed thereon, filing dviplicate carbon deposit slip with the city comptroller, pro- perly stamped by the depository bank, and whenever the receipts of any day, subsequent to 10.30 a. m. and prior to 2 p. m. are in excess of twenty-five hundred dollars ($2,500.00) it shall be his duty, in like manner, to make a second deposit of all funds avail- able for that purpose. Loan prohibited. Section 6. The city treasurer is hereby prohibited from ad- vancing or loaning to any official of the city, or any employe of the city, or any contractor or other person, any pay, salary, or part of pay or salary, or to otherwise, in any manner, pay out any of the funds of the city except as expressly authorized by law or the ordinances of the city or concurrent resolution of the mayor and council. Any violation of any provision or requirement of this section shall subject the city treasurer to immediate removal from office. Funds — How drawn. Section 7. That no money or funds of the city shall be drawn from any bank depository except by check of the city treasurer, countersigned by the city comptroller, who shall at once charge the city treasurer therewith, and the stub of such check book shall show the date, the amount, the number of check and the purpose for which drawn. All banks or depositories having city funds on deposit are hereby prohibited from paying any check not pro- perly signed by the city treasurer and countersigned by the city comptroller. The city treasurer and city comptroller are hereby authorized, when any outstanding obligations of the city for prin- cipal or interest are about to become due in New York, and the proper funds are available for the purpose of paying the same, to draw checks covering such obligations, said checks to show upon their face the purpose for which drawn, and to be made payable REVISED ORDINANCES. 199 to the order of the bank at which drafts are proposed to be ob- tained, such drafts to be made payable to the order of the fiscal agency, bank or person to whom such outstanding obligations are payable. Depositories — Duty of. Section 8. It is herel3v made the duty of the city depositories to transmit to the city comptroller, at the close of each month, an itemized statement of the account with the city treasurer for the previous month. Comptroller to check accounts. Section 9. It is hereby made the duty of the city comptroller to check the books of the city treasurer monthly, and at such other times as may be necessary, and to count the cash and verify bank balances each month and also at such times as he may deem best, mthout notice, at least four times each year, and to report the result of such investigation to the city council. Receipts. Section 10. All blank receipts used in the office of the city treasurer shall be furnished by the comptroller, and all receipts of each class shall be consecutively numbered, and when issued shall show upon their face the correct date and amount thereof and the purpose for which issued, and when the same include interest, the amount and rate thereof, together with such other information as will enable the proper checking of the item or items covered by said receipt, without reference to the tax books or other records. It shall be the duty of the city comptroller to keep an accurate record of all blank receipts furnished to the city treasurer, together with the numbers thereof, and it is hereby made a misdemeanor for the city treasurer to use any blank receipt ex- cept such as are furnished for the use of his office by the comp- troller. Daily statement. Section 11. The city treasurer shall furnish to the com- troller a daily statement of all disbursements or payments of the preceding day, and showing all receipts issued the- preceding day, with the number and amounts of such receipts, together with carbon copies thereof, and in case of any original receipt being 200 REVISED ORDINANCES. spoiled and not issued, such orioinal receipt shall accompany such statement. Refunds. Section 12. The city treasurer is hereby prohibited from making any refunds for taxes or other purposes, except by war- rant duly passed by the city council. Taxes — Cancellation of. Section 13. The comptroller is hereby required, and it is made his duty, to give the treasurer of the city of Omaha credit upon the books of the comptroller's office for any taxes or assess- ments cancelled in whole or in part, in all cases where directed by concurrent resolution of the mayor and city council so to do. Comptroller, Duties of. See Market and Market Houses, Section 7. Comptroller, Purchase Supplies. See Supplies, Section 1. Concealed Weapons. See Misdemeanors. Section 10. REVISED ORDINANCES. 201 CHAPTER XXVI. CORPORATE LIMITS. Section 1. The corporate limits of the City of Omaha are hereby fixed and determined as follows, to- wit: Commencing seven hundred sixty-two and three-tenths (762 3-10) feet north of the northeast corner of section thirty-four (34), township sixteen (16), north of range thirteen (13), east of the sixth principal meridian in Douglas County, State of Neb- raska; thence south on the section hne to a point three hundred and fifty-eight (358) feet south of the northeast corner of the south- east quarter of section three (3), township fifteen (15), north of range thirteen (13), east of the sixth principal meridian; thence following the boundary line between Nebraska and Iowa south eighteen (18) degrees one (1) minute west one thousand twelve and eight- tenths (1,012 8-10) feet; thence south eleven (11) de- grees twenty-nine (29) minutes west one thousand three hundred sixty-five and four tenths (1,365 4-10) feet to the line between sections three (3), and ten (10), township fifteen (15), north of range thirteen (13), east of the sixth principal meridian; thence south six. minutes east two thousand six hundred forty-three and seven-tenths (2,643 7-10) feet; thence south nine (9) degrees fifty- eight (58) minutes east one thousand three hundred forty one and one-half (1,34U) feet; thence south forty-six (46) degrees forty- eight (48) minutes east to the channel of the Missouri river; thence down the channel of the Missouri river to the intersection of the township line between township fifteen (15) 'and township fourteen (14) produced with, said channel; thence west on township line to the intersection of the east line of Park Forest Addition with said township line; thence north forty-five (45) degrees west along the Hne of Park Forest Addition to the south east corner of block twelve (12) in said Addition; thence south forty-five (45) degrees west three hundred four and eight-tenths (304 8-10) feet to southwest corner of block twelve (12) in said Addition, thence north forty- five (45) degrees west three hundred and sixteen (316) feet, to 8. W. corner of lilock 11 said Addition; thence south forty-five (45) degrees west three hundred and sixteen (316) feet along the north line of Blaine street, to S. W. corner of block 10, said Addition.; thence north forty-five (45) degrees west forty-three (43) feet more 202 REVISED ORDINANCES. or less to the township Hne; thence west on the township line eight hundred sixty-seven and nine-tenths (867 9-10) feet to the inter- section of the southwest boundary line of tax lot thirty-one (31), section thirty-four, township fifteen, range thirteen (34-15-13) with said township line; thence north forty-five (45) degrees west three thousand, two hundred seventy-three and six-tenths (3,273 6-10) feet; thence north eighty-five (85) degrees west six hundred and eighty-one (681) feet; thence north eighty (80) degrees and forty- five minutes west to the center of Lamont street; thence wester- ly along the center line of Lamont street to the east line of Twenty- sixth (26th) street; thence north seventy-seven and six-tenths (77 6-10) feet to the south line of tax lot 14, section thirty- three, township 15, range thirteen (tax lot fourteen, section 33, township fifteen, range 13); thence north eighty (80) degrees and thirty minutes west along the south line of tax lots fourteen (14) and fifteen (15), in section thirty- three (33)-fifteen (15)-thirteen (13), to the west line of the Union Pacific Railway's right of way; thence southwesterly along said right of way to its intersection with the center hne of Grover street, thence westerly along the center line of Grover street to the center line of Thirty-seventh (37th) street; thence north on the center line of Thirty-seventh street to the east and west one quarter section hne between sections thirty-two (32) and thirty-three (33) ; thence west along said quarter section line to the center of section thirty-two (32) T. fifteen (15), N. range thirteen (13) east; thence south one-half (^) mile to the south line of said section thirty-two (32), township fifteen (15), range thirteen (13); thence west along the township line to the southwest corner of the southeast quarter of section thirty-one (31), township fifteen (15) north, of range thirteen (13) east of the sixth principal meridian; thence on the quarter section line two and one-fourth {2{) miles to the northeast corner of the southwest quarter of sec- tion nineteen (19), township fifteen (15) north of range thirteen (13), east of the sixth principal meridian; thence east one-half (^) mile to the southeast corner of the northeast quarter of the southeast quarter of said section nineteen (19), township fifteen (15), range thirteen (13); thence north on the section Hne to the center of Davenport street; thence west sixty-six and six-tenths (66 6-10) feet to the center of Forty-eighth street or old County road; thence north on the center line of said Forty-eighth street to the north line of Cuming street; thence north eight (8) minutes east, six hundred and twenty-nine (629) feet; thence REVISED ORDINANCES. 203 north four and three-fourths (4f) degrees east seven hundred twenty-seven (727) feet to a point on the north and south section hne one hundred thirty-eight and one-half (138^) feet south of the south hne of Hamilton street; thence north on the section line to a point seven hundred sixty-two and three-tenths (762 3-10) feet north of the northeast corner of section thirty-two (32), town- ship sixteen (16), north of range thirteen (13), east of the sixth principal meridian; thence east three (3) miles to the place of be- ginning. 204 REVISED ORDINANCES. CHAPTER XXVII. CURFEW. Section 1. That it shall be unlawful for any person under fifteen years of age to be or remain in or upon any of the streets, alleys or public places in the city of Omaha after the hour of 9 o'clock from March 1 to August 31, inclusive, of each year, and from September 1 to the last day of Feburary, inclusive, of each year, after the hour of S o'clock, p. m., unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor persons, or whose employment makes it necessary to be upon said streets, alleys or pubhc places during the night time after said specified hours. Any person violating the pro- visions of this section shall on conviction, be fined in any sum not to exceed five dollars for each offense and shall stand committed until snch fine and costs are paid. Section 2. It is hereby made unlawful for any person, guard- ian or other person having the legal care and custody of any per- son under 15 years of age to allow or permit any such child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys or pubhc places in said city town or village, within the time prohibited in section 1 of this chapter, unless there exists a reasonable necessity therefor. Any person violating the provisions of this section shall on con- viction, be fined in any sum not less than one nor more than ten dollars for each offense, and stand committed until such fine and costs are paid. Section 3. Each member of the pohce force, while on duty is hereby authorized to arrest, without warrants, any person will- fully violating the provisions of section 1 of this chapter, and re- tain such person for a reasonable time, in which complaint can be made and a warrant issued and served. Be it further ordained, that no child or minor person arrested under the provisions of this chapter shall be placed in confinement until they have first been taken home to ascertain the parents' wishes, and the parents shall have refused to be held responsible for the observance of the pro- visions of this chapter by said minor personr>* Section 4. It shall be the duty of the pohce judge, upon the arrest of any child or minor person where the parents or guardians REVISED ORDINANCES. 205 have-reftiB^d to become responsible for said minor person for vi- olation of the provisions of section 1 of this chapter, to inquire into the facts of said arrest and the conditions and the circum- stances of such child or minor person, and if it shall appear that such child or minor person, for want of porper parental care, is growing up in mendicancy or vagrancy, or is incorrigible, cause the proper proceedings to be had and taken as authorized and pro- vided by law in such cases. Section 5. It shall be the duty of the mayor or police com- missioners to arrange with the owners of some manufacturing plant, or plants to give on their whistles signals of curfew hours, of 20 seconds duration. Dampness in Buildings. See Misdemeanors, Section 64. Deaths, Registration of. See Sanitary Regulations. Defacing Buildings and Trees. See Misdemeanors, Sections 36-39. Dirt, Taking Out of Street. See Misdemeanors, Section 32. Discharging Refuse in Gas Manufacture. See Gas, Section 3. Disturbing Assemblages. See Misdemeanors, Section 6. Dog Fighting. See Misdemeanors, Section 8. Dogs. See Animals, Section 20-31. Dog Pound Master. See Animals, Section 22. Dove, Trapping. See Misdemeanors, Section 13 20Q RRyjSEP ORDINANCES/ ■ CHAPTER XXVIII. i Route south. DRIVING STOCK. Section 1. That a route of travel for driving live stock in that portoin of the city of Omaha west of 29th street, between Leavenworth street and South Omaha be and hereby is designated as follows: Commencing at Leavenworth street on 36th street; thence south on 36th street to Center street; thence east on Center street to 35th avenue or 35th street; thence south on either 35th avenue or 35th street to Martha street; thence east on Martha street to 32nd avenue; thence south on 32nd avenue to corporate limits of South Omaha. Route North. Section 2. That the route of travel for the driving of live stock from South Omaha northward toward Leavenworth street in that portion of the city of Omaha west of 29th street shall be in the inverse order of the travel designated in section 1 of this chapter. Penalty. Section 3. It is hereby declared unlawful for any person or persons to drive live stock along or upon any street or avenue in that portion of the city of Omaha west of 29th street and between Leavenworth street and the corporate limits of South Omaha ex- cept on or along the route of travel designated in sections 1 and 2 of this chapter, and any person violating any of the,,> provision of the first three sections of this chapter, oj failing to complywith any of the provisions thereof, shall be deemed guilty of a .misde- meanor, and upon conviction thereof ghall be fined.in.any sum not exceeding one hundred dollars (SI 00.00). Route south. Section 4. That a route of travel tor driving live stock bet- ween the western terminus' of the Douglas street bridge in the city of Omaha and South Omaha be and hereby is designated as follows: Commencing on 9th street near the west terminus of the Douglas street bridge; thence south on 9th street to Jackson street; thence west on Jackson street to St. Mary's avenue; thence REVISED • ordinances; 207 southwesterly on St. Mary's avenue to 20th street; thence south on 20th street to Boulevard avenue; thence west on Boulevard avenue to 24th street; and thence south on 24th street to South Omaha limits. Section 5, That the route of travel for the driving of live stock from South Omaha to the west terminus of the Douglas street bridge shall be in the inverse order of that designated in section 4 of this chapter. Route north. Section 6. It is hereby declared unlawful for any person or persons to drive hve stock from the west terminus of the Douglas street bridge to South Omaha, or from South Omaha to said west approach of the Douglas street bridge on any street or streets in the city of Omaha, or over or along that part of any street or streets in the city of Omaha except as designated in the two last pre- ceding section of this chapter. Penalty. Section 7. Any person violating any provision of the three last preceding sections of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fuied in any sum not exceeding one hundred dollars ($100.00). Section 8. It shall be the duty of the city engineer to cause to be erected at each terminus of the route designated in section 4 of this chapter, a suitable board sign giving notice to the drivers of live stock of the route designated. Drunkenness. See Misdemeanors, Section 2 . Dumping Ashes. * ' See Misdemeanors, Section 81. 208 KBVISED ORDINANCES. CHAPTER XXIX. Proclamation. ELECTIONS. Section 1. In all elections for the choice of city officers, the mayor shall issue a proclamation to the quahfied voters of the city, or ward, as the case may be, setting forth the time when and place or places where, such election will be held, and a list of the officers to be balloted tor at such election, and he shall cause copies of such proclamation to be posted up at least ten days prior to such election in at least three pubhc places in each ward in the city, wherein such election is to be held. Judges and Clerks. Section 2. At the last regular meeting of the city council prior to any city election, the mayor, with the consent of the council, shall appoint three judges and two clerks of election for precinct ward in the city, who, before entering upon their duties as such officers, shall take the usual oath or affirmation of office before some person authorized by law to administer oaths, and such oath or affirmation shall be filed with the city clerk. Vacancies— How filled. Section 3. If any person so appointed shall not attend at the time and place of holding such election, or shall fail or re- fuse to qualify as above provided, the electors present at the opening of the polls on the morning of the election, shall choose some one to fill the vacancy, and the person thus chosen shall qualify as before provided. Poll books. Section 4. The city clerk shall prepare duplicate poll-books for each ward and on the morning of the election, shall dehver such poll-books, together with a ballot-box, and a list of the registered voters, into the hands of some one of the judges or clerks of election in the several wards. The poll-books shall be in a manner and form as follows : REVISED ORDINANCES. 209 Poll-books , of, an election held in the ward of the city of Omaha, Nebraska, on the day of , A. D. 19 .... , at which time and were judges and and were clerks of said election : The following named persons voting thereat : Each clerk shall take one of the poll-books and enter therein the names of the persons voting, and the order in which they voted. At the close of the election the judges shall compare the lists, and if found correct they shall certify the same to be a true list of the persons voting at said election. Election — How conducted. Section 5. Immediately before the opening of the polls the judges shall open the ballot-box at the place of holding the election, and in the presence of the electors, and shall see that no ballots are contained therein, after which the box shall be closed. The judges shall then declare the polls open, and shall proceed to take the ballot of any person offering to vote, and if such person's name is on the registry list and unchecked, the ballot shall be put into the ballot-box, without the name or names thereon being inspected. The ballot-box shall be kept locked and in the presence of the electors until the close of the polls. No more than one of the judges shall be absent at the same time from the room where the election is being held, from the time of opening the polls, until the votes shall have been counted and canvassed. Votes — How Counted. Section 6. The judges and clerks shall commence to canvass by counting the votes polled, and if the number cast exceed the number of persons voting, the ballots shall be replaced in the bal- lot box, and after being mixed, as many ballots shall be drawn out and rejected as there shall have been cast exceeding the number of names on the poll-books. If the judges find two or more ballots rolled or folded together, they shall reject all of such votes as fraudulent, and if a ballot contains more than one name for any one office, it shall be deemed fraudulent as to all the names for that office, but no further. 210 REVISED ORDINANCES; Duties of clerks. Section 7. The clerks shall set down in their poll-books the name of every person voted for, written in full, the office for which such person received any vote or votes, and the number of votes he received, such number to be expressed in words at full length, and the judges and clerks shall certify to the correct- ness of the same. Messenger. Section 8. The judges of election shall then select some one of the judges or clerks as messenger, and such messenger shall convey the registry list, poll-books and ballot-box, with the ballots all replaced therein, to the office of the city clerk, within twenty-four hours after the closing of the polls, and said ballots shall be kept in said office and subject to the inspection of any elector for the space of six months. Power of judges. Section 9. The jiulges of election shall possess full power and authority to maintain order during any election and during the canvass of the votes, and may call on any person present to to assist in maintaining order; and if any person shall refuse to obey the reasonable orders of the judges, or shall in any 'manner interfere with the judges or clerks of election or any of them in the discharge of their duties, such person shall be arrested, and on' conviction thereof shall be fined not less than one (SI) dollar, nor more than fifty (S50) dollars, and in addition thereto may, in the d iscretionof the covirt, be imprisoned not to exceed thirty days for every such offense. Canvass and certificates. Section 10. The city council shall hold a special meeting at eight o'clock P. M., on the first Thursday after each city election, at which time the city clerk, in the presence of the council and of two disinterested electors, shall open the elec- tion returns and make a complete abstract of the votes for the several candidates for offices at said election, and shall make a record of the same. The person or persons having the highest number of votes for the several offices shall thereupon be by the president of the city council declared duly elected, and the city clerk shall issue certificates of election accordinsilv. REVISED OatDINANCESi 211 Vacancies. Section 11. That whenever a vacancy shall occur in the office of mayor, city clerk, comptroller, or councilman of the city of Omaha by reason of death, resignation or removal from office, such vacancy shall be filled by the city council of said' city; Provided, that it shall require a majority vote of' the entire council to fill any such vacancy; Provid9d, further, that in case of death, resignation or removal from office of any council- man, that a resident elector from the ward in v»rhich vaxjancy occurred and freeholder in the city, shall be elected to fill, such vacancy. Officer— Qualify. Section 12. Within ten days after the election by the city council of any person to fill any vacancy mentioned in section 11 of this chapter, the person so elected to fill such vacancy shall qualify and give bond for such amount and with such conditions as is required by law and the person so elected shall hold the office to which he is so elected until the expiration of the term of office which he was elected to fill; Provided, that if any person so elected fails to qualify within ten days after his election by the city council that the office to which he was elected shall be deemed vacant and it shall be the duty of the city council to again fill such vacancy by election as herein provided. 212 REVISED ORDINANCES. CHAPTER XXX. Inspection. ELEVATORS. Section 1. It shall be the duty of the boiler inspector, his assistants, or other person in charge of the boiler inspector's bureau, to regularly inspect all elevators, used for the purpose of carrying passengers; to see that the same are in perfect working order, and that all the parts of said elevator are in good condition and repair; and for this purpose he shall have the right to enter the premises where any such elevator may be in use. The result of such inspection shall be properly recorded in books kept for that purpose in the office of the boiler inspector, from which office all notices, certificates, etc., shall be issued. Inspection certificate. Section 2, It shall be the duty of every person owning, operating or using any passenger elevator in any building within the limits of the city of Omaha, to cause the same to be inspected and examined by the boiler inspector at least once in every three months, (excepting elevators operated exclusively for carrying freight, or operated exclusively by hand, which shall be inspected at least once every six months), and every such person shall apply to and procure from the boiler inspector, within five days after such inspection, a certificate to the effect that said elevator is in a safe and sound condition, and said certificate shall be kept in public view by having same posted as near as possible to the en- trance to the elevator car. For dumb waiters, or any other lifts or hoists operated by hand, not exceeding a capacity of three hundred pounds, no inspection is necessary. The boiler inspector shall charge a fee of one dollar for each certificate so issued, and all moneys received by him shall be paid into the city treasury, and provided, that no certificate of inspection shall be issued until the fee therefor shall have been paid. Provided, that such elevators need not be personally inspected by the boiler inspector but once in each calendar year where said elevator or elevators are insured by some guarantee insurance company (authorized to transact business under the laws of Nebraska), against accident and loss of life, or injury to persons or property, and are properly inspected by some competent repre- REVISEU ORDINANCES. 213 sentative of said insurance or guarantee company at least once in every three months. The boiler inspector is hereby authorized and empowered to issue a certificate to any such representative of any insurance or guarantee company authorizing such repre- sentative to examine and pass upon the condition of any such elevators as the company he represents may have insured ; Provided, however, that said insurance company or its agent shall first pay to the city treasurer the sum of one dollar ($1.00) for each elevator to be inspected by said insurance company, and upon presenta- tion of the city treasurer's receipt for the same the boiler inspector is hereby authorized to issue a permit for the inspection of said elevator, said permit to cover all inspections for each elevator that may be made in the calendar year for which said permit was issued. The boiler inspector shall require that such repre- sentative shall make a full and complete report of the location and condition of such elevators and the date when such examina- tion was made, that record may be kept complete in the boiler inspector's official office; Provided, Further, that in case the representative of any such insurance or guarantee company shall make or pretend to make any examination or inspection, as pro- vided and required by this ordinance, without procuring the permit required by this section, or shall fail to pay the fee re- quired therefor, or to make the report to the boiler inspector, as required herein, then and in either of said cases, said insurance company shall be deemed guilty of a misdemeanor and be subject to the penalty provided in section 7 of this chapter. Operating without a certificate — Penalty. Section 3. It shall be unlawful to run or operate an ele- vator within the city of Omaha without having first obtained a certificate from the boiler inspector, as prescribed in the preced- ing section, and any user of any elevator who fails or refuses to obtain said certificate shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than ten dollars, nor more than one hundred dollars; and for each day such viola- tion shall continue, after notice has been given by the boiler inspector, or during which the person or persons so notified shall neglect or refuse to comply with the provisions of this chapter-, there shall be an additional fine of fiftv dollars. 214 REVISEIT ORDINANCES. Notice to owners. Section -4. Should any defects be found to exist in any part or parts of any passenger or freight or other elevator or lift, which would tend to impair the safety or endanger life or property by the continued use of such elevator, the boiler inspector shall cause a written or printed notice to be served upon the users of said elevator, which notice may contahi a statement of the repairs necessary to be made and said elevator shall not again be used until a certificate in writing shall be issued by the boiler inspector that it has been put in a safe running order, and is fit for use, and that the users thereof are permitted to use the same. The boiler inspector shall be notified of any changes to be made liy the owner or users of any elevator. .Section 5. On and after the passage of this ordinance any manufacturer or builder of elevators, or contractor or agent, upon receiving a contract to erect or construct any elevator within the limits of the city of Omaha, shall notify the lioiler inspector of the fact, and before said elevator is put in operation a certifi- cate shall be obtained as provided in section two of this chapter Power elevators— Certificate. Section 6. Power elevators used for carrying passengers shall be operated only by persons holding a proper certificate issued by the boiler inspector as hereinafter provided. Any person desiring a certificate permitting him to operate a power elevator used for carrying passengers shall make application therefor on a blank furnished by the boiler inspector. Said application must state the name, age and experience of the applicant and shall be signed by at least two reputable citizens, one of whom shall be a proprietor or occupant of the building in which such elevator is situated stating that such applicant is a proper person to receive such certificate. The boiler inspector is required to examine all applicants for a certificate as to their experience age and qualifications. If said applicant is found to be a proper person to hold such certificate he shall receive the same at the office of the boiler inspector upon presentation of the receipt of the city treasurer for the sum of one dollar ($1.00). Each certi- ficate shall be for the calendar year in which same is issued, and in all cases shall expire December 31st. REVISED "O'RDIN'ANCES. :215 Provided, no certificate shall be issued to any person under eighteen (18) years of age. Provided, Further, that any holder of a certificate is required to notify the boiler inspector when he accepts or leaves his employ- ment, the name of his employer, and the location of the elevator. Anyone in charge of an elevator and finding said elevator to be in an unsafe condition in any way shall notify the boiler inspector, or in case of an accident of any kind shall notify the boiler inspector at once. Any person operating any elevator used for carrying passen- gers without first obtaining a certificate, as herein required shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than one dollar ($1.00) nor more than ten dollars (SIO.OO). Any person, firm or corporation, engaging or employing any person not having a certificate as herein required, to operate run any passenger elevator shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offence. General Penalty. Section 7. Any violation of the provisions of this chapter, for which penalty is not provided, shall be deemed a misdemeanor, and the person, persons, co-partnership or corporation guilty thereof, shall, on conviction thereof, be fined in a sum not less than ten nor more than one hundred dollars by the police judge or other officer, or court having competent jurisdiction. 216 REVISED ORDINANCES. CHAPTER XXXI. EMPLOYMENT AGENCIES. License required. Section 1. It shall be unlawful for any person to keep an employment agency in the city of Omaha without first obtaining a license so to do as herein required. Who deemed keeper of employment agency. Section 2. Any person who shall keep or establish any office or place within the city of Omaha for the purpose of obtain- ing place or emploj'^ment for male or female servants, laborers or other persons, or for procuring or giving information concerning such domestic servants, laborers or other persons, for or to em- ployers, shall be deemed a keeper of an employment agency, Provided, that this section and the provisions of the first six sections of this chapter shall not be so construed as to apply to any charitable or religious organizations gratuitously helping applicants to obtain employment. License— Bond. Section 3. Before any license shall be issued by any person, the applicant for same shall execute a bond to the city of Omaha in the sum of $100.00, conditioned for the faithful observance of all the ordinances of the city of Omaha relating thereto, and to pay all damages occasioned to any person or persons by reason of any misrepresentation, fraud or deceit practiced by such appli- cant, his agent or employees in carrying on the business of employment agent or agency; and shall pay to the city clerk for such license the sum of $40.00 for license for one year or $20.00 for six months, the term for which such license is issued to begin January 1 or July 1, and must expire June 30 or December 31 of the same year. Application — Duplicate rsceipt — License. Section 4. Application for license shall be made to the city clerk, vrho, upon tl^.e execution and approval of the bond as herein rec^uired, and the payment to him by the applicant of the amount of license herein required, shall issue to such applicant the proper license. RK VISED ORDINANCES. 217 Schedule of fees. Section 5. It shall be the duty of the keeper of anj^ employ- ment agency to post and expose to view in a conspicuous place in the office or place of business of such agency, a*printed or plainly written schedule of fees to be charged for services, and it shall be unlawful for such agency to require any person to pay for any service rendered, any sum in excess of such schedule fees, which shall not exceed the following, to-vv'it: General housework, second work, nursery, chamber and dining room work, etc., for female, at wages less than $20.00 per month $ .50 Where Wages are $20.00 or over, per month 1 .00 Where wages are S25.00 or over, per month 1 .50 Where wages are S30.00 or over, per month 2 .00 Where wages are $40.00 or over, per month 3 .00 Positions of trust, ten per cent, of first months wages. The charges for obtaining employment for males at common labor or general work shall not exceed two ($2) dollars each, and for positions as cooks or skilled work not exceeding ($5) each. For situtations out of the city, but within the state, fifty (50) cents additional to fees stated. For situations out of the state, one ($1) dollar additional to fees stated. For joint situations for husband and wife, three (S3) dollars to fi^^e ($5) dollars, as may be agreed, and according to compensation by them received. Penalty. Section 6. Any person keeping an employment agency in the city of (.)maha. without first obtaining a license so to do, or who shall directly or indirectly, or through any agent or other person or persons, violate any provision or requirement of the first seven sections of this chapter or make use of" any improper device, deceit, false representation, false pretense, or any imposition whatsoever, for an improper purpose, or for the purpose of obtain- ing a fpe, money, gratuity, or other thing of value from any cus- tomer or patron or patrons, shall, on conviction, be fined in any sum not exceeding one hundred ($100) dollars, and shall refund to the party injured any fee or money received from such party, and the mayor, upon conviction of any person for violating any of the provisions of this ordianace, may revoke the license of such person . 218 REVISED ORDINANCES. Record of Names. Section 7. It shall be the duty of all persons doing tlie business of seeking employment for others or furnishing em- ployees for others, to keep a record of the names of such employer or employers as they deal with together with a complete record of the applications for labor or other employment and the names of such persons as the}- shall procure services or employment for and such record shall show the time of such transaction and the kind of labor or employment procured together with a state- ment of the amount of money charged for such services and such record shall be open at all reasonable times to the inspection of the public and shall be shown on demand to any member of the police department of this city. Booking agency — Providing actors— License fee. Section 8. That all persons engaged in the business of booking agency or engaged in the business of providing actors, or performers for any theater, variety show or other place of amusement, shall be and hereby are required to first take out a license as herein required, and failing, neglecting or refusing so to do, such person or persons shall be deemed guilt}^ of a misde- meanor and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100.00). Application for such license shall be made to the city clerk, who shall issue such license upon payment to him of the sum of fifty dollars ($50.00) which license shall be for the fiscal year for which the same is issued, and in all cases shall terminate December 31st. Excavations and Lumber Piles Contiguous to Sidewalks. See Misdemeanors, Section 35. Excessive Speed of Horses and Other Animals. See Misdemeanors, Section 27. Explosives on Tracks. See Misdemeanors, Section 107. Fast Driving in Cemeteries and Elsewhere. See Misdemeanors, Section 95. Fences. See Buildings, Section 8.3. Fences, etc., Injuring. See Misdemeanors, Section 41. Fighting, Permissive use of Premises. See Misdemeanors, Section 48. REVISED ORDINANCES. 219 CHAPTER XXXII, FINES, REMISSION OF BY MAYOR. Section 1. The mayor shall have power to remit any fine, penalty and costs, of any person convicted in the police court of the city for the violation of any city ordinance, or of misdemeanor arising under the laws of the state, upon such conditions, and with such restrictions and limitations as he may think proper, sub- ject to the regulations prescribed in this ordinance. The court costs shall in no case be remitted, except on the written affidavit of the party, to be filed with the mayor, of his inability to pay or secure the same. Section 2. The mayor shall have power, on the remission of any fine or penalty and costs, to issue his warrant for the dis- charge of the prisoner from custody, directed to the sheriff and keeper of the county jail or to the chief of police and keeper of the city jail or other place of confinement, which warrant shall be sufficient authority for the release and discharge of the party confined. Fire Arms, Unnecessary Discharge of. See Misdemeanors, Section 29. Fire Arms, Sale of to Minors. See Misdemeanors, Sections 103 and 104. Fire Crackers, Sale and Use of. See Misdemeanors, Sections 29, 83. 85, 105, 106, and 107. 220 REVISED ORDINANCES. CHAPTER XXXIII. FIRE HYDRANTS. Unlawful to draw water from. Section 1. It shall be unlawful for any person to draw water from, to open, or close, or to do any other thing with or about any fire hydrant in the city of Omaha, unless authorized so to do under the authority of the officials of said city or of the city water works company. Unlawful to fasten horses to. Section 2. It shall be unlawful for any person to put any substance or thing into to hitch, or fasten horses or other animals to, or to meddle or tamper in any way with any such fire hydrant or to do anything with or about the same not necessary and proper for its legitimate use. Penalty. Section 3. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed fifty ($50) dollars or an imprisonment not to exceed ten days, or both. REVISED ORDINANCES. 221 CHAPTER XXXIV. FIRE LIMITS. Section 1. That all that part of the city of Omaha lying within the following named Vjoiindaries are hereby designated as fire limits, to- wit: Commencing at a point in the Missouri river on the eastern boundary line of Omaha w^here the same is intersected by the line running east and west through the center of section fifteen (15), township fifteen (15) north of range thirteen (13) east, and from thence running west on said line through the center of said section to the west line of said section, thence south along the section line on the west side of said section, and also along the section Une on the west side of section twenty-two (22) in the aforesaid township and range to a point where the same intersects the center line of Leavenworth street, thence east on said center line of Leavenworth street to a point where the same intersects the center line of Twentieth (20th) street, thence south on said center line of Twentieth (20th) street to a point where the same intersects the center line of Pierce street, thence east on said center line of Pierce street to a point where the same intersects the center line of Sixth (6th) street, thence north on center line of Sixth (6th) street to a point where the same inter- sects the center line of the Union Pacific Railway right of way leading and running to the Union Pacific Railway bridge spanning the Missouri river, thence easterly along said center line of right of way and l)ridge to a point where the same intersects the eastern boundary line of Omaha, and thence northerly along said eastern boundary line to the place of beginning. No wooden buildings. Section 2. It shall be unlawful for any person or persons whosoever to erect, build or construct, or cause to be erected, built or constructed, any wooden or frame building or part or parts thereof, or to enlarge any wooden or frame building, or to build a wooden or frame addition to any building within the fire limits, as such limits arc now prescribed, or as they may hereafter be ])rescribed by ordinance. 222 REVISED OllDINANCES. Provided, however, that small additions may be made to frame structures after the application for the same has been approved by the building inspector. Provided, further, that temporary frame structures ma}^ be erected within said fire limits in special cases when sanctioned and permitted by a concurrent resolution of the mayor and council. Removal — Wooden buildings. Section 3. No wooden building shall be removed from one lot to another, or from one part of a lot to another part thereof, where it would be a violation of the law to build such wooden building. Nor shall any wooden building which shall have be- come damaged to the extent of fifty (50) per cent, of the cost of a similar new building (exclusive of foundation) by fire or other causalty, or decay, be repaired or reouilt. Any building which may hereafter be damaged by fire or other causalty to an amount greater than fifty (50) per cent, of the cost of a similar new building, shall be taken down and removed within fifteen days from the date of such fire or other casualty. Penalty. Section i. Any owner, builder, house mover or other person who shall OAvn, build, move, or aid in building, raising, moving or repairing buildings within the fire limits contrary to the pro- visions hereof, or any person who shall refuse to move any build- ing that may have become damaged by fire or other casualty, or decay, within fifteen days after being so notified shall be subject to a penalty of not less than twenty-five dollars (S25), nor more than one hundred dollars ($100) per day for each and every day such Avooden or frame building, or any such part or parts thereof, or any such wooden or frame addition shall be permitted by such person to remain within said fire limits after conviction for the erection, building or construction thereof. Storage of coal. Section 5. No structure for the storage of coal or lumber shall be kept upon any premises within said fire limits, which are not now occupied for such purpose, unless special permission therefor be granted by the city council. REVISED ORDIXAXCES. 223 CHAPTER XXXV. Fire and Police Commission — Clerk of. Section 1. That it shall be the duty of the mayor, upon the recommendation of the Board of Fire and Police Commissioners of the city of Omaha, to appoint a clerk of said Board of Fire and Police Commissioners, subject to confirmation by the city council, the said clerk so appointed and confirmed to hold his office as clerk of said board until the end of the mayor's term of office, unless for good and sufficient reason he shall be removed by the mayor with the consent and approval of the board and council. The clerk of the Board of Fire and Police Commissioners shall receive a salary at the rate of $1,200 per annum, payable monthly. He shall keep in proper form the records of the Board of Fire and Police Commissioners and be in attendance at the office of said board during usual business hours, and shall attend the sessions of said board and perform such other duties and services as may be required by said board. CHAPTER XXXVI. FIRES, PREVENTION OF. Inflammable material in cellars, etc. Section 1. That it shall be unlawful for the owners of un- occupied buildings and the lessess and occupants of buildings occupied, used in whole or in part for business purposes, to allow or permit any rubbish, old papers, rags, broken boxes, kindlings, or other inflammable material to accumulate or remain in the cellars, basements, area-ways, or other places connected therewith or ad- jacent thereto, of such buildings, and every person found guilty of the aforesaid acts shall be punished by a fine of not less than ten dollars nor more than fifty dollars. Inspection— Warrant of arrest. Section 2. That the chief of the fire department and the chief of police be and they are hereby directed, under the orders and instructions of the Board of Fire and Police Commissioners, to 224 REVISED ORDINANCES. inspect at least once every six months and oftener if directed so to do by the ma3'or, council or board of fire and Police, every building used in whole or in part for business purposes and to notify the owners of unoccupied ])uildings and the lessees and occupants of buildings occupied, to remove all rubbish, old papers, rags, broken boxes, kindlings, or other inflammable materials from the cellars, basements, area-ways, or other places connected there- with or adjacent thereto, of such buildings at once; and have such cellars, basements, area-ways and places connected therewith, thoroughly whitewashed, and to report the names of all persons who refuse or neglect to comply -with such notice within three days after the same has been given, to the maj^or and police judge, and the police judge shall issue a warrant for the arrest of all such parties, charging them with keeping and maintaining a public nuisance, endangering the health and property of the people of the city of Omaha; and any person found guilty of keeping and main- taining such nuisance shall be fined as provided by section one of this chapter. CHAPTER XXXVII. FIRE REPORTER. Section 1. That the mayor of the city of Omaha be and he is hereby authorized and directed to issue to W. S. Adams and his successors and assigns a permit to run and operate his Fire Reporter for the period of ten years, from May 12th, 1904, through the streets, alleys and public grounds of the city of Omaha; Provided, however, that the right of the said W. S. Adams to run and operate his said Fire Reporter shall, at all times be under such regulations as may be prescribed by the fire and police commis- sioners of the said city of Omaha, and any failure of the said W. S. Adams or his successors or assigns to comply with such regu- lations as may be prescribed by the fire and police commissioners shall forfeit all right which may be granted by such permit or by this chapter. Fires on Streets, See Street Sprinkling, Section 5. REVISED ORDIXANCES. 225 CHAPTER XXXVIII. License. FISH, SALE OF. Section 1. It is hereby declared unlawful for any person or persons to sell or engage in the business of selling at retail in and along the public streets and alleys of the city of Omaha, from a wagon or other vehicle, any fish or meat, without first procuring a license as herein required. Fees. Section 2. The hcense fees required to be paid for said busi- ness shall be as follows: For each wagon engaged in the sale of fish, per j^ear, SIO.OO. For each wagon engaged in the sale of meat, per year, $20.00. Said license shall be issued by the city clerk in the usual manner, upon the payment to him of the fee provided in this section, all of said licenses to expire December 31, of the year in which they are issued. Penalty. Section 3. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five dollars (So. 00) nor more than fifty dollars ($50.00) or be imprisoned not to exceed thirty da3-s, or be both fined and imprisoned, at the discretion of the court. Funeral Procession, Disturbance of. See Misdemeanors, Sections 101 and 10*2. Gambling. ■ See 'Misdemeanors, Section .50. Ganibling Houses, Keeping of. See Misdemeanors, Section 49. Gambling, Use of Premises for. See Misdemeanors, Section 48. Garbage. See Sanitary Reo:ulati(>ns. 226 REVISED ORDINANCES. CHAPTER XXXIX. GAS xMANUFACTURING. Unlawful to discharge gas refuse into sewers. Section 1. That it is hereby declared unlawful for any per- son, company, association or corporation engaged in the manu- facture of gas, to discharge or permit to be discharged into any public sewer within the city of Omaha, any liquid, waste or refuse of any kind or nature whatever, created by, or resulting from the manufacture of gas. Sewer connections to be removed. Section 2. Any person, corporation, company or associa- tion now having an}^ connection with any public sewer within the city of Omaha, wherein is discharged any fluid, waste or other refuse matter, created by or residting from the manufacture of gas, shall within ninety days from the passage and approval of this ordinance, remove such connection, and in a proper manner close the entrance thereby made in the public sewer, and failing or neglecting so to do, that the city engineer cause the same to be done. Penalty. Section 3. Any person, company, association or corporation violating any of the provisions of this chapter, or failing or neglecting to comply therewith, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall for each offence be fined in any sum not less than ten ($10) dollars, or more than one hundred ($100) dollars, and the continuance of any connec- tion with any public sewer for the discharge of any licmid, waste or other refuse created by or resulting from the manufacture of gas, after ninet)' (90) days from the approval of this ordinance, or the use of any such connection for the discharge or removal of any such liquid, waste or refuse, shall, for each da}^, the same is so continued or used, be taken to be a separate and distinct offense. RKVISKD ORDINANCES. 227 CHAPTER XL. Appointment. GAS INSPECTOR. Section 1. That the office of gas inspector for the city of Omaha be, and hereby is created. The said inspector shall be appointed by the mayor, by and with the consent of a majority of the entire council, and shall be subject to removal from said office at any time by the mayor, by and with the consent of the council. Bond. Section 2. The gas inspector shall be required to give bond in the sum of one thousand ($1,000) dollars, conditioned as re- quired by the act incorporating metropolitan cities and he shall receive a salary of one hundred and twenty-five ($125) dollars per month. Duties. Section 3. It shall be the duty of the gas inspector as often as once in three months, to carefully and accurately examine and test each of the gas meters used for measuring gas furnished to the city of Omaha, and it shall be his duty to see that all the provisions in any contract now existing or hereafter made with any person, company or corporation furnishing gas to the city or lighting the gas lamps of the city, are faithfully perfoi-med and carried out, and that all street lamps are lighted promptly at or before the time required by such contract, and not extinguished before the time fixed by such contract, and it shall be the duty of said inspector to examine and test as often as may be necessary, the burners on the street lamps of the city, and to require that said burners be kept clean and open, so as to give an even, steady light, each ecjual in illuminating powers to at least fourteen sperm candles burning together, and to be capable when lighted of actually burning fully five (5) cubic feet of gas per hour. It shall bo his duty to see that the glass in all street lamps of the city be kept clean, and clear, and whenever broken, repaired without delay, and to see generally that all street lamps of the city are kept in constant and perfect order and repair. 228 REVISED ORDINANCES. It shall also be his duty to obtain and keep a perfect schedule of the location of all the street lamps of the city, and to keep a careful and accurate list of all lamps out of repair, or not burning the full time required by contract, and to keep an account as carefully and accurately as jjossible, of any and all lamps not lighted, or lighted after the time required by contract or exting- guished before the time specified by contract. He shall receive and note in a book, for that purpose, any and all complaints concerning the condition of the street lamps or the lighting or extinguishing thereof, and as soon as possible investigate such complaints, and each and every month report to the city council the number of lamps required to be lighted, the number actually lighted, the number out of repair, the number repaired, and the nature of such repairs, the number and location of all lamps not lighted the time required by contracts, the length of time as nearly as can be estimated that each lamp not lighted as required by contract, was not burning, and the number of private gas meters tested. He shall also report each month to the city council, the amovmt of gas consumed by each of the gas meters used for measur- ing gas furnished to the city, the condition of said meters, and shall make such further reports or give such additional informa- tion, as may be required by the council or as he may deem proper and necessary. Additional duties. Section 4. Whenever it shall come to the notice or knowl- edge of the gas inspector, that any street lamp or burner is out of repair, or that the glass in any lamp is not clean and clear or is broken, it shall be his duty to at once notify the gas company contracting with the city forthwith, to make the necessary re- pairs, clean or replace the defective burners, replace the broken glass, or clean the same as the case may be and if said gas com- pany fails or neglects for the space of forty-eight hours from the time of the giving of such notice, to make the required repairs, or to do the cleaning required, it shall thereupon be the duty of said inspector immediately to make such repairs or do such clean- ing or cause the same to be done, and to keep an account of the time employed, or expense incurred in making such repairs or doing such cleaning, charging the same to the account of said REVISED ORDINANCES. 229 gas company, to be deducted from any bill of said company, against the city. Make test of meters. Section 5. Whenever requested so to do by any person consuming gas furnished by any gas company in the city of Omaha, and upon the payment to the inspector, for the use of the city, of the sum of one ($1) dollar, and such further sum not exceeding two ($2) dollars, as may be necessary and reasonable to cover the expense in making the test as requested, it shall be the duty of the gas inspector to examine and test any gas meter as so requested, and to give such consumer a certificate as to the condition and accuracy of said meter. Inspect gas works. Section 6. It shall be the duty of the gas inspector from time to time, and as often as may be necessary, or whenever required by the city council, to inspect the works and premises of any person, company or corporation manufacturing or fur- nishing gas in the city of Omaha, and to inspect and test the character and quality of any gas so manufactured or furnished, and report as to the condition of said premises, the character and quantity of combustible or dangerous material thereon, the character and quality of such gas whether of an unusual or danger- ous character, or whether in all respects pure and safe, and whether said gas is of the average specific gravity, or w^hether injurious or deleterious to the health of those burning the same. Giant Fire Crackers. See Misdemeanors, Sections 83 and 85. Gutters, Obstruction of. See Misdemeanors, Section 44. Hand Bills. See Misdemeanors, Section 92. Hanscom Park, Dogs and Other Animals in. See Animals, Sections 30 and 31. 230 REVISED ORUIXANCES. CHAPTER XLI. Permit. HAULING DIRT. Section 1. It shall be unlawful for any person, company or corporation to haul, or authorize to be hauled, any earth in excess of ten cubic yards over, across, or along any paved street or alley in the city of Omaha without a permit from the street commissioner of said city so to do, subject to the regu*lations provided in this ordinance. Fees. Section 2. Before any person, company or corporation shall enter upon any work requiring the hauling of more than ten cubic 3'ards of earth over, along or upon any paved street or alley in the city of Omaha, application must be made to the street commissioner of said city, stating the place from which said earth is to be removed, and the place to which the same is to be hauled, together with a proximate estimate of the number of cubic yards embraced in said work, and accompany said application with a deposit in money in amount as follows : Where the amount of earth to be hauled does not exceed one hundred (100) cubic yards, the deposit shall be ten (SIO) dollars. Where the amount of earth to be hauled exceeds one hundred (100) cubic yards and does not exceed one thousand (1,000) cubic yards, the deposit shall be twenty (S20) dollars. Where the amount of earth to be hauled exceeds one thousand (1,000) cubic yards, the amount of the deposit shall be not less than twenty ($20) dollars, nor more than one hundred ($100) dollars, as may be fixed by the street commissioner. The street commissioner shall thereupon issue a permit for such work, designating thereon the part of paved streets or alleys over or across or upon which the same is to be hauled, and the time when such work \nll be permitted, and such permit shall be sub- ject to inspection upon demand of any city officer or any employe of the city who may be designated bj'- the street commissioner to look after such work ; Provided, that all permits issued under the provisions of this chapter shall have attached thereto a copy of this chapter. REVISED ORDINANCES. 231 Duties in hauling. Section 3. . It shall be the duty of any person, company or corporation engaged in hauling earth over, along or across any part of any paved street or alley in the city of Omaha in pursuance of a permit as heretofore outlined, to use wagons for hauhng such earth of such construction as the street commissioner may approve, and to so load such wagons in such mannner and to so clean them after unloading, as to prevent the spilling or wasting of earth therefrom in passing over the streets and alleys, and it shall be the duty of such person, company or corporation holding such permit, during the progress of such work, to keep the paved streets and alleys over which dirt shall be hauled by them, free from any dirt that may accidentally, or otherwise, be spilled upon pavements, gutters or sidewalks, and properly clean the same when required by the street commissioner; Provided, that no person, company or corporation holding any permit for the hauling of earth under the provisions of this chapter, shall haul the same over, upon or across any permanent sidewalk in the city of Omaha without first thor- oughly covering such sidewalk with planks of not less than two inches in thickness, and it shall be the duty of such person, company or corporation to clean such planks daily. Protection of city. Section 4. The street commissioner shall have the right, when any person, compan}^ or corporation operating under a permit shall fail to remove dirt spilled, wasted or left by such person, company or corporation upon any pavement, gutter, sidewalk or crossing along the line of their haulage when required, to cause the same to be done at the expense of and out of the funds specially deposited in connection with such permit, the balance of such fund, if any, remaining after the completion of the work under such permit to be returned to the person, company or corporation deposit- ing the same, and if at any time the deposit shall prove to be in- sufficient, then the street commissioner shall be empowered to stop further work and haulage until an additional amount shall have been deposited, which, in the opinion of the street commis- sioner shall be sufficient to maintain the pavements, gutters, sidewalks and crossings clear of earth during the progress of the work, and after the completion of such work the balance of such deposit shall be returned to the depositor upon the return of the permit and receipt issued to him. 232 REVISED Om-IXAXCKS. Penalty. Section 5. Any person, company or corporation hauling any earth in excess of ten cubic yards over, along or across any paved street, alley, sidewalk or crossing in the city of Omaha without a permit so to do as herein provided, and any person, company or corporation violating any provision of this chapter, insofar as the same applies to the hauling of earth over, across or along any paved street, alley, sidewalk or crossing, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding one hundred ($100) dollars or imprisoned not exceeding thirty (30) days, or both, at the discretion of the court, and each and every day that any person, company or corporation shall haul any dirt over, along or across any paved street, alley or sidewalk in said city of Omaha without any such permit, or upon any other paved streets and allej's than those specified in said permit, shall be deemed|and held to be a separate and distinct offiense. Hitching Animals at Unlawful Places. See Hitching Posts and Rings, Section 6. REVISED ORUINAXCES. 233 CHAPTER XLII. HITCHING POSTS AND RINGS. Posts or rings required. Section 1. Every owner of any lot in the city of Omaha, occupied for resident or business purposes, shall provide, erect and maintain in front of such lot suitable rings or posts for the hitching of horses. Rings. Section 2. Whenever the sidewalk jn front of any lot occu- pied for resident or business purposes has been curbed, or whenever the same shall be curbed, or whenever the sidewalk is of such ma- terial as, in the opinion of the sidewalk inspector, to furnish a con- venient, firm and suitable bed or base for the fastening of rings, rings shall be provided and maintained. The rings to be provided shall be made of half-inch iron, and the interior diameter thereof shall be in no case less than two and one-half (2^) inches. They shall be securely and firmly set and fastened with staples in the curbing, or where there is no curbing in the outer edge of the side- walk. Where rings are provided, there shall be at least two rings in front of every lot, placed at a distance of not less than eleven (11) feet apart. Posts. Section 3. Wherever the sideAvalk in front of any lot occupied for resident or business purposes has not yet been curbed, or wherever the sidewalk is of such material as, in the opinion of the sidewalk inspector, not to furnish a convenient, firm and suitable bed or base for the fastening of rings, posts shall be erected and maintained. When posts are erected, there shall be at least two posts in front of every lot; said j)osts shall in no case be more than four (4) feet in height above the level of the sidewalk, and shall not be more than six (6) inches in diameter; they shall be set securely in the ground, within and contiguous to the outer edge of the sidewalk, at a distance of not less than eleven (11) feet apart. 234 REVISED ORDINANCES. ^ Duty of sidewalk inspector. Section 4. It shall be the duty of the sidewalk inspector, to notify any such owner of an occupied resident or business lot, who has not already complied with the provisions of the preceding three sections, to provide, erect and maintain hitching rings or posts, as herein prescribed; and if such owner shall for the space of ten days thereafter fail, neglect or refuse to comply with said sec- tions he shall be deemed guilty of a misdemeanor, and on con- viction thereof, shall be fined in any sum not to exceed five ($5) dollars. Unhitched horses — penalty. Section .5. It shall be unlawful for any person to allow any "horse, horses, mule or mules belonging to him or in his charge, or under his direction, to stand or remain on any street, avenue or alley or other public space within the city of Omaha unless securely tied or hitched or in charge of some competent person in such situation as to secui-elj- hold or control such animal or animals. Any person who shall violate or fail to comply with this sec- tion shall be deemed guilty of a misdemeanor, and on conviction theerof shall be fined in any sum not to exceed twenty ($20) dol- lars. Unlawful hitching places. Section 6. It shall be unlawful for any person to hitch any horse or other animal to any public lamp post, or any awning post, or public hydrant in any public street, avenue or alley, or other public place in the city, or to any shade or ornamental tree stand- ing or growing therein, or to the boxing or railing about such trees. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not to exceed twenty ($20) dollars. Police to take unhitched animals. Section 7. It shall be the duty of the police of said city to secure and retain any horse or other animal left unhitched on the streets, avenues or alleys, or public grounds in the city, or that shall be hitched in violation of the provisions of this chapter, until the owner or person in charge of such horse or other animal has been prosecuted as provided herein. REVISED ORDINANCES. 235 CHAPTER XLIII. HOUSE MOVING. Licensed house mover. Section 1. It shall be unlawful for any person except a licensed house mover to move, raise of lower any building or any part of any building in the city of Omaha. License. Section 2. Any person, before engaging in the occupation or business of house mover, and before moving, raising or lower- ing any building or part or parts of buildings in the city of Omaha, shall obtain a license as such house mover, as herein required. The license fee for such license shall be $20.00 per year, or SIO.OO for six months, all such licenses to expire either on the 30th day of June, or the 31 st day of December of the year in which the same are issued. Upon the payment of such license fee to the city clerk, and the filing and approval of a bond as herein required, it shall be the duty of the city clerk to issue such license. House mover's bond. Section 3. The bond required to be filed by any applicant for a license as a house mover shall be in the sum of three thousand ($3,000.00) dollars with good and sufficient securities, who shall justify that they are each residents of the city of Omaha, and the county of Douglas, and are worth over and above all exemptions and liabilities, at least double the amount of such bond, or an approved surety bond — said bond to be approved by the Maj^or and city council and such bond shall be conditioned, among other things, that the said applicant will pay any and all damages which may happen to any tree, pavement, curb, street or sidewalk, or to any telegraph, telephone, street-car or electric-light pole within said city, whether said damage or injury should be inflicted by said party or his agents, employes or workmen, and conditioned also, that the said party will save and indemnify and keep harm- less the city of Omaha against all liabilities, judgments, costs and expenses which may in anywise accrue against said city in con- sequence of the granting of such license, and that said party will in all things strictly comply with the conditions of such license 236 REVISF.D ORDIX.-VXCES. and the ordinances of said city relating to bouse movers; Pro- vided, that in no case shall iron stakes be driven into the asphalt or brick pavement, or shall injury be done to the curbing or pave- ments or to any sewer, street crossing or sidewalk. Should the bond of such applicant not be approved, the city clerk shall re- turn the license fee paid by such applicant. Permit. Section 4. Before moving any building upon, along or across any public street, alley, or any public ground in the city of Omaha, a permit shall first be obtained from the building inspector by a licensed house mover, authorizing and allowing such house mover to move the building designated, upon, along or across the required streets; alleys, or public ground, designating the same, and prescribing the route to be taken and limiting the time for such removal. Upon making application for such permit the licensed house mover shall be required to pay therefor the sum of three dollars (S3. 00) ; Provided, that the provisions of this section shall not apply to moving or raising any building on private premises and not going upon any alley or public ground except as herein provided. What buildings can be moved. Section 5. No frame building in the city of Omaha shall be moved unless such building is worth fifty per cent of the cost of a similar new building. The inspector shall judge as to the propriety of allowing buildings to be moved upon any of the paved streets, and may, in his discretion, refuse a permit so to do. And in no case shall he perinit any building to be moved vipon, over or along any boulevard except upon the written consent of the board of park commissioners. * Property owners assent to removal. Section 6. Any person desiring to remove a building shall first obtain the written assent to such removal from persons owning property (or their legal and authorized agents) fronting on such street on each side of the lot upon which said building is proposed to be moved for a distance of not less than 150 feet in each direc- tion, including streets and alleys, and shall secure the assent to such removal from persons owning property (or their legal and authorized agents) fronting on said street opposite the said lot REVISED OKDIMANCES. 237 on which said building is proposed to be located for a distance of not less than 100 feet in each direction from a point directly opposite the lot on which said building is proposed to be located, and shall also file an affidavit, subscribed and sworn to by the person or persons who secured the written assent to such removal as herein provided for, in the following form, as near as may be, to- wit: CITY OF OMAHA, j County of Douglas, v §§ State of Neln-aska. ^ and , each being duly sworn, on oath deposes and says, each for himself, that he was present and saw the persons whose names are subscribed to the above petition, sign the same, and that each and every one of said parties claimed at the time of signing such petition that they were the owners of the property placed opposite their respective names in the above petition, or the attorneys or agents of the owners, with full authority to sign and act for them. Subscribed and sworn to before me this day of , A. D. 19—. After such reqviirements as above stated, said Building Inspec- tor shall issue a permit to such owner or person allowing the re- moval of such building to such location. The fee for such permit shall be paid by either the owner or person asking for such permit. Provid- ed, however, that where the building inspector refuses to issue a per- mit for the removal of any such building, shed or other structure because such building, in his judgment, may not be worth fifty per cent, of the cost of a similar new building, then and in that case the owner of such building may proceed to obtain the written assent of property owners, as provided in this section, to such removal, and if such assent shall be obtained, then he may submit the refusal of the building inspector together with written assent to the city council and mayor. Special permission — Fee. Section 7. The building inspector may, in his discretion, grant a permit for the removal of a building from one part of a lot to another part of a lot within the fire limits of said city, but 238 REVISED ORDINANCES. not going upon any street, alley or public ground, upon the i)ay- ment of the fee of S2.00 to the city treasurer. The building in- spector may also grant a permit for the raising or lowering of a building within the fire limits of the city where such raising or lowering is required to bring such building to the grade of the street or alley adjacent to the lot on which said bviilding stands, Provided, the same shall not go upon the premises of any other person or upon any street, alley or public ground, upon the pay- ment of the fee herein required ; Provided, however, that in no case shall a building be permitted to be raised or lowered unless the same shall be worth at least fifty per cent of the cost of a similar new building. Removal of wire — Notice. Section 8. Whenever it shall be necessary for any licensed house mover to move along or across any street, avenue or alley, any building of such height or size as to interfere with any tele- graph, telephone or Electric Light Company's poles or wires, the company or companies using or operating such poles or wires shall, upon 12 hours notice served jii writing upon the local manager or agent of such campany, temporarily remove such poles and wires to allow such structure to pass. One-half of the expense created by such removal of said poles or wires shall be borne by the companies operating said poles or wires, and the other half of such expense shall be paid, either by the owner of said building or the house mover moving the same, unless otherwise agreed to between the companies and the house movers or the owner of the building. Street crossing — Railroad tracks — Expense. Section 9. Whenever it shall be necessary to move any building across any street railway company's track or tracks, the same shall be done between the hours of 12:30 a. m. and 6 k. m. unless otherwise agreed to between the street raihvay company and the house mover or the owner of such building; Provided, that whenever it shall be necessary in moving any building across any street railway company's track or tracks to remove any poles or wires belonging, to said company, the house mover or the owner of such building shall pay one-half of the cost of such removal and the replacing of the same, unless otherwise agreed to between REVISED ORDINANCES. 239 the said company and said house mover or the owner of snch building. Deposit. Section 10. Whenever it shall be necessary for any tele- graph, telephone, electric-light or street railway company to remove any poles or wires, said company may require the deposit of a sum sufficient to cover the one-half cost of such removal before proceeding to remove such poles or wires. Leaving building on street too long. Section 11. The owner of any building or the contractor for its removal, either or both, who shall suffer the same to be or remain on any street or alley, or upon any of the pubhc grounds of the city for any time longer than may be specified in the per- mission of the building inspector, shall be deemed guilty of main- taining a nuisance, and upon conviction thereof, shall be fined in any sum not exceeding ten dollars (SIO.OO) and a hke penalty for each twenty-four hours that such nuisance maybe continued, may be imposed. Penalty. Section 12. Any person or persons, company or corpora- tion who shall violate, or who shall fail, neglect or refuse to com- ply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars at the discretion of the court, except as specially provided in Section 11 hereof. Hydrants or Lamp Posts, Fastening Horses or Other Animals to. See Misdemeanors, Section .3.3. 240 REVISED ORDINANCES. CHAPTER XLIV. ICE. Section 1. It is hereby declared to be unlawful for any person, firm, or corporation to sell, deliver, or pack and store away, or bring within or to cause or permit to be sold, delivered, packed, or stored away, or brought within the corporate limits of the city of Omaha, any ice cut upon, or by any process removed and taken from, the Missouri river south of or below the point or place where the North Omaha sewer so-called, connects with ©r is emptied or discharged into said Missouri river. Section 2. Any person, firm or corj^oration violating the provisions of Section 1 of this chapter, or part thereof, shall upon conviction, be fined in a sum not less than ten ($10) dollars and not exceeding one hundred ($100) dollars for each and every offense. Test. Section .3. All persons, firms or corporations, selling or keeping for sale ice within the corporate limits of the city of Omaha shall, upon the first day of each month, or within three days thereafter, cause a sanitary test of a sample of ice to be made at their own expense. Said sample of ice shall be selected by the health commissioner of the city of Omaha, and the results of said test shall be posted in a conspicuous place in the office of the health commissioner of the city of Omaha. Penalty. Section 4. Any person, firm or corporation faihng to comply with the notice provided for in Section 3 of this chapter shall be and is hereby declared to be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for each offense. Section 5. It is hereby made the duty of the health com- missioner of the city of Omaha to see that the provisions of the last two preceding sections are strictly enforced. Improper Dress. See Misdemeanors, Section 16. Indecent Conduct. See Misdemeanors, Section 1.5. Inspection of Buildings — Enforce Smokestack Ordinance. See Misdemeanors, Section 70. REVISED ORDINANCES. 241 CHAPTER XLV. Defined. JUNK DEALERS. Section 1. Any person or persons, firm or corporation who shall engage in the business of buying; selling, receiving, collecting or dealing in old iron, lead, brass, steel, copper or other metals, bottles, rags or paper are hereby declared and defined to be a junk dealer. License fees. Section 2. Every person or firm desiring to engage in the business of junk dealer shall, before engaging in such business, procure a hcense authorizing him so to do. The fees required to be paid for such license sliall be as follows: The class of junk dealers who keep a junk shop and have an established place of business shall pay the sum of thirty (S30) dollars for hcense for one year, or fifteen (.SL5) dollars for license for six months. The class of junk dealers who carry on their business by means of horse or horses and vehicle and have no established place of business shall pay the sum of four ($4) dollars for license for one year, or two ($2) dollars for license for six months. The class of junk dealers who go on foot from place to place, collecting paper, rags, bottles, etc., shall pay the sum of two (S2) dollars for license for one year, or one ($1) dollar for license for six months. All such licenses shall be issued by the city clerk and shall expire either on the 30th day of June or the 31st day of December of the year in which they are issued. Bond. Section 3. Before the issuance of any license provided for in this chapter, the person or firm to whom the same is to be issued shall give bond to the city of Omaha in the sum of five hundred ($500) dollars, conditioned, among other things, for the faithful performance by the principal of each and all the trusts imposed by law, ordinance or usage upon the kind of business for which such license is issued. The sureties on such bonds, shall be approved by the city clerk and each surety shall sub- 242 REVISED ORDINANCES. scribe an oath that he is a resident of the city of Omaha and county of Douglas and is worth, in real estate, over and above all liabi- lities, debts and exemptions, at least double the amount of such bond, or such applicant may give a bond with some reliable guaranty company as surety. Book describing purchases. Section 4. Every person who shall engage in the business of junk dealer shall keep a book in which shall be legibly written in the English language, in ink, at the time any purchase or sale is made, an accurate account or description of the goods, articles or things purchased or sold and the amount of money paid or received therefor, the time the same was received or disposed of and the name, residence and description of the person, other than himself, purchasing or selling the same, which book, as well as the articles purchased, shall be, at all reasonable times, open to the inspection of the mayor, chief of police or any member of the police department. Report to Chief of Police. Section 5. It shall be the duty of every junk dealer to make out and deliver to the chief of police, every day before the hour of 12 o'clock, noon, a legible and correct copy from the book required in Section 4 hereof, a description of all personal property or other valuable thing purchased, received or deposited with such junk dealer during the preceding day, together with a state- ment of the time the same was received or purchased and a descrip- tion of the person or persons who delivered or deposited the same or from whom the same were purchased. Provided, no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased at open sale from any bankrupt stock, provided the delivery or sale of such goods is accompanied with a bill of sale or other evidence of open and legitimate purchase, such bill of sale or other evidence to be shown to the mayor, chief of police or any member of the police department upon demand. Provided, further, that the report of Monday of each week shall cover the business transactions of the Saturday previous and also the Sunday previous, if any such transactions shall have taken place in said last mentioned day. REVISED ORDINANCES. 243 Not purchase from minors. Section 6. It is hereby declared unlawful for any junk dealer, plumber or peddler within the city of Omaha to purchase, accept or receive from any minor, or from any other person except plumbers or peddlers holding Ucense as such from the city of Omaha, or from the owner or authorized agent of the building or buildings from which the material is taken, any lead pipe, sheet copper, faucets, boilers or other plumbing material. It shall also be unlawful for any junk dealer, plumber or peddler to buy from any one not a duly authorized agent of a railroad company, any railroad brasses, engine brasses, hnks, pins, blow- off cocks, plugs, relief valves, dope cups, starting valves, oil cups, stop cocks, air valves, globe valves, air pipes, steam pipes, water pipes, iron, brass or copper rods, iron, brass or copper pipes, switchlocks^ rubber hose, sheet lead, iron, brass or copper, or any railroad material whatsoever. Business in one place only. Section 7. No person or firm licensed under the provisions of this chapter shall be allowed to do business in more than one place under one license and every license shall state the place where such business is to be carried on and shall not be assignable. It shall be unlawful for any person not having a license to display in front of, about or upon his premises any junk dealer's sign or advertisement that any goods of the character named in this chapter are bought or sold on said premises. Penalty. Section 8. Any person, firm, or corporation who shall violate, neglect, fail or refuse to comply with any of the provisions or requirements of this chapter shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall bo fined not less than five ($5) dollars nor more than one hundred ($100) dollars. Larceny. Sec Misdemeanors, Section 77. Lewd Books. See Misdemeanors, Section 19. 244 ■ REVISED ORDINANCES. CHAPTER XLVI. Establishment. LIBRARY. Section 1. That there is hereby estabhshed in the city of Omaha a pubhc hbrary, reading room, art gallery and museum, which shall be forever kept up and maintained by said city and shall be known as the Omaha Public Library. Definition. Section 2. Whenever in this chapter there shall be used the words "pubhc library" the same shall be held to mean and include public libraries, reading rooms, art galleries and mu- seums. Library board. Section 3. Said public library shall be taken charge of, managed and controlled by the present board of the Omaha Public Library, as heretofore constituted, and shall be managed and controlled by a board of nine directors to be appointed by the mayor, subject to the approval of the city council, of which board neither the mayor nor any member of the city council shall be a member, the said directors to be appointed as their terms of office expire. Such directors shall hold their office for a term of three years from the first day of July following their appointment, or until their successors are appointed and con- firmed, and three directors shall hereafter be chosen annually. In case of vacancies, by resignation, removal or otherwise, the mayor and council shall fill such vacancy for such unexpired term. No director shall receive any pay or compensation for services rendered as a member of such board, and such directors shall give bond for the faithful discharge of their duties in the sum of one thousand ($1,000) dollars. Officers duties — Quorum. Section 4. The directors shall, at their first meeting in July of each year, organize by electing one of their number president, and such other officers as may be necessary. Five of such board shall be a quorum. The}^ shall have power to adopt such by- laws, rules and regulations for their guidance and for the govern- REVISED ORDINANCES. 245 ment of the library as they may deem expedient, subject to the supervision and control of the mayor and city council and not inconsistent with this chapter. They shall have exclusive con- trol of the expenditure of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose. Tax levy. Section 5. Any tax levied or collected, or funds donated therefor, shall be kept for the use of such library, separate and apart from other funds of the city, and shall be drawn upon by the proper officers, upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose. Powers of board. Section 6. The library board shall have power to appoint a suitable librairan and assistants, to fix their compensation, and remove their appointees at pleasure, and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation and to sustain its use- fulness and efficiency; and to fix and impose by general rules, penalties and forfeitures for trespasses or injury upon or to the library buildings, grounds, rooms, books or other property, or for the failure to return any book or for violation of any by-law or regulation, and shall have and excerise such power as may be necessary to carry out the spirit and intent of tliis chapter in establishing and maintaining a public library. Free. Section 7. Every library established under this chapter shall be forever free to the use of the inhabitants of the city, subject always to such reasonable regulations as the lil)rary board may adopt to render said library of the greatest use to the in- habitants of said city, and the board may exclude from the use of the lil)rary any one who shall wilfully violate or refuse to com- ply with the rules and regulations established for the government thereof. 246 REVISED ORDINANCES. Report of board. Section 8. The library board shall, on the first day of Janu- ary of each year, make a report to the city council of the con- dition of their trust on said day, showing all moneys received or expended, number of books or periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department; the number of books or periodicals purchased or acquired by gift during the year, and the number lost or missing; the number of visitors attending, the number and character of books loaned or issued, with such statistics, information and suggestions as they may deem of general interest or as the city council may require, which report shall be verified by affidavit by the proper officers of said board. By-laws. Section 9. Any by-laws or regulations established by the library board may be amended by the city council. Penalties, how collected. Section 10. Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before any justice of the peace, or other court having juris- diction ; such action to be instituted in the name of the public library board of the city of Omaha, and moneys collected in such actions shall be forthwith placed in the city treasury to the credit of the library fund. Donations. Section 11. Any person may make any donation of money, lands or property for the benefit of such library, and the title to the property so donated may be made to and shall vest in the city of Omaha for the public library, and such property shall thereupon be exempt from taxation as other public property. Deposit of private works. Section 12. The library board shall have the power to authorize any circulating library, reading matter or work of art of any private person, association or corporation to be deposited in the public library rooms, to be used in the same manner as the books and property of the library. REVISED ORDINANCES. 247 Receipts. Section 13. All moneys received by the board of directors or by any librarian or assistant of said library from any source, for the use and support thereof, shall be paid monthly to the city treasury of the city of Omaha. Penalty. Section 14. Any person who shall willfully or maliciously cut, write upon, injure, deface, tear or destroy any book, news- paper, plate, picture or engraving belonging to the Omaha Public Library shall be liable to a fine of not less than one ($1) dollar or more than five ($5) dollars for every such offense. Branches. Section 15. The authority hereby conferred upon the library board to take charge of, manage and control the public library, shall extend to and apply to such branch libraries in the city of Omaha as may be hereafter established. Licenses — Circuses, Theaters and Shows — By Whom Issued — Fees. S6e Circuses, Theaters, and Shows. Licenses Terminate When. See Municipal Year. 248 REVISED ORDINANCES. CHAPTER XLVII. LICENSES, DOING BUSINESS WITHOUT. Carrying on business without license. Section 1. It shall be unlawful for any person, persons, firm or corporation not having a license to carry on the business of auctioneer, employment agency or coal dealer, to display in front of, about or upon his or their premises any sign or signs or advertisements stating that any auction will be held, or that any employment will be found or will be furnished or that coal or coke is sold or orders are taken for coal or coke at said premises. Section 2. It shall be unlawful for any person not having an express license to have the words "express," "job" or "bag- gage wagon," or other like sign painted, marked or fastened on any wagon or other vehicle. Penalty. Section 3. Any person, firm, company or corporation vio- lating any provision of either of the preceding sections shall be deemed guilty of a • misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty ($50) dollars. REVISED ORDINANCES. 249 CHAPTER XLVIII. Office created. LICENSE INSPECTOR. Section 1. That the office of license inspector be and the same is hereby created. The hcense inspector shall be appointed by the mayor, subject to the approval of the city council, and shall be subject to removal at any time by the mayor with the consent of the council. Oath— Bond. Section 2. Before entering upon the discharge cf the duties of his office, said license inspector shall take an oath faithfully and impartially to discharge the duties of his office and shall enter into a bond with the city, to be approved by the mayor and covmcil, in the sum of three thousand (S3, 000) dollars con- ditioned as required by the act incorporating metropolitan cities, and he shall receive a salary at the rate of one hundred ($100) dollars a month. Duties. Section 3. It shall be the duty of said license inspector to ascertain and determine the various persons, partnerships and corporations and their respective places of business, rec|uired by law or ordinance to procure a license for the opening, conducting, managing or carrying on of any business or occupation, and to ascertain whether such persons, partnerships and corporations have procured the license recjuired to be procured Ijy them. He shall devote his entire time to the duties of his office and shall be active and vigilant in the discharge of the duties of his office and shall see that all persons violating anj'- provisions of law or of the ordinances of the city relating to licenses, or failing promptly to take out licenses as recpiired by law or the ordinances of said city, are prosecuted. He shall keep a book alphabetically arranged showing the kinds of business or occupation for Avhicl) licenses are required to be procured with the names of a]l parties who have obtained licenses, with the date thereof and the amount l)aid therefor, which book shall at all times be subject to exami- nation by the mayor or any member of the city council. 250 REVISED ORDINANCES. Said license inspector shall on the first regular meeting of ■each month report to the city council in writing, over his signature, the number of persons, firms or corporations by him examined, called upon or inquired into during the previous month, as to the matter of license as herein provided; what number, if any, were found to be operating or doing business without the required license, giving a description of the business and the name of the person, firm or corporation, and what action was taken against such person, firm or corporation so offending. Provided, that nothing in this section shall be construed as requiring the license inspector to investigate liquor licenses, or to keep any record or make anj^ report concerning liquor licenses. Said inspector is hereby prohibited from receiving, collecting, transmitting or in any way handling fees, dues or license moneys accruing or becoming due the city by reason or on account of the matter of licenses herein referred to, and any known violation of this prohibition shall be sufficient cause for the immediate re- moval of said inspector from office. Special policeman. Section 4. Said license inspector shall, by virtue of his said office, be a special policeman and shall be clothed with the power of a police officer relating to any matter in connection wth the enforcement of either the laws or ordinances concerning licenses. REVISED ORDINANCES. 251 CHAPTER XLTX. License required. LIQUOR LICENSE. Section 1. No person or co-partnership of persons shall, within the limits of the cit}^ of Omaha, either by himself, or by his or their agent or employe, sell or give away, upon any ])retext whatever, any malt, spirituous or vinous liquors, or any intoxi- cating drinks, without having first complied' with the provisions of this chapter and obtained a license as herein set forth. How issued. Section 2. Licenses for the sale of malt, spirituous and vinous liquors shall be signed by the secretary of the board of fire and police commissioners, and shall be issued over the seal of the said board. Term of license. Section 3. That all licenses for the sale of malt, spirituous and vinous liquors hereafter to be issued shall bear date on the first of January in each year, so that the license in each case shall commence with the commencement of the fiscal year. Tax. Section 4. The rate of such license tax is hereby fixed at one thousand ($1,000) dollars per annum. Application — Bond. Section 5. Applications for license to sell malt, spirituous and vinous liquors, shall be directed to the board of fire and police commissioners, stating the length of time for which license is de- sired and the place where the business is to be carried on, and shall be accompanied by a petition therefor, signed by thirty of the resident freeholders of the ward where the sale of such liquors is proposed to take place, setting forth that the applicant is a man of respectable character and standing, and a resident of this state, praying that such license may be issued to him ; such application must also be accompanied by a bond in the penal sum of five thou- sand ($5,000) dollars, payable to the state of Nebraska, executed and conditioned as required by section 7155 and 7156 of Cobbey's 252 REVISED ORDINANCES. Annotated Statutes of Nebraska, 1903; as amended ])y chapter 92 Session Laws of 1905; and further conditioned that said Hcensee will not violate any of the provisions of this chapter, and that he will pay all daniajies, fines, penalties and forfeitures which may be adjudged against him under the provisions of this chapter. Approving bond. Section 6. The board of fire and poUce commissioners are hereby constituted a board for the approval. of all bonds issued under this chapter; such board may examine any person offered as security upon any such bond under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. On one bond only. Section 7. No person who is holden, as the principal or surety upon any bond given under the provisions of this chapter shall be permitted to become a suret}^ upon any bond of like character; but this provision shall not apply to incorporated surety companies. Payment — License. Section S. The applicant for such license shall, upon filng application, petition and bond, pay to the city treasurer as ex-officio treasurer of theboard of education, the amount required as a license tax for the municipal year, to- wit : The full sum of one thousand dol- lars ($1 ,000) , taking the receipt of the city treasurer as ex-officio i reas- urerof the board of education, therefor; which receipt sliall be filed with the board of fire and police commissioners, where it shall remain if such license shall be finally issued, and the city treasurer- as ex- officio treasurer of the board of education shall hold such license money subject to disposal as herein provided. If such license to the applicant shall be refused then said receipt shall be returned to the applicant and the money by him paid to the city treasurer as ex-officio treasurer of the board of education shall be refunded upon surrender of said receipt. If such license shall be granted the said license money shall at once be placed b}^ the city treasurer as ex-officio treasurer of the board of education to the credit of the board of education. REVISED ORDINANCES. 253 Advertising application. Section 9. No action shall be taken upon said application until at least two weeks' notice of the filing of the same has been given by pubhcation in the newspaper pubHshed in his city having the largest circulation therein, which notice shall be published at the expense of the apphcant, and proof thereof filed with the board of fire and police commissioners, when, if there be no objection in writing made and filed to the issuance of said license, and other provisions of this chapter be complied with, it may be granted. License refused, when. Section 10. If there be any objection, protest or remonstrance filed within said two weeks against the issuance of said hcense, the board shall appoint a day for the hearing of said case, and if it shall be satisfactoiily proven that the applicant for license has been guilty of the violation of any one of the provisions of this chapter or of the act of the legislature, passed February 28, 1881, to regulate the license and sale of malt, spirituous and vinous liciuors, within the space of one year, or if any former license shall have been revoked for any misdemeanor against the laws of this state, then the board shall refuse to issue such license. Testimony — appeals. Section 11. On the hearing of any case arising under the provisions of the last two sections, any party interested shall have process to compel the attendance of witnesses, who shall have the same compensation as now provided by law in the district court, to be paid by the parties calHng said witnesses. The testimony on said hearing shall be reduced to writing and filed in the oflSce of application, and if any party feels himself aggrieved by the decision in said case, he may appeal therefrom to the district court and said testimony shall be transmitted to said district court, and such appeal shall be decided by the judge of such court upon said evidence alone. Contents of license. Section 12. The license shall state the time for wliich it is granted, which shall not exceed the municipal year, the place where the lic|uor is to be sold, and shall not be transferable, and any license granted luidcr this chapter may be n^voked by ihe aiiihoi'ity 254 REVISKD ORDINANCES. issuing the sauie, whenever the person licensed shall, upon due proof made, be convicted of a violation of any of the provisions of this chapter or any of the liquor laws of the state. The license shall be in the following form, as near as practicable: STATE OF NEBRASKA, ) County of Douglas, Vgs. City of Omaha. ' To all who shall see these presents: Know ye. That , having on the day of ... . A. D. 19 filed his petition and bond according to law and paid into the treasury the sum imposed on him as a vender of malt, spirituous and vinous liquors ; therefore the said is hereby authorized to sell malt, spirituous and vinous liquors at , from the date hereof to the day of A. D. 19.. .. Sale to minor, etc. Section 13. Every person licensed as herein provided who shall give or sell an}^ malt, spirituous and vinous liquors, or any intoxicating drink to any minor, apprentice or servant under twenty-one years of age, shall forfeit and pay for each offence the sum of twenty-five ($25) dollars. Misrepresenting age. Section 14. Any minor, apjM'cntice or servant who shall, for the purpose of evading the provisions of the preceding section, falsely represent his age, shall be deemed guilty of a misdemeanor and fined for each and every offense not exceeding twenty ($20) dollars or imprisoned in the county jail not exceeding thirty (30) days, or both, at the discretion of the court. Penalty for selling to certain persons. Section 15. Every person so licensed who shall sell any in- toxicating liquors to any Indian, insane person or idiot or habi- tual drunkard, shall forfeit and pay for each offense the sum of fifty (S50) dollars. Adulterated liquors. Section 16. Every person so licensed, or any other person who shall intentionally or otherwise sell or give away or direct or REVISED ORDINANCES. 255 permit any person or persons in his employ to sell or give away malt, spirituous and vinous liquors, whicli shall be adulterated with strychnine, strontia, sugar of lead or any other substance, shall forfeit and pay the sum of one hundred ($100) dollars for every such offense. An anylasis made by a practical chemist shall be deemed competent testimony under the provisions of this section. Sale on election day and Sunday. Section 17. Every person who shall sell or give away any malt, spirituous and vinous liquors on the day of any general or special election, or at any time during the first day of the week, commonly called Sunday, shall forfeit and pay for every such offense the sum of one hundred ($100) dollars. Sale without license. Section 18. The police judge of the city of Omaha, when any complaint is made before him of any person selling or giving away upon any pretext malt, spirituous and vinous liquors, or any intoxicating drinks, without having obtained the license as herein set forth, shall issue a warrant for the arrest of the offender, and if, vipon examination, the police judge shall have reason to believe the party guilty, he shall recognize him to appear at the next term of the district court in and for Douglas co\mty, as in cases of felony. Druggists' permits. Section 19. Permits to druggists to sell liquors for medicinal, mechanical and chemical purposes shall be granted by the board, upon a compliance on the part of the applicant with all the requirements of this chapter, except the payment of the license tax. Such permits to druggists shall be signed by the secretary'- of the board, and there shall be paid by the applicant to the city treasurer, upon the issuing of such permit, the sum of ten ($10) dollars for each permit as the costs for issuing the same. Compliance with state law. Section 20. Any druggist, to whom a permit shall be granted, shall comply fully with and be subject to the provisions of section twenty-six of the act of the legislature of the state of Nebraska, entitled "An act to regidate the license and sale of malt, spirit- uous and vinous liquors," passed I'obruary 28, 1881. 256 REVISED ORDINANCES. Saloon closed when. Section 21. No person so licensed shall keep open his or their saloon on Svinday, nor on week days between the hours of 12 o'clock at night and 4 o'clock in the morning, nor during such time sell, barter or in any manner dispose of any malt, spirituous and vinous liquors, and anj'' person violating the provisions of this section shall be fined one hundred ($100) dollars. Mayor may forbid sale. Section 22. The mayor, whenever in his judgment the safety of the city and its inhabitants shall require, may issue a procla- mation forbiding the sale of malt, spirituous and vinous liquors in quantities less than five gallons for any given period not to exceed twenty-four hours, and any person who shall sell any such liquors in contravention of said proclamation, shall be fined twenty-five ($25) dollars for every such offense. Duties of the chief of police. Section 23. The chief of police shall, on the first day of each and every month, ascertain and report to the board of fire and police commissioners at its first regular meeting thereafter, the names of all persons or firms engaged in the liquor traffic, and the place of business of each, and whether licensed or unlicensed, and shall notify any unlicensed liquor dealers to at once cease said traffic, and shall make complaint against all i^ersons selling liquor without license. REVISED ORDINANCES. 257 CHAPTER T.. LIVERY STABLES. Consent of property owners. Section I. It is hereby declared unlawful to erect any build- ing to be used as a livery stable, or to remodel any existing building for such purpose, or to use any building for such purpose not act- ually in use for such purpose at the time of the passage of this or- dinance, at any place in the city of Omaha, except upon the con- ditions in this chapter prescril)ed. Required signatures. Section 2. Before constructing any building for use as a livery stable within the city of Omaha, or remodeling or using any building within said city for such purpose, the party or parties desiring to construct, remodel or use any such building for such purpose shall first obtain the written consent and authority of a majority of the owners of the lots and real estate for a distance of 300 feet of the proposed building to be used for such purpose, and file such permision with the building inspector, and comply with all other ordinances, rules and regulations relating to buildings. Nuisance — Penalty. Section 3. Any building hereafter constructed or remodeled for use as a livery stable, and any building not now used as a livery stable within the limits prescribed by section 1 which shall hereafter be used for a livery stable without first obtaining the written per- mission of property owners as required by section 2 shall be deem- ed and declared a nuisance, and any person or persons constructing or remodeling or using such building without obtaining such per- mission and complying with the conditions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $100, and each week any such building shall be used for such purpose in violation of the pro- visions of this chapter shall be deemed and considered and held to be a distinct offence. Loan Brokers. See Pawnbrokers and Chattel Loan Brokers. Loiterers. See Misdemeanors, Section 5. Lottery. See Misdemeanors, Sections 53 and 51. 258 REVISED ORDINANCES. CHAPTER LI. License. LUNCH WAGONS. Section 1. It is hereby declared unlawful for any person or persons to peddle cooked refreshments or lunch in and alono; the public streets or alleys of the city of Omaha without first procuring a license as herein required. Classes and fees. Section 2. Persons peddling cooked refreshments or lunch from vehicles within the city of Omaha shall be divided by the license inspector into 'three classes, as follows, to-wdt: Those using large sized vehicles shall be class A. Those using medium sized vehicles shall be Class B. Those using small sized vehicles shall be Class C. And the}^ shall be required to pay license fees, as follows, to- wit : Class A, $50.00 per year or fraction of a year. Class B, $40.00 per year or fraction of a year. Class C, $30.00 per year or fraction of a year. Any person peddling cooked refreshments or lunch and car- rying his or her wares shall pay a license fee of $15.00 per year or fraction of a year. No license shall be issued for any longer period than as herein specified, and all such licenses shall expire on De- cember 31 of the year in which they are issued. Upon payment to the city clerk of either of the amounts above specified, the city clerk shall issue the required license. _ i Peddler identification. Section 3. Every peddler of cooked refreshments or lunch shall wear, conspicuously, on his outer garment, a badge or metal shield, upon which shall be inscribed the words "Lunch Peddler" and his number ; and every peddler using a wagon or vehicle of any description shall have a tin or metal sign, upon which shall be printed the words: "Lunch Peddler," and his numlter, in letters not less than two inches in height, fastened conspicuously upon each side of 'his wagon or vehicle; said badge and sign shall be REVISED ORm NANCES. 259 furnished by the license Inspector free of charge and must be removed upon the expiration of the time for which such license was issued. No person peddling cooked refreshments or lunch, duly li- censed under this chapter shall have an assistant while so en- gaged. Penalty. Section 4. Any person licensed as aforesaid who shall be guilty of fraud, cheat, misrepresentation or imposition, or who shall neglect or refuse to comply with, or shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5.00 nor more than $50.00 or be imprisoned not exceeding thirty days. 260 REVISED ORDINANCES. CHAPTER LII. MARKETS AND MARKET HOUSES. Market master. Section 1. Upon the sixth Tuesday after each general city- election a market master shall be appointed by the mayor subject to the approval of the city council, who shall hold said office during the term of the mayor making such appointment. The market master shall perform the duties herein required, or which may be required by ordinance or concurrent resolution, and shall re- ceive compensation at the rate of One Hundred Dollars per month during the time designated by the mayor and council, b}' concurrent resolution, in each year. Provided. That the mayor with the approval of the city council, shall have the right at any time, to remove such market master, and the powers and com- pensation of such market master shall thereupon cease and be at an end. The market master shall give bond in proper form in the sum of 83,000.00 to be approved by the mayor and council, conditioned as required by the act incorporating metropolitan cities. • It shall be the duty of the market master at the time desig- nated by the m.ayor and council in each year, to cause spaces or stalls to be measured, marked and numtiered in a suitable man- ner along the curb of Capitol avenue. Special policeman. Section 2. Said market master shall by virtue of his said office, be a special policeman, and be clothed with the power of a police officer in any matter relating to the enforcement of or- dinances or rules governing markets or market places. Cuming street market. Section 3, That that part of 21st street between Burt and Cuming street in tlie city of Omaha, be and the same is hereby set aside for a grain, hay and produce market; Provided, That such market shall be subject to such rules and regulations as the mayor and council by ordinance ma}^ see fit; and ProHded Fur- ther, That said part of said streets shall not be so obstructed as to interfere with the free passage of pedestrians and vehicles. REVISED ORDINANCES. 261 Hay market. Section 4. That the public hay market for that portion of the city of Omaha south of Farnam street is hereby designated and located on Jackson street between thirteenth and fifteenth streets in said city. Wholesale market. Section 5. That a wholesale market place in the city of Omaha is hereby established at and along Howard street from the west line of 9th street to the east line of 11th street, and along 11th street from the north line of Howard street to the south line of Harney street, and upon lots 5 and 6, block 164, in said city of Omaha, for the sale, at wiiolesale of fruits, vegetables, garden truck, farm products, and such other articles, products and com- modities as are usually exposed for sale in public market places in cities, but not to include hay and grain. Market master. Section 6. That said market place established by this or- dinance shall be under the supervision and direction of the market master of the city of Omaha. Market day. Section 7, Each and every day, except Sunday, from day break until 12 o'clock noon, during the time to be designated by the mayor and council in each year, shall be deemed a market day at said market place." Stalls. Section S. It shall be the duty of the market master at the time designated by the mayor and council in each year to cause spaces or stalls to be measured; marked and numbered in a suit- able manner along Howard street from the west line of 9th street to the east line of 11th street, according to plans for stalls and spaces heretofore prepared and approved; and as soon as practic- able after the close of each market day to cause all dirt, litter, rubbish or other refuse which may have accumulated or exists along said stalls or spaces or upon the street or sidewalks immedi- ately adjacent thereto, to be put in a clean and sanitary condition. 262 REVISED ORmNANCES. Regulation, Lease. Section 9. The market master is hereby authorized and em- powered to determine and regulate the use of said market place and stalls and to lease the same to market gardeners and growers of fruits, vegetables and farm produce, except hay and grain, and to collect a rental for said stalls and spaces, giving receipts therefor, as herein prescribed. Provided, however, that nothing herein shall be construed to authorize the market master to regulate the use of the stalls or spaces upon lots 5 and 6, in block 164, city of Omaha. Rental. Section 10. The rental of each of said stalls or spaces shall be at the rate of ten cents per market day. Provided, However, that nothing herein shall be construed to authorize the market mas- ter to demand, collect or receive rent for stalls or spaces upon lots 5 and 6, block 164, city of Omaha, herein set apart as a wholesale market place; and Provided Further, that the said stalls and spaces shall not be used for market purposes at any other time than herein prescribed. Any stall not occupied by the party who may have leased the same at or before one hour after day break shall be subject to disposal for said market day by the mar- ket master to any person who shall be disposed to occupy the same for said market day. Duties of comptroller and master. Section 11. The city comptroller shall furnish to the market master suitable receipt book attached to stubs, the stubs and re- ceipts to be successively numbered corresponding to each other, and it shall be unlawful for the market master to accept any money or thing of value for any stall or space in or along said mar- ket place without giving a receipt therefor, or to give any receipt other than as furnished by the comptroller, or to make a receipt differing in any material respect from the entry made on the stub. It shall be the duty of the market master to turn over to the comp- troller, on the first day of each month the stubs of all receipts by him issued dviring the prceeeding month, and to pay over to the city treasurer, daily, all moneys by him received or collected for the use of any stall or space or other privilege granted by him as such market master. Any violation of the provisions of this sec- tion shall subject the market master to immediate removal. REVISED ORDINANCES. 263 Privileges of stall renters. Section 12. Any person who- has paid the rental for the use of any stall or space in this market place established by this chapter shall upon the presentation of the receipt of the market master showing said payment, be entitled to the use without fur- ther charge of any space or place in any other market place established in the city of Omaha as may be assigned to him by the market master of said city of Omaha. How used. Section 13. It shall be unlawful for any person to sell or offer for sale at retail, any fruits, vegetables, garden truck, farm products and such other articles, products and commodities as are usually exposed for sale in public market places, at or in the market place established by section 5 of this chapter, and it shall be unlawful for any person to sell or offer for sale at wholesale any fruitfe, vegetables, garden truck, farm products, and such other articles, products and commodities as are usually exposed for sale in public market places in the city at or in the market place estab- lished by this chapter at or after 12 o'clock M. on any day. Any person who shall violate the provisions of this section or shall fail to observe or comply with any reasonable requirement of tlje market master with reference to the use and occupation of said spaces and stalls, or who shall use or occ\ipy or attempt to use or occupy any such stall or space without paying the rental therefor as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding S50 or imprisoned not exceeding ten days, or both fined and im- prisoned in the discretion of the court. Provided, that the pro- visions of this section relating to time shall not apply to the mar- ket carried on upon lots 5 and 6. block 164, city of Omaha, Neb- braska. Special policeman. Section 14. Said market master shall, by virtue of his office be a special policemen, and be clothed with the power of a police officer in any matter relating to the enforcement of the provision of this chapter. 264 REVISED ORDINANCES. Market house site. Section 15. That so much of Capitol avenue in the city of Omaha between the west Une of 13th street and the east hne of 14th street as is described as follows, to-wit : Beginning at a point twenty-four (24) feet north of the center line of Capitol avenue in the city of Omaha on the west line of 13th street, thence west parallel to said center line two hundred sixty-four (264) feet to the east line of 14th street, thence south on said east line of 14th street forty-eight (4cS) feet, thence east parallel to said center line of Capitol avenue two hundred sixty-four (264) feet to the west line of 13th street thence north forty-eight (48) feet to the place of beginning, be and the same is hereby appropriated for the uses and purposes of and site for a market house to be owned and con- ducted by the city of Omaha so long as the same shall be so used. Market house. Section 16. It is hereby made the duty of the market mas- ter of the city to locate and erect upon the site aforesaid a market house for the use of the city in accordance with the plans and specifications heretofore approved and which shall be made to conform to said site, and the said market master is hereby required to proceed at once to the erection of such portion of the said market hovise, according to said plans, as can be erected ready for use within the appropriatioji of fifteen thousand ($15,000) dollars heretofore made therefor and to make on behalf of the city all necessary contracts therefor in the manner provided by law, subject to the approval of the mayor and council. Meat Inspector. See Veterinary Surojcon. Meat, Sale Without License. See Fish. Merry-go -Eound, License for. See Street Sales, Section 6, Milk Inspector, Duties. See Sanitary Resiilations. REVISED ORDINANCES. 265 CHAPTER LTII. License fees. MILK— VENDERS OF. Section 1. Xo person or persons, firm or corporation shall sell offer for sale, expose for sale or keep for sale, in the city of Omaha, any milk or cream without first obtaining a license as by this chapter provided. Every person, firm or corporation producing milk or cream for sale and selling the same in the city of Omaha, and CA-ery person, firm or corporation selling or offering for sale, or keeping for sale, any milk or cream from an}' milk depot, store, or other estab- lishment or place of business in the city of Omaha, and every person selling or delivering milk from any wagon or other vehicle within the city of Omaha shall pay a license fee of ten ($10.00) dollars per year; Provided, That when more than one wagon or other vehicle is used by any person, firm or corporation in the delivery of milk or cream in the city of Omaha, an additional license fee of ten ($10.00) dollars per year shall be paid for each additional wagon, and. Provided, Further that any person owning less than ten (10) cows and delivering milk by hand, or from his or her residense, shall pay a license fee of one dollor ($1.00) for each cow, and any person selling milk from any store or other place of business, and selling less than ten gallons per day. shall pay a license fee of five ($5.00) dollars. Xo license shall be issued for less period than six months, and all licenses shall expire June '30. or Decembes 31 of each year. Before the issuance of the license every vender of milk or cream shall make a written application therefor on a printed form provided for that purpose, which shall bo filed with the commis- sioner of health, on which shall be 'Stated: First. The name and residence of the applicant, or if a firm, the name and residence of each of the members of said firm, or if a corporation, the name and resi(U'nce of the presidcMit and secretary of said corporation. Second. Tlic location of the lousiness place or places of the applicant, giving street and number, and the nain(> and residence of the person in charge of each. 266 REVISED ORDINANCES. Third. A description of each and every wa,£on or other other vehicle used in the dehvery of milk or cream, and the number used to designate each. Fourth. The location of the dairy or source of supply. Fifth. The number of cows, if any owned or controlled by the applicant. If said application is allowed by the health commissioner a certificate to that effect shall be given to the applicant. The city clerk, on delivery to him of such certificate from the health commissioner, and payment to him of the license fee herein provided for shall deliver to said applicant a license as herein ])rovided. If, after the issuance of the license, any change be made in the firm, officers, managers, superintendents, location, wagons or other vehicles, personal notice thereof must be given to the health commissioner for insertion and correction in the records of the department, and such changes shall be noted in writing by the health commissioner on the license. Drivers Certificate. Section 2. Every vendor of milk or cream shall present to and file with the health commissioner a written application from each driver or employee employed by him for the purpose of carrying or delivering milk or cream, for a certificate to be issued to .each driver or employee, which application shall state the name, age and residence of such employee, the name and place of business of the party or parties by whom he is employed and the number used to designate the wagon or other vehicle, if any, to be driven by him. Upon the filing of such application, if a license shall have been issued to the vender, there shall be issued to the driver or employee by the health commissioner a certificate, which certificate shall state the name and residence of such driver or employee, the name and place of business of the employer and the number of the wagon or other vehicle, if any, which he is authorized to drive. All certificates shall run for the same period of time as the license under which such certificates are issued. Such certificate shall be carried by said driver, or employee at all times when vending, carrying and delivering milk or cream, and shall be produced and exhibited upon a demand made therefor. No person shall be employed in carrj^ing or delivering milk or cream without a certificate therefor as above provided. REVISED ORDINANCES. 267 Not transferable. Section 3. No license or certificate shall be sold, assigned, loaned or transferred, or be placed in the care, custody, control or possession of another not entitled thereto. Tin tag. Section 4. All wagons or other vehicles used for the delivery of milk or cream within the city of Omaha shall have a tin plate firmly attached to each side of said wagon or vehicle in a conspi- cous place, on which shall be painted the number of the license of the owner of said wagon or vehicle, said number to be printed thereon plainly and legibly, said tin plate and number to be fur- nished by the license inspector free of charge at the time of obtain- ing the license. 268 REVISED ORDINANCES. CHAPTER LIY. MISDEMEANORS. Section Advertisement, defacing, etc 42 Air, tainting the 55 Animals at large 37 Animals on sidewalks, etc 38 Bagatelle tables 88, 91 Ball playing on streets 86-7 Barbed wire fences 31 Barricades, removal of 71, 72 Beggars, unsightly 18 Branches of trees overhanging side- walk 34 Bread, weight of 43 Birds, killing of, etc 12, 14 Bulletin board city hall, destroying notices, etc., on 93 Burglars' tools 9 Carcasses of animals, etc., exposed. . 61 Carnival, throwing substances at. . . . 75 Cellars, etc., damp 64 Cemeteries, fast driving in 95 Cigarettes, furnishing to minors 96 Circulars 92 Coasting 30 Concealed weapons 10 Cruelty to animals 11 Dangerous animals 23 Disorderly houses 48 Disturbing assemblages 6 Disturbing peace, penalty 1 Dog fighting 8 Doves, trapping, etc 13 Drunkeness on street and private property 2 Dumping ashes 81 Excavating lots, contiguous to side- walks 35 Explosives on railway or street rail- way 107 Fast driving 27 Fences, etc., injury to 41 Fighting, disorderly house 48 Fire arms 84, 85 Fire "rms, sale to persons under eigh- teen 103, 104 Fire .rackers, giant 83, 85, 105, 106 Fire rackers, etc 29 Fist fighting 8 Fun^r 1 procession, interference with 101, 102 G lino; 48, 49, 50 Gr ; i in street, injury to . . 36 T^ I nils 92 H* in-' to lamp posts n r nts 33 H-- 5 -n sidewalks 28 Section Indecent conduct 15 Indecent dress, nudity 16 Indecent exhibitions of animals .... 21 Larceny 77 Locomotive whistles and bells, un- necessary sounding 99, 100 Loitering 5 Lottery 53, 54 Material on streets 35 Medicine samples, not to be thrown into yards 110, 111 Nuisances 63, 70 Obscene literature 19 Offensive matter in street, etc 61 Opium joints 51, 52 Parades, throwing substances at ... . 75 Posters, unlawfuUyplaced 40 Privies, construction of, leaking, etc., 62,63 Prize fighting 8 Prostitutes 17 Prostitutes, no fines to be collected from 47 Prostitution, houses of 47 Prostitution 108, 109 Prostitution, houses of, owner, etc . . 47 Public buildings, signs on, etc 39 Refuse in streets, etc,, duty of abutt- ing owners 73, 74 Rubbish throwing in gutter, etc 24,25, 26 Sidewalks, obstruction of 82 Sign board, etc., injury to 41 Signs, posting on sidewalk, etc 80 Signs, unlawfully placed 40 Slaughter houses, etc., protest 56,57,58 Smoke-stacks 68, 70 Sod, removing from street and other places 45 Stores, open Sunday 78, 79 Street shows 22 Structure in street 59, 60 Sweeping sidewalks 24 Swindlers 3 Taking dirt from streets 32 Tenement houses, etc., light and venti- lation 65 Threats 76 Throwing at lamp posts or lamps. ... 33 Trees, defacing, signs on, etc 39 Trees, etc., on private grounds, injury to 46 Trees in street, injury to 36 REVISED ORDINANCES. 269 Section Section Trespass on private grounds 46 Waste paper boxes on street, use of, Trespass on unoccupied premises .... 94 97, 98 Unlawful assembling 7 Water, offensive, pools 66 Venereal disefjse literature 20 Water, stopping in street, sewers, etc 44 Vagrants, defined, penalty 3, 4 Disturbing the peace — Penalty. Section 1. It shall be unlawful for any person to disturb the good order or peace of the city of Omaha by making any loud or unusual noise; or by fighting or threatening to fight; or by tumultuous threatenings. or offensive carriage; or by vising an}^ abusive, obscene or profane language in the streets or other places to the annoyance of citizens. Any person who shall violate any of the provisions of this section, shall, on conviction thereof be fined in any sum not exceeding one hundred ($100) dollars, or be imprisoned not exceeding thirty (30) days. Being drunk on the streets or premises of another. Section 2. Any person who shall be drunk in any street, alley, park or other pul)lic place within the city, or in or upon the premises of another without the consent of the owner or oc- cupant thereof, or who shall be drank and disorderly in any private house or place to sucli an extent as to jeopardize any person or property, or as to be injurious to the public morals, shall upon conviction thereof, be fined in a sum not less than one ($1) dollar, nor more than twenty-five ($25) dollars, or be imprisoned not exceeding thirty (30) days. Vagrants and swindlers. Section 3. Any and all persons who shall loiter about the city for the space of ten days without having some known legal occupation or means of support, and all suspicious persons who can give no reasonable account of themselves, which said classes of persons are usually termed vagrants, and all watch stuffers, and all other persons who shall practice the game known as three-card monte or any game, trick or device with intent to swindle, may be arrested with or witho\it a warrant, by the chief of police, or any policeman of the city, and upon conviction, shall be deemed guilty of a misdemeanor and shall he Fined in any sum not exceeding fifty ($50) dollars, or be imprisoned for a lei-m in)t exceeding thirty (30) days. 270 REVISED ORDINANCES. Vagrant defined. Section 4. A vagrant withii\ the meaning of this section shall be deemed to be any person able to work and support himself, or herself, in any honest and respectable calhng, trade or business, who lives idly and without any visiVjle means to support himself or herself; and P'irst — Who shall be found loitering or strolling about in any street, avenue, alley, park or any public or private place within the city; or Second — Who shall go about begging in any part of the city, not having any regular lawful business; or Third — Who shall occupy for the purpose of lodging, any barn, shed, shop or place other than such as is provided for that purpose, without permission of the owner or person entitled to possession thereof ; or Fourth — Who shall be the keeper, proprietor or exhibitor of any device, or wdio shall be an assistant or attendant at any de- vice; or Fifth — Who, for the purpose of gaming or gambling, travels about from place to place, or frequents saloons, beer houses, rail- road cars, trains or depots in this city for that purpose; or Sixth — Upon whom shall be found any instrument or thing used for the commission of burglary, or for picking locks, or pock- ets, and who shall fail to give a good account of the possession of the same; or Seventh — Who shall be engaged in any fraudulent scheme, device or trick upon the streets, thoroughfares or pubhc places or esle where in the city. Any person who shall be convicted of being a vagrant under any provision of this section shall be fined in any sum not exceeding fifty (SoO) dollars or be imprisoned not exceeding thirty (30) days. Loitering at street corners, etc. Section 5. Any person who shall be found loitering at the corners of streets or in the vicinity of any place of amusement, hotel or other public place, and refuse to disperse or vacate such place when requested so to do by any police officer of the city, shall, upon conviction thereof be fined in a sum not exceeding twenty-five (•$25) dollars, or be imprisoned not exceeding thirty (30) days. REVISED ORDINANCES. 271 Disturbing assemblages. Section 6. Any person who shall disturb any lawful assem- blage of people, or who shall disquiet or disturb any congregation or assembly, for religious worship by making any noise, or by rude or indecent behavior, shall, upon conviction thereof, be fined in any sum not exceeding one hundred (1100) dollars or to be im- prisoned not exceeding thirty (30) days. Unlawful assembling. Section 7. Any two or more persons who shall assemble together in this city with an intent to do an unlawful act, or being assembled shall mutually argee, or act in concert, to do an un- lawful act with force or violence against the property of the city or the person or property of another, or against the peace and to the terror, annoyance or injury of others and shall make any move or preparation therefor, and every person present at such meeting or assembly who shall not endeavor to prevent the commission (^r perpetration of such unlawful act shall, upon conviction thereof, be severally fined in a sum not exceeding one hundred ($100) dollars or be imprisoned not exceeding thirty (30) days, for each and every offense. Prize fighting — Dog fighting. Section S. Any person who shall promote, engage in or be concerned in any prize fight, fist fight, dog fight or contest in any house, or upon any premises in his possession or under nis con- trol, within this city, shall, upon conviction thereof, be fined not less than five ($5) dollars nor more than one hundred (SlOO) dollars, or be imprisont-d not to exceed thirty (30) days. Burglars' tools. Section 9. It shall be unlawful for an}^ person to have in his possession any nippers of the description known as burglar's nippers, pick lock, skeleton key, key to l>e used with bit or bits, jimmey or other burglars' instrument or tool of whatsoever kind or description, unless it be showji that such possession is innocent or for lawful purpose; and any person violating any provision of this section, shall, upon conviction, be fined in a sum of not less than ten (SIO) dollars nor more than one' hundred ($100) dollars, or he imprisoned not cxci^c'diiig thirty (30) days. 272 REVISED ORDINANCES. Concealed weapons. Section 10. It shall be unlawful for any person to wear un- der his clothes, or concealed about his person, any pistol or re- volver, colt, billy, slung-shot, brass knuckles or knuckles of lead, dirk, dagoer. or any knife resembling a bowie knife, or any other dangerous or deadly weapon within the corporate limits of the city of Omaha. And any person guilty of a violation of this section shall on conviction, be fined not exceeding one iiundred ($100) dollars for each and every offense; nothing in this section, how- ever, shall be so construed as to prevent the United States mar- shals and their deputies, sheriffs and their deputies, regular or special police officers of the city, from carrying or wearing such weapons as may be deemed necessary in the proper discharge of theif duties. Provided, Hoivever, If it shall be proved from the testimony on the trial of any such case, that the accused was, at the time of carrying any weapon as aforesaid, engaged in the pur- suit of any lawful business, calling or employment and the cir- cumstances in which he was placed at the time aforesaid were such as to justify a prudent man in carrying the weapon or weapons aforesaid, for the defense of his person, property or family, the accused shall be acquitted. . Whenever any police officer shall make an arrest of a person having concealed on or about his person any weapon or weapons, as specified in this section, it shall be such officer's duty to take from such person arrested the weapon or Vv'eapons found upon him at the time of his arrest, and to retain the same, to abide such or- der concerning the same as may be made b}' the police judge. Inhuman treatment of dumb animals. Section 11. It shall be unlawful for any person to cruelly, inhumanly or unnecessarily beat, injure, overload or overwork, or to insufficently shelter or feed any horse, mule or dumb animal, or to drive, I'ide or work or cause to be ridden, driven or worked any horse, mule or dumb animal, which by reason of an}^ deformity, injury or disease or other cause whatsoever, shall be incapable of being ridden, driven or worked without suffering pain or great annoyance from such deformity, injury, disease or other cause, or to otherwise abuse any dumb animal within the limits of the city of (!)maha. or to encourage or urge any dogs or other animals to fight in said city, and every person violating any provision of this section shall, on conviction thereof, be fined not exceeding fifty ($50) dollars or be imprisoned not to exceed thirty (30) days. REVISED ORDINANCES. 273 Killing birds. Section 12. Every person who shall kill or wound, or at- tempt to kill or wound by the use of fire arms, bow and arrow, pelting with stones or otherwise, any bird within the city limits, or shoot an arrow, or throw a stone or club, or other missile at any bird within. any private grounds, or public park, square or grounds, (such bird not being the property of the person so offending) or enter upon any private enclosure, or public grounds belonging to the city, for the purpose of doing any act prohibited in this section, shall, upon conviction, be fined not exceeding twenty-five ($25) dollars for each and every offense. Trapping doves. Section 13. Any ))erson who shall, within this city, kill, trap or ensnare or attempt to kill, trap or ensnare, take or carry away any dove (without the consent of the owner thereof) shall, upon conviction thereof, be fined in a sum not exceeding twenty- five ($25) dollars. Injuring birds or nests or eggs. Section 14. It shall be unlawful for any boy or other person at any time within the corporate limits of the city of Omaha to shoot or shoot at any bird with any gun, air gun, rifle, sling-shot, or other device, or to throw at, frighten, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any bird, or in any manner molest or injure the nest, eggs or young of any bird or to have in his or their possession the nest, eggs, young or body of any bird. It is also hereby declared unlawful for any boy or other j^erson to carry or have on his or their person any gun, air gun. rifle, sling-shot or other similar device, with the intent or pur]:)ose of shooting at or throwing at any bird or other- wise injuring or frightening any bird within the city limits. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding twenty-five dollars ($25.00) and in addition to such fine may be imprisoned not exceeding ten (10) days. Indecent conduct. Section 15. Any person wlio shall indulge in any indecent or disorderly conduct, oi- in any l(>wd or lascivious behavior in any street, alley or other ])ublic plac(> in the city of Omaha, or who 274 REVISED ORDINANCES. shall commit any indecent, immodest or filthy act within the limits of said city in the presence of any person, or in such a situation that persons passing might ordinarily see the same, shall be deem- ed guilty of a misdemeanor, and npon conviction thereof, shall be fined not exceeding fifty ($50) dollars, or imprisoned not to exceed thirty (30) days, or both, in the discretion of the court. Improper dress. Section 16. Any person who shall appear upon any public street or alley or in any public place in the city of Omaha, in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding thirty ($m dollars. Prostitutes. Section "17. Any prostitute, courtesan or lewd woman who shall by sign, word or action endeavor to ply her vocation upon the streets or in any public place, or at the door or window of the house or room occupied by her, or shall endeavor by her dress or any sign, gesture or action to induce or prevail upon any person to enter the house or room so occupied by her, or shall make any bold or meretricious display of herself, either upon the public streets or in any public place or at any window or door-way of any house or room so occupied by her or in which she may be, shall, upon conviction thereof, be fined in any sum not exceeding fifty (-SoO) dollars, and it shall contsitute no defense whatever to this section that any such prostitute, courtesan or lewd woman is or has been occupying any such house or room alone, and that there are no other regular or special occupants thereof, and the reputation of any such house or room shall be a matter proper for and subject to judicial inquiry. Unsightly beggars. Section 18. No person who is in nny way 'diseased, maimed, mutilated or in any way deformed so as to be an unsightly or dis- gusting object shall expose himself or herself to public view upon any street, sidewalk or in any park or other public place for the purpose of soliciting alms or exciting sympathy, interest or curi- osity, under a penalty of not exceeding five ($5) dollars for each offense. REVISED ORDINANCES. 275 Lewd books. Section 19. It shall hv unlawful for any person to sell or distribute or aid in the sale or distribution or have in his or her possession with the intent to sell or distribute, or cause to be dis- tributed, or to exhibit or circulate or cause to be exhibited or circulated, any obscene, indecent or lewd book, pamphlet, maga- zine, story paper, newspaper, picture, photograph, model or cast, or other thing whatever of an immoral or scandalous nature, or to exhibit or perform any indecent, immoral or lewd play or other representation, or to sell or distribute, or cause to be sold or dis- tributed, or aid in the sale or distribution, or have in his or her possession for sale or distribution, or with the intent to sell orv distribute, any book, pamphlet, magazine, newspaper, story paper, or other paper devoted to the publication, or principally made up of criminal news, police reports, or accounts of criminal deeds and immoral acts, or pictvires and stories of immoral deeds, lust or or crime, or to sell to, or use, or employ any minor child, or aid in the sellins; to, or using or employing of any minor child to give away, sell or distribute any such books, papers or magazines above described, in or upon any street, avenue, sidewalk, park or other public pliace within the city of Omaha, or within three miles of the corporate limits thereof. Any person violating any provision of this section, upon conviction thereof, shall be liaed in any sum not exceeding one hundred ($100) dollars for each offense, or be iniprisoned not exceeding ninety days. Venereal disease literature. Section 20. It shall be mdawful for any ]ierson to sell or offer to sell, give away or oft"er to give away, distribute or have in his or her possession with intent to give aw^ay, sell, distribute or cause to be distributed in or upon any street, avenue, sidewalk, park or other public place in the city of Omaha, any book, pamph- let, circular, handbill, advertisement, or notice of any kind, pur- porting to treat, or treating of diseases known as "venereal dis- eases" or giving information from whom or where medicine or treatment of any such disease can be obtained or describing or exi)lai'iing. or purjxjrting' to describe or ex]>lain, the genital organs, giving or ])urporting to give, the nature and remedies of disease pecuUar to females, or of uterine disease, or the nature or cause of nervous debility, im])otence, sterility, or barreimess, gonorrhoea, gleet, strictur(\ sy]:)hilis, affectif)n of the prostate gland, or the 276 RICVISED ORDINANCES. venietlies thereof, or the cause or remedy for abortion or mis- carriage, or articles or means for preventing conception; and any person who shall be convicted of a violation of this section, or any of its provisions, shall upon conviction, for each offense, be fined in a sum not less than five ($5) dollars nor more than one himdred ($100) dollars, or be imprisoned not exceeding thirty (30) days. Indecently exhibiting animals. Section 21. No person shall indecently exhibit any horse, jack, or other aniiiial, or let any horse or jack to any mare or jenny, or any bull to any cow or cows, within the limits of this city, un- less in some place wholly enclosed and out of public view; and any person so doing shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding fifty (*50) dollars for each and every offense. Street shows. Section 22. Xo pej'son shall engage in any game, sport, amusement, or exhibit any machine, or show, or indulge in any acrobatic feat, or do anything else in the street, or upon the side- walk, which will have a tendency to frighten horses, or which shall collect any crowd of boys or men, so as to interfere with the pass- age of teams or vehicles, or persons passing along the streets or sidew^alks. Any person who shall violate any of the provisions of this section shall be fined not exceeding twenty-five ($25) dollars for each and every offense. Dangerous animals at large. Section 23. No person shall permit any bear or any other noxious or dangerous animal to run at large, or shall lead any such animal with a chain or rope, or other appliance, whether such animal be nuizzled or unnuizzled, in any street, avenue, alley, highway or public place within the corporate limits of the city of Omaha, under a penalty of not exceeding fifty ($.50) dollars for each offense. Leaving nails, glass, etc., in the streets. Sectioii 24. It is hereby declared unlawful for any person to throw, drop, place or sweep upon any sidewalk along any paved street or alley in the city of Omaha or to throw, drop, place or REVISKU ORDINANCES. • 277 lojive in any gutter of any paved street or alley in the city of Omaha, or to throw, drop, leave or place upon the pavement of any street or alley of the city of Omaha any papers, sweepings, •straw, filth or rubbish of any kind or description, or to throw, place or leave upon any sidewalk, gutter or street in the city of Omaha any dead rat, or other dead animal, or any other thing which may cause a litter or nuisance, and any person doing any siich iinlawfid act, and any firm, company or corporation owning or occupying any store, office or other building in the city of Omaha who shall authorize, permit or allow any sweepings, paper, rubbish or other thing herein specified to be thrown, placed or left upon any paved street or alley or upon any sidewalk or in any gutter of any paved street shall be deeemd guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceed- ing one hundred (SlOO) dollars for each and every ofTense. And it is hereby further declared unlawful for any person, firm, com- pany or corporation to sweep or authorize or permit to be swept in front of his or its premises any sidewalk in front of any store, office l)uilding or other business building along, any paved street in the city of Omaha between the hours of 8 o'clock a. m. and 10 o'clock p. m., and any person so sweeping or auhtorizing or allow^- ing such sweeping of any such sidewalk between said hours of 8 o'clock a. m. and 10 o'clock p. m. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding ten ($10) dollars; Provided, However, that the foregoing provision relating to sweeping sidewalks shall not apply to sweeping any snow which maj^ fall upon or acciimulate thereon. Littering street. Section 25. No person shall throw, cast, lay or drop on any sidewalk or crossing in the city of Omaha, the rind or peel of any orange, banana, apple or other fruit; any person violating the above provisions of this section shall be guilty of a misdemeanor and shall, on conviction thereof, be fined not to exceed ten ($10) dollars for each offense. Warning cards. Section 26. Each and every vendor at retail of oranges and bananas shall keep posted in a conspicuous place on his fruit stand, a printed card which shall bear the inscription in large 278 REVISED ORUIXANCES. letters the following in substance: "For throwing the rind or peel of bananas or other fruit on sidewalks, ten (SIO) dollars fine," which shall bear printed iit the foot thereof, the name of the chief of police. Any retail vendor of oranges and bananas who refuses or neglects to comply with said provision of this section, shall be guilty of a misdemeanor, and on conviction thereof, shall be liable to a fine of ten ($10) dollars for each offense; Proinded, such vendor shall have been supplied with said card by the chief of ]iolice, or any policeman. It is hereby made the duty of the chief of police, each year, to ]3rovide such vendors with such printed cards at the expense of the citv, which shall be paid as an expense of his office and he shall see that the said requirements are enforced. The dimensions of said cards shall not be less than 12 by 12 inclies. Fast driving. Section 27. If any person or persons shall furiously or im- moderately ride or drive any horse, nmle or other aninuil or animals, at a greater speed than ordinar}- travel on the highway, on any street or avenue in the city of Omaha, such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not to exceed twenty ($20) dollars. It shall be the duty of the chief of police and members of the police force to arrest forthwith all persons violating the provisions of this section. Horses on sidewalks. Section 28. If any person shall ride or drive any horse, mule or other animal or drive any vehicle upon any sidewalk in the city of Omaha, or suffer any horse or other animal to stand thereon, such person shall on conviction thereof, be fined in any sum not to exceed ten (SIO) dollars. Fire-arms, fire-crackers and fire-works. Section 29. If any person shall unnecessarily discharge any fire-arm, or shoot off any fire-cracker, or other fire-works, or shall U2;ht or throw any fire-ball or cracker in said city, without the permission of the mayor, such person so doing shall, on conviction thereof, be fined in any sum not exceeding twenty (S20) dollars. The city council may by resolution suspend the operation of the REVISED ORDINANCES. 279 above provision of this section on the fourth of July or any other day of pubhc rejoicing. Coasting. Section 30. It shall be unlawful for any boy or boys, person or persons, to coast or slide down hill with any sled, sleigh, coaster, traveler, toboggan or other like conveyance or device upon any public street, sidewalk or alley within the city of Omaha. Any boy or other person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding tAvo ($2) dollars. Barbed wire. Section ol. It shall be unlawful for any person, corporation or association of persons to erect, or cause to be erected or to maintain any barbed wire fence within the limits of the city of Omaha, and any person, corporation or association of persons so erecting, causing to be erected or maintained any such fence, shall be deemed guilty of committing a nuisance, and on con- viction thereof, shall be fined in any sum not exceeding fifty (S50) dollars. Taking dirt out of street. Section 32. It is hereby declared unlawful for any person to remove, disturb or take away from any street, avenue, alley or public ground within the city of Omaha, any flirt, earth, stones or other material forming a part of such street, avenue, alley or publi-,- grounds without first having obtained permission so to do from the city council of the city of Omaha. When such permission to remove or take away from any street, avenue, alley or public ground shall be given to any person or persons, such removal or taking away shall be under the general direction or supervision of the street commissioner of the city of Omaha. Any person violating any provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding one hundred ($100) dollars. Fastening to lamp posts or hydrants— ^Attempt to break lamps. Section 33. It shall be unlawful for any person or persons to hitch or fasten any horses or any other animal to any lamp post or water hydrant in the city of Omaha, or to throw any sub- 280 RPJVISED ORDINANCES. stance or anything at or against any lamp post or lanip with intent to break the same. Any persun violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not to exceed fifty (S50) dollars or be imprisoned not to exceed ten (10) days, or both. Overhanging branches. Section 31. The limljs or branches of any tree projecting or extending within eight feet over any sidewalk shall be and hereby is declared a nuisance. -\ny person, whether as owner or occupier of any premises, who shall permit or allow the limbs or branches of any tree in front of or adjacent to such premises, to project, extend, or descend within eight feet over any sidewalk, upon any street or avenue, shall be deemed guilty of permitting and main- taining a nuisance, and upon conviction thereof, shall be fined in any sum not exceeding fifty ($50) dollars. Piling material on the streets — Excavating lots. Section 35. if any person shall place or leave any pile of lumljer, wood, or other material or things, upon any lot in the city of Omaha, or shall excavate any lot or part of lot contiguous to any sidewalk and shall leave the same open and exposed in such manner as to endanger the safety of persons passing along any street, avenue, alley or sidewalk, such person shall be deemed guilty of conuuitting a nuisance, and on conviction thereof shall be fined in any sum not exceeding one hundred fSlOO) dollars. Defacing buildings and trees. Section 36. Any person who shall cut. mark, injure or destroy any tree, shrub, grass or sward, growing upon any street, alley, avenue, boulevard, or upon any public park, parked side- walk or parked street, either in person or by servants or employes, or by stock owned by him or in his charge, care or custody, or who shall, either in person or by agent, servant or employe, permit the same to be done shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceedmg one hundred ($100) dollai's for each and every offense. Provided, that the provisions of this section shall not apply to any person authorized to change or remove any such tree, shrub or grass by a permit duly issued by the city engineer. Neither shall they REVISED ORDINANCES. 281 apply to any person improvinji parks and boulevards under the direction of the l)oard of park cominissioners of Omaha. Animals at large. Sectiod 37. Any person who shall permit any horse, mule, cattle, hogs, goats, sheep or other domestic anmial (except dogs) to run at large or, by reason of want of due care, to break from barn, stable, yard or other inclosure and trespass on any street, avenue, alley, boulevard, park, parkway or other pubUc ground shall V)e fined in any sum not exceeding twenty-five ($25) dollars. Obstructing street. Section 38. Any person who shall drive, place or leave any animal, team or vehicle on or across any sidewalk, grass plat or parkway (except as provided by the city engineer), or who shall place or leave any vehicle or other obstruction in or upon any public street, alley, avenue or boulevard shall be deemed guilty of a misffemeanor. and upon conviction thereof shall be fined in a sum not exceeding fifty ($50) dollars. Nailing signs. Section 39. No person shall cut, injure, mark, deface, or nail any sign on any public building, tree or shrub growing upon any street, alley, public square or park, under a penalt}^ of not exceeding one hundred ($100) dollars for each offense. Hand bills. Section 40. It shall be unlawful for any person to paste, post, paint, print, or nail any hand-bill, sign, poster, advertisement or notice of any kind on any curbstone, flagstone, or any portion or part of any sidewalk, or upon any tree, fire alarm box, police street station, or any of the other appurtenances or machinery l^elonging to the patrol system of Omaha, or any lamp post, electric liTht post, hitching post, telegraph pole., telephone pole, hydrant, or upon any private wall, door, gate or fence, (without consent of I'-c owner, agent or manager of the premises so to do) and any person guilty of the violation of any provision of this section shall upon conviction be fined in a sum not less than, three. ($3) dollars nor more than fifty ($50) dollars for each and every offense. 282 REVISED ORDINANCES. Injuring fences, lamp posts, etc. Section 41. It shall be unlawful for any person to purposely mar. injure, deface, remove or destroy any fence, gate, lamp post or sign board or awning in an}^ street or public place or in front of au}^ private premises within the city under a penalty of not exceeding one hundred ($100) dollars for each offense. Tearing down advertisements. Section -12. Any person who shall wrongfully and mali- ciously tear down, deface or cover up any posted advertisement, or bill of any person, firm or corporation, when the same is right- fully and lawfully posted or put up, shall upon conviction thereof, be fined not exceeding twenty-five ($25) dollars. Weight of Bread. Section 43. The weight of bread exposed or offered for sale in the city of Omaha is hereby prescribed as follows: A single loaf of bread shall weigh when baked sixteen (16) ounces; a full -or double loaf of bread shall weigh when baked thirty-two (32) ounces. Any person or persons exposing or offering for sale or making sale of any single loaf of bread weighing when baked less than sixteen (16) ounces, or exposing or offering for sale any full or double loaf of bread weighing less than thirty-two (32) ounces shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding ten dollars ($10) for each offense. Obstructing gutters. Section 44. No person shall stop or obstruct the passage of water in- any street, gutter, or pubhc sewer, culvert, water pipe or hydrant laid or placed by the city, under the penalty of not exceeding fifty ($50) dollars for each offense. Cutting and removing sod. Section 45. No person shall dip, cut or remove any sod from any street or other public place within the city without a permit ■or authority from the city, nor from any premises not his own, without the consent of the owner of agent thereof, under a penalty of not exceeding one hundred ($100) dollars for each offense. REVISED ORDINANCES. 283 Trespassing. Section 46. It shall be unlawful for any person to trespass upon any ]iii\-ate grounds within the city of Omaha, or to break, cut or injure any tree, shrub, plant, flower or grass growing thereon, or without the consent of the owner or occupant to enter upon any improved lot or grounds occupied for residence purposes, whether enclosed or unenclosed, and to lounge about the same, or lie down thereon. Any person violating any provision of this section shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding fifty ($50) dollars, or imprisoned not exceeding ten (10) days. Houses of prostitution. Section 47. No bawdy house, house of ill-fame, house of assignation, or place for the practice of fornication or adultery, dance house, opium joint, or common, ill-governed or disorderlv house, shall be kept or maintained within this city, and everv person who shall keep any such house, or shall be an inmate of, or in any way connected with any such house, or shall contribute to its support, and every person who shall permit any tenement, building or premises in his possession or under his control to be used for such purpose, and every person who shall permit any building or tenement which shall be used or occupied for anv such purpose to stand upon any lot or parcel of ground within said city, owned, held, possessed or controlled by him either as agent of the owner or otherwise, when within his power to prevent, shall be deemed gulity of a misdemeanor, and upon conviction thereof be fined in a sum not less than five ($5) dollars nor more than one hundred ($100) dollars for each offense, or be imprisoned not exceeding thirty (30) days, or shall be both fined and im- prisoned, in the discretion of the court. Neither the chief of poHce, his deputies or any member of the pohce force shall collect any fines or penalties under this section, and any violation of this provision shall be deemed a misdemeanor, punishable by dismissal. If at any time after such conviction, as above provided, the the mayor and council shall order the suppression of any house of prostitution or disorderly house, owned, kept or maintained by any person or persons so convicted, it shall be the duty of the chief of police to at once notify such person or persons to vacate or close such place or house and such person or persons shall be 284 REVISED ORDINANCES. subject to a fine not exceedins; one hundred ($100) dollars for every twenty-four hours said house or place shall be by them so kept or maintained thereafter, and such person or persons shall also be imprisoned not less than five (5) nor more than thirty (80) days for ever}' such offense. Disorderly house. Section 48. Any person or association of persons who shall permit in his her or their house, out-house, yard, or other premises under his, her or their control, any gambling with cards, dice or other implements or devices used in gambling, or who shall permit any loud or unusual noises therein, or shall suffer or per- mit any person or persons to fight or threaten to fight in such premises, shall be deemed guilty of keeping a disorderly house, and on conviction thereof, shall be fined in any sum not less than five dollars (S5) or exceeding two hundred dollars ($200). Keeping gambling house — Betting on games. Section 49. Any person or persons who shall keep a house or room for the p\irpose of gambling therein, or who shall suffer or permit other persons to come 'herefor, or to frequent or come together for the purpose of gambling, and every person who in any public place shall play for money, or shall bet at faro, keno, or any other game, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred ($100) dollars, or be imprisoned not exceeding thirty (30) days, or shall be both fined and imprisoned in the discretion of the court. Gambling. Section 50. Any person or association of persons who shall set up, have or keep any keno table, faro bank, shuffle board, bagatelle, playing cards or other instrument, device or thing wdiatever, whereon or with which any money shall in any manner be played for; or any person who shall play for 'money at any game with cards, dice or with any articles, device or thing whatever, which may be used for the purpose of playing or betting upon, or winning or loshig money, or shall bet on any game others may be playing, shall upon conviction thereof, be 'fined in the' sum not exceeding one hundred ($100) dollars,or be imprisoned not fex- REVISED ORDINANCES. 285 ceeding thirty (30) days, or shall be both fined and imprisoned, in the discretion o£ the court. Opium joint. Section 51 . It is hereby declared unlawful for any person or persons, company or corporation within the incorporate limits of the city of Omaha to keep an opium joint or den or other place for the use and consumption of opium in any form, or to furnish or provide or permit to be furnished or provided, w'ith or without pay therefor, any pipe or other utensil of whatsoever nature for smoking opium in any form. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for each offense, be fined in any sum not less than five (^5) dollars or more than one hundred ($100) dollars, or imprisoned not exceeding three (3) months, or both fined and imprisoned. Smoking in opium joint. Section 52. It is hereby declared unlawful for any perstin to become an inmate of any opium joint or den, or to smoke or use opium in any form in any opium joint, den or other place where the smoking or use of opium is in any form carried on or permitted to be carried on, cither v\ith or without pay therefor. Any person violating any of the provisions of this section shall be deemed .guilty of a misdemeanor, and upon conviction thereof y shall for each offense, l>c fined in any sum not less than five ($5) d('l!;trs, nor more th.m one hundred ($100) dollars, or imprisoned not exceeding three (3) months, or both fined and imprisoned. Lottery. Section 53. No person shall within the corporate Hmits of the city of Omaha open, set on foot, carry on, promote or draw, jjublicly or privately, any lottery, gift enterprise, game or device of chance, of any nature or kind whatsosver, or by whatever name it may be called, for the purpose of exposing, setting to sale, or dis- ])Osing of any house or houses, lot or lots, lands, tenements or real estate, or any money, goods, or things inaction. Any i)erson violating any of the provisions of this section sludl, on conviction, be fined not less than ten (SIO) dollars or exceeding one huii(h-(>(l ($100) dollars, or be imprisoned foi- a tei'm not excecMling thirty (30) days. 2S6 REVISED ORDINANCES. Advertising lotteries. Section 54, No person shall within tho corporate limits of the city of Omaha by printing, writing or in any way publish, or assist in publishing an account of any such lottery, gift enterprise, game or device, stating where or when the same is to be drawn, or the prizes therein, or any of them, or the price of a ticket or share therein, or where any ticket may be obtained therein. Any per- son violating the provisions of this section shall on conviction, be fined in any sum not exceeding one hundred (SlOO) dollars. Tainting the air. Section 55. It shall be unlawful for any person or persons, firm, company or corporation within the corporate limits of the city of Omaha, or within the distance of three miles from the cor- porate limits of said city, to permit any factory, tannery, dis- tillery, livery stable, cattle or hog yard, or any shed, barn, packing house, or slaughter house, to become nauseous, foul, or offensive; or to so carry on tho business of slaughtering or feeding animals, or rendering any animal matter, or manufacturing the same into soap, or fertilizing materials, or changing the form- thereof in any manner by the use of heat, steam, fire, chemicals, or otherwise, so as to taint the air or render it unwholesome or offensive to the smell. Any person, firm, company or corporation, violating smy of the provisions of this section shall be deemed guilty of a nuisance and on conviction there of, shall be fined in any sum not less than ten ($10) dollars and not exceeding one hundred ($100) dollars, or shall be imprisoned not exceeding thirty (30) days, and each and every day such nuisance shall be continued after notice to aV)ate or discontinue the same, shall be deemed and taken to be separate and distinct offences, and if any such nuisance is not abated and removed within five days after the giving of such notice, it shall be and hereby is made the duty of the chief of police to cause such nuisance to be abated and removed, and the cost and expense of so doing shall be chargeable against the property upon which such nuisance existed, and shall be assessed against the same and become a lien thereon. The agent of any person, firm, corporation or company who shall have the management, care or rental of an}' property, upon which any such nuisance shall exist, as well as his principal and all others causing or per- mitting such nuisance, shall be deemed and considered as causing REVISED ORDINANCES. 287 any nuisance shown to exist, after notification to abate or remove the same. Slaughter houses. Section 56. It is hereby declared unlawful to carry on the business of slaughtering animals, or of operating a slaughter house or packing house in any of that part of the city of Omaha included within the corporate limits of said city as the same existed in the j^ear A. D. 1886, and any such acts, business or occupation within said limits is hereby declared to be a nuisance. Any one violating any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof, shall be fined in any sum not exceeding one hundred ($100) dollars, or imprisoned for a term not exceeding thirty (30) days, and may be both fined and imprisoned, and the nuisance shall be abated as provided in the foregoing section and every day the nuisance shall continue shall be deemed a separate and distinct offense. Slaughter houses — Stables, etc. — Permits. Section 57. It is hereby declared unlawful for any person or persons, company or corporation to erect or construct, wdthin the corporate limits of the city of Omaha, any building for the purpose of being used as a slaughter house, rendering establish- ment, soap factory, candle factory, livery stable or stables for board- ing horses, or to carry on any such business in any building now- erected, unless the same shall be in actual operation at the time of the passage of this ordinance, without a permit from the city council. Protest against permit. Section 58. The city council shall not grant a permit for the erection or carrying on of either or any of the above mentioned establishments or vocations, in any block in the city of Omaha, when a majority of the owners of the lots composing any such block shall protest in writing against the erection, establishment or carrying on of the same therein. Any person violating any of the provisions of this section shall be deemed guilty of having committed a nuisance, and upon conviction thereof shall be fined not less than five ($5) dollars or more than one hundred (SI 00) dollars, and each day such nuisance shall be continued, after 288 REVISED ORDINANCES. notice to abate the same, shall be held to be a separate and dis- tinct offense. Buildings in streets or alleys. Section 59. Any house, barn or shed, building or obstruc- tion of any kind whatsoever, standing in whole or in part on any street or alley of the city of Omaha, is hereby declared a nuisance. Penalty. Section 60. Any person causing or permitting the same shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than five (So) dollars, nor more than fifty (S^O) dollars for every such offence, and shall be prosecuted therefor each and every day they suffer or permit the same to remain, and the chief of police is authorized and required to abate or remove the same. Offensive matter cast into streets or alleys. Section 61. If any person or persons shall cast or leave exposed in any street, avenue, highway, alley, lot, puV)lic ground or water course, within the city of Omaha, the carcass of any dead animal or any unsound meat, fish or other substance, or permit the same to be done with their consent, or shall make, use, keep or permit in his, her or their dwelling house, ship, store, factory, outhouse, cellar, yard, lot or any other place within said city, any noisome or offensive licjuid or substance, prejudicial to the health of the citizens, or as to cause annoyance to any person or persons, or shall throw any filth, offal, or other offensive matter into any street, avenue, highway, public ground, alley, lot or water course in said city, or shall permit or cause the same to run into any such street, avenue, highway, public ground, alley, lot or water course, such person or persons shall be deemed guilty of committing a nuisance, and, on conviction thereof, shall be fined in any sum not exceeding twenty ($20) dollars, for every such offense and shall be subject to a like penalty for each and every day the same is permitted to remain in such place after such person shall have been notified to remove the same or shall haA^e been convicted of committing the same. REVISED ORDINANCES. 289 Privies. Section 62. Every privy, privy vault, commode, cess pool, or water closet or any other receptacle whatsoever of human excrement within the limits of the city of Omaha, which shall be found to be in an overflowing, leaking, full, filthy, stinking, insecure, or defective condition, or in any other state or condition which is dangerous or detrimental to the public health: or any privy, privy vault, commode, cess pool, or water closet, which is not built or constructed in accordance with the provisions of the ordinances of this city, shall be deemed a nuisance. Privies. Section 03. Every water closet or privy constructed and used in any dwelling house or building within the limits of the city of Omaha, and not connected with some public, district or private sewer where such sewer is on the street or alley adjoining the ground on which said dwelling house or building is erected, shall be deemed a nuisance. Leakage — Seepage. Section (U. Whenever any cellar, l^asement, or part thereof, of any tenement house or building within the limits of the city of Qniaha, shall be found to be damp or moist by reason of leaking or defective hydrants, Avater-pipes, sewer-pipes, cisterns or wells, gutters, drains, rain-spouts or seepage from the surrounding earth, then such leakage, seepage or moisture shall be deemed a nuisance. Unhealthy tenements. Section 65. Elvery tenement house, boarding house, lodging house, or any building used for such purpose, within the limits of the city of Omaha, which shall be leased, let or rented to be occupied by any person or ])ersons in which to dwell or lodge, and which tenement house, boarding house, lodging house or building, or any part thereof, is not sufficiently lighted or ventil- ated and provided with water and kept in a cleanly and sani- tary condition, or which or any part Avhereof, the strength, ventilation, light or sewerage is in any manner, shape or form dangerous, insufficient or pi-cjudicial to life or health, or which •shall not be provided with adeqiiate and properly constructed privies or water closets, shall be a nuisance. 290 REVISED ORDINANtJES. Stagnant water. Section 66. Any lot or piece of ground within the limits of the city of Omaha, on which there is a pond or pool of unwhole- some, impure or offensive v,ater, shall be deemed a nuisance. Penalty. Section 67. Any person who shall cause or maintain any nuisance, or who shall violate or refuse to comply with any of the provisions of the last five i)receding sections, or who shall violate or refuse to comply with any provision of any ordinance of the city of Omaha, relating to nuisances, shall be fined not exceeding one hundred (SI 00) dollars or imprisoned not exceeding thirty (30) days, or be both fined and imprisoned in the discretion of the court. Smokestacks. Section 68. The emission of dense smoke from smoke-stacks or chimneys of buildings within the corporate limits of this city shall be deemed and is hereby declared to a be public nuisance; Provided, that this section shall not be deemed to apply (to buildings used exclusively for private residences. Owner prevent smoke. Section 69. The propi'ietor, owner, lessee or occupant of any building who shall, after the expiration of ninety days from the passage of this ordinance, permit or allow dense smoke to issue or be emitted from smokestacks or chimneys of any building as in Section 68 set forth, shall be deemed guilty of creating or main- taining a nuisance, and shall, upon conviction of such offense, be fined a sum not less than five ($5) dollars nor more than fifty ($50) dollars for the first offense; and upon conviction of the second offense, shall be fined in a sum not less than fifty ($50) dollars nor more than one hundred (SlOO) dollars, and for each subsequent violation shall be fined in the sum of one hundred ($100) dollars. Inspector, building. Section 70. It shall be the duty of the inspector of buildings to inspect and see to the enforcement of Sections 68 and 69 of this chapter, and he shall file information in the police court REVISED ORDINANCES. 291 against any and all persons creating and maintaining a nuisance as in said Sections 68 and 69 set forth. Barricades, removal of. Section 71. It shall be unlawful for any person, without authority from the city of Omaha, to remove, displace or in any manner disturb any protection, fence or barricade placed upon, along or across any public street, alle}' or sidewalk of the city by the city or its agents, officers, employes or contractors engaged in doing public work or improvements vipon the streets, alleys or sidewalks of the city, for the purpose of guarding, protecting and prohibiting the public from traveling or entering upon portions of the streets, alleys or sidewalks of the city while the same are being improved or repaired. Section 72. Any person violating any of the provisions of the preceding section shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than five ($5) dollars nor more than ten ($10) dollars. Refuse in street. Section 73. It shall be unlawful for any person to put, throw, sweep, drop or place or cause to be thrown, swept, dropped or placed, any glass, crockery, nails, tacks, wires, iron, steel, tin, zinc, copper or other metal, or any sharp piece of stone, wood or other material in or upon any of the streets, avenues, boulevards or alleys in the city of Omaha; and any person so offending shall be deemed guilty of a misdemeanor, and shall upon conviction be fined any sum not less than five ($5) dollars nor more than one hundred (SlOO) dollars, and upon conviction of a second or any subsequent offense, be fined as herein provided, and in addition thereto be imprisoned in the county jail not less than one day nor more than thirty days. Owners keep premises clean — Penalty. Section 74. It shall be unlawful for any person owning or occupying real estate in the city of Omaha to i)ermit, leave or allow any glass, crockery, nails, tacks, wire, iron, steel, tin or zinc, copper or other metal, or any sharp piece of stone, wood or other material to be left or remain in or on tliat part of any street, avenue, boulevard or alley between the center line thereof and 292 REVISED ORDINANCES. the real estate abutting so owned or occupied, after having notice of said substance being in or on that part of said street, avenue, boulevard or alley, and any person having such notice and failing to remove or cause to be removed said substance within two hours after having notice thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one ($1) dollar, nor more than ten ($10) dollars. It shall be the duty of the police officers of the city to see that the streets, avenues, boulevards and alleys arc kept free of all said substances and to notify the owners or occupants of real estate abutting upon the streets, avenues, boulevards and alleys in or on which the articles or substances herein enumerated are found,, and if the person refuses to comply with said notice to cause a warrant to be issued for the person so offending. Throwing missiles. Section 75. It is hereby declared unlawful for any person at the time of any ])arade, march or carnival, or at any other time, in the city of Omaha, to throw, snap, or in any manner cast at, toward or upon any person or persons, or to throw, sua]:) or cast upon any sidewalk, street, alley, public grounds or carnival grounds any return rubber ball, bladder or other like contrivances, or any rice, sand, gravel, charcoal, flour or other like substances, except the same is done in such a manner as not to injui-e or un- necessarily annoy any person or cause any disturbance of the peace. Any person violating any of the ])rovisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding fifty dollars ($50), or imprisoned not exceeding ten (10) days. Menacing threats. Section 76. It is hereby declared unlawful for any person within the incorporate limits of the city of Omaha to unlawfully assault or threaten another in a menacing manner or to unlaw- fully strike or injure another, and any jierson who shall unlawfully assault or threaten another in a menacing manner within the city of Omaha or shall unlawfully strike or injure another within said city shall l)e deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not exceeding the sum of one hundred ($100) dollars, or imprisoned in jail not exceeding thirty (30) days, or shall be both fined and imprisoned, in the discretion of the court. REVISED ORniNANCES, 293 Larceny. Section 77. It is hereby declared unlawful for any person within the incorporate limits of the city of Omaha to steal property of any kind whateyer and any person who shall within said city steal any money or goods or chattels of any kind whatever, whether the same be wholly money or wholly in other property, or partly in money and partly in other property, of the yalue of less than thirty-fiye dollars ($35), shall be deemed and considered a thief and upon conyiction shall be fined not exceeding one hundred dollars (SlOO) or imprisoned not exceeding thirty (30) days, or both fined and imprisoned, in the discretion of the court. Sunday — Closing stores. Section 78. It is hereby declared unlawful for any person, companj^, corporation or firm engaged in the business of retail grocers, or in the business of retail butchers or meat dealers in the city of Omaha to keep open their place of business on the first day of the week, commonly called Sunday, except prior to 10 o'clock a. m. on Sundays, from April 1 to October 1 of each year, and it is hereby declared unlawful for any such person, company, corporation or firm to sell or offer for sale on said first day of the week, commonly called Sunday, except prior to 10 o'clock a. m. on Sundays from April 1 to October 1 of each year, any merchandise of any kind commonly kept or offered for sale at retail grocery stores, or to sell or offer for sale any meats or other products commonly kept or offered for sale at retail meat stores or meat markets. Penalty. Section 79. Any person yiolating any provision ; of the preceding section shall be deemed guilty of a misdemeanor, and upon conyiction thereof shall be fined in any sum not exceeding one hundred dollars (SlOO), or less than five dollars ($5). Posting signs without permission. Section ond to said city in the sum of five hundred (S500) dollars, to be approved by the mayor, conditioned that he or they will, during the term of said license, keep an orderly house and not permit any riotous or disorderlv conduct in or about the premises w'here said tables nuiy be kept. Minors. Section 90. It shall be vuilawful for any per.son to consent to or permit any minor under 18 years of age to play billiards, pool, bagatelle or olher such game, or to freciuent any billiard, pool, bagatelle or other such room under his control, except in company with the parent or guardian of such minor or with the written consent thereto of such parent or guardian. Penalty— Chief of Police to report. Section 91. Any person who shall violate an}^ of the provis- ions of the three preceding sections, on conviction thereof 'shall fpay a fine not to exceed twenty ($20)' dollars for eveVy such offense. '■ it shall be the duty- of' the chief of police to' re]X)rt to the citv council at its first meeting in each and every month hereafter, REVISPJD ORDINANCES. 297 the names of any and all persons keeping any table in this city, for the keeping of which a license is required under this chapter, together with the nvimber of such tables kept by each, in case such persons have not taken out the license herein required ; and the chief of police on the first day in each month shall notify all persons so delinquent and in case the required license is not taken out within one week thereafter, the chief of police shall cause the arrest of such parties for the violation of this chapter. Circulars, dodgers, unlawful distribution — Penalty. Section 92. It is hereby declared unlawful for any person or persons to circulate or distrilnite upon' any of the public streets, alleys, sidewalks or public grounds of the city of Omaha, any printed or written dodgers, hand bills or circulars, or to scatter about or to hand to any person on any public street, alley, side- walk or public grounds of the city of Omaha any such dodgers, hand bills or circulars. It is further declared unlawful for any person, firm or corporation to employ any boy or other person to circulate or distribute any such dodger, hand bill or circular, upon any public street, alley, sidewalk or public grounds of the city of Omaha. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined in any sum not less than two dollars ($2) or exceeding twenty dollars (S20). Ordinance, destruction of. Section 93. It is hereby declared unlawful, unless authorized so to do to destroy, mutilate or remove any copy of any ordinance, proceedimrs of the city council, notices or other papers placed upon the bulletin board in the city hall. Any person violating the provisions of this section shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in any sum not exceeding twenty-five dollars ($25.00). Occupying premises without permission. Section 94. It is liereby declared uidawf\d lor any jierson to break and enter or to entei- without breaking, any dwelling house, warehouse, store, barn, staV)le or other out-buildings within the cor]H)rate limits of the city of Omaha, or take possession of and occui>y the same witliout p(M'niission of the owner, or to 298 REVISED ORDINANCES. €onimit any trespass upon or injiuy to any unoccnpied dwelling house or the premises pertaining thereto. Any person Adolating any provision of the last preceding section shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined in any sum not less than five ($5) dollars, nor exceeding one hundred ($100) dollars. Cemeteries, fast driving in— Penalty. Section 95. It shall be unlawful for any person or per- sons to drive any horse or horses on au}^ avenue of any cemetery in the city of Omaha faster than a walk. Any person violating the provisions of this section shall be deemed guilty of a mis- demeanor, and on conviction thereof, shall be fined in any sum not less than one dollar ($1) and not more than ten dollars ($10). Cigarettes, sale of. Section 96. It is hereby declared unlawful for any person, persons, company or corporation to sell, give away or furnish to any minor under the age of twenty-one years within the corporate limits of the city of Omaha any cigarette, or cigarettes, or cigar- ette paper in any form, or tobacco in any form commonly used for the purpose of making cigarettes. Any person, company or corporation violating any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five dollars ($5). nor exceeding one hundred dollars ($100). Waste paper boxes on streets— Contract. Section 97. That for the purpose of preventing the littering of the streets and sidewalks with waste paper and paper material, wrought iron waste paper boxes are authorized to be placed and maintained upon and along the sidewalks of the city at such places as may be approved by the city engineer or city council upon the making and approval of a contract with any persons, association or corporation for the placing and maintenance of said boxes and removal of the contents thereof. Refuse excluded — Penalty. Section 98. It is hereby declared unlawful for any person to throw or deposit upon any street, sidewalk, or into the gutter of any street, waste paper or other like material; but they are REVISED ORDINANCES. 299 hereby authorized and directed, upon the making and approval of the contract provided for in section 97 of this chapter, and the placing of wrought iron waste paper boxes authorized by said section, to place in said boxes any waste paper or other like mater- ial. And it is hereby further declared unlawful for any person to deposit or throw upon any sidewalk, street, or gutter or to deposit in said boxes sweepings, ashes, garbage, manure, or other animal or vegetable refuse, or to deface, injure or overturn any of said boxes. Any person violating any of the foregoing pro- visions shall be deemed guilt}' of a misdemeanor, and upon con- viction thereof, shall be fined in any sum not exceeding twenty dollars ($20.00). Unlawful to blow whistle or ring bell unless necessary. Section 99. Is is hereby declared unlawful for any railroad company or engineer, fireman or other employe of any railroad company within the corporate limits of the city of Omaha to sound or blow any engine or locomotive whistle except where a signal or warning may be necessary to avoid an accident or injury; and it is also hereby declared unlawful within the corporate limits of said city to ring any engine or locomotive bell, except as may be reasonable and necessary to give proper warning at and near street crossings or in the proper management and operation of such engine or locomotive or the cars attached thereto. Penalty. Section 100. Any railroad company and any engineer, fire- man or other employe of any railroad company who shall sound or blow, or authorize or permit to be sounded or blown, any engine or locomotive whistle within the corporate limits of the city of Omaha, except as authorized by the provisions of the foregoing section, or sounding an alarm of fire, or who shall purposely and unnecessarily continue to sound or blow any such whistle on the occasions authorized herein, or who shall, to the annoyance of citizens continue the unnecessary and excessive ringing of any engine or locomotive bell, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not ex- ceeding fifty dollars ($50.00). 300 REVISED ORDINANCES. Funeral processions. Section 101. It shall be unlawful for any person driving any animal or animals hitched to a vehicle of any kind whatsoever, to interrupt, interfere with, or delay, any funeral procession in the city of Omaha, by passinji; through said funeral procession. Penalty. Section 102. Any person violating any provision of the preced- ing section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not to exceed twenty-five dollars, or be imprisoned not to exceed ten days. Fire arms to those under eighteen years. Section 103. It shall be unlawful for any person, clerk, servant, or agent, to sell, barter, exchange, or in any manner dis- pose of any gun, pistol, revolver or fire arm of any description to any person under the age of eighteen years, without the written consent of his or her parents or guardian, and if sueh minor have no parent or guardian, then without the written consent of the mayor. Penalty. Section 104. Any person violating any provision of the pre- ceding section shall be deemed guilty of a misdemeanor and shall be fined in any sum not less than five nor more than fifty dollars. FIRE ARMS AND FIRE CRACKERS. Fire crackers, dimensions of — Fine. Section 105. It shall be unlawful (except as the same may be necessary for the public or individual defense and safety, the carrying on of any business, presentation of any play, theatrical or stage performance or public spectacle, or exhibition, duly author- ized or licensed) for any person, persons, co-partnership or cor- poration to burn, explode, or fire off, within the city of Omaha any firecracker having a length of more than three inches or a diameter of more than one-half of an inch; or to burn, explode or fire off any torpedo having a diameter or length of more than one inch; or to fire off or explode any pistol, gun, cannon or rifle, or toy pistol, gun, cannon or rifle, excepting only sueh as are designed REVISED ORDINANCES. 301 to fire flat pa])er caps. Any person, persons, co-partnership or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than one dollar ($1.00) nor more than twenty-five dollars (S25.00). Sale of firecrackers. Section 106. It is hereby declared unlawful for any person, persons, co-partnership or corporation to sell, offer for sale or ex- pose for sale within the limits of the city of Omaha (excepting at wholesale for out-of-town trade) any firecrackers having a length of more than three inches or a diameter of more than one- half of an inch, or any torpedos having a diameter or length of more than one inch, or any toy pistol, toy cannon, toy gun, or toy rifle, designed for firing metal cartridges or powder. Any person, persons, co-partnership or corporation violating the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25) nor more than two hundred dollars ($200), or be imprisoned not less than ten days nor more than thirty days for each and every offense. Placing explosives on tracks. Section 107. It shall be unlawful for any person, persons, co-partnership or corporation to set or place any torpedoes, caps or explosives of any kind whatsoever upon the rail or track of any steam railway or street car company. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than ten dollars ($10.00) nor more than twenty-five dol- lars ($25.00). Prostitution. Section lOS. It shall be unlawful for any person to be a prostitute or to practice prostitution within the incorporated limits of the city of Omaha. Penalty. Section 109. Any person violating any provision of the last preceding section shall, upon conviction thereof, be fined in a sum 302 REVISED ORDINANCES. of not less than five dollars ($5), nor more than one hundred dollars, ($100) or be imprisoned not exceeding ninety days, in the dis- cretion of tlie court. Patent medicines. Section 110. It is hereby declared unlawful for any person or persons to throw or place or cause to be thrown or placed in any yard, doorway, porch, house or vestibule any sample or sam- ple package of medicine or any other matter or material that would be injurious to health or life, or ca\ise annoyance or incon- venience, without first obtaining permission from the owner or occupant thereof. Section 111. Any person or persons who shall violate any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $50 for each and every such offense. Missiles, Throwing of. See Misdemeanors, Section 75. REVISED ORDINANCES. 303 CHAPTER LV. Sale, Regulation of. MORPHINE. Section 1. It shall be unlawful for any person or persons to sell, dispose of or give away cocaine or morphine, or any pre- paration thereof except upon the prescription of a regular prac- ticing physician, and it shall be unlawful for said person or persons to sell, dispose of or give away any of said drugs or any prepara- tion thereof by the same prescription more than once, and said person or persons w^ho shall sell, dispose of or give away any of said drugs upon prescription shall keep a record of said sales, the amount sold and to whom sold, which said record shall include the prescription and shall be open to the inspection of the police of said city at any and all times: Provided, however, that it shall not be unlawful for any registered pharmacist to sell any of said drugs to persons pi-esenting a certificate from any duly licensed physician of the city of Omaha that it is necessary for the health of said person or persons to have said cocaine, morphine or pre- paration thereof, but the said pharmacist so selling said drugs on a certificate of any duly licensed physician shall keep a record to be open for inspection as above provided, showing to whom sold and the date of the said physician's certificate; Provided Further, that this chapter shall not apply to or prevent the sale by wholesale druggists to registered pharmacists. Penalty. Section 2. Any person or persons who shall violate any of the provisions of this chapter, or who shall fail to kee]) the records of the sales of the said drugs as above provided, or refuse to per- mit inspection of said records by any of the police of said city, shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding $50.00 for the first offense and not less than $50.00 or more than $100.00 for any subseciuent violation of said chapter. Mortar on Paved Streets, Unlawful. See Street Sprinkling, Section 4. 304 EEVISED ORDINANCES. CHAPTER LVI. MUNICIPAL YEAR. When Municipal year begins. Section 1. That for all purposes of municipal government in the city of Omaha, the municipal year shall begin on and include the first day in January of each year. Licenses — Termination of. Section 2. That all Hcenses, except such as are issued for specified days, shall terminate with the municipal year, to-wit: December 31st, unless such license is authorized to be issued for a less period than one year, when the same may terminate June 30th, of each year. Nuisances. See Sanitary Regulations. Banks of Earth. See Banks of earth and Stagnant Water Stagnant Water. See Banks of Earth and Stagnant Water Occupying Premises Without Permission. See ^lisdenieanors, Section 94. Offensive Matter in Streets. See Misdemeanors, Section 61. REVISED ORDINAx\CES. 305 CHAPTER T.VII. OFFICERS— REMOVAL OF. Cause of removal. Section 1. Whenever any officer of this city, whether ap- pointed by the city council or elected by the qualified voters of the city or of any ward thereof, shall haA'e become habitually intemperate, or in any way incompetent to the discharge of the duties of his office, or become grossly negligent in the discharge of his duties, or shall refuse to pay over any money in his hands belonging to the city, or to present his books or accounts to the proper officer or committee of the council for examination, ad- justment, or settlement, or shall be guilty of any other misconduct in office either in refusing to obey the lawful orders or resolutions of the city council, or to execute the ordinances of the city, or in any other manner, such officer shall be at once removed from office by the mayor, with the consent or by the advice of a major- ity of all the members of the city council. Charges preferred. Section 2. Charges, and the specifications thereof, against any officer elected by the qualified voters of the city or of any ward thereof, shall be preferred in writing, and only by the mayor or two members of the city council jointly. If the council vote to entertain the charces, they shall fix a day for the trial, at which time of trial it shall not be lawful to transact any other business. The city clerk shall make out a copy of the charges and specifi- cations, and deliver such copy to the person so charged at least five days before the day of trial. The mayor, or some person selected by the council, shall conduct the prosecution, and the person charged may be heard in person or by counsel. The trial may be adjourned from time to time as the council shall deem necessary. Contempt by witness. Section 3. If any person shall refuse to attend as a wit- ness at such trial, the council may order his arrest and such person when arrested shall be punished for the contempt by fine not to 306 REVISED ORDINANCES. exceed fifty ($50) dollars, or by imprisonment not to exceed ten (10) days, or otherwise as the council may direct. All witnesses shall be examined under oath or affirmation. Conduct of trial. Section 4. After hearing the proof on both sides the prose- cution and defense may each, in the order named, once address the council, and for such length of time as the council shall deter- mine. All questions arising during the progress of the trial shall be determined by the president in the first instance, subject to an appeal to the council by either party. At the close of the arguments, the council by a vote of ayes and noes, shall determine as to the truth of the charge, or charges, or any of them. .If the charge or charges or any of them are sustained, the council may take such action in declaring the removal from office of the person accused, as to them may seem proper. The mayor, by and with the consent of the city council, may suspend any officer from office whenever charges have been preferred against him, and pending the trial of the same, and may fill the temporary vacancy by appointment, except in case of the trial of any niember of the city council; and in case the mayor is suspended the president of the council shall act as mayor. Removal of employes. Section 5. Nothing herein contained shall be construed as interfering in any way with the right of the city council to examine into charges against any appointed officer or employe of the city, by a committee of the council, and in such manner as they may determine, but the council sliall have the right so to do, and any such officer may be removed from office at any time by the mayor, by and with the consent of the city council. No elective officer shall be ren.oved the second time for the same offense. Removal for nonpayment of debts. Section 6. Any officer of the city of Omaha not elected by the people, or an employe of the city of Omaha, neglecting or re- fusing to pay a just debt contracted during his term of office or employment, providing same has been reduced to a judgment by a court of competent jurisdiction, shall be subject to removal KEVISEl) ORDINANCES. 307 from office and such officer or employe shall be discharged from the service by the head of the department in which he may be employed. Opium Joints. See Misdemeanors, Sections 51 and 52. Ordinances, Mutilation of. See Misdemeanors, Section 93. Overhanging Branches. See Misdemeanors, Section 34. Paperhangers, Remove Old Paper. See Sanitary Regulations, Sections 7 and 8. 308 REVISED ORDINANCES. CHAPTER LYIII. PARKS. Unlawful acts in parks. Section 1. It shall be unlawful for any person within or upon any of the parks, jiarkways or boulevards of the city of Omaha to utter any loud or indecent language, to do any indecent or disorderly act, to be intoxicated; to bet, gamble or make wagers upon any game or games of cards or chance; to discharge any firearm or throw or cast any stone or missle by hand, sling shot, rubber gun or otherwise; to beg, publicly solicit subscriptions or tell fortunes for pay ; to drive or lead a horse not well broken ; to drive or lead cattle, hogs sheep or any other animal; to allow any dog to run at large; to place or display any sign or advertise- ment; to obstruct any roadway or path; to enter or lea\e any park except at the established entrance-ways thereof; to conduct any funeral procession or vehicle containing the body of any deceased person except when the same is necessary by reason of the previous place of abode of the deceased; to Iniild any fire; to write, paint or carve on or deface or injure any tree, bench or structure; to climb any tree; to tie any horse to a tree; to pick, cut or in any manner injure or destroy any plant, flower, fruit, turf or structure; to roD, injure, destroy or luolest the nest of any bird, squirrel or other animal; to catch or disturb fish in the foun- tains or other waters of the park; to kill, poke sticks at, spit upon, throw at, threaten or in any manner tease, disturb or injure any fowl, fish or animal kept in any park or the waters thereof; to drive or transport any cart, dray, wagon, truck or other vehicle used for carrying goods, merchandise, building material, manure, dirt or other article; to ride or drive any animal or vehicle at a speed exceeding ten miles per hour; provided that this shall not apply to the vehicles of the fire and police departments, ambu- lance or vehicles used by physicians when actually engaged in responding to an emergancy call, or to that portion of Florence boulevard lying between Ames avenue and Miller park, or to any portion of the parks and boulevards that may hereafter be desig- nated as "speed ways;" to drive any vehicle any place other than the designated carriage roads; to enter or remain in any park be- tween the hours of eleven o'clock p. m. and sunrise; to empty con- tents of ice cream freezers or throw salt or ice upon the grass. REVISED ORDINANCES. 309 Unlawful acts in. Section 2. It shall be unlawful for any person, firm or cor- poration to connuit any of the following acts within or upon the parks, parkways and boulevards of the city of Oinaha without the consent of the board of park commissioners, vi^.: to keeji or offer anything for sale ; to i^lay any nuisic ; to deliver any public speech or hold any public meeting; to play baseball, tennis or any other game, except at the places designated for such purposes; to Adolate the regulations of said board relating to any building or place; to carry any firearm, sling shot, ax, saw, shovel or spade within any park, except when rendered necessary by the place of abode of the person carrying same; to go on foot or otherwise iipon the grass or turf where any prohibitary sign is posted; to construct or operate a line of street railway upon any park, park- way or boulevard, or to enter thereon for the purpose of exca- vating or constructing a line of street railway, except at the points where such lines are now being operated ; to dig holes, set poles or construct telegraph, telephone or electric light lines or enter upon any park, parkway or boulevard for such purpose; to dis- charge any fireworks or firearms. Penalty. Section 3. Any person violating any of the provisions of the last two preceding sections shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in any sum not more than fifty dollars (S50) or imprisoned not more than thirty (30) days. Use of park. HANSCOM PARK. Section 4. The use of tlie park (Hanscom Park") shall be free to all civilly disposed persons without distinction. Platform and stand. Section 5. Whenever any church, Sunday-school or other organization o^ party of persons may desire to hold a picnic or entertainment, requiring the use of the platform and nuisic stand they shall ar' ly to the board of park commissioners for such ])er- mit, whi(;h i ; y be granted to srch party in the order in which application^ c made. 310 REVISED ORDINANCES. Admission — Huckstering. Section 6. It shall be unlawful for any person to demand or receive any admission fee to the park, or to make any charge for anj^ exhibition of any nature on said premises; Provided, This shall not preclude any party who may have the written permit of the board of park commissioners for the use of the platform and music-stand on any particular day from collecting from those who may dance on the platform, any contribution they may feel disposed to give to defray the expense of music, etc., or to charge for any dinner or collation prepared for such occasion. But huck- stering shall not be allowed. Any violation of this section shall subject the offender to a fine of not less than five ($5.00) dollars and imprisonment not to exceed five days. Sale of liquors. Section 7. It shall be unlawful for any person to sell, barter, or give away or iii any manner dispose of any malt, spirituous or vinous liquors within said park. Any person violating the provisions of this section shall, upon conviction thereof, be fined any sum not exceeding fifty (S50) dollars and imprisoned not to exceed thirty days. Tying animals. Section 8. It shall be unlawful for any person to tie any horse, or mule to any tree or shrub in said park, or in any man- ner cut, break or injure any tree or shrub, or break or deface or injure any furniture or fixture of said park. Any person violating any of the provisions of this section shall on conviction be sub- ject to the payment of all damages so done and to a fine of not less than five ($5) dollars nor more than ten (SIO) dollars. Dancing on Sunday. Section 9. It shall be unlawful for any pei'son to dance on the platform or grounds of the park on the Sabbath day, conunonly known as Sunday. Any person violatiag this prohibition shall be subject to a fine not to exceed three ($3) dollars. Police in charge. Section jO. All persons visiting said park shall at all times be subject to the orders of the policeman in charge, who shall REVISED ORDINAN'CES. 311 report any violation of the preceding six sections of this chapter to the police court and make complaint against all persons so violating, and he shall drive from the grounds any unruly bo^'^s or children visiting the park without parent or guardian and re- fusing to obey his order. CHAPTER LIX. PARK COMMISSIONERS. Park Board. Section 1. There shall be a board of park commissioners of the city of Omaha, which shall be composed of five members who shall be resident freeholders of such city and who shall be appointed as required by the act incorporating metropolitan cities. Compensation. Section 2. The members of said board shall receive no com- pensation and shall serve without cost to the city, and before entering upon their duties each member of said board shall take an oath to be filed with the city clerk, that he will faithfully per- form the duties of his appointment, and in the selection or desig- nation of lands, lots or grounds for parks, parkways or boulevards, and in making appointments, he will act for the best interests of such city and the public, and will not in any manner be actuated or influenced by personal or political motives. A majority of the members of said board of park commission- ers shall constitute a quoram. The members of said board at its first meeting each year after the first Tuesday in May shall elect one of its own members as chairman of said board. Duties. Section .3. The said board of park commissioners shall have charge of all the parks and public grounds belonging to the city, with power to establish rules for the management, care and use of public parks, parkways and boulevards, and it shall be the duty of said board from time to time to devise, suggest and recommend to the mayor and council a system of public parks, parkways and 312 EEVISEP ORDINANCES. boulevards or additions thereto within the city, or within three miles of the limits thereof, and to designate the lands, lots or arrounds necessary to be used, purchased or appropriated for such purposes. Employees. Section 4. It shall be the duty of said board of park com- missioners to lay out, improve and beautify all lands, lots or grounds no^\ owned, or hearefter acquired for parks, parkways or boulevards. They may employ a secretary and such landscape gardeners, superintendents, engineers, keepers, assistants or la- borers, that may be necessary for the proper care and mainte- nance of such parks, parkways or boulevards, or the improve- ment or beautifying thereof, to the extent that funds may be provided for such purpose. Patent Articles, etc., Street sales of. See Street Sales and Exhibitions. Patent Medicine, Distribution of. See Misdemeanors, Sections 110 and 111. REVISED ORDINANCES. 313 CHAPTER T,X. PAWNBROKERS AND CHATTEL LOAN BROKERS. Definition. Section 1. An}^ person, firm or corporation engaged in the tnisiness of loaning money on deposits or pledge of personal pro- perty or other valuable thing, or any person, firm or corporation engaged in the business of loaning money upon chattel property for security and reciuiring possession of the property so mort- gaged, on condition of returning same upon payment of a stipulat- ed amount of money is hereby declared to be a pawn broker, or chattel loan broker. License. Section 2. Every person, firm or corporation engaged in the business of pawn broker oV chattel loan broker, shall pay to the city clerk, for license to carry on the same, the sum of $100 per year, or $r>0 for six months, and all such licenses shall expire on June 30th or December 31st of the year in which they are issued, and must be obtained by apphcation to the city clerk who shall issue the reciuired hcenses upon the applicant for same ex- ' ecutinga bond to the city in the sum of $1,000.00, with surety to be approved by the city clerk, and each surety shall justify that he is a resident of the city of Omaha, county of Douglas, and is worth, in real estate, over and above all debts, liabilities and exemptions, at least double the amount of such bond. Provided, a bond of some reliable surety -company may be given by such ap- plicant for hcense; such bond to be conditioned for the faithful Ijerformance by the principal of each and all of the trusts imposed by law by usage attached to pawnbrokers or chattel loan brokers, and no person, firm or corporation licensed as aforesaid shall do luisiness in more than one place under one license, and every such license shall state the jjlace where such business is to be carried on, and shall not bp assigned. Description of purchases. Section 3. All jiersons. firms or corporation engaged in the business of ]jawnbroker or chattel loan broker shall keep a book in which shall be legibly written in ink, at the time any loan or pur- 314 REVISED ORDINANCES. chase is made, an accurate account or description in the English language of the goods, articles or things pawned, pledged, mort- gaged or purchased; the amount of money loaned or paid therefor, the time the same were received, and the name, residence and des- cription of the person pawning, pledging, mortgaging or selling the same, which book, as .well as the article pawned or purchased shall be, at all reasonable times, open to the inspection of the mavor or any meniber of the police department. Report to chief of police. Section 4. It shall be the duty of every such pawnbroker or chattel loan broker to make and deliver to the chief of pohce, every day before the hour of 12 o'clock noon, from the book required in section 3 hereof, a list of all personal property or other valuable things received or deposited, purchased or mortgaged during -the day, together with the time received or purchased, and a des- cription of the person or persons by whom left in pledge, or from whom the same were purchased. Provided, that the report herein required shall not apply to Sundays, but the report of Mon- day of each week shall cover the business transactions of the Saturday previous, and also the Sunday previous if any such trans- actions shall take place on said last mentioned day. Provided, That no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business, or of goods purchased at open sale from any bankrupt stock or from any other person doing business and having an estaolished place of business; but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the mayor or any member of the police department, when demanded. Withhold sale of purchased goods. Section o. Xo personal property received on deposit or nurchased by any pawnbroker or chattel loan broker shall be sold or permitted to be taken from the place of business of such per- son for the space of twenty-four hours after the delivery to the chief of police of the copy and statement required by section 4 hereof. Withholding sale of pawned goods. Section 6. It shall be unlawful for any broker, agent or dealer mentioned in this chapter to sell any goods so pawned REVISED ORDINANCES. 315 to or received by him, during the period of six months from date of the pawning or receiving of such goods. Penalty. Seciton 7. Every broker, agent or dealer mentioned in this chapter who shall violate, or neglect or refuse to comply with any of the provisions of this chapter shall be deemed guilty of a mis- demeanor, and, on conviction thereof, shall, for every such offense, ))e subject to a penalty of not less than $50.00, nor more than $100.00, one-half of the amount so collected to be paid to the per- son causing the action to be brought, and one-half to the school district where the penalty is recovered, and in case any license has been granted to such broker, agent or dealer such license may, at the option of the mayor, be revoked. Signs not allowed. , Section 8. It shall be unlawful for any person not having a license to display in front of, about or upon his premises, any sign or advertisement, stating that money is loaned on goods, or that any goods of the character named in this chapter are bought or sold on said premises. 316 REVISED ORDINANCES. CHAPTER T.XI. PEDDLERS. Peddler defined— License. Section 1. Any person travelling from place to place in, along and upon the streets or alleys of this city who shall sell or offer for sale, barter or exchange at retail, any butter, eggs, poul- try, fruit, vegetables, or any other farm produce, or any popcorn, candy, nuts, groceries, or any other goods, wares or merchandise, or who shall offer for sale or sell and deliver from any wagon or other vehicle, going from place to place in the city of Omaha, whether to regular customers or not, any goods, wares or mer- chandise, or who shall go from place to place in this city, selling and delivering any other article or things, shall be deemed a ped- dler, and shall before engaging in said business obtain a license as a peddler, which license shall not be transferable. It shall be un- lawful for any person to engage in the business of a peddler, as above specified and defined, without first obtaining a license as herein required; Proinded, That the provisions of this chapter shall not be construed to apply to any resident grocer, butcher or merchant delivering goods, or to the selling of newspapers; Pro- vided further, that the provisions of this chapter shall not be construed to apply to any person or persons coming into the city of Omaha from the country with any fruit, vegetables, butter, eggs, poultry or other farm produce raised by themselves, their employer or their employees. Fee. Section 2. The license fees required to be paid by peddlers shall be as follows: Any wagon or vehicle drawn by animal power, $30 per year, for the period from July 1st to June 30th the following year, and for each assistant $20 for the same period. Any hand-cart or vehitde drav/n by other than animal power, S20 per year for the period from July 1st to June 30lh the following year. No hand-cart peddlers vail be allowed to sell any vegetables from their cart. Any peddlers carrying their wares. $10 per year for the period from July 1st to June 30th the following year. No person engaged in peddling, as foot or hand-cart peddler, shall have an assistant while so engaged. REVISED ORDINANCES. 317 No peddler's license shall be issued for any other period than as above specified. Upon payment to the city clerk of the license fee prescribed in this section, the city clerk shall issue such license, which nnist be signed In^ the city clerk. Badge. Section 3. Every peddler shall wear conspicuously on his outer garment a badge or metal shield, upon which shall be in- scribed the word "Peddler" and his number, and every peddler using a wagon or vehicle of any description shall have a tin or metal sign upon wliich shall be painted the word "Peddler" and his number, in letters not less than two inches in height, fastened conspicuously upon each .side of his wagon or vehicle, said badge and sign to be furnisheil by the license inspector free of charge, and must be removed upon the expiration of the term for which such license was issued. Penalty. Section 4. Any person so licensed as aforesaid who shall be guilty of fraud, cheat, misrepresentation or imposition, or anv per- son who shall neglect or refuse to comply with, or shall violate any of the provisions of this chapter, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than $5 nor more than $50, or be imprisoned not exceeding thirty days. Peddlers, Not to Purchase Junk from Minors. See Junk Dealers, Section 6. Plumbers, not to Purchase Junk or Lead Pipe from Minors. See Junk Dealers, Section 6. 318 REVISED ORDINANCES. CHAPTER LXII. Permits. PLUMBERS. Section 1. It shall be unlawful for any person, firm or cor- poration to engage in the plumbing business as a master or con- tracting plumber in the city of Omaha without having an established place of business in said city, and without having first secured from the building inspector a master plumber's general permit. Application. Section 2. Application for master plumber's general permits shall be made in writing, upon blanks furnished by the plumbing inspector, and shall show the name of the applicant, the location of his or their place of business and such other information as may be required. Bond. Section 8. With each application for a nuister plumber"s general permit there shall be filed a bond in the sum of $1,000.00, with two sureties, who shall each certify that he is worth, over and above all indebtedness and liabilities, double the amount of the bond in real estate situated in Douglas county, Nebraska, or a bond by an approved surety company; such bond to be for the pro- tection of the city agianst loss or damages by reason of the care- lessness or negligence of the person furnishing such bond to prop- erly execute and protect any and all plumbing work performed by him or them, or any work under his or their supervsion during the period of said master plumber's general permit, shall be so conditioned, and such bond shall be approved by the city council. Upon the approval of such bond, and upon the payment to the city clerk of a fee of $5.00, it shall be the duty of the build- ing inspector to issue to the applicant a master plumber's general permit, which must be countersigned by the plumbing inspector, to engage in the business of master plumber for the period ending June 30th following. All master plumbers' general permits shall expire on the 30th day of June after they are issued, and shall not be transferable. REVISED ORDINANCES. 319 Removal. Section 4. Should any person, firm or corporation, after having secured a master plumber's general permit for a certain location, desire to remove to another location within the city before the expiration of said general permit, he or they must first make application to the building inspector, in writing, for a transfer of said location, which transfer shall thereupon be authorized, in writing, by the building inspector unless some good reason exist for refusing same. Notify inspector. Section 5. Any person, firm or corporation desiring to en- gage in the business of a master plumber in the city of Omaha shall have his or their full name, residence and place of business regis- tered in a book kept for that purpose bj- the building inspector, and in case of removal or change of any firm or corporation to notify the building inspector at once of such change. They must faith- fully observe all ordinances of the city pertaining to plumbing and all plumbing work under their control must be executed in a work- manlike manner. Any person, firm or corporation not so regis- tered shall in no case be granted a master plumber's general per- mit. Written application. Section 6. It shall be unlawful for any person, firm or cor- poration of master plumbers or any journeyman plumber to begin on any job of plumbing work until the owner, agent or occupant of the premises has secured from the building inspector a special permit to do said work, except as herein provided for. In order to secure said special permit the owner, agent or occupant shall make a written application, upon blanks furnished by the building inspector. Said application shall show the name of the owner, agent or occupant of the premises where said work is to be done, the location of said premises, lot, block, and addition, street and number, and the name and location of the master plumber having charge of the work and a description of the work to be done, setting forth the number and kind of fixtures ; and the applicant shall pay a fee of fifty cents per fixture with sewer or cesspool connections. No permit — Minor repair work. No special permits shall l)e recjuired for minor repair work. By minor repair work is meant the repairs of leaks in pipes, traps 320 REVISED ORDINANCES. or cocks, opening up waste or supply pipes, traps or drains, and replacing broken fixtures and frozen pipes inside of the walls of buildings ; but where wastes or fixtures are changed and inspection is required, special permit must be taken out and inspector noti- fied of change before same is covered up. Keep permit on premises. It shall be the duty of master plumbers to keep all special per- mits on the premises where the work is being done for which said special permits were issued, until such time as work is completed, tested and accepted by the plumbing inspector, when the permit must be returned to the building inspector, who shall cancel the same. And it shall be unlawful to cover up or in any way conceal any plumbing work before the same has been tested, inspected and approved by the plumbing inspector. Notify building inspector for test. Section 7. It shall be the duty of any person, firm or cor- poration of master plumbers to notify the building inspector when plumbing work is ready to be tested or inspected. Said notice must be filed in the office of the building inspeetor at least four hours before such test or inspection is desired. Plumbing work defined. Section S. The term plumbing work as herein provided covers all water pipes from water main in street and through pre- mises and buildings, all pipes used to ventilate sewerage system in buildings and to a distance of four feet outside of foundation wall ; also all material and work used in the construction of new, or reconstruction, alteration or placing of new or replacing of old pipes, fixtures and appurtenances thereto belonging which are used to conduct water to and from and to distribute it in or about any building for any use whatever; also all pipes in connec- tion with gas. vapor or waste of any kind which may be discharged into drains or sewers ; also all repairs on aforesaid pipes, fixtures, etc., Water and air tests. Section 9. All tests of roughing in plumbing to finishing floor and wall line must be made with either water or air. If the test be made with water the entire system of plumbing must be filled with water to the top of the highest vent-pipe on roof. If the test be made with air it must be under a pressure of not less than REVISED ORDINANCES. 321 ten pounds to the square inch. All tests herein required must be applied by the plumber in charge of the work, in the presence of the plumbing inspector, and maintained for a sufficient length of time to allow the plumbing inspector to make a thorough and complete examination of the work, and, if defective material and workmanship be found on the job, the same must be removed at the expense of the master plumber having charge of the work and replaced with i^roper kind of material and workmanship. Tests after fixtures are connected. Section 10. After all fixtures are connected and traps filled with water there shall be a final inspection made. In no case shall the plumbing inspector accept or approve any job of plumbing work until the same has been made perfectly tight and to conform with this chapter. Duties — Plumbing inspector. Section 11. It shall be the duty of the phmibing inspector to furnish, at all times, information regarding the requirements of this chapter. Inspector to issue certificate. Section 12. It shall be the duty of the plumbing inspector to supervise all plumbing work done in the city of Omaha, and if, after having made the proper final inspection on any job of plumb- ing work, the same is found to be properly done and to be perfectly tight as rec^uired by this chapter, it shall be the duty of the plumbing inspector to issue to the master plumber in charge of the work a certificate of completion, setting forth the fact that the work has been tested and inspected and the same found to have been done according to the rec[uirements of this chapter Imperfect material. Section 13. It shall be the duty of the plumbing inspector to investigate all cases reported or referred to him of the use of imperfect material or workmanship on any job of plumbing work, or the violation of the provisions of this chapter either by the mas- ter or journeyman plumber, builder or owner, and to stop work and report same to the examining board who shall investigate the same and prosecute the offending parties, if guilty, of violating rules and regulations of said board as required by law. 322 REVISED ORDINANCES. Inspect old plumbing. Section 14. It shall be the duty of the board of examiners to make inspections of old plumbing work at the request of the agent, owner or occupant of any building or premises where said plumbing work is located, in order to ascertain whether or not the plumbing in said building or premises is in a sanitary con- dition. The said board shall have the right and authority to enter any building or upon any premises at all reasonable hours to ascertain if the provisions of this chapter or any other provision of the ordinances of this city relating to plumbing have been or are being complied with ; also where they have reason to believe de- fective or unsanitar}^ plumbing exists, and whenever defective or unsanitary plumbing is found it shall be the duty of the said plumbing board to notify the agent or owner of the premises on which the same is found to forthwith cause such plumbing to be changed and be made to conform with the rules and requirements of any existing ordinance, or to be changed and made sanitary in such other manner as said plumbing board may authorize and direct, and such owner and agent is hereby required within ten days after receiving such notification to comply therewith, and failing or neglecting to do so he shall be considered as maintaining unsanitary plumbing and violating the requirements hereof, and it shall be the duty of said plumbing board to make complaint against such owner or agent and cause him to be prosecuted. Record of inspections. Section 15. The plumoing inspector shall keep a complete record of all inspections and tests made by him as plumbing in- spector in the city and make a report of the same each month to the building inspector, except it would not be necessary to report the tests made on old work. Building inspector keep records. Section 16. The building inspector shall keep a record book, wherein he shall register the full name, residence and place of bus- iness of all persons, firms or corporations engaged in doing plumb- ing work in the city as master plumbers. Plumbing inspector prohibited from doing outside work. Section 17. It shall be unlawful for the plumbing inspector to engage in the business of a master plumber, or to perform any REVISED ORDINANCES. 323 work as a journeyman plumber in the city of Omaha during the term of office -as plumbing 'inspector. Rules. Section 18. The following rules and regulations are hereby established to govern the construction of all new, or the recon- struction of old plumbing work: Rule 1. All soil pipes and fittings, in buildings and to a dis- tance of four feet outside of buildings, must be of extra heavy cast iron soil pipe, free from any defects and of uniform thickness and of the following weights: 2-inch pipe, five and one-half pounds per foot. 3-inch pipe, nine and one-half pounds per foot. 4-inch pipe, thirteen pounds per foot. 5-inch pipe, seventeen pounds per foot. 6-inch pipe, twenty pounds per foot. 8-inch pipe, thirty-three and one-half pounds per foot. 10-inch pipe, forty-four pounds per foot. 12-inch pipe, fifty-four pounds per foot. Or wrought iron pipe with recessed screw drainage fittings. Rule 2. All main lines of soil pipe shall run on as near a direct line as possible to principal fixtures or set of fixtures, then as direct as possible to a point eighteen inches above roof; 1-6, 1-8 and 1-16 bends may be used at roof. In all cases the pipe or aggregate number of branches of main soil pipe shall equal in cross section at roof the cross section of main soil pipe entering building and in no case shall be less than four inches in diameter. Rule 3. All soil pipes must have fall of at least a quarter of an inch to the foot, and be put in as even as possible. Rule 4. All horizontal lines of waste pipe nuist have brass or heavy iron clean-out placed at end of fine and clean-out must have shoulder and washer at screw connection. Rule o. There must be a Y and 1-8 bend or two 1-8 bends with a Y above bends at the foot of all vertical lines of waste pipe and a clean-out caulked into the Y ; but if it is under floor clean-out must be carried flush with floor line, or to some point where it will be readily accessible. Clean-outs nuist be same size as soil pipes, ex- cept when soil pipe is larger than four inches, in such cases clean- out need not be larger than four inches in diameter. 324 REVISED ORDINAN^CES. Rule 6. All changes in direction of horizontal lines of waste pipes must be made with Y's or 1-16, 1-8 or 1-6 bends. Rule 7. No sanitary or common T's will be allowed on liori- zontal lines of waste pipes except where it is impossible to use Y and 1-8 bend. Rule 8. Where soil or waste pipes are placed in buildings for future use, the necessary openings in soil and ventilation pipes nuist be left as near the place for future use as possible and securely plugged, tested and inspected. Rule 9. Each vertical line of soil pipe shall rest on an iron pipe rest or on some unremovable timber, and when lines are more than twenty feet they must have rests on each floor. Rule 10. Horizontal line of soil pipe must be fastened with iron hooks or iron hangers when run on wall or ceiling, and when put in trench must be supported by brick or stone piers. Rule 11. In buildings that have been fitted up with stand- ard soil pipe, additional extensions may be made with standard soil pipe, providing work in building is in accordance with rule 2 of this section when standard soil pipe is used, inspection only shall be required; but work must be done in accordance with said rule, and when standard soil pipe is taken out from roof to first floor for an}- cause soil pipe in building must be replaced with extra heavy soil pipe, so as to comply with all the rules of said chapter governing new work. Rule 12. Each and every building in which plumbing fixtures are permanently located shall be connected with sewer, except where provision is made for connection with cesspool. Rule 13. Where only one fixture is put in building with waste connection, two inches or less, a two-inch pipe may be used as shown on Figure 3 of plan prepared by the plumbing inspector, which is contained in this chapter hereby approved and reference made to the same. Rule 14. The proper sizes of waste pipes for fiixtures shall not be less than the following sizes: Water closets '. 4 inches Bath tubs U " Sinks H " Wash trays U " Urinals H " REVISED ORDINANCES. 325 Bar wastes U inches Wash basins 1^ " Cesspools and slop sinks not smaller than 2 inches Rule If). All traps and closets must be revented, except siphon jet closets revented by another fixture or fixtures, which require a re vent or a combined re vent of not less than two inches, and waste must be put in, in such a manner as to allow full two inches for revent for closet and must not be more than five feet from cen- ter of closet opening at floor Hne to the point where waste of other fixture or fixtures come through the floor line to receive other fix- tures, and must be taken from closet opening at bend, as shown on Figures 2 and 4, contained in this chapter, hereby approved and reference made to the same except it be on top floor and with- in five feet of main stack or on lower floor with no other closets above it. Rule 16. When revent is connected to main soil pipe it must be done by means of a Y branch, and in buildings having fixtures more than one floor must be returned to soil pipe on a direct line as possible, as shown on Figure 1 of said plan, contained in this chapter hereby approved and reference made to same providing fixture or fixtures on lower floor require a vent pipe of two or more inches. In all cases where revent pipe is connected to main soil pipe, soil pipe must be increased one foot below roof, as shown on plans herein referred to, as follows: two inches to four-inch, four-inch to six-inch, etc. Rule 17. Where only one set of fixtures is revented into main soil pipe it may be done as shown by Figure 4 of the plan above mentioned, unless there be a closet on lower floor, in which case revent must be carried into soil pipe, as shown on Figure 2 aforesaid of said plan. Rule 18. All branches in revent pipes must be put in in such a manner so that revent pipes cannot become waste pipes in case of stoppage in waste pipe, and all branches must be put in at least six inches above the highest fixture of the one or set of fixtures to be revented. Rule 19. All soil and vent pipes must run on as straight a line as possible and shall not terminate below the top of any win- dow. When nearer than ten feet to any window they nuist be carried above same. 326 REVISED ORDINANCES. Rule 20. When drum traps are used they shall not have long extension vent couplings, unless there be a slip joint at wall, and they must have couplings, that will allow covers to be taken from traps and allow free access to same. Rule 21. All revent pipes must be galvanized wrought iron or lead, or extra heavy soil pipe, and must connect to trap they are intended for at crown when possible, and be graded so as to dis- charge water collected by condensation and must run on principle as shown on plans referred to when possible, or run through roof separately; but where run through roof separate must be connected back into waste pipe at bottom same as if revented into main stack, and in all cases revent pipes must be increased below roof, so that same wijl be not less than four inches, and all pipes for sewerage ventilation must be carried at least eighteen inches above point where it goes through roof. Rule 22, The proper size for ventilation' pipes shall be as follows : Water closets , 2 inches Sinks -. ...li " Bar waste H " Bath tub H " Wash basin 1^ " Urinal U " Cesspools and slop sinks H " Wash trays U " Rule 23. Where two or more revent pipes join together and are less than two inches, vent pipe must be increased to two inches. Rule 24. When more than three closets connect to a revent pipe, the revent pipe must be enlarged one size, and one size for every three closets thereafter until revent pipe equals main soil pipe. Rule 25. In all cases where revent pipe equals main soil pipe, main soil pipe must be increased at Y branch where revent is taken into it, as follows: Two inches to four inches; four inches to six inches, etc., and where revent is larger than two inches soil pipe must be increased one size at Y branch or may be run through separately, but must connect to soil pipe at bottom, as shown by said plan. Rule 26. Combination brass and lead solder nipples will not be allowed unless they be made of lead at the weight of not less REVISED ORDINANCES. 327 than 2^ pounds per foot and connection between lead and brass be made with wiped joint. Rubber vent couplings will not be allowed except in old buildings on repair work. Rule 27. Each and every wash basin and fixture must have separate traps placed as close to the fixtures as possible and be prop- erly ventilated. Rule 28. All traps must have a water seal of not less than one and a quarter inches in depth, and must be set true to water seal. Rule 29. The use of wooden trays or sinks is prohibited. They shall be of non-absorbent material. Rule 30. All inside leaders (rainwater pipes) must be of extra heavy cast iron soil pipe or galvanized wrought iron pipe (same to be tested) with roof connections, made gas and water tight by means of heavy lead or copper-drawn tubing soldered to brass ferrule, caulked or screwed into iron pipe. Rainwater leaders shall not be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipe be used for rainwater leaders. If rainwater leaders or outside conductors are connected to sewer they shall be separately and independently trapped, trap to be below the frost fine. Permit. for such connection must be obtained from the city engineer. Rule 31. All joints of cast iron pipe must be packed with picked oakum before molten lead is run in. Rule 32. Steam boiler blow-offs, pump exhausts, drains from carriage wash or drains from barn floors may be connected with sewer by putting in catch basins of suitable size and con- struction, provided a permit for such connection shall be obtained from the city engineer, and pipe must be put in so as to form a trap in catch basin, and must have clean-out on house side of sewer in catch basin. Rule 33. No bell-trap cesspool of any kind will be allowed in any building without having a trap placed in waste pipe as close to the cesspool as possible, trap to be the same size as waste pipe and properly ventilated. This rule does not apply to carriage wash or drains from barn floors. Rule 34. In any case where an additional fixture is required in a building, and it is impossible to get revent pipe for the trap, the plumbing inspector shall designate the kind of trap to be used. 328 REVISED ORDINANCES. Rule 35. Waste pipe for refrigerators or other receptacles in which provisions are stored shall not be connected direct with drains, soil or waste pipe, but must drip into open tray, the tray being trapped, and the lower end of waste pipe from tray discharg- ing into some fixture in constant use, except in saloons and cold storage houses, when same may be connected direct with drains, soil or waste pipes, if properly trapped, and traps ventilated in accordance with the provisions of this chapter regulating traps and ventilation. Rule 36. Water closets must be glazed earthenware, iron enameled, all exposed; the wood work to consist of seat and back only. - Rule 37. Pan, long hopper, plunger or other closets having a direct supply, or closets not having their walls flushed with each discharge of the tank, will not be allowed in any building, and if taken out for repairs must be replaced with water closets as desig- nated in Rule 36. Rule 38. Long hopper closets will be allowed in outhouses if properly connected with trap below frost line, as per Rule 44. Rule 39. All closets inside of buildings must have brass floor flange soldered to the lead opening in the waste pipe, and have rubber gasket or other approved compound between flange and closet; closet to be bolted to flange with brass bolts and flange securely fastened to floor. Rule 40. All solder joints between brass and lead, copper and lead, or two lead ends must be regulation wiped joints, and the same must be done in a first-class and workmanlike manner. No cup or overcast joints either with soldering iron or cloth will be allowed. Rule 41. All public urinals must have an automatic flush tank to supply same, and must also have some kind of non-absorb- ent safe placed in the floor under same, except in cases where the floor is of non-absorbent material. Rule 42. All connections between lead and iron soil pipes must be made of either extra heavy brass or some other approved ferrviles. Rule 43. All lead bends, lead traps and lead nipples shall be of drawn lead. No cast lead traps, lead nipples or lead ferrules will be allowed. REVISED ORDINANCES. 329 Rule 44. All outside water closets must be constructed as follows: When the same is intended to be connected with sewers there must be a brick vault not less than 4x4 feet, and of a suffic- ient depth to bring traps below frost line, each closet to be separately trapped with not less than four-inch soil-pipe trap, same to have brass clean-out caulked into trap on sewer side to admit of clean- ing same; soil pipe and trap to be what is known as extra heavy, and the pipe to extend to a point four feet outside the vault, the same to be properly fastened and secured. Where waste pipe comes through floor to receive water closet the same shall be four- inch lead pipe and properly flanged over on floor. Penalty. Section 19. Any person, firm or corporation who shall violate, or who shall refuse, neglect or fail to comply with any of the pro- visions or rules of the preceding sections of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five (So) dollars nor more than fifty ($50) dollars for each offense; and any person holding an unexpired plumber's license, who is convicted of having violated any of said provisions shall have his license revoked by the board for the examination of plumbers, as provided for in section 14, of house roll 124, 27th session of the legislature of the state of Nebraska. 330 REVISED ORDINANCES. r^ F^a- ^ Revents from Basement Fixtures must connect to main vent pipe 6 inches above first tloor fixture. REVISED ORDINANCES. 331 Revents from Basement Fixtures must connect to main vent pipe 6 inches above tirst flooi- fixture. 332 REVISED ORDINANCES. To Sewe/ REVISED ORDINANCES. 333 334 REVISED ORDINANCES. DRAIN LAYING. Rules for drain laying. Rule 1. Before any portion of the drainage system between the iron soil pipe of any building and the sewer shall be constructed, reconstructed or altered, there shall be filed in the office of the city engineer a plan thereof signed by the owner or lessee showing said portion of such drainage system entire from its connection with the sewer together with the location of all constructed and contemplated intermediate fixtures. No portion of said drainage work shall be executed until said plans thereof shall have been approved by the city engineer. City Engineer approve plans and specifications. After a plan has been approved no alteration of the same shall be made except upon the written appUcation of the owner or lessee and filing of plans of such alteration. Said plans shall clearly explain all portions of the proposed construction or alteration. The work must be executed strict^ in accordance with the approved plans and specifications. This regulation also applies to any ex- tensions or alterations of work heretofore done or partly done under prior permits, excepting repairs. Whenever a drain layer makes apphcation for a permit to exe- cute work at a place where the city engineer shall deem stakes un- necessary the permit shall be issued to him without the require- ment of a fee. The city engineer shall be notified by the drain layer as to the time when he proposes to commence work upon any sewer connection or its appurtenances, in order that the inspectors may inspect the entire progress of the work. The drain laj^er must in each case report to the city engineer the completion of such work within the following four daj^s. Permit from city engineer. Rule 2. No building or premises shall be connected with any sewer and no extension or alteration of any existing sewer connect- tions shall be made without a permit from the city engineer, and no permit shall be issued until the applicant shall produce evidence that the sewer tax against the property to be sewered has been paid. If the tax is not yet payable, then the estimated tax for such sewer against such property must be deposited with the treas- REVISED ORDINANCES. 335 urer before a permit shall be issued. Where property is not in a sewer district permit can be given upon deposit of the amount of tax for similar frontage in the district where the connection is sought to be made. Where connection is sought to be made to a main sewer a treasurer's deposit of 50 cents per front foot of the property for which connection is sought shall be exacted. For each sewer connection for drainage or other purposes to be made by franchised or other corporations using the streets, twenty-five ($25) dollars shall be deposited to the credit of the sewer fund before a permit therefor shall be issued. Such work to be done as in other cases by licensed drain layers. Inspection drainage work. Rule 3. No drainage work shall be covered or concealed in any way until after it has been examined and api^roved by the in- spector and a certificate issued by such- inspector to that effect. Stub books containing duplicate of such certificate, duly dated, shall be kept on file by the city engineer. Duties, drain layer. Rule 4. Before any trenching shall be done the drain layer shall first ascertain from the city engineer the location of the Y junction or slant with which he intends to connect and make the necessary excavation to find and uncover the same. He shall then notify the city engineer, who shall thereafter give him the grade and alignment for the proposed sewer connection or drain. No ditch shall be excavated nor any drain nor sewer connection shall be laid before the necessary stakes are set by the city engineer, and all work done in violation of this provision may be condemend and required to be done over without extra charge for the same. Stakes set by city engineer. Rule 5. In case the drain layer cannot find a Y or slant within three feet of the place designated by the engineer he will be allowed, in the case of pipe sewer, to take up one length of pipe and replace it with a junction piece, and in the case of brick sewers he will be allowed to cut through the arch at a place designated by the inspector. In no case will the drain layer be allowed to make a special connection without a written order from the city engineer, and then only in the presence of an inspector, whose directions must be implicitly followed. In all cases, however, no trench shall be 336 REVISED OllUINANCES. excavated or pipe laid to any connection before stakes shall have been set therefor by the city engineer. House connection pipes. Rule 6. House connection pipes, unless otherwise specified in the permit, shall be six inches in diameter, and shall consist of first class vitrified clay pipe from a point four feet outside of the building to the Y connection or slant in the sewer. First length. Rule 7. The first lengths of the connection pipes at the ''Y" shall be a "T," placed with the opening on the upper side and provided with a suitable cap for closing the same. Such "T" shall not be permanently sealed until after the light test has been made by the inspector assigned to such work. Soil pipe. Rule 8. At the connection of the drain with the soil pipe, in the absence of a suitable clean-out and at all changes of grade or alignment, the drain should be provided with a "T" and cap so as to admit of a satisfactory light test in the drain pipe connection. Hotels and restaurants. Rule 9. In sewer connections for hotels, restaurants, business houses or public buildings and where several houses use one con- nection, manholes of the form, character, material and construction approved by the city engineer shall be built at such points on the line of the drain between the sewer and buildings as the engineer shall direct. Pipes on grade. Rule 10. All pipes shall be laid true to line and grade in strict conformity with the stakes set by the engineer, and in such manner that a light placed at one end of a straight section shall be clearly visible at the other end of said section. The inspector shall in all cases make light tests of all portions of a drain before such portions are covered, and the construction of no drain will be allowed unless all parts admit of and satisfy the light test. Such test, if satisfactorily made, shall be certified to by the inspector. REVISED ORDINANCES. 337 Oakum joints. Rule 11. All joints in cast iron drain or waste pipes shall be calked with okum and lead so as to make them gas tight. Joints. Rule 12. All joints of clay pipe shall be made by first pressing a gasket of oakum tightly into the joint to preclude the entrance of cement into the inner surface of the pipe, and then after setting the pipe into position as to grade and line fresh cement mortar shall be pressed into the joint with the fingers around the entire circumference, special care V^eing taken to fill the under side as well as the upper one of the pipe. Inspected and sounded. Rule 13. Before being lowered into the trench all pipes shall be carefully inspected and sounded for cracks or other defects, and matched, so that when joined in the ditch they will form a smooth line of tubes, Cracked or otherwise defective pipes will be con- demned and removed from the work. Wet ground. Rule 14. In specially wet ground, where the inspector shall ■deem it advisable, the gasket shall be dipped into a solution of hot tar, and the mortar used for joints shall be pure hydraulic cement, mixed with just enough water to give it a proper consistency. All surplus cement must be carefully removed from the inside of the pipes at once before it has had time to harden, and the sewer be left perfectly clean throughout the whole length. No joint shall be cemented before the gasketing of the joint next in advance has been finished. When the joint is finished great care will be taken not to disturb the pipes by stepping on or near them. Rule 15. All excavations shall be done by open cut from the surface. If any excavation is made at any point other than that de- scribed in the application. for the permit the party making such excavation shall be liable as if no permit had been issued. Rule 16. Trenches in public streets or alleys shall he exca- vated so as to impede the public travel as little as possible. The crossings of gutters and all waterways shall be left in such shape as to admit of the ready escape of water duriiig storms. 338 REVISED OllOIXAXCES. Planks shall always be provided where sidewalks or crossings are open, so as to facilitate easy crossing over trenches. Red lights. Rule 17. Red lights shall be kept around all unfinished work at night, and fences or other suitable and sufficient barricades against accident shall be placed around excavations at all times. Rule 18. Work on public streets must not be unnecessarily delayed, and when directed by the city engineer the number of workmen shall be increased to hasten the work as shall be deemed necessary for the public interest. Six feet deep. Rule 19. Trenches in depth of six (6) feet or over and in all made or otherwise treacherous soil, or near large brick building walls, shall be property braced, and the licensee and his bondsmen shall be liable for all damages by reason of neglect in this respect. Refilling trenches. Rule 20. The refilling of all trenches, if in unpaved streets or alleys, shall be well and thoroughly done in uniform layers of not exceeding nine (9) inches and tamped with a tamper weighing not less than twenty (20) pounds and having a surface of not more than six (6) inches in diameter, or with puddled earth, as may be directed by the inspector assigned to such work, so as to replace all excavated material and leave the surface in as good condition as found before the commencement of the work. Refilling trenches, paved streets. Rule 21. The refilling of all trenches, if in paved streets or alleys, shall be carefully and thoroughly done m uniform layers of not exceeding nine (9) inches, and tamped with a tamper weighing not less than twenty (20) pounds and having a surface of not more than six (6) inches in diameter. All paving material shall be re- newed or replaced in as perfect and substantial a condition as before excavating, under the supervision of the inspector assigned to such duties, and in the event of settling within twelve months after being refilled and repaired the City Engineer shall have the right and it shall be his duty to demand and require its restoration by the party who made such excavation, and it shall be the duty of the party who made such excavation to proceed to make good REVISED ORDINANCES. 339 svich work within twenty-four (24) hours after such demand, and to complete the same within a reasonable time thereafter. All sur- plus material in all cases of excavation shall be taken off the street at once and delivered at such point as such engineer may direct. It shall be the duty of any party making any excavation, in any paved street or alley under guarantee contract, immediately upon the completion of the work vipon said excavation to cause the same to be repaved by the party having the contract for such repairs or maintenance. A thorough inspection of all excavations in streets, alleys or public grounds must be made by the officer in charge of such ex- cavations or the inspector assigned to such duty before the expira- tion of the time of the liability of the party making such excavations. Boilers. Rule 22. Steam from boilers and the waste from elevators must be discharged into catch basins and not directly into sewers. Junction pipes. Rule 23. No junction pipe shall be cut or taken up for con- nection purposes without a special permit, and then only in the presence of the proper inspector. Storm water sewers. Rule 24. Storm water connections to conduct water from yards or overflow pipes from cisterns will be permitted only with storm water sewers. Sewers caving in. Rule 25. Accidents to sewers by caving in or cleansing of private connections must be promptly reported to the officers in charge of such work, and no "Ys" shall be uncovered for any sewer connection, except in the presence of the proper inspector. Manhole. Rule 26. Entrance into man holes or the opening of the same except by the officer in charge thereof or the inspector assigned to such duty, isstrictly prohibited. Open sewers. Rule 27. In no case shall any trench in any paved street or alley be allowed to remain open longer than three days. 340 REVISED ORDINANCES. Rules, water pipe. Rule 28. No water connection pipe shall be laid in the same trench with sewer connections or drain pipes. Section 2. That the provisions and regulations contained in the foregoing rules, together with such instructions from the city engineer as he may deem proper shall extend over and govern the construction, reconstruction, alterations and repairs of that portion of the drainage or sewerage system of all buildings extend- ing from the end of the iron soil pipe outside of the building to the "Y" or slant in the sewer. Section 3. Any person or persons ■v^'ho shall violate any of the provisions of this chapter or any of the foregoing rules or regulations, or who shall fail or neglect to comply with any of said provisions, rules or regulations, shall be considered guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred (SlOO) dollars for each offense, or shall be imprisoned for not exceeding thirty days in the city jail, or both, in the discretion of the court, and if the guilty party be a licensed drain layer or plumber the license shall be declared for- feited. REVISED ORDINANCES. 341 CHAPTER LXIII. POLICE. Sale of unclaimed goods. Section 1 . That the chief of pohce be and is hereby empow- ered to offer for sale and sell at public auction to the highest bidder for cash, upon giving ten (10) days' notice of the sale, all personal property taken from persons arrested and searched, or which may be left or deposited with the chief of police or the police department by persons arrested, detained or accused of crime; said sale to take place at the police station and the notice of such sale to be published for at least ten (10) days in the official newspaper of the city; Provided, that no such property shall be offered or sold unless it shall have remained unclaimed and uncalled for by the person from whom it was taken for a period of six months after the dis- charge, liberation or departure of the person from whom such property was taken. Section 2. That all moneys arising from the sale of the un- claimed property mentioned in section 1, after deducting the ex- penses incident to the sale, shall be paid into and placed to the credit of the police relief fund. Bond of policeman. Section 3. That every member of the police department, before entering upon his duties, shall file a bond with the board of fire and police commissioners of the city of Omaha in the sum of one thousand dollars ($1,000) in favor of the city of Omaha, con- ditioned to hold the city of Omaha harmless from any loss or lia- bility by reason of his appointment and for the faithful and im- partial performance of his duties as such member of the police de- partment and to deliver to the city of Omaha, or to some person duly authorized to receive the same, all property in his possession belonging to said city. Said bond shall be executed as required by the act incorporating metropolitan cities. Provided further, that this section shall not ajiply to and shall not be construed to apply to the chief of police. New bonds. Section 4. That all members of the police department, ex- cept the chief of police, shall, whenever required by the board of 342 REVISED ORDINANCES. fire and police commissioners, of the city of Omaha, file with said board new bonds conditioned as provided in section 3, and to be approved by said board. Duty. Section 5. It shall be the duty of all policemen and police officers of this city to become thoroughly conversant with the ordi- nances of this city and to see that the same are strictly enforced at all times. They shall have power to arrest any person on view for the violation of any of the ordinances of this city or laws of this state or to take into custody any arrested person from the custody of any officer of this city or state, or any private person authorized to make an arrest, and take such arrested person before the police judge, or to the city jail, as the case may be, and after conviction, or being held on preliminary examination, to take and carry any prisoner to the proper jail or place of confinement within the county. They shall notice all nuisances existing with the city limits of their respective beats and all obstructions to sidewalks or streets therein, and shall forthwith notify the person or persons guilty of committing or permitting such nuisance or obstruction to streets or sidewalks to comply at once with the ordinances of the city relating thereto. If the per-son or persons so notified shall refuse or shall neglect for the space of twenty-four hours after such notice is given, to comply with the provisions of the ordinances of this city, the policeman or officer so notifying such person or persons shall thereupon make a sworn complaint against such person or persons for such viola- tion. . Demand Assistance. Section 6. The pohcemen and police officers of this city, or any of them, shall have full power and authority to call on any person whenever necessary to assist him or them in making any arrest or to take any prisoner before the police judge, or to or from the jail or other place of confinement, and any person who shall knowingly fail, neglect, or refuse to assist any such officer whenever called on by him so to do, shall, on conviction thereof, be fined in any sum not less than ten ($10) dollars nor more than fifty ($50) dollars, and may also be imprisoned not to exceed thirty days. Obstructing policemen. Section 7. If any person shall knowingly or wilfully obstruct, resist or oppose any such officer in the execution of his office or REVISED ORDINANCES. 343 any special policeman in the discharge of his dvities, or any person called to his assistance as above provided for, he or she so resisting, obstructing or opposing, shall, on conviction thereof, be fined in any sum not less than ten ($10) dollars, nor more than one hundred ($100) dollars, or be imprisoned not to exceed ninety days, or both, at the discretion of the court, for every such offense. Personating policemen. Section 8. If any person other than a regular policeman or police officer of this city shall, within the limits of the city of Omaha, wear a badge similar to or resembling the badges pre- scribed for or furnished the police force of this city, or shall falsely and wilfully personate or endeavor to personate any policeman, or shall falsly pretend to be a policeman, and shall seek to exercise any authority as such, or shall do or attempt to do any other act under color of such pretended authority, every such person shall shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten ($10) dollars, nor more than fifty ($50) dollars, and inijjrisoned not to exceed thirty days for every such offense. Abusing prisoners. Section 9. No policeman shall unnecessaril}^ beat or abuse any prisoner in his custody, or in the custody of any officer, and every policeman so doing shall, on conviction thereof before the police court, be fined not to exceed twenty ($20) dollars. Special policemen. Section 10. That the mayor may, bj^ and with the concur- rance of the board of fire and police commissioners, appoint special policemen upon the request of anj- person, co-partnership, society, association, department of the city government of the city of Omaha, company or body corporate desiring the services of a special policeman in or about his, its, or their business or property, upon their agreeing to defray all the expenses of the maintenance of such special policeman and to hold the city of Omaha harmless by reason of such appointment. Provided, that the mayor, may, by and with the concurrance of the board of fire and police com- missioners, appoint such policeman upon the request of any person, copartnership, association, company, or body corporate engaged in the business of watching or protecting property and desiring 344 REVISED ORDINANCES. the services of such policeman in or about the conduct of said business upon their agreeing to defray all expenses of the main- tenance of such policeman and to hold the city of Omaha harmless by reason of such appointment. Bond. Section 11. Every special policeman before being appointed as above provided shall file abond with the board of fire and police commissioners in the sum of one thousand dollars ($1,000.00) in favor of the city of Omaha, conditioned to hold said city of Omaha harmless from any loss or liability by reason of his appoint- ment as such special policeman and for the faithful performance of his duties as such special policeman and to deliver to the city of Omaha, or to some person duly authorized to receive the same all property in his possession belonging to said city. Said bond shall be signed by two or more sureties to be approved by said board. Provided, however, that special policemen may be appointed without filing bonds in cases of emergency or in cases where ap- pointments are made for temporary purposes only. In such cases the board of fire and police commissioners shall have the power to waive the filing of such bonds. Oath. Section 12. All special policemen, appointed under this chapter shall take and file in the office of the board of fire and police commissioners the usual oath of office. Pay. Section 13. The person, copartnership, association, com- pany or body corporate at whose instance such special policeman shall be appointed shall be responsible for the pay of such officers and the city of Omaha shall in no case incur any liability of any character whatever by reason of the appointment of such special policemen. Provided, hoivever. that persons appointed special police- men at the request of a department of the city government shall receive no extra compensation for their services as special police- men. REVISED ORDINANCES. 345 Powers — Removal. Section 14. All special policemen, appointed under this chapter shall have the powers of regular policemen in the discharge of their duties : shall be exclusively employed and engaged in and about the business of the person, copartnership, association, department of the city government, company, or body corporate at whose instance they respectively were appointed; shall be under the jurisdiction and subject to the direction of the chief of police and of the board of fire and police commissioners; and may be removed by said board whenever said board shall consider and declare said removal necessary for the more effective working or service of the police department or for the best interests of the city of Omaha. Police, Notify Owners of Abutting Premises of Dangerous Substances in Streets. See Misdemeanors, Section 74. Police, Not to Collect Certain Fines and Penalties, Dismissal from Service See Misdemeanors, .Section 47. 346 REVISED ORDINANCES. CHAPTER LXIV. POLICE COURT CLERK. Office created. Section 1. That a clerk of the poUce court of the city of Omaha be and hereby is provided, and the office of clerk of said police court be and hereby is created, said clerk to be appointed by the mayor by and with the consent of a majori,ty of the entire council, and to be subject to removal from said office by the mayor at any time by and with the consent of a majority of the entire council. Bond and salary. Section 2. That the clerk of the police court shall be required to give bond in the sum of five thousand dollars ($5,000) con •ditioned as required by the act incorporating metropolitan cities. He shall receive a salary at the rate of one hundred dollars ($100) per month, which said salary shall be in full for the services of said clerk. Duties. Section 3. It shall be the duty of the clerk of the police court to administer oaths, issue warrants, subpoenas and all other process that may be necessary, to take and approve bail in all bailable cases, to make up the records of the police court, and make in proper form the records of all cases appealed, preserve all papers while in said court, and perform such other duties as may from time to time be imposed upon him by law or ordi- nance. He shall be subject to the general direction of the police judge. Additional duties. Section 4. It shall also be the duty of said clerk to attend upon and fully and faithfully record the proceedings of the police court of the city of Omaha. He shall report at the end of each week to the city council all witness fees collected by him and in his possession, and he shall also at the end of each week pay over to the city council of the city of Omaha all fines, fees and costs collected by him. He shall also furnish to the comptroller at REVISED ORDINANCES. 347 the end of each month a full and detailed statement of all fines, fees and costs collected by him or collected by the police judge. He shall also at such time report to the comptroller the fines inflicted, costs, charges, and the amounts paid and unpaid, and the disposition made thereof. 348 REVISED ORDINANCES. CHAPTER LXV. POLICE JUDGE. Police judge — Election of. Section 1. That at the general election of the state of Nebras- ka, held in the county of Douglas, state of Nebraska, on Tuesday succeeding the first Monday in November, A. D. 1901, and every two years thereafter, there shall be elected within the city of Omaha by the electors of said city a police judge for said city of Omaha for the term of two years from the first Tuesday in January next following such election, and until his successor shall be elected and qualified. Duties, County Clerk. Section 2. It is hereby made the duty of the county clerk of said Douglas County to cause to be printed in the ballots required by law to be provided for the several wards and voting districts within said city at such elections the name of every candidate for said office of police judge whose name has been certified to or filed with said county clerk in the manner provided by law, and it is also hereby made the duty of the mayor of said city to issue a proc- lamation to the qualified voters of said city at least twenty days before each of such elections setting forth the time when and places where such election for police judge of said city will be held and cause copies of such proclamation to be posted up in at least three public places in each ward of said city, and published in the official paper or papers of said city at least ten days prior to such election, which said time when and places where said election shall be held in each election district shall be the same as designated for holding said election for the election of state and count}^ officers, and the polls at such election shall remain open between the hours specified by law and shall be condvicted in accordance with the provisions of law provided for such general elections. Duties — Judges and clerks. Section 3. It shall be the duty of the judges and clerks at the close of the polls of such election to canvass and ascertain the result of such election for said office of police judge in addition to canvassing: and ascertaining; the result of such election for other RKVISED ORDINANCES. 349 officers, and the ballots cast, marked or rejected at such elections in each of said election districts, together with the poll books pro- vided by the county clerk shall be conveyed to the county clerk of said Douglas county as required by law to be received and canvassed as provided by said law. Abstract vote. Section 4. It shall be the duty of said county clerk upon the receipt of such returns and within sixty days after the closing of the polls, together with two disinterested electors to be chosen by himself, to open the poll books so returned from the several voting districts within said city, and from the returns therein make an abstract of the votes cast in said districts at such election for said office of police judge, and preserve the same in his office, and also upon the completion of such canvass make a duly certified copy of such abstract and seal the same up, addressed to the city council of the city of Omaha, endorsed ''Abstract of votes cast for the office of police judge for the city of Omaha at the general election held November — , 19 — ," and file the same with the city clerk of said city. Council to canvass returns. Section 5. At the first regular meeting of the city council after the filing of such abstract of votes it shall be the duty of the council to canvass the votes cast for the office of police judge of said city as shown by such abstract, and to declare the person receiving the highest number of votes as shown by such canvass duly elected as such police judge, and to cause the city clerk to issue to such person a certificate of election. Privies, Cess Pools, etc. Sec Misdemeanors, Sections 62 and 63. Prize Fighting. See Misdemeanors, Section 8. 350 REVISED ORDINANCES. CHAPTER LXVI. PRISONERS. Judgment — Work out fine — Allowance. Section 1. Whenever the police judge shall find any person guilty of offending against the ordinances of the citj^, or of mis- demeanors under the laws of the state arising within the limits of the city, when the fine does not exceed one hundred ($100) dollars or the imprisonment three months, said police judge shall declare the punishment to be adjudged against such person, which shall be by fine or imprisonment or both, and shall render judgment accord- ingh'. It shall be a part of the judgment that the defendant stand committed until the judgment be complied with, and all fines and costs are paid. Said police judge shall further provide as a part of said judgment that until such judgment be complied with, and such fine and costs are paid, said defendant be required to and shall work out said fine and costs on the public streets, alleys or grounds of the city, or at any other place that may be provided to be done. Said defendant shall be credited for work done at the rate of two (S2) dollars per day for each day said defendant shall actually work. Section 2. The work shall be of such character and shall be done at such times and places and in such manner as the city engineer shall designate, and shall be done under the supervision of said city engineer, and for that purpose the city engineer is authorized to employ an overseer and team when necessary. Refractory prisoners — Penalty. Section 3. Any person so adjudged to hard labor who shall attempt to escape from custody while engaged in said work, or going to or returning therefrom, or who shall become refractory or refuse to work, shall thereafter have a ball of not less than ten pounds in weight securely attached to his leg by a chain, and during the days that he is idle from any misconduct aforesaid he shall be fed on bread and water; Provided, that whenever the conduct and bearing of the prisoner will warrant it, the ball and chain may be removed, in the discretion of the officer in whose custody he may be. REVISED ORDINANCES. 351 CHAPTER LXVII. Produce, sale of. PRODUCE, SALE OF. Section 1. It shall be unlawful for any person to sell or offer for sale, barter or exchange any car load lot or any less quantity, of fruit, vegetable or farm produce, butter, cheese, eggs, game or poultry contained in any railroad car or in any railroad freight depot or ware rooms within the city of Omaha without first ob- taining a hcense to engage in such business; Provided, hotvever, the provisions of this section shall not apply to any farmer, gardener, fruit or vine grower engaged in selling the produce of his farm, gar- den, orchard or vineyard, nor any commission merchant, firm or company having a warehouse and established place of business in the city of Omaha; Provided, further, that any farmer, gardener, or vine grower when engaged in selling any produce as herein described shall when reciuired by the hcense inspector, or any other police officer, make an affidavit that the produce he is then selling or offering for sale, was raised b}- himself or employes, and said affidavit shall also describe the township, section and range, county and state, the land owned or leased by him, on which said produce was raised. Fees. Section 2. The following rates shall be charged for licenses issued under the provisions of this chapter: For a license to engage in such business from Januarylst to June 30th, the sum of fifty ($50) dollars. For a license to engage in such business from July 1st to De- cember 31st, the sum of fifty ($50) dollars. For a license to sell by the car load, ten ($10) dollars for each and every car. Penalty. Section 3. Any person, company, corporation or firm en- gaged in the business or occupation mentioned in section 1 of this chapter without first taking out a license as herein required shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for each offense be fined not less than fifteen ($15) dollars nor more than thirty ($30) dollars. Prostitution. Sec Misdemeanors, Sections 17, IDS and 109. Prostitution, Houses of, Sec .Misdemeanors, Section 47. 352 REVISED OEDINANCES. CHAPTER L XVIII. Use of streets. RAILROADS. Section 1. That the right and authority to use that part of the several streets and alleys which has heretofore or which ma}^ hereafter be authorized b}" ordinance to be used for construct- ing or operating railroad tracks thereon, is hereby granted to any and all railroad companies now or hereafter existing or doing busi- ness in the city of Omaha, for switching such cars thereon which may be necessary for the use, benefit and accommodation of stores, warehouses, factories or other l^uildings now or hereafter erected along the same, subject to the terms and conditions contained in this chapter or that may hereafter be provided by an amend- ment thereto. Subject to condition. Section 2. That the several railroad companies now having tracks upon any street or alley in the city of Omaha, in pursuance of permission and authority heretofore granted under any ordi- nance of the city, shall have the right to operate and maintain such tracks on that part of the same now actually occupied, sub- ject to the conditions of this chapter and subject to all general ordinances now existing or which may hereafter be in force con- cerning railroads or the use of railroad tracks in said city. Provided, hovserer, that all other railway companies are allowed to connect and be permitted to also use said tracks, or tracks connecting therewith, upon just and reasonable terms, compensation and rules regarding the use thereof, such terms, compensation and rules to be agreed upon between said companies, or, in case said companies cannot agree, to be determined by ordinance. Tracks, how constructed. Section 3. All tracks upon any street or alley shall be con- structed in accordance with the grade of said street or alley, as may be determined by the city engineer, and all pavements dis- turbed in the laying or repairing of any track shall be replaced in good and perfect condition, and, when required so to do by ordi- nance, the railroad company owning the track on any street or alley shall pave and repave between the rails of said track and REVISED OllDINANCES. 353 for the distance of one foot on the outside of the rails thereof, at such times, and in such manner, and with such material, as may be required by the city engineer of said cit}' or by ordinance, and will so operate said tracks and cars thereon as not to deprive the public of the use and enjoyment of such part of said street or alley, and so as to interfere as httle as possible with the full and free travel thereon, and so as to not interfere with or injure any man-hole or sewer, or the drainage o? sewerage of said street or alley. Save City harmless. Section 4. The right to use and operate any such track shall also be on condition that the company or companies con- structing, using or operating the same will save the city free and harmless from all damages, costs, expenses and suits arising out of such construction, use or operation of such street or alley by the company constructing, using or operating said track. Charges. Section 5. For the purpose of securing fair and equitable switching rates and proper rules for the use of any railroad track on any public street or alley in the city of Omaha, the city shall have the right to determine by ordinance at any time the reason- able charges for switching cars, and the rules as to the time and manner of switching the same. Acceptance of terms. Section 6. The construction of any railroad track on any street or alley in the city of Omaha or the maintenance, use or operation of any track for the term of sixty days from the passage and approval of this ordinance shall be deemed, considered and held to be an acceptance of all the terms and conditions of this ordinance. Omaha Belt Line, Section 7. That the Omaha Belt Railway Company be and hereby is required to light its railway within the city of Omaha, by erecting and placing at a sviital)le and u'^ual distance from the ground, electric lamps known as arc light lamps, with the fixtures ap}iaratus and electricity necessary for furnishing for each lamp noininallv two thousand caiidlc powci' liuhts, and inaintain such 354 REVISED ORDINANCES. lamps and provide such light from sunset in the evening until sun- rise in the morning of each day, at the points of location, as fol- lows: At the 13th and California street crossing. At the 24th street crossing. At the 30th street crossing. At the Commercial street crossing. At the 45th and Cuming street crossing. At the 43rd and Nicholas street crossing. Section 8. That the Union Pacific railway company be and hereby is required to light its railway within the city of Omaha by erecting and placing at a suitable and usual distance from the ground, electric lamps, known as arc light lamps with the fixtures, apparatus and electricity necessary for furnishing for each lamp nominally two thousand candle power light, and maintain such lamps and provide such lights from sunset in the evening until sunrise in the morning of each day, at the point of location as follows : At 6th and Douglas street crossing. Union Pacific R. R. Section 9. That the Union Pacific Railway Company and the Burlington & Missouri River Railroad in Nebraska be and are hereby required to light their railways in the city of Omaha by erecting and placing at . a suitable and usual distance from the ground, electric light lamps, with fixtures, apparatus and elec- tricity necessary for furnishing for each lamp nominally two thousand candle power lights, and maintain such lamps and pro- vide such lights from sunset in the evening until sunrise in the morning of each day, at the point of location as follows: At the 7th and Douglas street crossing. That said light at the 7th and Douglas street crossing to be erected, placed and maintained by said Union Pacific Railway Company and the Burlington & Missouri River Railroad Company in Nebraska; the cost of such erecting, placing and maintaining to be borne by the said companies in the proportion of one half to each. REVISED ORDINANCES. 355 Union Pacific R. R. Section 10. That the Union Pacific Railway Company, Burlington & Missouri River Railroad Company in Nebraska, and the Chicago, St. Paul, Minneapolis & Omaha Railway Com- pany, be and hereby are required to Hght their railways in the city of Omaha, by erecting and placing at a suitable and usual distance from the ground, electric hght lamps, with fixtures, apparatus and electricity necessary for furnishing for each lamp nominally two thousand candle power lights, and maintain such lamps and provide such lights from sunset in the evening until sunrise in the morning of each day, at the point of location as follows: At the. 9th and Davenport street crossing. That said light at the 9th and Davengport street crossing, to be erected, placed and maintained by said Union Pacific Rail- way Company, Burlington & Missouri River Railroad Company in Nebraska, and the Chicago, St. Paul, MinneapoHs & Omaha Railway Company; the cost of such erecting, placing and main- taining to be borne by the said companies in the proportion of one-third to each. Union Pacific R. R. Section 11. That the Union Pacific Railway Company, the Burlington & Missouri River Railroad Company in Nebraska, the Chicago, Rock Island & Pacific Railway Company and the Chicago, Milwaukee & St. Paul Railway Company be and are hereby re- quired to light their railways in the city of Omaha by erecting and placing at a suitable and usual distance from the ground, electric light lamps, with fixtures, apparatus and electricity necessary for the furnishing for each lamp nominally two thousand candle power lights, and maintain such lamps and provide such lights from sunset in the evening until sunrise in the morning of each day, at the points of location as follows : At the 20th street crossing under the bridge. At the 14th street crossing, between the two bridges. At Sheeley's crossing. At the 17th street crossing. That said lights at the 20th street crossing luuler the bridge; at the -14th street crossing between the two bridges; at Sheeley's 356 REVISED ORDINANCES, crossing and at the 17th street crossing, to be erected, placed and maintained by said Union Pacific Railway Company. Burlington c^' Missouri River Railroad Company in Nebraska, Chicago, Rock. Island & Pacific Railway Company and the Chicago, Milwaukee & St. Paul Railwav Company; the cost of such erecting, placing and maintaining to be borne by the said companies in the propor- tions as follows : By the Union Pacific Railway Company, two-fifths. By the Burlington & Missouri River Railroad Company in Nebraska,, one-fifth. By the Chicago. Rock Island cV Pacific Railway Company, one-fifth. By the Chicago. ^lilwaukee c^' St. Paul Railway Company, one-fifth. Several Railroads. Section 12. That the Omaha Belt Railway Company, Fre- mont, Elkhorn A: Missouri ^'alley Railway Company, and the Chicago, St. Paul. Minneapohs & Omaha Railway Company be and hereby are recjuired to light their railways in the city of Omaha by erecting and placing at a suitable and usual distance from the ground, electric light lamps, with fixtures, ai)paratus and electri- city necessary for furnishing for each lamp nominally two thou- sand candle power lights, and maintain such lamps and provide such lights from sunset in the eevning until siuirise in the morn- ing of each day. at the points of location as follows: At the 14th and Nicholas street crossing. At the Locust street crossing. At the Grace street crossing. The said lights at the 14th and Nicholas street crossing, at the Locust street crossing, and at the Grace street crossing, to be erected, placed and maintained by said Omaha Belt Rail- way Company, Fremont, Elkhorn & ^Missouri Valley Railway Company, and the Chicago, St. Paul, Minneapolis &: Omaha Rail- way Company, the cost of such erecting, placing and maintaining, to be borne by the said companies in the proportion of one-third to each. kevisp:d ordinances. ' 357 F. E. & M. V. R. R. Section 13. That the Fremont. Elkhorn & Missouri \a]\ey Railway Company be and hereby is required to hglit its railway within the city of Omaha by erectino- and placing at a suitable and usual distance from the ground, electric light lamps, known as arc light lamps, with the fixtures, apparatus and electricity necessary for furnishing each lamp nominally two thousand candle power lights and maintain such lamps, and provide such light. from sunset in the evening until sunrise in the morning of each day, at the point of location as follows: At the 24th street crossing. Within Sixty days. Section 14. It is hereby made the duty of the several rail- road companies herein named to erect and place in position the above named lights at the several points as specified and hereinbefore required, within sixty (60) days after the passage and approval of this ordinance, and in case any of said railroad companies shall refuse, fail or neglect to comply with such re- quirements within said period the city electrician is hereby authorized and required to cause said lamps to be placed and erected, and said lights furnished as hereinbefore required. the cost and expense thereof to be assessed against the railroad company or companies failing, neglecting or refusing to erect such lamps and furnish, such lights as herein required, such cost and expense to constitute a lien upon any real estate belonging to any such company or companies lying within the city of Onuiha. and to be collected in the same manner as taxes for general pur- poses. Missouri Pacific R. R. Section 15. That the Missouri Pacific Railway Company be and hereby is required to light its railway within the city of Omaha by erecting and placing at a suitable and usual distance from the ground an electric lamp known as an arc light lamp, with the fixtures, apparatus and electricity necessary for furnishing for said lamp nominally two thousand candle power light, and maintain such lamp and provide such light from sunset in the evening until sun- rise in the morning of each day at the intersection of said railway with Spalding street in the city of Omaha. 3.58 REVISED ORDINA^•CES. Missouri Pacific R. R. Section 16. It is hereby made the duty of the Missouri Pacific Railway Company to erect and place in position a lamp at the point specified as required in the preceding section within sixty days after the passage of this ordinance, and in case said company shall refuse, fail or neglect to comply with such requirements the city electrician is hereby authorized and required to cause said lamp to be placed and said light furnished as required, in this and the preceding section the cost and expense thereof to be assessed against said Missouri Pacific Railw^ay Company, such cost and expense to constitute a lien upon any real estate belonging to such company lying within the city of Omaha, and to be collected in the same manner as taxes for general purposes. F. E. & M. V. R. R. Section 17. That the Fremont, Elkhorn ;ANCES. 361 non-residents of said city, such notice may be served on all such property owners or parties by publishing a copy of such notice in the official papers of said city one time at least thirty (30) days prior to the date fixed for such meeting. When notice is served or published as herein provided, such service shall be deemed reasonable and as a good and sufficient notice to said owners of property or parties interested therein of the holding of such meeting and of the purposes thereof and of all proceedings relating to such appraisement, assessment or determination of damages. In the event that any such owner of property or party interested therein is a corporation, such notice may be served by delivering a copy thereof upon the president, chairman of the board of directors or trustees, or other chief officer; or, if its chief officer is not found in the city, upon its cashier, treasurer, secretary, clerk or managing agent; or if none of the aforesaid officers can be found, by a copy thereof left at the office or at the usual ])lace of business of such cor- poration . Section 3. It shall be the duty of said appraisers, upon hearing the statements and claims of owners of property and parties interested therein, to consider the same, and without un- necessary delay assess and determine the damages if any, to all owners of property or parties interested therein, and upon com- pleting and signing their report, file the same with the city clerk, or report their assessment to the City Engineer for the considera- tion and action of the said engineer or the council and mayor, as may be j^rovided or required by law. Appraisement committee. Section 4. That the mayor shall annually at the first regular meeting in May, nominate a committee of three who shall be con- firmed by the city council, at least one of whom shall be selected from the members of the city council, whose duty it shall be to appraise all real estate belonging to the city of Omaha, at its true cash value, at least once in each year, and as much oftener as the city council shall direct, and file a report of every such appraise- ment with the city clerk, wliicli report shall be entered in full in the minutes of the city council. Sales and leases. Section o. Xo real estate belonging to the city shall We sold for a less sum than its ap])rais('(l N-alue, nor shall the same be leased 362 REVISED ORDIXAXCES. for less than six (6) per cent of its appraised value per annum, nor for a less time than for one year, payable yearly in advance. Highest bidder. Section 6. Any person desiring to purchase real estate from the city, shall make application in writing to the city council expressive of his or her desire to purchase and giving description of property he or she desires to purchase, when notice shall be given through the official paper in the city, for one week, iuAdting bids for the purchase of such property for cash, and if when such bids are opened, the city council shall deem it to the best interests of the city to make such sale for the highest amount bid (which amount «hall not be less than the appraised value), they shall at once cause notice to be given to the lessee of said property, if any there be, .and such lessee shall be permitted to purchase said property for the said highest amount bid, and if said lessee neglects or refuses to purchase said property for the space of twenty days, then the same ;shall be sold to the person who makes the highest bid. Salary of appraisers. Section 7. In case one or more of the said appraisers are not members of the city council they shall each receive for his services the sum of three ($3) dollars per day for such services, providing the number of days shall not exceed three (3) days, and nothing herein contained shall be so contsrued as to allow any extra com- pensation for any city councilman on such committee. Warranty deed. Section 8. When any sale of real estate is made by the 'city, the mayor shall execute a warranty deed for the same to the purchaser in the name of the city of Omaha conveying to said pur- chaser the title in fee simple to said real estate and embracing in said deed the usual covenants of warranty. Appraisers — Appointment of. Section 9. That appraisers appointed to assess and deter- mine damages to property owners by reason of the appropriation of any property or the vacation oi any street or alley, shall receive fees for their services as such appraisers as follows: The chairman of each board of appraisers shall receive for his special services in preparing notices, making necessary pubhcations, preparing re- REVISED ORDINANCES. 363 turn, etc., the sum of five ($5) dollars ; in addition to such allowance to the chairman for such special services, each appraiser, including- the chairman, shall receive the sum of two ($2) dollars for services in meeting, organizing and fixing on a time for the hearing of property owners and the rendition of such services as are incidental to such meeting, and shall also receive the sum of two ($2) dollars each for their services in meeting on the day fixed for hearing property owners and hearing and determining claims of damages and rendering such services on such day as are properly incidental to the making of their final report, In the event that it is n cessary for said appraisers to render additional services in viewing property or the determination of damages, the said appraisers shall each be entitled to receive the sum of two (S2) dollars per day for each day's services actually and necessarily rendered. The qualifica- tion of any appraiser hereafter appointed shall be deemed and con- sidered as an acquiescence in the amount of fees herein prescribed, and no other or greater compensation shall be allowed to any appraiser hereafter appointed than is herein prescribed. Rinds or Peels on Sidewalk. See Misdemeanors, Section 25. 364 REVISED ORDINANCES. CHAPTER LXIX. Runners. RUNNERS. Section 1. Any person who shall in any manner solicit cus- tomers for or secure or attempt to secure the stopping of any pas- sengers or other persons at any hotel, inn, boarding house, restaur- ant or other public place, or any person who shall in any manner solicit passengers or business for any steamboat or railroad, or any person who shall in any manner upon any street or sidewalk in the city of Omaha, solicit custom or patronage for any other trade, business or vocation, whatever, shall be deemed a runner. License. Section 2. Any person being the proprietor of any house, hotel, boat line or other business may procure license to act as runner, or to employ one or more runners, upon the payment of thirty ($30) dollars per year for license for each runner so emploj^ed by him, and entering into a bond, with surety to be approved by the city clerk, conditioned for the payment of any damages which shall occur by reason of the careless or improper handling or larceny or other improper disposal of any goods, baggage or articles en- trusted to the care, of any such runner in said capacity, said bond to be in the sum of two hundred ($200) dollars for each license so issued. The city clerk shall issue the required license upon payment to him of the required amount, and all such licenses shall expire June 30 or December 31 of the year in which they are issued, and it shall be unlawful for any person to act as runner without a license being procured for such purpose. Notice to city. Section 3. Every proprietor taking out a license under and by virtue of this chapter shall, in writing, acquaint the city clerk with the name of the person acting as his said runner, and no proprie- tor shall employ or have in his service at any one time more than one such runner under and by virtue of one license, and if at any time a person employed as such runner be dismissed from the service of said proprietor, said proprietor, before any other person shall act as his said runner, shall, in writing, accpiaint the city clerk with the name of said newly appointed runner and the date upon which the employment begins. REVISED ORDINANCES. 365 Deception. Section 4. No porter or runner shall, at any time or place, make use of any device, imposition or false representation in rela- tion to the charge of fare, custom or location of any public house, hotel, private house, street or place of business in said city, or in relation to the time or place of arrival or departure of any boat, stage, train or other conveyance, or in any manner be guilty of misrepresentation or evil practice toward any person ; and no runner shall use loud or boisterous language or make unnecessary noise or touch or interfere with the person or freedom of passengers or the travel along such street. Any runner, while sohciting at any railroad depot shall be subject to reasonable police regulation; and no runner for a mercantile house shall solicit business or pat- ronage except in front of the business house which he represents and by which he is employed. Badge. Section 5. Every proprietor procuring license for one or more runners shall furnish to each person so licensed a suitable badge, to be approved by the license inspector,, such badge, to bear the name of the proprietor or business represented by such runner, and must be worn by such runner conspicuous^ on the front of his hat or cap, and every runner, while performing his duties as such, shall wear conspicuously upon the front of his outer garment a badge upon which shall be painted or engraved, in letters not less than three-eighths of an inch in length, the word "Runner," and the number under which he is acting, which last mentioned badge shall be furnished by the license inspector. Section 6. Any person who shall violate any of the provisions of the five preceding sections, shall be deemed guilty of a misde- meanor, and, upon conviction thereof, shall be fined in any sum not exceeding fifty ($50), dollars or be imprisoned not exceeding thirty (30) days, or may be l)oth fined and imprisoned at the dis- cretion of the court. Soliciting business on street. Section 7. That it be and hereby is declared unlawful for any person being the agent or employe of any person, (inn or corpora- tion engaged in tlie in(>rcantile business to solicit l)usiness or pat- ronage; or to act as a runner, solicitor or steerer for any p(M-son, firm or corporation engaged in the mercantile business, upon tlie public 366 REVISED ORDINANCES. streets of the city of Omaha, excepting immediately in front of the premises occupied as a place of business by said person, firm or corporation, and extending not farther than the middle of the street in front of said premises. Employing solicitor unlawful. Section 8. That it be and hereby is declared unlawful for any person, firm or corporation engaged in mercantile business to em- ploy a runner or solicitor for the purpose of soliciting business or patronage, or acting for such person, firm or corporation on the public streets of the city of Omaha, excepting immediately in front of the premises occupied as a place of business by such person, firm or corporation, and extending not further than the middle of the street. Penalty. Section 9. That any person violating any of the provisions of the two preceding sectons shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than five dollars nor more than fifty (S50) dollars, for each and every offense. REVISED ORDINANCES, 367 CHAPTER LXX. SANITARY REGULATIONS. Supervise Health. Rule 1. The health commissioner shall exercise a general supervision over the health of the city, and shall take all measures necessary to promote the health and cleanliness thereof; to abate nuisances of every description on pubhc and private property; to prevent the introduction within the city of mahgnant, contagious and infectious diseases, and to remove, quarantine or otherwise dispose of an}^ person or persons attacked or having any such disease, and to adopt, in reference to such person or persons, any rules, regulations, restrictions or measures that may, by the health commissioner, be deemed necessary or advisable. Regulations. Rule 2. It shall be the duty of the health commissioner, whenever in his judgment the city is afflicted or threatened with an epidemic of contagious or infectious disease, to issue or cause to be issued such orders, regulations and instructions as may, in his judgment, be deemed effective for the prevention, removal or limiting of such disease, which orders, regulations and instructions shall remain in full force and effect until by said board revoked. Contagion. Rule 3. ^Yhenever it shall appear to the mayor or commis- sioner of health that any person has , been attacked with any contagious or infectious disease, the mayor or commissioner of health shall cause such person to be immediately removed to such place as may by the health commissioner be designated ; and if such person refuse to be so removed, or if his or her condition is such that such removal would be attended with danger, then the mayor or commissioner of health shall immediately take such measure as may be deemed advisable to prevent the spread of the contagion or infection, and to cause any such person or the premises where he or she may be to be quarantined, and to pre- vent the ingress or egress of any person or persons they may desire to said premises. 368 REVISED ORDINANCES. Exposure. Rule 4. No person suffering from any such infectious or contagious disease shall wilfulh' expose himself in any street, public place or convej^ance, and no person having charge, care or control of any such person in the city of Omaha, or within three miles thereof, shall permit such exposure; and no person shall let or rent to any other person or permit any other person to use or occupy any house, room or part of a house in which any person has been confined by reason of any such disease without having such house or room completelj" disinfected to the satis- faction of the commissioner of health. On train. Rule 5. Whenever any person on any railroad train coming into the city of Omaha shall show symptons indicating an attack of small-pox or other contagious disease, or whenever any such fact shall come to the knowledge of the conductor or the person in charge of any such train as shall lead him to suppose that any person on his train is attacked with small-pox or other contagious or infectious disease, it shall be his duty, before he shall have reached a point within five miles of the cit}- limits, to telegraph such fact to the mayor or commissioner of health; and whenever it shall be impossible to send such telegram said conductor or person having such train in charge and having a person on board so suspected by him of having the small-pox or other contagious or infectious disease shall detain such person on the train on reaching the city of Omaha until he shall have notified the mayor or commissioner of health of such fact, and until a reasonable time shall have elapsed after such notice for the commissioner of health to take charge of such person. Physician's report. Rule 6. It shall be the duty of each and every practicing physician in the city of Omaha to report, in writing, to the com- missioner of health the death of any of his patients who shall have died in said city of contagious of infectious disease immediately thereafter, and to state in such report the specific name and type of such disease. Appoint assistants. Rule 7. The health commissioner shall have the power to appoint any and all necessary assistants to carry into effect any REVISED ORDINANCES. 369 rule adopted by the health commissioner, or ordinances of the city, or law of the state, in relation to infectious diseases or the sanitary conditions of the city. Interfere with. Rule 8. No person or persons shall molest, hinder, interfere with or in any manner prevent the comimssioner of health or any of his assistants from performing any duty imposed upon him by any law of the city of Omaha or any rule of the health com- missioner. Report contagion. Rule 9. Whenever any physician or other person in the city of Omaha shall know, or have reason to suspect the existence of any case of cholera, yellow fever, small-pox, varioloid, chicken-pox, measles, scarlet fever, diphtheria or other contagious or infectious disease within the corporate limits of said city, or within three miles thereof, he shall immediately notify the commissioner of health in writing of the same, together with its location and the name of the person-, if known, afflicted with such disease. And immediately upon such notice being given of a case of scarlet fever, diphtheria or smallpox the commissioner of health shall cause a placard with the name of the disease to be placed in a conspicuous place on the outside of such house, if wdthin the city of Omaha, which placard shall not be removed except by order of the commissioner of health; and no child or person residing or being at any house where any person is sick or affected by any of the diseases last above mentioned shall attend any private, public or sectarian school, church, theatre or other public or private gathering in said city until fifteen days from the recovery or death of said sick person, and until said house has been properly fumigated and disinfected to the satisfaction of the commissioner of health, who shall certify to the same; and no child or person afflicted with scarlet fever shall attend any of the above places until six weeks after recovery. And it shall be the duty of any physician attending cases under quarantine to report to the commissioner of health the date of the recovery or death of such patient; and it shall be the duty of the commissioner of health to itniiu'diately issue a certificate of recovery or death, as the case may be, and transmit same to the lioard of education. And in case of death or recoverv from anv contagious disease the liouse used b\- (he 370 REVISED ORDINANCES. sick person shall be thoroughly disinfected, cleaned and fumigated, and such other precaution taken as the commissioner of health may direct. The remains of any person dying of any contagious disease shall be disinfected by being wrapped thoroughly in cloths saturated with bichloride of mercury solution before being placed in a casket. Removal of infected persons. Rule 10. It shall be unlawful for any physician or other person to move, or cause to be moved, a known or suspected case of cholera, yellow fever, small-pox, varioloid, chicken-pox, measles, scarlet fever, diphtheria, or any other contagious disease from one building to another within the corporate limits of the city of Omaha, or within three miles thereof, without the consent of the commissioner of health. Nor shall any child or person residing in any house at the beginning of the sickness of any person thereat with any of the above mentioned diseases leave said house during the continuance of such disease without the permission of the commissioner of health. Exposed clothing. Rule 11. It shall be unlawful for any person or persons to remove any clothing or other property that may have been ex- posed to infection from any contagious disease from the house, building or other premises where so exposed without the written consent of the commissioner of health. Hotel keeper report. Rule 12. Every keeper, proprietor, manager, owner, lessee or occupant of any boarding house, tenement house or lodging house, and every inn keeper or hotel keeper shall immediately report in writing to the commissioner of health any known or suspected case of cholera, yellow fever, small-pox, varioloid, chicken-pox, measles, scarlet fever, diphtheria, or other con- tagious or infectious disease in any of the aforesaid houses, inns or hotels, together with the name, if known, of the person having or suspected of having any such disease. Managers of public institutions report. Rule 13. The commissioners, managers, principals or other proper head officer of each and every public or private institution REVISED ORDINANCES. 371 in the city of Omaha shall immediately report in writing to the commissioner of health every case of cholera, yellow fever, small- pox, varioloid, chicken-pox, measles, scarlet fever, diphtheria or other contagious or infectious disease known or suspected at such institution over which he or they may have control. Dead body. Rule 14. It shall be unlawful for any person or persons to retain or expose or allow to be retained or exposed the dead body of any human being to the peril or injury to the life or health of any person within the city of Omaha or within three miles thereof. Bovine virus. Rule 15. It shall be the duty of the commissioner of health to keep on hand a supply of bovine virus, and to endeavor to have all persons in the vicinity of any locality w^here any person has been attacked with smallpox, or where the disease is apprehended, promptly vaccinated. Vaccinations. Rule 16 The commissioner shall take such action as he may, from time to time, deem necessary to prevent the spread of snvdW-pox: Provided, \t shall be the duty of the commissioner of health to vaccinate all who shall apply to him for that purpose who are unable to pay for the same, free of charge; and he shall give certificates of vaccination to children who have been vaccinated by him and who may recjuire such certificate for admission to all schools. Minors. Rule 17. Every person being the parent or guardian, or having the care, custody or control of any minor or other individual, shall, to the extent of the means, power and authority of such parent, guardian or other person that could properly be used or exerted for that purpose, cause and procure such minor or indi- vidual, to be promptly, frequently and effectually vaccinated, so that the said minor or individual shall not be liable to take the small-pox. 372 REVISED ORDINANCES. Exposure children. Rule IS. No parent, guardian or other person having the care, custody or control of any child or minor shall permit any such child or minor to be unnecessarily exposed or needlessly to expose any other person to the taking of the smallpox or the infection of any contagious disease. Report births. Rule 19. It shall be the duty of physicians and professional midwives within twenty-four hours after a birth in which they nuiy have assisted professionally to report to the commissioner of health on blanks furnished by the health commissioner for that purpose, the date and place of such birth, the sex and color of child and the name and residence of the parents; and in case there is no physician or midwife in attendance, then it shall be the duty of the parents to make such report. Original certificate. Rule 20. The commissioner of health shall keep on file in his office all original certificates of births transmitted to him by physicians or midwife, and shall keep a record in books provided by the health commissioner for that purposeof the births reported to him. The births shall be numbered, recorded and alphabetically indexed in the order in which they are received, and the record shall show the date of recording, the date and place of birth, the sex and color of the child and the name and residence of the parents. Register. Rule 21. Any physician, midwife or professional advisor who has attended any person at his or her last illness, or has been professionally present at the death of such person shall make and preserve a register of each death, stating the person's name, age, color, sex, nativity, occupation and whether married or single, previous residence, and the date and hour, street and number at which the death occurred; the cause of such death and when and where the disease was contracted, if known. And it shall be the duty of every svich physician, midwife or professional adviser to make, sign and transmit to the commissioner of health within twenty-four hours after such death a correct copy of such register REVISED ORDINANCES. ' 373 Certificate of death. Rule 22. The commissioner of health shall keep on file in his office all original certificates of death transmitted to him by physicians or other persons, and shall keep a record in books provided by the health commissioner for that purpose the name, age, sex, nativity, color, occupation, whether married, single or wi- dowed, street and number of residence, cause and date of death and duration of last illness of every person dying within the cor- porate limits of the city of Omaha, and the place and date of interment. Coroners. Rule 23. The coroner shall make to the commissioner of health within twenty-four hours after each and every inquest held in the city of Omaha a written statement showing when and where and upon whose body such inquest was held, and the cause ^ date and place of death of such person. Undertaker. Rule 24. It shall be the duty of every undertaker or other person before removing anj^ corpse for burial to obtain from the commissioner of health a permit so to do, and before obtaining such permit he shall deposit with the commissioner of health a certificate of the attending physician, setting forth as near as can be ascertained the name, age, sex, nativity, color, occupation, whether married; single or widowed, street and number of late residence, place of previous residence, date of death, duration of last illness and place of intended interment. In case a coroner's inquest shall have been held, the fact shall be stated. Transportation dead body. Rule 25. No undertaker, agent or any railroad or other person shall receive for transportation, or carry out of the city of Omaha an}" dead body, nor shall the superintendent, owner, sexton or employe of any cemetery, grave yard, cemetery associa- tion or company receive any such dead body for burial, or permit the same to be buried within any cemetery or place for the burial of the dead, witliout the presentation at the time the body is presented for sliipment or interment of a permit signed by tlic commissioner of health, which permit shall l)e returned to the office of the commissioner of health within tliirtv davs after the 374 REVISED ORDINANCES. date of said shipment or interment, with the date and place of such shipment or interment plainly indorsed thereon, and signed by the person receiving the body. Burial. Rule 26. The body of any person having died of cholera, yellow fever, chicken-pox. measles, scarlet fever, diphtheria or other contagious or infectious disease shall be buried privately, and the dead body of any person having died of small-pox or varioloid shall be buried privately and in the night time, and in no such case will public funerals be allowed. Nor shall any dead body be disinterred and removed from any cemetery or other place for the burial of the dead within the city of Omaha or within three miles of said city by any person for the purpose of burial in some other place or cemetery without a permit from the com- missioner of health therefor having been first obtained. Graves. Rule 27. All graves opened for the burial of the dead therein shall be dug to the depth of six feet, and after the casket containing the dead body is placed therein the grave shall be filled with earth well packed down and so that the surface of the grave shall be left level or crowning, as the rules of each particular cemetery may provide; and when, from any cause, the surface of the grave sinks to the level or below the level of the surrounding surface of of the ground, the grave without unnecessary delay shall be again^ filled so as to leave the surface of the grave level or crowning as originally made. Provided, that when the body of a child or person dying of smallpox, typhoid fever, scarlet fever or diphtheria is to be buried in any cemetery within the corporate limits of the city, the commissioner of health, wdien by reason of the locality in the cemetery wdiere the burial is to be made he may deem it necessary or advisable for the preservation and protection of the health of the inhabitants of the city, may recpiire and so direct, in the permit issued by him for the burial of said body, that the bottom of the grave and the walls thereof extending above the casket containing the body shall be covered with a coat of mortar made of sand and cement, so as to renedr the bottom and walls of said grave impervious to the fluids arising from the decom- position of the dead body. REVISED ORDINAN-CES. 375 Report on Cemetery. Rule 28. It shall be the duty of the commissioner of health to visit each cemetery within the city of Omaha or within three miles thereof at least once each j-ear and observe any violations of the rules of the commissioner of health relating to the health and general welfare of the city, and also to make any change or modification of the said rules, or any additional rules he may consider necessary for the complete protection of the inhabitants of the city of Omaha arising from the burial of the dead in any such cemetery. Registration — Physican and Midwife. Rule 29. Every physician or midwife practicing his or her profession within the city of Omaha shall be required to register his name, place of business and office, and every change in the location of his residence or office, in a book to be kept for that purpose in the office of the commissioner of health. Teachers' duties. Rule 30. No officer, manager, master or teacher of or in any school, public private or sectarian, or of or in any Sunday school, gymnasium or place of public worship, shall so far omit or neglect any duty, reasonable care or precaution respecting the safety or health of anj- scholor, pupil or attendant, or respecting the temperature, ventilation, cleanliness or strength of any church, place of worship, school house, school room or place of practice or exercise, or relative to any thing appurtenant thereto, as that, by reason thereof, the health of any person shall suffer or incur any avoidable peril or detriment; nor shall any officer, manager, master or teacher of or in any school, public, private or sectarian, cause, permit or allow the same, or any portion, apartment or room thereof, to be overheated, inadequate or insufficient in respect to ventilation or cleanliness. School vaccination. Rule 31. Xo principal or teacher of any school, public private or sectarian, shall admit to any such school any child or person who shall not have been vaccinated within seven years next preceding the application for admission to any such school, or any such child or person ; nor shall any such principal or teacher retain or permit to attend in any such school any child or person 376 REVISED ORDINANCES. who shall not have been vaccinated within seven years next pre- ceding the attendance of such child or person, and evidence of such vaccination shall be presented to any such ])rincipal or teacher in the form of a certificatte signed by the commissioner of health or any physician duly licensed under the laws of the state of Nebraska. Visiting school. Rule 32. The commissioner of health is hereby directed to visit or cause to be visited any and all schools, public, private and sectarian, and make or cause to be made, an examination of the children or persons attending such schools as often as he may deem necessary to secure compliance with the rules of the health commissioner relative to the health and general welfare of the city of Omaha. Barber shop rules. Rule 33. Every place of business used as a barber shop or hair-dressing establishment, together with all furniture used therein, shall be kept at all times in a clean and sanitary condition. Floors and woodwork shall not be swept or brushed dry, but must be mopped up Avith an antiseptic solution to be approved by the commissioner of health. They shall be provided with running hot and cold water and every wash basin used therein shall be connected with the sewer and properly trapped. No such place shall be used as a dormitory. Hair dressers, regulations. ^ Rule 34. Barbers and hair dressers shall use hair brushes known as. "Sanitary Brushes," These, as well as mugs, shaving brushes and combs must be sterilized by immersion in boiling water, or by dipping in five per cent formahn solution. Needles tweezers, forceps scizzors and clippers and other instruments must be disinfected in boiling water, or 3 or 5 per cent formalin solution, immediately after using and thoroughly dried by passing quickly through a gas or alcohol before and after being used, and razor strops must be kept clean and never wiped off with the hand or blown ujDon with breath before using. REVISED ORDINANCES. 377 Clean towel. Rule 35. A separate clean towel shall be used for each per- son. The use of powder puffs, sponges and finger bowls is pro- hibited. Cuspidors. Rule 36. Cuspidors must be made with wide openings with- out any beveled or rough edges, and shall contain water, and when cleaned must be disinfected with some antiseptic solution to be approved by the commissioner of health. Clean hands. Rule 37. Every barber or hair dresser shall cleanse his hands throoughly immediately after serving each customer, and shall keep his finger nails short and clean. Alum or other material used to stop the flow of blood shall be so used only in powder form and applied with a towel. Using breath. Rule 3S. Barbers shall not blow away with their breath any hairs after cutting, but must use a towel, bulb or fine hair brush, which must be sterilized as the hair brushes are. Barbers and hair dressers must not attempt to treat skin diseases, barber's itch, etc., but should advise their customers to consult a physi- cian. Copy — Rules. Rule 29. The commissioner of health shall cause a printed copy of these rules relating to barbers and hairdressers and their establishments to be placed in a conspicuous place in every such estabhshment, anfl see that they are properly observed. Spitting. Rule 40. No person shall sjjit or expectorate upon any floor, grating, step or platform of any street railway car or other public conveyance used for the purpose of conveying passengers in the city of Omaha; nor shall any pci-son spit or expectorate upon any step, floor, corridor, hallway or wall of any public building within the city of Omaha. The proprietor or lessee of any public build- ing shall provide the corridors a'ld lialhvavs tlici-cof with a siifli- 378 REVISED ORDINANCES. <;ient number of cuspidors or spittoons placed at convenient places for the use of persons desiring to spit or expectorate, and all per- sons desiring to spit or expectorate while in or about any pubHc building shall use only the cuspidors or spittoons provided for such purpose. And it is made the duty of the street car company operating street cars in the city of Omaha to post a copy of this rule therein. Adulteration. Rule 41. No adulterated or deleterious coffees, teas or other preparations from which drinks are made shall be bought, sold, held or offered for sale by any person, firm or corporation within the city of Omaha. Diseased meats. Rule 42. It shall be unlawful for any person, firm or cor- poration in the city of Omaha to keep for sale, or to offer or expose for sale, or to sell any unsound, stale, putrid or diseased meat, fish or fowl. And it shall be unlawful for any butcher, meat •dealer, farmer, stock raiser, commission merchant or any other person or persons to bring within the corporate hmits of the city of Omaha, or have in his possession or under his control within the city of Omaha, the carcass or part of the carcass of any animal above the size of a rabbit for the purpose of selhng, offering for sale, exposing or in any manner disposing of the same for human food, unless such carcass or part of carcass has been inspected and been declared fit for human food by an inspector of the United States government, or an inspector of one of the states or terri- tories of the United States, or an inspector of the city of Omaha, and has attached thereto a certificate or tag of such inspector showing such inspection; and the bringing within or leaving within the corporate Hmits of the city of Omaha of any such car- cass or part of carcass without such inspection and having attached thereto such inspection tag or certificate is hereby prohibited. Rule 42^. The selling, offering for sale or exposing for sale within the corporate hmits of the city of Omaha, of the meat of any calf less than four weeks old or of any pig less than six weeks old, or of any lambs less than twelve weeks old, is hereby pro- hibited and declared unlawful. '' REVISED ORDINANCES. 379 Inspect cattle, sheep, hogs. Rule 4o. It shall be the duty of the meat inspector or meat inspectors of the city of Omaha, upon due notification and request so to do, to attend any place designated as herein provided for the slaughterino- of cattle, sheep and hogs, and examine and in- spect any and all cattle, sheep or hogs proposed to be slaughtered for human food, and condemn -all such cattle, sheep or hogs as shall for any reason, be unfit for human food; and for the inspection of each animal inspected the inspector shall be authorized to collect and charge for the city of Omaha, to be reported and paid to the city treasurer of said city at the end of each month, fees for inspection, as follows: Cattle over 1 year old, each 50c Calves under 1 year old. each 25c Sheep 25c Hogs, each 25c Thecommissioner of health shall furnish to the meat inspector a suitable receipt book attached to stubs, the stubs and receipts to be successively numbered corresponding to each other; and it shall be unlawful for the meat inspector to accept any money or thing of value for the inspection of any carcass or part of carcass of any animal to be used for human food without givng a receipt therefor, or to give any receipt other than those furnished by the health commissioner, or to make any receipt differing in any material respect from the entry made on the stub. It shall be the duty of the meat inspector to turn over to the city comp- troller, on the first day of each month the stubs of all receipts by him issued during the preceding month. Anj' violation of the provisions of this rule shall subject the meat inspector to im- mediate removal.. Refrigerators, Rule 44. The keeping of meat, fish or dressed fowl in any refrigerator or other place which is not properly ventilated and kept clean and suitable for such purpose is hereby prohibited. Inspector's duties. Rule 45. It shall be the duty of the meat inspectors of the city of Omaha to inspect and examine all meats, fish, game or poultry offered or exposed for sale in the city of Omaha, and also 380 REVISED ORDINANCES. all meat brought within the limits of said city for food, and to take such steps as may be necessary to prevent the sale of meat which has not attached thereto the official tag or certificate of inspection, and to take such steps as may be necessary to prevent the sale of any tainted, unwholesome or diseased meat, fish, game or poultry, or which for any reason may be unfit for human food, and to condemn all such meat, fish, game or poultry. Examine stock yards. Rule 46. It shall also be the duty of said inspectors, from time to time, and as often as may be necessar}^, to examine all stock yards and slaughter houses about or near the cit}^ of Omaha where stock is kept for the purpose of being slaughtered for the markets of said city, or for consumption as food therein; and to take notice and make a record of all diseased, injured or disabled animals, and which by reason thereof, or for anj^ other reason, may be unfit or improper for food, and to accordingly notify the owner or superintendent of any such stock yards or slaughter house, and thereafter take such action as may be necessary to ascertain the final disposition of any such animal or animals, and to prevent the carcass or meat thereof being sold or offered for sale within said city. Enter store. Rule 47. Said inspectors are hereby authorized and em- powered during business hours to enter any store, market building, commission house or other place within the city of Omaha where meat, fish, game or poultry are offered or kept for sale or exposed for sale, and examine and inspect the same, and if tainted, un- wholesome, diseased or for any other reason the same is unfit for human food, to condemn and cause the same to be at once removed and disposed of at such place or places, and in such manner as may be directed by the commissioner of health. Enter stock yards. Rule 48. Said inspectors are also authorized and empowered to enter any stock yards or slaughter house within the city of Omaha, or within three miles of the corporate limits of said city, and within the state of Nebraska, and to inspect the same and examine and inspect any animal or meat therein for the purpose of determining whether the same be unfit or unwholesome for human food. REVISED ORDINANCES. 3S1 Cooling meats. Rule 49. No meat or dead animal shall be taken to any public or private market for sale until the same shall have fully cooled, and all blood shall have ceased dripping therefrom after its kilhng, nor until the entrails, head, horns and feet have been removed, nor shall gut fat or any unwholesome or offensive matter or thing be brought to or near any such market. Poultry regulations. Rule 50. No person, firm or corporation shall carry on a business of killing or dressing poultry or game for sale within the limits of the city of Omaha, unless the house, yard, pen or T>lace where such kilhng or dressing shall take place be provided with a tight plank floor, or be paved with brick or stone laid in cement. If paved with brick or stone, then the earth below it shall be sufficiently soHd to prevent its becoming a recipient of filth and offensive matter. The floor or pavement in every instance shall be made with a descent toward a gutter, which shall pass through the same and lead to a public district or private sewer, and no dressing of poultry shall be done in any place whatever not pro- vided with water and sewer connections. Every poultry dressing place shall be whitewashed at least once in every month between the 1st day of April and the 1st day of November in each year, and the offal and refuse shall be removed at least once in every forty-eight hours. All coops in which live poultr}^ may be kept for sale must be of sufficient height to admit of the birds standing upright with room to turn themselves without crowding. It shall be the duty of the meat inspector to see that the provisions of this rule are fully compiled with. Meat Inspector report. Rule 51. It shall be the duty of said meat inspector at the end of each week, or as often as may be required by the com- missioner of health, to make said commissioner of health a detailed statement of his official actions and doings as such inspector, and of all violations or evasions of any rules of the health commis- sioner or of the provisions of any ordinances of the city. Unhindered inspection. Rule 52. Every butcher, grocer and milk tlcalcr, their agents, servants and employes shall allow the commissioner oi health 382 REVISED ORDINANCES. and his assistants to freely and fully inspect their cattle, milk, meat, fish and vegetables held and offered for sale, and shall answer all reasonable questions relative to the condition thereof and of the place where such articles may be. Stale fruit and vegetables. Rule 53. No person or persons, firm or corporation shall keep, offer or expose for sale any diseased fruit or vegetables whatever, or sell any stale or unsound vegetable or fruit of any kind or description, or any unwholesome watered or adultreated milk. If milk shall be shown upon analysis to contain more than 88 per cent of water or to contain less than 12 per cent of milk solids, 25 per cent of which milk solids shall be fats, it shall be deemed to be adulterated. Mark milk cans. Rule 54. No milk shall be sold, offered for sale or kept for sale within the city of Omaha from which the cream or any part thereof shall have been taken, unless the can or vessel containing such milk shall be conspicuously marked with the words "skimmed milk" in plain letters not less than two inches in height. Impure milk.. Rule 55. No milk or cream shall be sold, offered for sale or kept for sale within the city of Omaha which is unclean, diluted, impure, unhealthy, diseased, unwholesome, adulterated, or to which water or any foreign substance, coloring matter or preserva- tive has been added. Milk from cows diseased. Rule 56. No milk or cream shall be sold, offered for sale or kept within the city of Omaha which is prochiced from sick or diseased cows, or from cows kept in an unclean, filthy or un- healthy condition, or from cows fed on refuse or slops from dis- tilleries, vinegar factories, breweries, or other similar slops or refuse, and no person, firm or corporation engaged in the pro- duction or sale of milk shall keep, or have in his possession or on his premises, any slops or refuse from any distilleries, vinegar factory, or any similar slops, mash or refuse, and no person, firm or corporation shall feed to any milch cow any such slops or any other than good and wholesome food and pure water. REVISED ORDINANCES. 38S Milk from diseased cows. Rule 57. Xo milk or cream shall be sold, offered for sale or kept for sale within the city of Omaha which has been exposed to, or contaminated or affected by any human beings or animals sick with any contagious or infectious disease, by which the health or life of any person may be endangered compromised or in any way affected. No milk or cream shall be sold which is within fifteen days before or eight days after parturition, nor shall the same be mixed with any other milk or cream for the purpose cf sale. Percentage of impurity. Rule 5S. Xo milk shall be sold or offered for sale or kept for sale within the city of Omaha which contains more than 88 per cent of watery fluid or less than 12 per cent of total solids, 3 per cent of which total solids shall be butter fats. No cream shall be sold, offered for sale or kept for sale within the city of Omaha which contains less than 16 per cent butter fats. Sour milk. Rule 59. Xothing in these rules shall be so construed as to prohibit the sale of sour milk, or w^hat is known as buttermilk, provided the same is sold as such, and is produced from pure and wholesome milk. Milk Inspector, appointment of. Rule 60. The health commissioner shall appoint an officer to be known as the milk inspector. Said milk inspector shall inspect and test the milk of every vendor once a mon-th or oftener if required by the commissioner of health. Said milk inspector shall, once in two months, or oftener if required by the com- missioner of health, inspect all cows from which milk or cream is sold within the city of Omaha; he shall view and ins]:)ect all stables houses or places where cows are kept or fed, and the food upon which said cows are fed, and shall make note of the same in a book provided by the health commissioner for that purjiose. If any such cows are fed upon food prohibited by these rules or are found in an unclean or unhealthy condition, or in case the owner of such cows does not conform, in all respects, with the r(' city of Omaha, or on i)rivate premises therein, are hereby declared to be a nuisance. And it shall be the duty of the pohce department to notify the commissioner of health of the whereabouts of any aninud carcass which may be found or of the existence of wiiich within the city limits they nuiy be informed, as soon as possible; and within eight hours of daylight time after receiving such notice, it shall 388 REVISED ORDINANCES. be the duty of the commissioner of health to cause the removal of the same, the cost of such removal to be paid b}' the owner or harborer of such animal; and, in the event that the owner or harborer is unknown or cannot be found, the cost of removing said animal shall be paid by the city. Dumping ground. Rule 73. The commissioner of health shall designate a dumping place along the Missouri river in the city of Omaha for the use of parties to whom a permit or a license may be issued by the said city, under these rules and regulations and such others as may be hereafter adopted, or those having a contract with the city to remove and haul night soil, garbage, offal, dead anmials, manure, ashes or other refuse and noxious matter at and between the following described points in said city; commencing at the east end of Marcy street on the south line thereof as extended to the Missouri river; thence north along the west bank of the Missouri river to the north line of the alley between Harney and Farnam streets. Garbage in gutter. Rule 74. No person shall deposit on any street, alley or public place within the limits of the city of Omaha any dirt, brick or other material in such manner as to obstruct the free flow of water along any ditch or gutter. And no person, firm or corpora- tion, their agents, servants or. contractors, shall use any manure, offal, paper, rags, garbage, or street sweepings, or animal or vege- table matter whatever in filling up any excavation, swale or hole upon any lot or lots, or use any such material for the purpose of raising the grade of any lot or lots in the city of Omaha, or use any material except earth, ashes or cinders for any of said purposes. Refuse in water. Rule 75. Xo person or persons, firm or corporation, shall throw, pla^e or deposit, or cause to be thrown, placed or deposited, any dung, carrion, dead animal, offal, garbage or any putrid or offensive substance, or the contents of any privy or cesspool, upon the margin or bank, or into the waters of any lake, reservoir, creek or pond in the city of Omaha, or into any stream flowing into any of the same, or upon any street, alley, public or private ground, the natural drainage of the surface waters of which is REVISED ORDINANCES. 389 into any river, creek, reservoir, lake or other body of water within the hmits of said city, except as directed or permitted by the commissioner of health. Dog pound. Rule 76. It shall be the duty of the dog pound keeper, during the time authorized so to do by concurrent resolution of the mayor and city council, to capture and secure all dogs found unlawfully running at large, and remove same to the dog pound, where the said dogs shall have free access to water and be suffi- ciently fed, at least twice every twenty-four hours while so de- tained. It shall also be the duty of the dog pound keeper on Monday and Thursday of each week to insert in the official papers of the city a brief description of each dog so captured since the last previous advertisement; and if, upon the Thursday or Monday following such advertisement, respectively, any dog so advertised shall remain unclaimed or unredeemed, said dog pound keeper shall immediately destroy the same in such manner as ma}' be approved by the commissioner of health. Provided, that any vicious dog so captured by the dog pound keeper shall be im- mediately destroyed by him. Supervision dog pound. Rule 77. The commissioner of health shall have general supervision of the dog pound, and shall see that the same is con- ducted in a quiet, reliable, humane and proper manner; and it shall be the duty of the veterinary surgeon to see that all dogs destroyed by the dog pound keeper are correctly counted and , properly disposed of in such manner as not to create a nuisance and to prevent any fraud or imposition being perpetrated on the city. Hydrophobia. Rule 78. Every animal which is mad or has the hydrojihohia. or shows symptons thereof, shall, by the person owning the same or having the possession, charge or control thereof, be immediately killed ; and every animal that has been exposed to such disease shall be at once confined in some secure place for such length of time, (not less than fifteen days) as to show that such exposure has not given such animal said disease, and so as to avoitl all danger to hfe and health. And the dead body of any aninuil 390 REVISED ORDINANCES. that died of such disease shall be at once by such perosn, disposed of under the immediate supervision of the commissioner of health. Glanders. Rule 79. No person shall keep or retain, or allow or employ to be kept or retained in any place within the hmits of the city of Omaha any horse, ass or colt having the disease known as the glanders, or farcj', and all such animals found within the city limits or within three miles thereof shall be immediately destroyed and disposed of by order of the veterinary surgeon. Rule 80. No cattle shall be kept in any place of which the water, ventilation and food are not sufficient and wholesome for the preservation of their health and safe condition. Every owner, agent, leasee, tenant or occupant of anj- stall, stable or apartment in which any horse, cow or other animal mny be kept, or any place in which any manure or solid or liquid discharge or excre- ment may collect or accumulate shall at all times keep or cause to be kept such stall, stable or apartment and the drainage, yards and appurtenances thereof in a cleanly, healthful and wholesome condition, and no offensive smell shall be allowed to escape there- from, and the same shall be disinfected in accordance with the instructions of the commissioner of health. Nuisance — Notice . Rule 81. It shall be the duty of the commissioner of health to 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 who may be the owner or cause of any such nui- sance requiring immediate abatement of such nuisance. And in case such owner, occupant or agent fails, neglects or refuses to comply with such notice the commissioner of health shall cause such nuisance to be abated, and Provided Further, that whenever the owner, occupant or agent of premises in or upon which any nuisance may be found is unknown or cannot be found, the com- missioner of health shall proceed to abate the same without notice, and in either case the expense of such abatement shall be collected from the persons who may have created, continued or suffered such nuisance to exist or from the owner of the premises upon which such nuisance is found. And for the purpose of carrying out the requirements of this rule the commissioner of health shall be permitted at all times to enter, in the daytime, any REVISED ORDINANCES. 391 house, store, stable or other building and to make any exam- ination he may deem necessary. Filthy drains. Rule S2. Any unclean leaking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking or broken slop, gar- bage or manure box or receptacle of Hke character, wherever or whenever found within the hmits of the city of Omaha, shall be deemed a nuisance. Vegetable waste. Rule 83. All vegetable waste, Utter, garbage, filth or refuse of any nature, kind or description whatsoever found in or upon any public or private alley, yard or area within the limits of the cit}^ of Omaha, except as is so deposited under the provisions of these rules, shall be deemed a nuisance. Defective hydrants. Rule 84. Whenever any cellar, basement or part thereof, or any house or building within the hmits of the city of Omaha, shall be found to be damp or moist by reason of leaking or de- fective hydrants, water pipes, sewer pipes, cisterns or wells, gutters, drains, rain spouts or seepage from the surrounding earth or from a deposit of any kind or nature, or from any cause whatever shall become detrimental to health, the same shall be deemed a nuisance. Unclean stables — Nuisance. Rule 85. Whenever any stable, stall, shed, or apartment, or an}^ yard or appurtenance thereof in which any horse, cow, swine or other animal shall be kept, or any place within the hmits of the city of Omaha on which manure or hquid discharges of such animal shall collect or accumulate and which shall not be kept in a cleanly, and wholesome condition so that no offensive smell shall be allowed to escape therefrom, the same shall be deemed a nuisance; Provided, that nothing in these rules shall be con- strued to include manure deposits upon any private property for the purpose of cultivating the same. Waste. Rule 86. Whenever shere shall be found in or upon any lot or piece of ground within the limits of the city of Omaha, any 392 REVISED ORDINANCES. dirt gathered in cleaning yards, waste from mills or factories or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive or tend by decay to become putrid or render the atmosphere impure or un- wholesome, the same shall be deemed a nuisance. Weeds. Rule 87. Xo person, persons, firm or corporation shall per- mit or allow weeds to grow or stand upon any street, alley, lot or ground owned or controlled by him or them within the city of Omaha, and weeds permitted or allowed to stand or grow upon any street, alley, lot or ground w^ithin said city shall be deemed and considered a nuisance; and it is hereby made the duty of any person, persons, firm or corporation owning or occupying any lot or ground in the city of Omaha to keep the same and the streets and alleys fronting or abutting the same free and clear of weeds, and failing, neglecting or refusing so to do, such person, persons, firm or corporation shall be deemed and considered guilty of main- taining a nuisance, and such nuisance may at any time be abated by the commissioner of health, who shall report to the city council the cost of abating such nuisance, which cost shall be levied bv the city council upon the lot or ground upon or opposite to which the same shall have been abated. Rendering. Rule SS. The business or any part thereof of bone-crushing, bone-boihng, bone-rendering, bone-burning, fat-boihng, fat-ren- dering, fat-drying, gut-cleaning, or the making of glue or the manufacture of fertilizing material of any kind or description from any dead animal or part thereof, or any boiling of offal, swill, fat or grease of any description which shall be done or carried on in an offensive, unclean or defective manner in an}- building, yard, lot or ground within the limits of the city of Omaha, shall be deem- ed a nuisance. Erection stock yards. Rule 89. Xo person, persons, firm or corporation shall erect any stock yards, slaughter house, pig pen, soap, coal oil or vitriol factory within the limits of the city of Omaha without permission from the commissioner of health and the approval of the city council. REVISED ORDINANCES. 393 Offensive water. Rule 90. Any lot or piece of ground within the limits of the city of Omaha on which there is a pond of unwholesome, impure or offensive water shall be deemed a nuisance. Impure well. Rule 91. Any well or cistern on any property within the Hniits of the city of Omaha, whenever a chemical analysis or other proper test, or the location of the same, shows that the water of said well or cistern is of an impure or unwholesome nature, shall be deemed a nuisance and the owner, agent, tenant, occupant, lessee or other person in possession of any premises or any part thereof upon which any such well or cistern is located must cause the same to be cleaned or abandon the use of the same, and must cause the same to be filled up with earth or such other material as may be designated by the commissioner of health ; and no well shall be maintained on any premises within the city of Omaha where it is possible to obtain city water, or within fifty feet of a water main. Bakery regulations. Rule 92. Every building occupied and used as a bakery and confectionery establishment shall be well drained and all plumbing therein shall be constructed in accordance with well- established sanitary principales and of good workmanship, and the rooms thereof used for the manufacture or sale of bread and other food products shall be light, dry and airy. The room or rooms used for the manufacture of bread and other food products shall have floors and side walls so constructed as to exclude rats, mice and other vermin, shall at all times be free from moisture and kept in a good state of repair. Said floors shall have a smooth surface and be impermeable and may be constructed of wood, cement or of tile laid in cement, but no wood floor shall be con- structed in any room used for the manufacture of flour or meal food products where the floor of said room is more than two feet below the level of the street, sidewalk or adjacent grounds; and hereafter no bakery shall be established in a room the floor of which is more than two feet below the level of the street, sidewalk or adjacent ground. The walls and ceilings of such rooms used for the manufacture of bread and other flour and meal products shall be whitewashed at least once in three months where prac- ■394 REVISED ORDINANCES. ticable, and the floor, utensils and furniture of such rooms as are used for the manufacture, storing or sale of said food products and the wagons used for the delivery of said products shall at all times be kept in a clean and sanitary condition. The furniture and utensils of such rooms shall also be arranged so that the same can be easily and perfectly cleaned. Water closet. Rule 93. No water closet, earth closet, privy vault or ash pit shall be within or communicate directly with the bake- room ■or any other room used in the manufacture of bread of other flour or meal food products. The sleeping places for workmen em.- ployed in bakeries shall be separate and distinct from the places used in the manufacture of bread and other food products. While engaged in the manufacture of bread and other flour and meal food products the workmen shall wear caps and slippers or shoes and an external suit of coarse linen used for that purpose only, .and these garments shall, at all times, be kept in a clean condition. All bakeries shall be provided with ample toilet facilities to enable ■the workmen employed therein to keep their persons clean, and •.shall also be provided with separate dressing rooms to enable the workmen to change their clothes and keep the same in proper condition. Infected workman. Rule 94. Xo person shall work or be employed in or about any bakery or other establishment for the manufacture of food products during the time in which a case of infectious disease ■exists in the house in which he resides, nor thereafter until the commissioner of health issues a certificate in writing that no dan- ger of public contagion would result from the employment of said person in such establishment. Duty of owner. Rule 95. It shall be the duty of every occupant, whether owner or leesse, of every room or building used as a bakery or other establishment for the manufacture of food products to carry out the provisions of these lules and to make all the changes and additions necessary therefor. No criminal prosecution shall be made for any violation of the provisions of this rule until thirty days after notice in writing by the commissioner of health of any REVISED ORDINANCES. 395 change necessary to be made to comply with the provisions of these rules has been served upon the owner, manager or officer operating such establishment. Permit. Rule 96. No person, firm or corporation shall engage in the business of conducting a bakery or other establishment for the manufacture of food products without having first secured a per- mit therefor, which permit shall be issued to such person, firm or corporation by the commis'^ioner of health upon payment to the city treasurer by the applicant for such permit of a fee of $5 for any single establishment per annum, and every permit so issued shall expire on December 31st of the year in which it is issued. Unhealthy tenements. Rule 97. Every tenement house, boarding house, lodging house, or any building vised for such purposes, or any part thereof, within the limits of the city of Omaha, which shall be leased, let or rented to be occupied b}' any person or persons in which to dwell or lodge, and which, or any part thereof, is not sufficiently lighted or ventilited and provided with water and kept in a clean- ly and sanitary condition, and the strength, ventilation or sewer- age of which, or any part thereof, is in any manner, shape or form insufficient or prejudicial to life or health, and which shall not be provided with adequate and properly constructed privies or water closets, shall be deemed a nuisance. Distillery — Tannery. Rule 98. Whenever, from any distillery, brewery, tannery, hide house, pork house, laundry, fish house, soap factory or any yard, dwelling, store or factory or enclosure of any kind whatso- ever, within the limits of the city of Omaha here is discharged into or on any street, alley, avenue, sidewalk, gutter, or any vacant lot any filthy or offensive water, swill or liquid or waste or refuse of any kind which is offensive, or which is liable to become so, shall be deemed a nuisance. Breweries. Rule 99. Every brewery, distillery, tannery, livery stable or barn, or any factory, place or premises which is or shall become noisome, foul or offensive, shall be deemed a nuisance. 396 REVISED ORDINANCES. Refuse in street. Rule 100. Any wrapping paper, waste paper, hand bills, old clothes, boots, shoes, tin cans, dead rats, broken dishes or com- bustible material, or any rubbish whatever, thrown into or upon any street, alley, sidewalk, gutter or public ditch or lot, shall be deemed a nuisance. Health safeguards. Rule 101. No person shall expose, convey or place, or, in- duce any other person so to do, in any street or public place, any substance, animal or thing to the prejudice of the public health. Dangerous buildings. Rule 102. No building, structure, vehicle, receptacle or thing used or to be used for any purpose whatever, shall be used, made, kept, maintained or operated the city of Omaha, if the use, keeping, maintaining or operating of the same shall be dan- gerous or detrimental to the public health, or shall cause any nuisance. Swimming. Rule 103. No person shall swim or bathe in any creek, lake, reservoir or other stream or body of water within the limits of the city of Omaha, or in any manner befoul any of the said bodies of water or the streams flowing into the same. General nuisance. Rule 104. Every other act or thing done, made, permitted, allowed ,or continued on any property, public or private, by any person, firm or corporation, their agents or servants, detrimental to health or to the damage or injury of any of the inhabitants of this city ,shall be deemed a nuisance. Diseased animals. Rule 105. No diseased or sickly horse, cattle, swine, sheep, dog or other animal, nor any that have been exposed to any dis- ease that is contagions among such animals, shall be brought into the citv of Omaha. REVISED ORDINANCES. 397 Health commissioner, serve notice. Rule 106. In order to better carry out the provisions of these i^ules, it shall be the duty of the commissioner of health or such other officers as may be directed by him to serve a notice in writing uopn the owner, occupant, or agent of any lot, building or premises in or upon which any nuisance ma}^ be found, or upon him who may be the owner or cause of any such nuisance, re- quiring him to abate the same in such manner as the officer serv- ing such notice shall, under the direction of the commissioner of health, prescribe; Provided, that it shall not be necessary in any case for any officer to specify in his notice the manner in which any nuisance shall be abated unless it be deemed advisable so to do; and if such owner, occupant or agent shall neglect or refuse to comply with the requirements of such notice within the time therein specified, or, if he or she cannot be found, the commissioner of health may at once cause such nuisance to be abated, and shall report to the city council the cost of abating such nuisance, which cost shall be levied by the city council, upon the lot or ground upon or opposite to which the same shall have been abated; Proinded, however, the cost in no case shall exceed the sum of S50.00. Supervision. Rule 107. It shall be the duty of the commissioner of health and such other officers as may be appointed by him from time to time, to ascertain and cause all nuisance declared to be such in these rules to be abated, and each and all of said officers shall, under the supervision of the commissioner of health, have authority in the day time to enter any storehouse, stable or other building, in order to make a thorough examination of the cellars, vaults, sinks and drains; to enter upon all lots or grounds, and to cause all stagnant water to be drained oiT and pools, sinks, vaults, drains, holes or low places to be cleansed, filled up or otherwise purified, and to cause all noisome substances to be abated or removed. Water closets. Rule 108. Every person who shall be the owner, lesse, keeper or manager of any tenement house, boarding house, lodging house, or manufactory, shall provide, or cause to be provided, for the accommodation thereof and for the \ise of the tenants lodgers, boarders or workers therein, adequate privies or water closets, and the same shall be so ventilated and shall at all times 398 REVISED ORDINANCES. be kept in such cleanly and wholesome condition as not to be offen- sive or dangerous or detrimental to health; and no offensive smell or gases from or through any outlet or sewer, or through any such privy or water closet, shall be allowed by any person aforesaid to exist in such house or any part thereof, or in any other house or building. Privy — How constructed. Rule 109. All privy vaults constructed, used or maintained within the city of .Omaha shall be constructed of well burned brick or stone laid in and coated with a good quahty of cement, and shall be water tight. All privy vaults hereafter constructed shall be six feet in depth and no more. The sides and bottoms shall be at least eight inches thick, or in lieu of brick in the bottom it may have one flagstone of the size of the vault, laid in cement. Location. Rule 110. No privy vault shall be built or maintained within ten feet of the hne of any street, or of the party hne of the adjacent lot or lots, or of the door or window of any house, or of any well; Provided, that any privy vault may be built at any place in the rear of any lot ten feet from the real hne of said lot abutting upon any pubhc alley; Provided further, that said vault shall not be nearer to any street, door, window or well than is provided in these rules. No privy vault or cess pool shall be completed nor shall it be covered until the same has been inspected by the com- missioner of health or one of his assistants, and has been found to be in accordance with the rules and regulations of the heatlh commissioner. In dwelling houses. Rule 111. Every dwelling residence, store, tenement-house and factory within the city of Omaha, shall be furnished with a suitable privy or water-closet and cesspool or sewer connection; but no privy vault or cesspool shall hereafter be constructed within the city without a permit for that purpose first obtained from the commissioner of health. Provided, no privy vault, water-closet, or cesspool shall be built or maintained in a sewer district where there is also water, without being properly connected with the sewer. And no cesspool shall be allowed to remain on any prem- ises in the citv of Omaha unless unavoidable, and in accordance REVISED ORDINANCES. 399^ with the terms of the permit issued by the commissioner of health, which permit shall designate the exact location and material to be used in the construction of the same. Contaminating wells. Rule 112. When, in the opinion of the commissioner of health, any cesspool is liable to contiminate wells or neighborhood property, or when a urinal or water-closet is to be connected with the same, it shall be bricked up and cemented as provided for the construction of privy vaults. When necessary to construct a cesspool on private ground the same shall, when practicable be located in the rear of the lot on the line of the alley; and no cess- pool shall be located or constructed nearer to the partition or side- hne dividing the same from adjoining property than ten feet. Nuisance. Rule 113. No owner, tenant, sub-tenant, occupant, lessor,, lessee, or other person in possession of any premises shall keep, permit or suffer to exist thereon an}- privy vault, cesspool, water- closet or other receptacle whatsoever of human excrement which is in a foul, full, filthy, stinking, insecure leaking or defective con- dition, or emitting smells or odors prejudicial to health or in any other state or condition which is detrimental to public health. Ventilation. Rule 114. No privy vault or cesspool shall be constructed without adequate provision for the effectual and proper ventil- ation and cleaning thereof, nor shall any privy vault be construct- ed having pipe connected with the interior of any house or building unless so arranged as to prevent the admission of gas into such house or building. Removal of contents . Rule 115. The contents of any privy, privy vault, privy box, sink or cesspool within the limits of the city of Omaha shall not be removed therefrom, nor shall the same be transported through any street, alley or public place within the city, except through or by means of air-tight vessels or apparatus approved by the commissioner of health, which shall preserve such contents from sight or exposure during such process of removal or trans- portation, and such renuival shall not take place except between the hours of 10 o'clock p. m. and 5 o'clock a. m. next following. 400 REVISED ORDINANCES. When cleaned. Rule 116. All privy vaults and cesspools must be cleaned whenever the contents thereof shall be within two and one-half feet of the top or surface of the ground. Whenever the contents of any privy vault or cesspool shall be removed or a notice or order shall be issued by the commissioner of health for that purpose, the contents of such privy vault or cesspool shall be cleaned to the bottom. No garbage in. Rule 117. No person shall throw into or deposit in any vault, sink, privy or cesspool any offal, ashes, meat, fish, garbage or any other substance whatever except that of which such place is the appropriate receptacle. Disinfection. Rule lis. All putrid or offensive matter, and all night soil and the contents of sinks, privies, vaults, cesspools and all noxious substances in said city shall, before their removal or ex- posure, be disinfected and rendered inoffensive by the person who removes or is about to remove the same. Disused — How filled. Rule 110. Whenever the use of any privy vault or cesspool is discontinued, such privy vault or cesspool shall be cleaned to the bottom and filled up with earth or other suitable material to be designated by the commissioner of health. Dumping grounds. Rule 120. The commissioner of health shall designate the dumping ground or plaec, at which place shall be dumped all manure, ashes, night soil, garbage, filth, offal, dead animals and other ref- use matter, except such ashes and manure for which a permit has been obtained to deposit elsewhere, and no person or persons, firm or corporation shall dump such matter or any thereof at any other place within the city of Omaha or within three miles thereof, except ashes and manure excepted herefrom by written permit from the commissioner of health. REVISED ORDINANCES. 401 Choking vault. Rule 121. No person shall deposit or throw into any sewer, sewer inlet or privy vault which has a sewer connection, in the city of Omaha, any article whatever that may cause said sewer to choke up or other wise create a nuisance. Police — Duties of. Rule 122. It shall be the duty of the police officers of the city of Omaha to observe the sanitary condition of their respective districts and to report, through their chief, to the commissioner of health promptly any nuisance or accumulated filth found in such portions of the city. Notice of rules. Rule 123. It shall be the duty of the commissioner of health to give proper notices of the requirements of these rules and warn all owners and occupants of premises within the city of Omaha, to cause the removal of all accumulations of garbage, filth, offal, etc., and that on failure so to do the fines and penalties imposed by the ordinances of the city of Omaha will be strictly enforced. License. Rule 124. No person, firm association of persons, or cor- poration, not having a contract with the city of Omaha, except those hauling manure, ashes or other refuse matter (not to include garbage, night soil or dead animals) from their own premises, and except those hauling manure to be placed and used for agricul- tural purposes upon premises owned or leased by them, shall haul any manure, ashes or other refuse matter (not to include garbage, night soil or dead animals) without a license from the commissioner of health, and where said material is to be deposited at any other place than the general dumping place designated by the commissioner of heatlh, said person, firm, association of persons or corporation shall have, in addition, the written permit provided for in these rules. For each license so issued there shall be paid to the city clerk of Omaha the sum of $5. Forfeit license. Rule 125. In case any person, firm, association of persons or corporation to whom a permit or license has been issued shall violate any of these rules, their license or licenses shall be revoked by 402 REVISED ORDINANCES. the commissioner of health, and no new permit nor any hcense shall be issued or granted to such person, firm, association of persons or corporation, nor to their agents or employes for the full period of three months from the date that the said license is revoked, and in case of a permit, no new permit shall be issued for the per- iod of three full months from the date of the violation of these rules. Penalty. Section 2. Any person, company or corporation who shall violate or fail to comply with any rec[uirement or provision of any of the foregoing rules and regulations shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars (SIOO.OO) or be con- fined in jail not exceeding thirty (30) days or be both fined and imprisoned in the discretion of the court. Notice. Section 3. It shall be unlawful for any owner or occupant of any property, building or premises, or agent for any property, building or premises on or in which is located any privy, vault, cesspool or water-closet or other receptacle of human excrement to fail or refuse to have the same cleaned or the contents thereof removed within five (5) days after having been so notified by the chief of police or board of health, or by any officer authorized to give such notice. It shall also be unlawful for any owner, occupant or agent to fail or refuse to pay or cause to be paid the legal fees for the removal of said contents, and upon such failure or refusal said owner, agent or occupant shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five ($25.00) dollars nor more than one hundred ($100) dollars for any such offense. Dumping ground. Section 4. Authority and permission are hereby given to the health commissioner to open and maintain a dumping place in the city of Omaha, for the dumping and deposit of ashes, manure and cinders, under rules and regulations to be prescribed by said commissioner, at and between the points designated and described as follows : Commencing at the east end of Mason street on the south line thereof, thence north along the west bank of the Missouri river to the north line of allev between Farnam and Harney streets; REVISED ORDINANCES. 403 Provided however, that all persons desiring to use said dumping ground for the deposit of manure, ashes and cinders shall first obtain the consent from the railroad company owning rights of way and tracks in said locality, to cross over such tracks and rights of way. Use of dumping ground. Section 5. The contractor with the city of Omaha for the removal of garbage, etc., is hereby given the right, as well as others that are allowed the privilege, to use said dumping place for dumping purposes during the time the same is maintained and kept open. The use of said dumping place by dumping and depositing thereat, ashes, manure, dead animals, garbage and offal by said contractor during the time it is so maintained and kept open shall not invalidate said contractor's contract with said city; nor shall it be a violation or breach of said contract for said contractor so to do. Section 6. The provisions of any ordinance in conflict here- with be and the same hereby are suspended and shall be inopera- tive during the time that said dumping place shall be maintained and kept open under the provisions of the two last preceding sections. Removing old paper. Section 7. It shall be the duty of all paper-hangers or other persons, when repapering a room or rooms, to remove all old paper that may be on the walls thereof and to see that such walls are in a sanitary condition before the application of new paper. Penalty. Section 8. Any person or persons who shall violate any provision of the preceding section shall, upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in any sum not less than S5.00 nor more than $25.00, in the discretion of the court. 404 REVISED ORDINANCES. CHAPTER LXXI. SCALES IN STREETS. No scales allowed on streets, except as herein provided. Section 1. That no person or persons, corporation, firm or association shall construct, continue, use or keep or maintain platform, hay or other scales upon Howard, Harney, Farnam, Douglas, Dodge or Sixteenth streets, or upon any other street or public grounds of the city of Omaha, except as hereinafter provided. Application — Return of property owners — Bond. Section 2. Any person or persons, corporation, firm or association desiring to construct, use or maintain scales upon any public street in the city of Omaha, opposite the premises of such person, firm, corporation, or association may make application to the city council, stating the size and kind of scale proposed, for what purpose to be used, and shall at the same time present a peti- tion of a majority of the owners of property abutting and adjoining the side of the street in the ])lock where such scales are proposed to be located, praying for the granting of a permit to construct or continue the use of such scales, and shall also agree upon the granting of such permit to execute a bond to the city of Omaha, in the sum of two thousand ($2,000) dollars, with one or more sufficient sureties, conditioned that such applicant will construct and maintain such scales in accordance with such permit, and as the city engineer may direct, and will faithfully observe all ordinances of the city of Omaha relating to scales, and protect the city from all actions, suits, loss or damage by reason of the construction or maintenance of such scales, and whenever required so to do by the city engi- neer will remove such scales, and without expense to the city, fill up the excavation made for such scales, and pave, curb and gutter that portion of the street occupied, injured or used by such scales, so that such portion of the street shall in all respects be equal to and in as good condition as the adjacent portion of such street. How scales are to be constructed — Streets excepted. Section 3. All scales hereafter constructed or maintained upon any public street in the city of Omaha, shall be so constructed REVISED ORDINANCES. 405 and maintained as not to interfere with the pubhc use of such street, or the sidewalk along the same, and so as not to obstruct the gutter, but such scales shall as near as practicable be on a level with the surface of the adjacent portion of the street and outside gutter, and so constructed as not to interfere with the drainage of the street, and the beam box shall be constructed inside of the property line. No permit shall be granted to construct or maintain scales on Howard, Harney, Farnam, Douglas, Dodge or Sixteenth streets, wherever said streets are paved or under contract to be paved. Penalty. Section 4. Any person, or persons, corporation, firm or association, constructing or maintaining scales upon any street or pubUc ground of the city of Omaha, without first procuring a permit as hereinbefore authorized, or violating any of the pro- visions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not l,ess than twenty-five ($25) dollars nor exceeding one hundred ($100) dollars, and moreover shall be liable to all damages and costs made necessary in removing such scales, and restoring the street to its previous condition. 406 REVISED ORDINANCES. CHAPTER LXXII. SEAL OF CITY. Seal described. Section 1. A seal, the impression of which is as follows: in the center a representation of the city hall of the city of Omaha, and around the outer edge the words, ' ' Seal of the City of Omaha, Nebraska," shall be and hereby is designated and declared to be the seal of the city of Omaha. Custody of clerk — When used. Section 2. The seal of the cit}^ of Omaha shall be in the care and custody of the city clerk, who shall use the same by making an impression thereof upon all papers and documents certified to or attested by him, as well, also, as upon all bonds issued by the city of Omaha, or other papers or documents which may require the seal of said city. Impress on ordinances. Section 3. That the city clerk of the city of Omaha be, and is hereby authorized and directed to impress the seal of the city of Omaha upon all original ordinances of the city that have been or may hereafter be passed and approved by the city council and the mayor thereof. Legalizing ordinances. Section 4. That all ordinances that have heretofore been passed and approved, on which the seal of this city was not im- pressed, are hereby legalized, and the same shall be held of the same effect as if said seal had been so impressed. REVISED ORDINANCES. 407 CHAPTER LXXIII. SECOND HAND DEALERS. Second hand dealers defined. Section 1. Any person or persons who shall engage m the business of buying, selling or dealing in second hand clothing, jewelry, goods, wares or merchandise is hereby declared and de- fined to be a dealer in second hand goods ; Provided, that the pro- visions of this chapter shall not apph" to any person, persons or firms buying and selhng furniture and household goods, known as second hand furniture dealer. License — Business in only one place. Section 2. Every person or firm engaged in the business of dealer in second hand goods, shall obtain a license as such dealer in second hand goods before engaging in such business. The money for obtaining such license shall first be paid to the city clerk and the amount required to be paid shall be as follows : For license to engage in the business of second hand goods, the sum of $5.00 per year. Such license shall expire on December 31 of the year in which it is issued. No person or firm licensed under the provisions of this chapter shall be allowed to do business in more than one place under one license, and every license shall state the place where such business is to be carried on, and shall not be assignable. It shall be unlawful for any person not having a license to display in front of, about or upon his premises any second hand dealer's sign, or any sign or advertisement stating that any goods of the character named in this ordinance are bought or sold on said premises. Book describing purchases. Section 3. All persons who shall engage in the business of dealers in second hand goods shall keep a book in which shall be legibly written in ink at the time any purchase was made an. accurate account or description in the English language of the goods, articles or things purchased, the amount of money paid thereon or therefor, the time the same was received, and the 408 REVISED ORDINANCES. name, residence and description of the person selling the same, which book as well as the article purchased shall be at all reasonable times open to the inspection of the mayor, chief of police or any member of the police department. Report to chief of police. Section 4. It shall be the duty of every dealer in second- hand goods to make out and deliver to the chief of police every day before the hour of 12 m. a legible and correct copy, from the book required in section 8 hereof, of all personal property or other valuable things purchased, received or deposited with such dealer in second hand goods during the preceding day, together with a statement of the time the same was received or purchased, and a description of the person or persons who delivered or deposited the same or from whom the same were purchased; Provided, that no person shall be required to furnish such description of any property purchased from manufactures or wholesale dealers having an established place of business, or of any goods purchased at open sale from any bankrupt stock, Provided, the delivery or sale of such goods is accompanied with a bill of sale or other evidence of open and legitimate purchase, such bill of sale or other evidence to be shown to the mayor, chief of police or any member or officer of the police department upon demand; Provided, further, that the report herein required shall not apply to Sundays, but the report of Monday of each week shall cover the business transactions of the Saturday previous and also the Sunday previous, if any such transactions shall take place on said last mentioned day ; Provided, further, that the business handled by loan brokers, which is recorded as mortgages in the county clerk's office of Douglas county, Ne- braska, shall be exempt from the provisions of this ordinance, and on such business no report to the chief of police shall be reciuired. Withhold sale. Section 5. Xo personal property received on deposit or pur- chase by any dealer in second hand goods shall be sold or per- mitted to be redeemed from the place of business of such per- son for the space of twenty-four hours after the copy and statement required to be delivered by section 4 of this chapter shall have been delivered as required by said section. REVISED ORDINANCES. 409 Penalty. Section 6. Every dealer in second hand goods, or the agent, representative or servant of any such dealer, who shall violate or neglect or refuse to comply with any provision of this chapter shall be deemed guilty of a misdemeanor and for each offence shall be subject to a fine of not exceeding one hundred dollars ($100), and in case any license has been granted to any such broker or dealer, such license may by judgment of the police judge be cancelled and revoked. 410 REVISED ORDINANCES. CHAPTER LXXIV. SHOOTING GALLERIES. License. Section 1. It shall be unlawful for any person, persons, firm or corporation to conduct or maintain a shooting gallery within the city of Omaha without having first obtained a license therefor. Fees. Section 2. For license for any shooting gallery the sum of $50.00 per year or $25.00 per six months shall be charged. Pro- vided, hcense for shooting gallery may be issued for $2.00 per day or $5.00 per week. All such licenses must expire -within the year in which they are issued. Penalty. Section 3. Any person, persons, firm or corporation violat- ing any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $5.00, nor more thaan $25.00. Shows, Various Kinds. See Circuses. REVISED ORDINANCES. 411 CHAPTER LXXV. SIDEWALKS. Order for sidewalk. Section 1. Whenever the mayor and city council may deem it necessary and expedient so to do, they may, by concurrent resolution, require a sidewalk to be laid, constructed or widened in front of, or adjacent to any premises, along any street, avenue, or boulevard in the city of Omaha. Said resolution may be in the following form: "Be it Resolved by the city council of the city of Omaha, the mayor concurring: That it is hereby declared necessary and expedient that a sidewalk feet wide be constructed and laid (or widened) to the established (or temporary) grade on the side of street (avenue or boulevard) in the city of Omaha, along and upon the place provided for sidewalks adjoining the following described premises, to wit: ; such sidewalk to be constructed (or widened) of , under the supervision of the city engineer, and in accordance with the plans and specifi- cations and requirements as prepared by the city engineer and adopted and approved by the mayor and city council of said city. Provided, that the owner or owners of the premises herein described shall have twenty days from and after the last pubhca- tion of notice hereof in which to lay or construct or widen said sidewalk, or to commence the laying, construction or widening of said sidewalk, as provided herein; and. Provided, further, that the said owner or owners are hereby notified and warned that if they fail, neglect or refuse to lay, construct or widen said side- walks, or to enter upon the laying, constructing or widening of said sidewalks as herein ordered, within twenty days after the last publication of such notice, that then and thereafter the city of Omaha will cause the same to be laid, constructed or widened as herein ordered by the city sidewalk contractor at and for the cost and price fixed by his said contract, which said cost will be thereafter levied and assessed by the mayor and city council as a special tax against their said premises." Provided, That in case the grade of any street or part of street has not been estabhshed or where the street has not been worked or filled to the established grade, or where the street has 412 REVISED ORDINANCES. been graded but does not conform to the established grade, then, and in such case, and in each of them, the owners of lots or lands abutting on such streets shall only be required to construct side- walks along such streets with brick, macadam or such other ma- terial, except stone, or artificial stone, as the mayor and council may direct, and in no such case, except when constructed upon streets conforming to the established grade, shall the owners be required to construct a sidewalk exceeding four feet in width; Provided, further, it shall be proper for the mayor and city council in their discretion, by one concurrent resolution to require the construction or widening of sidewalks along and adjoining to any number of pieces of property; that in such concurrent resolution the mayor and council shall name and designate but one kind of material as the material to be used in the construction of the sidwealks ordered therein. Construction. Section 2. The construction and widening of all sidewalks hereafter laid or widened pursuant to such concurrent resolution shall be done under the direction and supervision of the city engineer and under such rules and requirements and in conformity with such plans and specifications as may be prepared by the city engineer and adopted and approved by the mayor and council. Provided, that hereafter it shall be the duty of the city en- gineer to prepare each year, subject to the approval of the mayor and council, plans and specifications for the construction and widening of such sidewalks as may be ordered during the year ending December 31, following. The specifications so prepared by the city engineer shall include plans and specifications for the laying and constructing of walks of all kinds of material as may be designated by the mayor and council and shall admit of the widest latitude in competition for the material to be used for such purposes; they shall not specify that the material to be used shall be derived from any specific locality, mine, quarry, kiln or from any particular owner, but they shall be simply for brick, tiling, stone or any other material in like general terms. Permanent and wooden walks. Section 3. All sidewalks hereafter laid in the city of Omaha shall be either permanent or wooden sidewalks; permanent side- REVISED ORDINANCES. 413 walks shall be laid and constructed of permanent material, snch as brick, tiling, stone, artificial stone, slagolithic stone or other like material as may be ordered by the mayor and council; wooden sidewalks shall be constructed of pine, oak plank or other like material as may be designated by the mayor and city council, and be of such width and thickness and be laid upon joists of such dimensions and in such manner as may be required by the plans and specifications prepared by the city engineer and ap- proved by the mayor and council. When wooden sidewalk may be constructed. Section 4. It is hereby declared unlawful for any person, or persons, firm, or corporation, to lay or construct any wooden sidewalk along or upon any street, avenue or boulevard in the city of Omaha, or to in any manner authorize, direct or permit the laying or construction of any such sidewalk. Provided, That when the mayor and council, by resolution, declare it inadvisable to build a permanent sidewalk and order a wooden sidewalk to be constructed, it shall be laAvful to construct the same in accordance with the provisions of said resolutions and this chapter. Notice to property owners. Section 5. Upon the passage of any concurrent resolution, directing the construction or widening of any sidewalk, it shall be the duty of the city clerk to cause to be published for three consecutive days in the official paper of the city a notice directed to the owners of the property described in said resolution, notifying such owners of the passage of said resolution, and that they will have twenty days from and after the last day of publication of such notice within which to lay or widen the sidewalks so ordered or cause the same to be done, and further notifying said owners that if they fail to lay and construct or widen said sidewalks or cause the same to be done within twenty days after the last pub- lication of said notice, that then and in that case the city will cause said sidewalks to be laid and constructed or widened by the city sidewalk contractor at and for the cost and price fixed by his said contract, which said cost will be levied and assessed thereafter by the mayor and city council of the city of Omaha, as a special tax against their said premises; said n()tic(> may be substautiallv in the following form, to wit: 414 REVISED ORDINANCES. "To the owners of the several pieces of real estate herein- after described: ''You, and each of you, are hereby notified that on the day of , 190 — , the city council of the city of Omaha passed, and on the day of , 190 — , the mayor of said cit}^ approved concurrent resolution number , which is in the words and figures following (here insert copy of resolution, except provisos). "You, and each of you, are further notified that you will have twenty days from and after the last day of publication of this notice in which to lay and construct or widen said sidewalks or commence the laying or construction or widening of said side- walks as ordered in said resolution ; and you are further notified and warned that if you fail, neglect, and refuse to lay, construct or widen said sidewalks, or to enter upon the laying, constructing or widening of such sidewalks, as herein ordered, within twenty days after the last publication of this notice, that then, and in that case, the city of Omaha will cause the same to be laid, con- structed, or widened, as herein ordered, by the city sidewalk contractor at and for the cost and price fixed by his said contract, which said cost will be levied and assessed b}^ the mayor and city council of the city of Omaha, as a special tax against your said premises. ' ' Dated at Omaha, Nebraska, this day of , 190 — . City clerk." It shall be the duty of the publisher of the official paper, or his agent, to file with the said city clerk an affidavit of the pub- lication of such notice as soon as the publication herein required is complete, and the publication of such notice shall be deemed a good and sufficient notice to the owner or owners of the property in front of or abutting on or adjacent to which said sidewalks are to be constructed or widened, to so construct or widen the same, and no other notice shall be had, given, or required; such affidavit of the publisher or his agent shall be prima facie evidence of the publication herein required and shall be carefully preserved by the city clerk. Provided ■ That upon the passage of an}^ resolution order- ing the construction or widening of any sidewalk it shall be the duty of the city clerk to give an additional notice in like form bv registered letter directed to the last known address of the REVISED OKDINANCES. 415 owner or agent of the real estate in front of, abutting on, or ad- jacent to which said sidewalk is to be constructed or widened, but the failure to give such additional notice by the said city clerk shall not invalidate such proceedings or the special assessment for such sidewalk. Duty of property owner. Section 6. Upon the publication of the notice as aforesaid it shall be the duty of the owner or owners of the property in front of, abutting on, or adjacent to which the said sidewalks are ordered constructed or widened to cause the same to be con- structed or widened or to enter upon the construction or widening of such sidewalks in the manner required by this chapter or said resolution within twenty days after the last piibhcation of said notice, as required by Section 5 hereof. Duty of City Engineer. Section 7. If, at the expiration of twenty days from the last pubHcation of the notice as required by Section 5 hereof, the sidewalk ordered constructed or widened shall not have been constructed or widened as by this chapter or said resolution required, or if the owner shall not have entered upon the con- struction and widening of said sidewalk in strict accordance with the plans and specifications and requirements as prepared by the city engineer and approved by the mayor and council, then the city engineer shall, within ten days thereafter, direct the city sidewalk contractor to lay, construct or widen such sidewalks in accordance with the provisions of this chapter and the concurrent resolution passed thereunder, and it shall be the duty of the said contractor after receiving such order, to lay, construct or widen such sidewalk without unnecessary delay. Sealed bids — Advertisement. Section 8. It shall be the duty of the city clerk each year after the approval and adoption of the plans and specifications therefor, to advertise for not less than ten consecutive days in the official paper of the city, for sealed bids for the construction and widening of such sidewalks as may be ordered by the mayor and council during the year ending December 31st following; to be constructed or widened in accordance with the ))lans and specifications for such walks as prepared })y the city engineer and 416 REVISED ORDINANCES. approved and adopted by the mayor and city council; the adver- tisement for such bids shall fix the day and hour of the expiration of the time for receiving such bids and the city clerk shall present the same to the city council unopened at its next succeeding regular meeting, at which meeting the said bids shall be opened and read in open council meeting, and the contract awarded to the lowest bidder; Provided, the council may refer such bids to the city engineer for tabulation, if deemed advisable. The council shall have the power to reject any and all bids and in the event that all bids so received are unsatisfactory and rejected as such, or when otherwise necessary, the city clerk shall advertise for ten days in like manner for new bids in accord- ance with and under the provisions hereof. If, after examining said bids, it shall be deemed advisable by the city council, the city engineer, subject to the approval of the mayor and council, shall contract for the construction or widening of such sidewalks as may be ordered by the mayor and city council during the year ending December 31st, following, to be constructed or widened, with the lowest bidder for the kind and class of material designated by the mayor and council as the material to be used in the construction or widening of said side- walks; and after said contract has been executed, then and there- after, during the period ending December 31st, following, it shall be the duty of the city contractor, upon being ordered so to do by the city engineer, to lay, construct, or widen all sidewalks ordered by the mayor and city council during said period to be constructed or widened, in all cases where the owner or owners of the property in front of, abutting on, or adjacent to which the same were ordered constructed or widened have failed, ne- glected, or refused to lay, construct or widen said walks, or to enter upon the laying, construction or widening of such walks within twenty days after the last publication of the notice as provided in Section 5 hereof. Repairs. Section 9. All wooden sidewalks heretofore laid or con- structed in the city of Omaha, or hereafter laid and constructed pursuant to the provisions of this chapter shall be maintained in a good and safe condition by the owner or owners of the pre- mises along which such sidewalks exist, until such time as per- manent sidewalks shall be ordered by the mayor, and city council along said premises; and it shall be the duty of the said owner or REVISF.D ORDIXANCES. 417 owners to make all necessaiy repairs on said sidewalks from time to time as the same may be needed to keep said sidewalks in a good and safe condition. Duty City Engineer. Section 10. That the city engineer be, and he is hereby, authorized and directed to cause to be prepared and put in a proper and safe condition any sidewalk along, and upon any street, avenue or boulevard in the city of Omaha, except in case such sidewalk by reason of its dilapidated condition is beyond repair, and should be torn up and replaced by a new sidewalk; and it shall be the dut}' of the city engineer, and said engineer shall have the power to forthwith make all necessary repairs on said sidewalks. It shall not be necessary for the city of Omaha, or the city engineer, before making such repairs, to notify the owners of the premises along which said sidewalk is laid thereof; the fact that such sidewalk is out of repair and in an unsafe and dangerous condition shall be held and taken as conclusive proof of the failure, neglect and default of the owner of the premises along which such sidewalk is laid to make such repairs, and shall be sufficient to authorize and empower the city engineer to make such repairs as herein directed. It shall be the duty of the city engineer to report from time to time the cost of such repairs to the city council, that the same may be assessed against the lots and real estate opposite to which said repairs have been made. Nuisance — Misdemeanor. Section 11. Xo old sidewalk shall be torn up or destroyed until after the mayor and council shall have, by concurrent reso- lution under the provisions of this chapter, ordered a new side- walk to be constructed in place thereof. Provided, however, it shall be the duty of the city engineer, upon the certificate of the councilman from the ward in which the sidewalk is located certifying that such sidewalk (describing it) by reason of its di- lapidated condition is beyond repair, to forthwith tear up, destroy and remove such old sidewalk as a nuisance. Any sidewalk con- structed in any other manner than is authorized and required by this chapter is hereby declared a nuisance, and any person building such sidewalk or authorizing the same to be laid, or constructed along or adjoining his premises, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties hereafter provided. ■ilS rp:vised ordinances. Cost assessed against property. Section 12. raynieiit by the city for the construction or widening of sidewalks constructed or widened under this chap- ter, and the concurrent resolutions passed in pursuance of its provisions, shall be made by warrants upon a special fund to be created by assessments levied upon the lots or parcels of land along and adjacent to which the said sidewalks are so constructed or widened, and in case of corner lots, such lots shall be charged with the cost of so much additional walk as was required to be laid for the intersection of the sidewalks abutting on the frontage of such lots; and it shall be the duty of the city engineer and of the mayor and city council, in entering into a contract for the construction of said sidewalks, to stipulate in said contract and make it a condition thereof, that the contractor therein shall be so paid and that the warrants so drawn and issued shall be accepted by said contractor in full payment and satisfaction of all sums due him under said contract, and in the drawing of said warrants under said contract, a separate warrant shall be drawn against each lot, parcel, or tract of land, against which any special tax is levied, to cover the cost of constructing or widening a side- walk adjacent thereto, which said warrant shall be for the full amount of the tax, except the cost of inspection, levied against said tract or parcel of and to cover the cost of the sidewalk con- structed or widened adjacent thereto, and each of said warrants shall expressly recite upon its face that it is payable out of the proceeds of the special tax levied by special levy ordinance (giving number of same) upon and against said lot, tract or parcel of land (giving description of same). The cost of the construction, widening, or repairing of any sidewalk shall be levied upon any lot or ground abutting upon, adjacent to or adjoining which said sidewalk is laid, widened or repaired, by ordinance, and the taxes so levied shall become due and payable immediately upon the levying of same, and dehquent fifty days thereafter. City Engineer keep record. Section 13. It shall be the duty of the city engineer to keep a record of all sidewalks constructed or widened by the city con- tractor under this chapter and the concurrent resolutions passed pursuant to its provisions, and report the cost thereof to the council for the purpose of being assessed against the premises along which said sidewalk was laid and widened. REVISED ORDINANCES. 419 City Clerk deliver ordinance and warrant to Treasurer. Section 14. Whenever any such special tax is levied the city clerk shall forthwith deliver a copy of such ordinance with the usual warrant thereto attached to the city treasurer, and the city treasurer shall forthwith proceed to collect the said taxes in the same manner as provided for the collection of other special taxes. Penalty. Section 15. Any person, company, or corporation, who shall fail, neglect, or refuse to comply with any of the conditions or requirements of any of the foregoing sections of this chapter, or who shall fail to comply with Jiny of the requirements herein, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding the sum of thirty ($30) dollars. Throwing heavy substances on sidewalk — Penalty. Section 16. It is hereby declared unlawful for any person to throw any iron or other heavy or metallic weight, or to dump or to throw ice, coal, boxes, barrels, or other hard or heavy sub- stance upon any sidewalk in the city of Omaha, in such a manner as may cause injury to such sidewalk. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred ($100) dollars, or imprisoned not exceed- ing thirty (30) days, or both fined and imprisoned, in the discre- tion of the court, and moreover shall be liable for any injury caused to any such sidewalk. Clearing sidewalks of snow and ice. Section 17. It sliall be the duty of th(> occupant, as well as the duty of the owner, of any lot or land or real estate in the city of Omaha to clear the sidewalks contiguous thereto of all snow and ice within six hours after tlie cessation of any stoi-m or fall of snow; provided, however, if such storm or fall of snow take i)lace and occur in the night time, then and in that case the owner shall have until 12 o'clock iU)on next following to clear said sidewalks of said snow and ice; said snow and ice shall be removed into the trav- eled portion of the street and so spn^ad over the surface^ of the street as not to interfci-c with |)iiblic li-a\-cl tlici-con, and no ))or- 420 REVISED ORDINANCES. tion thereof shall be placed or spread within three feet of the curb line on said street. Penalty. Section 18. Any occupant of any lot, land or real estate who shall neglect, fail or refuse to clear said sidewalks contiguous to the premises occupied by him of snow and ice, in the manner and within the time specified in section 17 hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than five ($5) dollars, and not exceeding twenty- five ($25) dollars. Cleared by city, tax. Section 19. If any side walk in front of any lot, land or real estate within the city be not cleared by the occupant or owner, as directed in section 17 hereof, and by the time therein specified, it shall be the duty of the city engineer to cause said sidewalk to be cleared forthwith and to immediately report the cost and expense thereof to the city council, and the council shall thereupon levy a special tax on such lot or land sufficient to pay such costs and expenses, which said special tax shall be due and payable at the date of the levy and become delinquent fifty days after the date of levy, and from and after becoming dehnquent shall bear interest at the rate of one per cent per month until paid; and when any such special tax is levied the city clerk shall forthwith dehver a copy of the ordinance levying the same to the city treasurer, and to every such copy of such ordinance so delivered to the city treas- urer the city clerk shall append a warrant in the usual form, re- quiring the city treasurer to collect such special taxes by distress, and sale of goods and chattels of the owner of the lots and lands so taxed, if the same be not paid before the time fixed for the same to become delinquent. All of such special taxes remaining un- paid and uncollected shall be transmitted and certified by the city treasurer to the county treasurer for collection by the sale of the lots, lands and real estate so taxed, at the time and in the manner as provided by law, for the transmission and certification by the city treasurer to the county treasurer of other taxes and special taxes for collection by sale of the lots, lands and real estate, subject to such taxes and special taxes. REVISED ORDINANCES, 421 Persons injured, damages. Section 20. In the event any persons shall be injured in body or property, by reason of the neglect, failure or refusal of any occupant or owner to clear the sidewalks contiguous to the premises occupied or owned by him, of snow and ice as herein pro- vided, and such person so injured shall recover damages and costs from the city of Omaha for the injuries so sustained, such owner shall be hable to the city for the amount of damages and costs so recovered and the city may sue and recover same at law. Definition. Section 21. The word "Occupant" as used in this chapter shall be held and construed to include the person or persons actually occupying the lot, land or real estate, whether he be tenant, lessee or owner; the word "Owner" as used in this chapter shall be held and construed to include the person or persons holding the legal title to the lot, land or real estate; the w^ord "Person" as used in this chapter shall be held and construed to include persons, co-partnerships, associations and corporations. Sidewalks, Animals or Vehicles on. See Misdemeanors, Section 28. Sidewalks, Obstructing or Removing. See Misdemeanors, Section 82. Signs, Posting of Without Permission. See Misdemeanors, Section 80. 422 REVISED ORDINANCES. CHAPTER LXXVI. SLAUGHTER HOUSES. Within what territory a nuisance. Section 1. It is hereby declared unlawful to carry on the business of slaughtering animals, or of operating a slaughter house or packing house in aiiy of that part of the city of Omaha included within the corporate limits of said city as the same existed in the year A. D. 1886, and any such acts, business or occupation within said limits is hereby declared to be a nuisance. Operating within corporate limits of 1 886 prohibited. Section 2. The operating of any slaughter or packing house in any part of the city of Omaha, excepting those now in actual use as such outside of the corporate limits as they existed A. D. 1886, is hereby prohibited and declared to be a nuisance, and it shall be unlawful to make any additions to any slaughter or packing house in any part of the city of Omaha with intent to use the same for packing or slaughtering purposes. Penalty. Section 3. Any one violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and on convic- tion shall be fined in any sum not exceeding fifty ($50) dollars, or imprisoned for a term not exceeding thirty days, or may be both fined and imprisoned, and the nuisance shall be abated, and every day the nusiance shall continue shall be deemed a new offense. Slaughter Houses. See Misdemeanors, Sections 56, 57 and 58. REVISKD ORDINANCES. 423 CHAPTER LXXVII. SLOT MACHINES. License. Section 1. It is hereby declared unlawful for any person, persons, corporations, company or association to place, exhibit or operate or authorize to be placed, exhibited or operated on any streets, alley or sidewalk of the city of Omaha any slot machine or other like contrivance or device in which may be deposited pennies or other coin for the delivery of merchandise, soft drinks, or for weighing, furnishing music, or which may be used for other like purposes, without first complying with the provisions of this chapter, and obtaining a license as herein required. Applications for license. Section 2. Any person, persons, corporation, company or association desiring to place, exhibit, operate or have used on any pubhc streets, alley or sidewalk of the city of Omaha, any slot machine or other like machine or device for the delivery of merchan- dise, soft drinks, or for weighing, furnishing music or for any other like purpose, shall make application to the city license inspector for a permit to locate said machine or machines ; said permit shall state OM'ner's name, proposed location for each machine, and if granted, he shall approve such permit bj^ endorsing thereon his name and the word approved It shall be the duty of the license inspector to visit each proposed location before approving or reject- ing any permit. Clerk to issue. Section 8. The city clerk shall issue, upon application, to any person, persons, corporation, company or association desiring to place, exhibit, operate or have used on any public street, alley or sidewalk of the city of Omaha any slot machine or* other like machine or device for the delivery of merchandise, soft drinks, or for weighing, furnishing music, or for any other like purpose a license, authorizing the exhibition, use or operation of any such machine, upon presentation of said permit as provided in Section 2 and the payment to said clerk of the sum of five ($5) dollars, for each slot machine or other like device or contrivance proposed to be used for the purpose herein contemplated for the fiscal year in 424 REVISED ORDINANCES. Which such Hcense shall be issued, which license shall in all cases expire December 31st of the year in which the same is issued. Said license shall show on its face the number of the machine and suffic- ient reference thereto to enable identification thereof. Gambling. Section 4. Provided, hoivever, that no license shall be issued for the placing, use, exhibition or operation of any slot machine or other similar machine or device that shall be in the nature of a gambling machine or device, or shall in any manner involve any element of chance, nor shall the holding of any license by the city clerk issued authorize or permit the exhibition, use or maintenance of any slot machine or other similar machine or device which shall be in the nature of a gambling machine or device, or which shall in any manner involve the elements of chance. Penalty. Section 5. Any person, persons, company, corporation or association placing, exhibiting or operating any slot machine or other similar machine or device on any street, alley or sidewalk of the city of Omaha without first complying with the conditions of this chapter, and obtaining a license as herein provided shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five ($25) dollars, or be imprisoned not exceeding ten days, or may be both fined or im- prisoned, as may be determined by the judgment of the court. Merchandise slot machines only. Section 6. That from and after the passage of this ordinance it shall be unlawful for aii}^ merchant, storekeeper, druggist or any other person, persons, partnership, or corporation, to keep, maintain, operate or have exposed in any store or place accessible to the public of the city of Omaha, any trade machine, slot ma- chine or mechanical device whatsoever, by means of which any person playing or manipulating the same may receive or become entitled to receive by way of a prize, gift or winnings, any money or check, chip, counter, playing check or card. Pay in merchandise only. Section 7. That from and after the passage of this ordi- nance it shall be unlawful for any merchant, storekeeper, druggist, REVISED ORDINANCES. -±25 or any other person, persons, partnership or corporation, keeping or maintaining, for pubhc patronage, any trade machine, slot machine or mechanical device whatsoever, to issue, pay, or give to any person playing or manipulating the same, in lieu of the merchandise such person may become entitled to receive as his purchase or winnings, any money, check for money, trade check, chip, counter, playing check or card. Minor operating. .Section 8. That from and after the passage of this ordinance it shall be unlawful for any merchant, storekeeper, druggist, or any other person, partnership or corporation keeping and main- taining for public patronage any trade machine, slot machine or mechanical device whatsoever, to permit, allow, or suffer any minor to use, operate, or play the same. Penalty. Section 9. Any person who shall violate any of the provi- sions of the last three preeeding sections shall he deemed guilt}- of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten ($10) dollars, or more than one hundred ($100) dollars for each and every violation thereof. Whenever any police officer shall make an arrest of any person keeping or maintaining any trade machine, slot machine or mechanical device, for a violation of any provision of said sections, it shall be such officer's duty to take from such person such trade machine, slot machine or mechanical device so found in his possession at the time of his arrest and to retain the same, to abide such order concernnig the same as ma}' bo made liy the police judge. Smoke Stack, Offensive. See Misdemeanors, Sections (i.S to 70. Sod, Cutting and Removing of. Sec .Mis(!eiiieaiiors, Scclioii \'i. 426 REVISED ORDINANCES. CHAPTER LXXVIII. SPITTING (3N SIDEWALK OR PUBLIC CONVEYANCES. Spitting on sidewalks and in cars. Section 1. It is hereby declared unlawful for any person to spit or expectorate on any sidewalk upon any of the public streets of the city of Omaha, or to spit or expectorate on the floor, grating, steps or platform of any street railway car, or in any of the public conveyances used to convey passengers in the city of Onuiha. Spitting on floor of public buildings, etc. Section 2. It is hereby declared unlawful for any person to spit or expectorate on any step, floor, corridor, hallway or wall of any public building within the city of Omaha, and all persons desiring to spit or expectorate while in or about any public building shall use only the cuspidors or spittoons provided for such purpose. Penalty. Section 3. Any person who shall violate or fail to comply with any provision of any of the foregoing sections of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in any sum not less than one ($1) dollar or exceeding ten ($10) dollars, and it is hereby made and declared to be the duty of all police officers of the city of Omaha to see that the provisions of this chapter are complied, with and not violated, and to take all proper action necessary for that purpose. Cuspidors. Section 4. It is hereby made the duty of the proprietor or lessee of any pubhc building to provide the corridors and the hallways thereof with a sufficient number of spittoons or cuspidors placed at convenient places for the use of persons desiring to spit or expectorate, and it is further hereby made ^ the duty of any street car company operating street cars in the city of Omaha to post a copy of this chapter therein, or at its option to post the first section of said chapter with a brief statement of the penalty attached to the violation thereof. Stagnant Water. See Banks of Earth and Stagnant Water, Sections 4 and 5 REVISJ^D ORDINANCES. 427 CHAPTER LXXIX. STATIONARY ENGINES. Unlawful to place above first floor — Permit required. Section 1. It is hereby declared to be unlawful for any person, firm oi corporation, to locate or place any steam, gas hot-air, or other engine for the propelling of machinery: or any boiler, furnace or other apparatus for the generation of steam, hot air or otherwise, for the propelling of machinery in any build- ing or structure above the first or ground floor thereof. Hereafter no such engine or boiler shall be located or placed in any part of any building or structure without a permit, to be issued as here- inafter described. Board. Section 2. That the chief of the fire department, the boiler inspector and the superintendent of buildnigs are hereby created a board, to be known as the board for the regulation and super- vision of stationary engines and boilers, of which the said boiler inspector shall be chairman, and any two members of which shall constitute a quorum for the transaction of business. Duty of board. Section 3. It is hereby made the duty of said board, and it is hereby authorized and empowered to have and exercise super- vision over and regulation of, any and all steam, gas, hot-air, or other engines and boilers, used for the propelling of machinery, heretofore or hereafter placed in any building or structure in the city of Omaha, and in the exercise of such supervision, said board or any member thereof may at any time enter upon any premises where any such engine or engines, boiler or boilers are or may be located, for the purpose of inspecting or examining the same, or the building within which the same are placed or to be placed. If any engine or engines, boiler or boilers, have heretofore been placed upon any other than the first or ground floor of any build- ing, and said board shall upon examination judge and determine such location, placing or use to be dangerous, unsafe, or prejudicial to Hfe and property, or either, said board shall, and it is hereby duly authorized and empowered, after giving not less than five days' 428 REVISED ORDINANCES. notice in writing to the ownei-, agent, lessee or occupant of such building or the person, firm or corporation owning or using such engine or boiler so placed, cause and compel the removal of the same. Pending such removal said board shall have poAver, and it is hereby authorized, to close such building or buildings, vacate the same, and terminate all work, business or labor therein. Applications. vSection 4. Hereafter any person or persons, firm or cor- poration desiring to locate or place any steam, gas, hot-air or other engine and boiler or boilers for the propelling of machinery, shall make written application to said board for a permit so to do. Such application shall state location, size, character and style of engines and boilers proposed. Said board, or a majority thereof, shall make examination of the place, and, so far as practicable, of the engine or boiler proposed, and upon approval thereof, shall issue their permit for the placing of the same. Permits — Penalty. Section 5. All permits shall be issued in writing, over the signature of the chairman of said board. All actions of said board shall he duly recorded and preserved, and written rej^orts shall at least ciuarterly, and oftener, if required, be made to the city council. Nothing in this chapter contained shall 1)e construed to relate to electric motors or to ordinary stoves and similar heating apparatus. Any person or persons violating the provisions of this chapter or any part thereof shall, upon conviction, be fined in any sum not exceeding twenty-five ($25) dollars. Stock, Driving of, Through Streets. See l)ri\'iiii!; Stnclc. Stores, Sunday Closing of. See Misdeineauors Sections 78 and 79., IlEVISEI) OKDIXAXCF.S. 429 CHAPTER LXXX. STREETS. Dedication of streets and alleys. Section 1. All that portion of lands lying and being Avithin the limits of said city entered and patented to Jesse Lowe as mayor of said city, by the United States, also all that portion of lands entered by John McCormick, and to him patented by the United States, and by said McCormick conveyed to David D. Belden in trust, which l)v and according to the original survey of A. D. Jones, are designated as streets, alleys and levee or dock, shall be and they are hereby forever dedicated to the use of the public as such streets, alleys, and levee, under such restrictions and regulations as the city council may from time to time pre- scribe. Jefferson square. Section 2. All of that portion of lands of said city lying and being within the aforesaid entries, which by and according to the original survey of said city made by A. I). Jones, is desig- nated as Jefferson scpiare and park, shall be and the same is hereby forever dedicated to the use of the public as a public square and park, under such regulations and restrictions as the city council may from time to time prescribe; Provided, however, that nothing in this or the preceding section shall in any way relate to or affect any conveyance or disposition heretofore made of any of the aforesaid streets, allej^s, levee and park by the city council of said city, or by or through or under its direction. Cars on streets. Section M. That it shall hereafter he unlawful for any rail- road com])aiiy or the employes thereof to permit any car or engine to remain or stand upon any pubUc street of llie city of Omaha for more than five minutes at any onetinie. And any person or an officer or employe of any railroad company, who shall place any such car or engine uix)n any such public street and permit the same to stand thereon for more than fi\c minutes, as afon^said, shall be deemed guiltvof a mi.sdemeanor, and upon couvictioii thereof shall 430 REVISED ORDINANCES. l^e fined any sum not exceeding fifty ($50) dollars, and shall be sub- ject to a like fine for each five minutes said car or engine shall be permitted to stand upon said street after an arrest has been made for the first offense. Providid, that this section shall not be construed to include any street, alley or pubhc ground or any part thereof, the right-of-way over and through which has heretofore been or may hereafter be granted or released to the Union Pacific Rail- road Company, and Provided, fvrther, that it shall not apply to that portion of 6th street lying north of the north line of Pacific street and within the limits of the depot grounds of said Union Pacific Railroad Company, as granted and donated to said com- pany. And prorided, further, that the said Union Pacific Rail- road Company shall open and maintain a roadway 40 feet wide across its own ground on lot 7, in block 236, city of Omaha, from the north line of Pacific street to the south line of the alley in said block 236. This section is passed upon the express condition that said Union Pacific Railroad Company, its successors and assigns shall keep and save the eity of Omaha free and harmless from all dam- ages, costs, expenses and suits arising from the passage hereof. Obstructing streets. Section 4. It shall hereafter be unlawful for any person to obstruct any of the streets or alleys in this city, or in any man- ner interfere with the public use thereof, by making a stand in any of the streets, or by permitting any railroad car or engine, or train of cars to stand on the track within any street, or to. allow any team to stand on any crosswalk in the city; and in the use of the crosswalks persons on foot shall have the preference over teams, and any person who shall violate any of the provisions of this section, on conviction thereof, shall be fined not less than one ($1) dollar nor more than one hundred ($100) dollars. Names and numbers. Section 5. Every street in tliis city now existing, or which shall hereafter be laid out and devoted to public use, shall be designated by its proper name or number, which shall be painted on board or on tin, and the same shall be affixed to the l:)uilding, or in the absence of buildings, to the fence at or near the north- west or southwest corners of the streets at their intersection with each other. REVISED ORDINANCES. 431 System of numbering. Section 6. All the streets of said city shall be designated and numbered by hundreds. First street shall be numbered 100, Second street 200, Third street 300, and all the streets extending north and south shall be numbered continuously in the same manner to the western hmit of said city. Dodge street shall constitute the division street and be numbered 100. Capitol avenue shall be numbered 200, Davenport street 300 north, and all the streets extending east and west shall be numbered con- tinuously in a similar manner to the northern limits of said city. Douglas street shall be numbered 200 and Farnam street 300 south, and all the streets extending east and west shall be num- bered continuously in a similar manner to the southern, limit of said city. Each twenty-two feet facing the streets shall designate a number for a house. The even numbers shall be placed on the north and west sides of the streets and the odd numbers on the south and east sides of the streets. The numbers on each square will commence with "1" on the east and south sides, and ''2" on the north and west sides, which added to the num]:)er of the street shall constitute the number herein rcciuired. The city council shall make such suitable regulations in reference to the streets in the additions of said city as will make the number con- form as near as practicable with the above arrangement in the regularly laid out portion of the city as the necessities may re- quire. Numbering — Names changed. Section 7. For the purpose of securing and maintaining uniformity in the names of streets in the city of Omaha, all streets and avenues leading north and south within the city limits shall be numbered in numerical order, and all streets Ijcaring east and west shall be named. Numbering and naming streets. Section 8. All streets oi- avenues lici-eafl(M- dedicated or extended within the city limits of Omaha shall correspond in iiumber or- name with the numbers an low-water mark as deter- mined by the city engineer on the 25th day of March, 1863, viz.: Eighty-six and six-tenths feet below the door step at the sou^h entrance of the court house in said city. Every grade hereafter agreed upon for any street, alley or highway within said city, shall ])e fixed and established by ordinance of the city council, adopted after the subject of such grade has been referred to a committee and a report made thereon accompanied by a profile from actual survey by the city engineer, and all grades so fixed shall be duly established and recorded with the profiles thereof, in a suitable book to be prepared and kei)t l)y the citv engineer and entitled the ''Grade l^ook." Curb line. Section 13. That the curb fines of all streets in the city of < )nuiha that have not been heretofore curbed and paved shall b(^ re-established as follows: All streets 50 feet or less in width, and all streets lying east of 24th street, between Nicholas street and Leavenworth street diall have their curb lines located at a distance from their center lines of 3-10 width of said streets. All streets of widths varying from 50 feet to ()() fecM on wliich >treet railway tracks are laid and street cars operated r hall liave Mieir curb lines 20 feet on each side of their respecti\-e cciilcr liiu's. All streets varying from 50 feet to 66 feet in widtli, l\-ing west of 24th street, iioilh of Nicholas strc^et and south of Lea\'eii- worth street, exce])t tliosc on wliich sireet cai- lines may be located shall have their curb lines located at a nniforni distam-e u\' 15 feet on each side of t h(> centei- line of said sti'eets. 434 REVISED ORDINANCES. All streets more than 66 feet in width shall have their curb lines located at a distance from their center lines of .3-10 of the full width of said streets, except when specially designated otherwise .by ordinance, except such streets as have been or may be designated as boulevards. Gutters. Section 14. That the form, width and depth of gutters and crowns of streets, together with all specifications concerning the construction of the same, shall be determined by the city engineer in each case as such street improvements may be here- after ordered. Aprons — Permit required. Section 15. It shall be and is hereby declared unlawfid for any one to construct or to cause to be constructed in the city of Omaha any driveway or apron over curbs and gutters in the streets or avenues of the city of Omaha without a special per- mit from the city engineer. Bond. Section 16. Before any permit shall be issued the applicant to whom such permit is to issue, shall furnish a good and suffi- cient bond in the sum of one thousand ($1,000) dollars to secure the city agaiust any damages that may arise by accident or other- wise incident to such apron constructed. Permits discretionary with city engineer. Section 17. The city engineer shall have discretionary power to issue or refuse a ])ermit for such apron structure, and may re- quire in lieu of any aprons now constructed the immediate re- moval of such aprons and the construction of an open driveway of such shape and nature as shall seem to said engineer to be proper and safe. Duty of city engineer. Section 18. On all streets to be hereafter curbed and gut- tered and paved, it shall be the duty of the city engineer to notify all parties desiring driveways into their premises, to furnish him with the width and location of suc!i drivewav. The' cost of all RPWISF.D ORDINANCES. 435 such driveways in excess of the cost of the continuous gutter and curb to be charged against the lots of real estate so benefitted by their use when the levy for such work shall be made. Penalty. Section 19. Any person violating any of the provisions of the four last preceding sections, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be fined in a sum of not less than five ($5) dollars for such offense or each daj^'s continuance thereof. License for sewer work. Section 20. No person, persons or corporation shall open, uncover, or in any manner make any connection with, or lay any sewer pipe in the public streets, alleys or other grounds in the city of Omaha, or do any Avork relating thereto, or in connection with the sewer pipes of the city of Omaha, unless duly licensed therefor, and in pursuance of a pcrniit from the city engineer for said work. Applications for sewer permit— Bond. Section 21. Any competent mechanic with experience in laying drain or sewer pipes, upon application to the city council may, upon approval of his application and the payment of ten ($10) dollars for the year or unexpired part thereof, ending in all cases December 31st, receive a license to lay drain or sewer pipes, or make connection thereto; Provided, No application for such license shall be considered unless accompanied by a bond in the sum of twenty-five hundretl ($2,500) dollars, with two or more good and sufficient sureties, who shall each justify that they are worth twenty-five hundred ($2,500) dollars, over and above all debts, liabilities and exemptions, subject to the approval of the city council, to secure the city and the ])ublic against dam- ages that may arise by virtue of the carelessness or neglect of such person or corporation to properly execute or protect their work, or for any penalties that may l)e imposed under the ])rovisions of this chapter.- When two or more pcM'soiis ar(^ co-partners, license shall issue in the name of the firm or co-partnership, and no license shall l)e ti'ansferable. 436 REVISED ORDINANCES. Excavations in streets, etc. Section 22. I-"'>r the i)iirpose of paying the cost of restoring the pavement by the excavation of trenches, which may have settled after the ]iavement lias been I'elaid, it shall be the duty of each license'.! phimber and drain layer to make and maintain a deposit of fifty ($50) dollars with the city treasurer. All such money so received shall be kept and held as a special fund, to be called plumbers' maintaining fund. All charges against the same occasioned by repairs to trenches or pavements as herein con- templated, shall be certified to the city comptroller by the city engineer, who shall state the amount of the same and how caused, and the name of the plumber or drain layer responsible therefor, and thereupon the comptroller shall insert the amount of such charge or bill in any general appropriation ordinance. The city engineer shall at all times be entitled to recjuire of any plundier or drain layer coming within the provisions of this section, a certificate or statement from the city treasurer that such plumber or drain la^^er has made and is fully maintaining the the amount of the deposit herein required; anfl no permit for open- ing any street, avenue or alley shall by the city engineer or other officer who may be authori/;ed to issue the same, be granted to any phunber or drain layer who fails to comply with the require- ments of this section. Upon their retirement from business, or the cancellation of, or failure to take out a license, any plumber or drain layer shall be entitled to receive back any unexpended portion of said de- posit, the same to be inserted in any general appropriation or- dinance, upon the certificate of the city engineer to the city comp- troller as to the above facts. Special permits for excavations. Section 23. Special permits for any excavation for water, drain or sewer pipes in any street, alley or public grounds of the city, shall be issued by the city engineer to all persons or corpo- rations leaving license for such work upon application therefor as herein required. The application, with plans of all proposed connections, shall be filed in the office of the city engineer, signed by the master plumber or drain laj^ei', and the owner, agent or lessee of the premises to be improved. A record shall be kept by such master plumber or drain layer, covering full details of -uch work and a return showing such details shall be filed in the REVISED ORDINANCES. 437 office of the city engineer on or before the first day of each inonth, of all such work completed during the previous month. All such work shall be done under and in compliance with the direction of the officer in charge or the inspector assigned to supervision of such work. Applications for special permits. Section 24. All applications for special permits to make excavation in any street, alley or pulilic grounds for the laying of water service or sewer pipes, shall be assigned hj the master plumber or drain layer proposing to do such work, and by the owner, agent or lessee of the premises to be improved, and shall show the street, lot, block and house number, if any, where the proposed excavation is to be made; and if any cut or excavation is made at any point other than that described in the appHcation for the permit, the party making such application shall be liable the same as if no permit had been issued. All licensed persons or corporations maki]:ig any excavation in any street, alley or ]5ublic grounds of the city foi' water service or sewer pipes, or making repairs to same, shall leave notice at the office of the officer having the superintendence and inspection of such work, when the same will be ready for inspection, and if such excavation is in any paved street or alley, the same must not be covered up until the same has been inspected. Water pipe service. Section 25. No water pipe service or extension of any kind shall be made by any licensed person or corporation without hav- ing first obtained a permit to make such connection or extension from the city engineer and the proper water works company, and no work shall be done under such permit ])ef()r(> leaving notice at the office of the city engineer. When the plumbing in any new l)uihliiig h;is Ix'cn completed, it shall be the duty of the master ])hiinl)cr to stml off the watei' and leave it tui'ned off. All master plumbers sludl witliiii twenty-foui- houi's aflci' tlie com])letion of any water service make a com])lete cHagram of the work, showing location of all sto])-boxes and sei'Aice-pi))es and j'eturn one copy of the same to tlic city engi)ieer and one copy to the proper water works company. No water service ])ipes in any street, alley or pubHc gcoiinds of the city shall be laid less than six feet und(>r ground, and no 438 REVISED ORDINANCES. service pipe shall be put in or considered complete without a good and substantial stop and waste cock, to be placed inside the' premises where most available in case of accidents; and as further protection a good and substantial curb-cock, with iron stop- box attached near the curb line. All such boxes to be the same length as the depth of the trench, and all such boxes shall be left flush with the surface of the ground, and in no case project above the level of the sidewalk. Gas pipes — how laid. Section 26. No gas pipe shall be laid in the same trench with sewer or water pipes in any street, alley or public grounds in the city of Omaha, or nearer than three feet to any water or sewer pipes. Water or sewer pipes. Section 27. All work in connection with water or sewer pipes performed by any person or corporation shall be done under and in compliance with the direction of the officer having the superintendence or inspection of such work, and in conformity to the rules and regulations hereto attached, or such additional rules or regulations as may be adopted or approved by the mayor and city council. Violation of any of said rules or regulations or of the direction of such officer or inspector shall be cause for suspension by the city engineer of the license of tlie offender in addition to any penalty that may be imposed under any ordinance, and such suspension shall operate until restored by the city en- gineer, or overruled by the city council, nor shall such suspension give the offending party a right to a return of any money paid for license. Bursting of water pipe. Section 28. The breaking or bursting of an}' water pipe at or near any street or alley, so as to cause a leakage or flow of water into, upon or under such street or alley, shall be and hereby is declared to be a nuisance. In case of a break in or near any water service in any street, alley or public ground, so as to in any manner injure the same, it shall be the duty of the officer having charge or inspection thereof to notify the lot owner, his agent or lessee to cause the same to be repaired at once. In the event of the refusal of the lot owner, agent or lessee to repair the REVISKD ORDINANCES. . 439 same, or if such owner, agent or lessee cannot be found, then it shall be the duty of such officer to employ a licensed master plumber to turn off the water at the corporation cock and leave the same turned off, until the said lot owner, agent or lessee, or some per- son or persons representing the same, shall assume in writing all the liability incurred and damages sustained by reason of such break, and agree and bind themselves in wTiting to be and be- come responsible for the cost of repairing the same, and all thereof, before the water shall again be turned on. In case of the continued neglect and refusal of said parties, owners, agents or lessees, to repair or cause to be repaired such break or injury in the water service as is herein or hereby con- templated, the officer whose duty it is or may be to have charge of inspection thereof shall at once proceed to repair and I'eplace said break, and any and all injury or damage caused by the same, by competent workmen which he shall employ for that purpose, and on completion of such work or repair he shall render or cause to be rendered to the owner, agent or lessee, an itemized bill for such work and repair, and in case of refusal or neglect for thirty (30) days to fully pay or adjust the same, the same shall be by such officer in charge reported to the city council, and the said city council shall thereupon, by ordinance, proceed to levy a special tax against the property or properties involved, which shall be and become a lien against the same, and shall be collected as other special taxes. Gas and water pipes — Bonds. Section 29. Where gas or water pipes shall be laid or re- paired in any street, alley or public grounds of the city by the gas or water companies, such work shall be done onh^ under permits from the city engineer, who shall cause a duplicate permit to be filed with the inspectors of plumbing and sewers. The city engi- neer shall designate the location of such pipe lines and specify the time when such work shall be done; and the officer having charge or inspection of such work shall have the same power in enforc- ing the proper execution of such work and the repairing of streets, alleys, or public grounds, as is provided in case of master i)lumbers, and the agents or employes of said companies shall be liable to the same penalties for violating the provisions hereof as would be such master plumbers. All gas or water companies shall fui-nish annually, bonds in The sum of not less than fifteen thousand ($15,000) dollars, with 440 REVISED ORDINANCES. two good and sufficient sureties who justify that they are each worth the sum of fifteen thousand ($15,000) dollars over and above all debts, liabilities and exemptions, which bond shall be approved by the city council and shall be to protect and secure the city against all damages arising from any negligence in the execution of work, in the defective nature of material used in such work, or from violation of any of the provisions of any of the ordi- nances of the city. Tt shall be and hereby is made the duty of all gas companies and water companies owning,using or operating any pipe line or main in any street within any paving district now or hereafter created, upon the same being ordered paved or re-paved, and be- fore the time fixed for commencing such paving or re-paving, to cause gas and water connections to be made in front of each block abutting u])()ii that portion of the street ordered paved or re- paved, from such ])ipe line or main to a point within the curb line so as to furnish aiul provide each lot in such blocks with a sufficient supply of gas and water and in such a manner as to do away with the necessit}^ of thereafter opening or tearing up the ]3avement in tlie street to obtain such supply of gas or water. Notice of paving. Section 30. Whenever a street or alley, or part thereof, shall be or is about to be put under contract for paving or re- paving, ^the city engineer shall notify the resident property owners, agents or lessees on said street or alley, and also all water and gas companies, l^y publication or otherwise, of the purpose to pave, and that gas, water and sewer connection must be made prior to the paving or re-paving of the said street or alley. Said notice to 1)e issued at least twenty days prior to the beginning of oper- ations by the party having the work under contract for paving; said notices to state by what date the coniiections must be made and excavations completed, after expiration of wdiich time, per- mits for excavations will not be issued, until after the completion of the pavement in said street or alley and its formal and final acceptance by the proper official of the city. Rules. Section 31. The following rules and regulations are hereby adopted and api)roved, to-wit: REVISED ORDINANCES. 441 Application to make excavations. Rule 1. All applications to make excavations in the public streets, alleys or public grounds of the city of Omaha by water or gas companies shall be filed with the chairman of the board of public works, and all applications of master plumbers or drain layers shall be filed with the city engineer twenty-four (24) hours before the issuance of permits, except in the case of accidents requiring prompt attention. Sewer pipes — How laid. Rule 2. Master ])lumbers or drain layers will be recpiired to keep on hand a spirit level, in proper order, where work is be- ing done for connecting with public sewers, and their return must- show the actual depth below surface and fall per foot to which their pipes have been laid. No pipes shall be laid to connect with public sewers with a less fall than one-fourth of an inch per foot. On the combined system of sewers the trap shall be arranged under the direction of the inspector assigned on duty. Sewer connections. Rule 3. All connections with public or private sewers or cesspools must be made with the best quality of vitrified sewer pipe, laid without reducers to a uniform grade with gasket joints in cement mortar, and in good workmanlike manner. Sewer Connections — how to be made. Rule 4. All sewer pipe connections shall be by "Y's" and not "T's". Throwing rubbish into sewer unlawful. Rule 5. No one shall tlirow or deposit, or cause or permit to be thrown or deposited, in any vessel or receptacle connected with a public sewer, garbage, hair, ashes, fruit, or vegetables, peelings, refuse, rags, sticks, cinders or any other matter or thing whatever, except human excrement, urine, the necessary closet paper, liquid house-slop and elevator water. Stop-boxes. Section 32. Whenever by reason of a change of grade or otherwise any stop-box of water shall become above or below the U^vel of the sidewalk the owner of the property abbutting the 442 REVISED ORDINANCES. same shall within twenty-four hours after receiving notice from the proper officer cause the stop-box to be made flush with the sidewalk. The gas company shall, after receiving like notice, cause any stop-box for gas in any street or alley that may be above or below^ the level of the sidewalk, to be brought flush with such walk as in the case with property owners. No person, firm or corporation shall in any manner interfere with any water or gas stop-box in any street, alley or public ground of the city, without authority to do so. Permit. Section 33. It is hereby declared to be and is made unlaw- ful for any person, parties or corporations, to make any excavations, or to do any grading, or to lay pipes, construct sewers or other structures upon, under or over any street, alley or the public grounds of the city, without first obtaining a written permit therefor. License. Section 34. No person or corporation, shall do any grading or make any excavation upon the streets, alleys or other public grounds for the laying of pipes, construction of sewers or con- duits or other structures unless duly licensed therefor. Classes of license. Section 35. Licenses for the work enumerated in section 34 shall comprise two classes: Class 1 shall comprise only drain laying and sewer connection work. Class 2 shall embrace drain laying and sewer work; also all classes of pipe laying in connection with gas, water and other works together with the plumbing work in buildings. License fee. Section 36. Appficants for license must be of good repute and be qualified from practical experience for the respective classes of work for which hcense shall be asked. A fee of one ($1) dollar must be paid to the city treasurer, together with a deposit of fifty (S50) dollars as security for restoration of the street to a proper condition, before a license shall be issued to any party un- der either classification; the deposit to be drawn against by the f REVISED ORDINANCES. 443 city enginder to pay for the restoration of a street to a similar condition to that in which it existed prior to the issuance of any permit. When the whole or j)art of such deposit shall have been exhausted, the original deposit must be made good before any new permit shall be issued to such licensee. In adition to the li- cense fee and deposit herein1)efore named, every apphcation must be accompanied by a good and sufficient bond in the sum of one thousand ($1,000) dollars signed by at least two (2) sureties, to pro- tect the city against any damages that may arise by the neghgence of the licensee, and for the honest and faithful execution of work in conformity to plans and rules and regulations of the city. Such bond shall be approved by the city engineer, the mayor and city council before hcehse shall be issued. All licenses shall expire on December 31st of each year. Deposits. Section 37. The city treasurer shall keep an accurate account of license deposits, and all drafts by the city engineer against such deposits must contain the name of the contractor who performed the work, the name of the hcensee and number of permit, for the rectification of which such draft is made. Upon the expiration of the term of each hcense, or in the event of retirement from business, the treasurer shall return all balances to the credit of hcensees, conditioned upon the certifi- cation of the city engineer, that the streets upon which permits have been issued have been satisfactorily repaired. Permits — Receipts. Section 38. All permits for work upon streets or public grounds shall be issued by the city engineer; such permits shall not extend beyond the period ending December 31st of each year; all incomplete work of the year to be continued under a renewal permit of the following year. Applications for permits for sewer connections shall be accompanied with a receipt from the city treasurer in the sum of two ($2) dollars to cover the cost of setting stakes for lines and grades from the house soil pipe to the sewer, and the inspection of said work; where connections have pre^dous- ly been made from the sewer to the property line, a fee of only one ($1) dollar shall be exacted. No work in connection with sewers upon the streets, alleys or public grounds shall be begun until stakes shall have been set by the city engineering department, designating the lines of such sewer and the grade therefor. 444 R?:VISED ORDIN.iNCES. Character. »5ectioii 39. All work relating to sewer construction and connections shall be of a sul^stantial character and be conducted under the same general provisions and regulations as shall be specified in the approved printed specifications for sewer work prepared by the city engineer, and such other provisions as shall be contained in rules and regulations for such work as may be pre- pared by the city engineer and approved by the mayor and city council. Work on streets — Permit. Section 40. It is herel^y declared unlawful for any person, firm, corporation, or contractor, whether operating under a fran- chise or contract or not, to hereafter disturl) or do any work construction, reconstruction or repair, within any street, alley or public highway or sidewalk within the city of Omaha reciuiring the disturbance of the street surface or the ground beneath the surface without a permit therefor from the city engineer in pur- suance of a written application therefor, such apphcation to specify the location, extent and character of the work proposed to be done and the time when it is to be done. Application. Section 41. I'pon receipt of each application it shall be the duty of the city engineer to furnish the apphcant with an esti- mate of the cost of restoring such disturbed section of the street or sidewalk to its original condition and thereupon such applicant shall' pay to the city treasurer such estimated cost, which sum shall be deposited in the curbing, guttering and paving fund, and it shall be the duty of the treasurer to issue duplicate receipts for each of such payments, and upon the fifing of one of said re- ceipts with the city engineer he shall issue a permit for said work. Bonds. Section 42. No permit shall be issued for disturbing anj^ street, alley, w^alk, public highway or grounds to any person, firm, corporation or contractor, not holding and having a fran- chise, license or contract for which satisfactory bonds have been given to protect and hold the city harmless against their careless- ness and neglect, and otherwise do and perform all such acts as the ordinances of the city and provisions of contract require. REVISED ORDINANCES. 445 Franchise — Corporations. Section 43. The city engineer may issue such permits with- out the payment of money to the treasurer as herein provided in cases where the city has account with franchised corporations or Hcensees; but the charges for the restoration of the streets or other pubhc highways, allej^s, walks or pubhc grounds shall be certified monthly by the city engineer to the city comptroller and be by him deducted from the accounts of such parties monthly. In all cases of restoring the paved surfaces of streets, alleys, pub- lic highways or grounds, except the space between street railway tracks, svich restoration shall only be done by the city and charged at the prices hereinafter specified and where no prices are named then at the actual cost, including inspection and supervision, certified by the city engineer. The restoration of pavements embraced in maintenance contracts shall, however, be done by the contracting party obligated to maintain the pavement dur- ing the period of such obligation and the prices to oe paid shall be those designated in the paving contract. Deposit. Section 44. Whenever any street railway company or a person or firm operating a street railway within the city, shall he given a permit to do any work requiring the disturbance of any portion of any space outside of the rails of the tracks operated by them, the city engineer shall cause the repair or restoration of the paved surface outside of said tracks and the cost thereof including inspection and supervision shall be certified monthly to the city treasurer, who upon receipt of such statement shall notify the owners or managers of such street railway to deposit such amount with the city treasurer, which shall be placed in the curbing, guttering and paving fund as hereinbefore provided and no further permits shall thereinafter be issued to such street railway until such deposit shall have been made. Trenches. Section 45. ^^■hen('v(M■ ])oiniit is given for disturbing the streets, alleys or other public highways, for trenching to any cor- poration, firm or person for sewer or water connections, such trenches shall have bulk-heads ol" tainpcMl sand or tiravel not less than four i'eet long and six inches wider, three on each side, than the other j)ortion of tiie trench iit the point of junction 446 REVISED ORDINANCES. or cap. All trenches shall be well and thonighly tamped to prevent settlement and if any trench shall settle and cause the pavement laid over the same to sink on account of ne.glect to tamp such trenching, at any time within one year, if it be a trench for water, sewer or other connection and at all times in the case of gas, water or other conduits operated under a franchise, such pavement shall be restored at tlie expense of the parties to whom permit was originally issued. Post holes. Section 46. It shall be unlaAvful for any person, firm or corporation to excavate holes for posts, telegraph, telepho)ie, electric light or other poles upon the streets, alleys or walks or public highways of the city, without a permit from the city engi- neer, to be issued in the same manner and under like conditions as provided for elsewhere for paved surfaces and all pavements or walks so disturbed shall be repaired and restored to proper condition at the expense of the parties making such application. All old abandoned poles shall be taken up and the holes properly refilled and the surface replaced at the expense of the party orig- inally owning the same. The pavement over all conduits for wires and cables shall be restored by the city at the cost of the owners of same and the cost of all repaving or restoration of walks shall include the cost of inspecting the construction of such work, which nmst in each case be such as to admit of proper repaving in as good manner as if such conduits and adjuncts thereto had not been laid and constructed. Leakage. Section 47. Whenever a leakage of water or gas shall be discovered in any street, alley public highway or ground, the city engineer shall notify the water or gas company of such leakage and it shall thereupon be their duty to shut off the water or gas from siich defective pipe or conduit, and if the defect shall be found to exist in any pipe belonging to the water or gas compah}' it shall be their duty to take out a ])ermit for the necessary work and cause the immediate repair or replacement of such defect, and thereafter, as herein elsewhere piovided, the city shall restore the paved surface at the expense of the firms, corporations or persons owning said water or gas mains. If the defects shall be found to exist in pives or conduits belonging to ])atro2is of such REVISED ORDINANCES. 447 supph' mains, then the repairs shall be done by the city at the cost of said owners and no water or gas shall be turned on to such service until ordered in writing by the city engineer, which shall be only done after the cost of the repairs ami restoration of paved surface shall have been paid to the city treasurer. Valve or meter-box. Section 48. It shall be and is hereby niatle unlawful for any person corporation or firm to construct any valve or meter box or well, or any other adjunct within the street or walks of any other than permanent suitable material, such as iron, stone, brick, artificial stone or other composite stable material, and the plans thereof shall be filed in the office of and be approved by the city engineer before such construction or erection shall be permitted, and not then unless embraced in an application for a permit for such work. Schedule. Sectio]! 4'9. The following schedule of prices shall consti- tute the basis of charges for repairing of pavements and sidewalks in the city of Omaha: Concrete base, per cubic yard SS .00 Sand ] . 20 Surfaces in t[uantities of ten square yards or less: Brick, brick block or stone relaid, per square yard SO. 30 Brick, furnished and laid 1 .40 Brick block or sandstone, furnished and laid 1 .60 Asphalt, one inch thick, ]ier square yard 1 .25 Asphalt, one and one-half inches tliick, per square yard.. 1 .(iO Asphaltic concrete, per cubic yard 8 .00 Broken stone, per'ciil)ic yard 2 .50 In ([uantities for surfaces exceeding 10 square }-ar(ls and not more than 25 yards, 15 per cent discount fi-oni al)()ve; for more than 25 yards, 20 per cent discount from al)ove; all work em- braced in districts under maintenance contracts will lie done dur- ing pendancy of such contracts ])y tlic guarantoi's at llic slipulatcd prices of contract. 448 REVISED OllDINANCES. Permits, contain what. Section 50. The permits furnished l)v the city engineer shall be on cards. Each card shall be consecntiveh' numbered and shall contain the name of the party authorized to use the same, the time limits within which the same may be used and the location and nature of the work to be done, and it shall be the duty of the party procuring s\ich permit to place tlie same with the person authorized to direct and conduct the work, and it shall be the duty of every policeman who shall see an}^ work of excava- tion, erection, construction or modification or disturbance of the street to demand the exhibit of the permit card and to take a note of the numVjer thereof. He shall arrest any person engaged upon any work herein referred to if such card permit is not shown upon demand and cause the work to be stopped forthwith, and it shall be the duty of any person entrusted with the charge of work upon, under or over the streets, alleys or other highways or walks to show their permits when requested by any policeman or officer of the city authorized to supervise public work. Penalty. Section 51. Any person, company, firm or corporation who shall fail, neglect, or refuse to comply with or shall violate any of the requii'ements or provisions of the last preceding eleven sections shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not less than five nor more than one hundred dollars for each offense or shall be imprisoned for not exceeding thirty days in the city jail, or both, in the discretion of the court, and if the guilty party be a licensed drain layer or plumber, the license may be declared forfeited. Sidewalks. Section 52. It shall be unlawful for any person or corpo- ration to construct any sidewalks in the city without first having a permit therefore from the city engineer. The application for such permit shall state the kind of walk proposed to lie laid and its width, together with the name of the owner of the continvi- ous lot or grounds. The permit shall contain on its back the specifications governing the construction of the kind of walk to be built, and state the distance the outer edge of sidewalk shall be laid from the outer edge of curb line, and where no curb is set the city engineering department shall stake out the lines and grades for such walks without cost to the property owners. REVISED ORDINANCES. 449 Defacing curbing. Section 53. It shall be unlawful for any person or corpora- tion to cut or deface any curbing, or to place bridgino- over the curb into the gutter of any street. For the purpose of entrance into private grounds or build- ings only driveways will be permitted, such driveways to be con- structed onh" under permit from the city engineer and in con- formity to the approved rules governing such work. Trees. Section 54. l^^efore any trees shall be planted upon the streets, alleys or other public grounds of the city, excepting where done under the supervision of the park commissioners a permit therefor shall be obtained from the city engineer. Such permit shall be in pursuance of the approved regulations of the city engi- neer, relating to such work upon the particular street. Such per- mit shall designate the kind of trees to be planted, their respective location in reference to curb lines, and the distance they shall be apart. Permits subject to what„ Section 55. It shall be the duty of the building inspector when granting ])uil(ling permits, to issue them subject to the pro- visions of street permits from the city engineer for the storage of building materials upon the public streets. Such storage shall disconunode the public as little as possible. Under no circum- stances shall any material be allowed to be placed so as to obstruct drainage in the gutters. The ])ermit shall further provide for protection against accidents, and reciuirc red lights or other sig- nals to be placed at night by the builders or ])r()perty owners during the period of occupancy by them. Penalty. Section 56. Any jx-rson. lii-m or (•()r])oration who shall \iolate any of the provisions ()f Sections 33 to 39 inchisi\-e or 52 to 55 inclusive of this chapter or who shall refuse oi- neglect to comply with any of the provisions of said sections, sliall be deemed guilty of a misdemeanor, and u])oii (-(nuiction thereof, shall be fined in any sum nol exceeding one huii(h'ed ';!'';i()().) dollars and in addition thereto, in the disci-etion of the couit. may be imprisoned not exceeding tliiiiy (.')()) (hi\-s. 450 REVISED DKDIiWNCES. Boulevards — For light driving only. Section 57. From and after the passage and approval of this ordinance, or as soon as streets, avenues or grounds have been dedicated or dechired by the city council for use as park Avays or boulevards, they shall be used for light driving, and on and after said day it shall be unlawful to do or cause to be done any heavy hauhng on said streets, avenues or grounds, or to use the same for wagons, drays, or other vehicles carrying coal, lumber, hay, iron, machinery, ice, merchandise, farmers' produce, stone, brick, sand, dirt or earth, building materials, baggage or express matter, or other heavy merchandise, products or materials Avhatsoever, or for driving cattle, horses, mules or hogs in droves or herds, or for the passage of empty drays, wagons, trucks or vehicles not having springs: Provided however, that nothing herein contained shall be construed to restrict the right to cross at intersecting streets, the parkways or boulevards, or to use the same within and to the extent of one block for the delivery of building material, coal, baggage, merchandise, and farmers' products, at premises in the block abutting the parkway or boule- vard where so used; Provided, however, said vehicles shall not be driven thereon at a greater speed than an ordinary walk. Penalty. Section 58. Any person violating the provisions of the preceding section shall be deemed guilty of a misdemeanor, and on conviction thereon shall be fined not less than five ($5.00) dollars nor more than twenty-five ($25.00) dollars for each offense. Police — Duty of. Section 59. It shall be the duty of the pohce force of the city to enforce sections 57 to 61 both inclusive of this chapter, and to arrest all persons found violating the same. House moving. Section 60. No person shall l^e pei-mitted to move any house or building in, along or across any of said parkways or boulevards except under the following circumstances: 1st. A person having a permit from the city of Omaha to move a frame building along a street Avhich intersects a parkway or boulevard under the control of the park commissioners may obtain a permit to move the same across the said parkway or REVISED ORDINANCES. 451 boulevard upon depositing with the secretary of said park com- missioners such a sum of money not exceeding two hundred dollars in any one case, as shall be sufficient to cover all jiossible damages to the parkway or boulevard. 2nd. A person having a permit from the city of Omaha to move a frame building located on a lot which abuts upon. a park- way or boulevard under the control of the park commissioners, may obtain a permit from the secretary of said park commis- sioners to move the said house from the said lot to the nearest street corner to be thence moved upon the intersecting street, upon depositing with the secretary such a sum of money, not exceeding two hundred dollars in any one case, as the superinten- dent of parks shall estimate will fully cover all damages to the sidewalks, roadways, grass plats, lamp posts, trees and other pro- perty and improvements upon said parkway or boulevard. Said permit shall be issued only upon the express condition that said moving shall be commenced and completed between the hours of 1 and 8 a. m., and that the occupancy of said park- Avay or boulevard shall continue between said hours. After said moving shall have been completed, the roadway, grass plats, sidewalks, lamp posts," trees, and other property and improve- ments shall be returned to their former condition by the employes of the park commissioners under the supervision of the superin- tendent of parks. Said superintendent shall thereupon certify to the secretary of the park commissioners the actual expense incurred in such restoration and the secretary shall refund to the person to whom such permit shall have been issued the difference if any, between the amount deposited and the amount so certi- fied by the superintendent. Section 61. That the preceding four sections sball ai)i)ly to such parkways and boulevards, or such parts thereof, as may from time to time be designated by tlie ])ark commissioners, as said parkways or boulevards or parts thereof because improved and require said protection by the placing of notices, by said commissioners, in conspicuous places along said pai'kways or boulevards or parts thereof; such notices to be deemed suflicjenl notice to the public of the application of said four sections. Alley Grades. Section iV2. That the grades of all alleys in I he cily ol' ( )inaha not heretofore established, be and hereby are establishcil asfoUows: 452 ItKVIShD Oi;i'IN A.XCKS. Wherever or whenever the grades of the streets crossing any alley is established or shall be established, the grade of said alley shall be a straight line from the established grade of the street at one end to the established grade of the street at the other end; Provided, That the provisions of this section shall not apply to any alley, if a niajcn-ity of the property owners abbutting upon the alley petition the city council, previous to the grading of the alley, to establish the grade of said alley to a different specified grade, when the city council may establish said grade, according to the petition of said majority of the property owners. Poles in street. Sectio!! 63. It shall be unlawful for any person, or persons copartnership or corporation to set, place, or erect any poles or poles at a greater distance than six inches from the curb line, upon or in any street, avenue or ])oidevard in the city of Omaha. Any person or persons, copartnership or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than ten dollars no more than twenty dollars. Same. Section 64. It shall be unlawful for any person or persons, copartnershi]) or corporation to keep and maintain any pole or poles upon any street, avenue or l)oulevard in the city of Omaha, set or placed at a greater distance than six inches from the curb line thereof, and any person or persons, copartnership or corpo- ration failing, neglecting or refusing to remove such pole or poles for ten days after being notified so to do, shall he deemed guilty of a misdemeanor aiul upon conviction thereof shall be fined in a sum of not less than ten dollars nor more than twenty dollars, and each and every day of such failure, neglect or refusal shall be taken, held and deemed to l)e and constitute a separate offense. Railroad arc lights at intersections. Section 65. That each and every person, comi)any, or cor- poration, owning or operating a steam railway within the city of Omaha, shall be and is hereby required and it shall be the duty of said person, company, or corporation, to light his or its railway track in said eity by erecting and placing at a suitable and usual distance from the ground electric lam])s, known as arc lamps, with REVISED ORDINANCES. 453 fixtures, apparatus and electricity necessary for furnishing said lamp with nominally two thousand candle power light, and main- tain said lamp and provide such light from sunset in the evening, until sunrise in the morning of each day, at each and every inter- section of its said railway track with any street, avenue, or boule- vard in said city, Provided; that such person, company, or cor- poration, shall not be required to erect, provide, furnish and main- tain such lamp and light until the location of same shall have l:)een designated l:)y resolution of the mayor and city coimcil, which resolution may be in the following form, to- wit: "Be it Resolved by the City Council of the City of Omaha, the Mayor Concurring: That he and is hereby required and directed to erect, provide and fui- nish an electric arc light lamp at the intersection of the railway tracks of said with Street in the City of Omaha, and to maintain same in accordance with the require- ments of ordinance No of said City." City clerk notify railroad company. tSection (36. Upon the passage and approval of any reso- lution as provided in section 65 hereof, it shall be the duty of the city clerk of the city of Omaha to mail, within two days there after, a certified copy of such resolution to the person, company, or corporation whose duty it shall be, under said resolution, to erect, provide, furnish and maintain such lamp, and if any such person, company, or corporation shall refuse, fail, or neglect to comply with the requirements of such resolution, within thirty days after the passage and approval thereof, it shall be the duty of the city electrician to cause said lamp to be placed and said light to be furnished as required by said resolution, the cost and ex- pense thereof to ])e assessed against the pei'son, company, or cor- poration whose clut}^ it was to erect, provide and furnish and main- tain such lamp and light, such cost and expense to constitute a lien against any real estate belonging to said pei-s{)ii,('()mi)any, or cor))oration lying within the city of Omaha, and to be (•oliccled ill tlio same manner as taxes for general ])urposes. Street names. Section 67. Fliat the owner or owners of (iacli and every corn(U' lot abutting upon tin; interserli(jn of any two streets in the 454 REVISED ORDINANCES. city of Omaha be and hereby are required and directed to have constructed and placed in position in a conspicuous place near the corner of their said lots nearest the point of intersection of said streets signs whereon shall be painted the names of said inter- secting streets. Said signs shall be painted with black back- grounds, the names of the streets to be painted in white with let- ters two and one-half inches long. REVISED ORDINANCES. 455 CHAPTER LXXXI. STREET CARS AND STEAM CARS. BOYS JUMPING ON CARS. Boys on steam cars. Section 1. That it shall be and hereby is declared unlawful for any boys or other persons to steal or attempt to steal a ride on any cars, trains, engine or engines operated by steam in the city of Omaha, or to ride or attempt to ride on any such cars with the intent or purpose of avoiding the payment of fare to the conductor thereon, or with such intent or purpose to stand on the top or hang onto the sides or rear of any such cars, trains or engines, or in any way get upon the same. Any boy or other person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding twenty ($20) dollars. Duty of police officers. Section 2. It is hereby made the duty of the police officers of the city of Omaha to promptly arrest and detain any boy or other person violating any of the provisions of the foregoing section, and it is also hereby made the duty of the conductor of any cars, train or engines operated by steam to secure and detain any boy or other person violating any of said provisions, or to take such other action by securing the name or arrest of the of- fender as he may have time, means or opportunity to do. Boys on street cars. Section 3. That it shall be and hereby is declared unlawful for any boy or other person to steal or attempt to steal a ride on any electric motor, cable, or other street car in the city of Omaha or to ride or attempt to ride on any such car with the intent or purpose of avoiding the conductor thereon or to escape being seen by such conductor, or with such intent or purpose to stand on the steps or hang onto the sides or rear of any such car. Any boy or other person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty ($20) dollars, or 45G REVISED ORDINANCES. shall be otherwise dealt with as maj' be authorized or provided In' law for coinnhtting a misdemeanor. Duty of police officers. Section 4. It is hereby made the duty of the police officers of the city of Omaha to promptly arrest and detain any bo}^ or other person violating an}' of the provisions of the foregoing- section, and it is also herebj- made the duty of the conductor of any motor, cable or other street car to secure and detain any boy or other person violating any of said provisions, to or take such other action by securing the name or arrest of the offender as he may have time, means or opportunity to do. Persons under fifteen years. Section 5. It is hereby declared unlawful for an}^ person, under fifteen years of age, to board or alight or attempt to board or alight from any street railway car while in motion; any person violating the provisions of this section shall be punished by a fine not exceeding five ($5) dollars for each and every offense. Provided, this section shall not be construed to exempt any company owning or operating such street railway car from anj^ liability for personal injury or death which would result in case this section had not been passed. REVISED OKDINANCES, 457 CHAPTER LXXXII. STREET COMMISSIONER. Office created. Section 1. That the office of street commissioner of tlie city of Omaha be and the same is hereby created. Mayor appoints. Section 2. The street commissioner shall be appointed by the mayor and confirmed by the council. He shall hold officC; unless sooner removed, diirins; the term of the mayor appointing him. Salary. Section 3. The street commissioner shall receive a salary of two thousand ($2,000) dollars per annum, and before entering upon the duties of his office he shall give bond to the city of Omaha in the sum of three thousand ($3,000) dollars, conditioned as required by the act incorporating metropolitan cities. Commissioner appoints clerk and timekeeper. Section 4. The street commissioner shall appoint one .clerk and one timekeeper in his office and report the names of such appointees to the council for confirmation. The clerk shall perform such duties and keep such records as required by the street commissioner and shall receive a salary of fifteen hundred ($1,500) dollars per annum. The timekeeper shall keep a true and accurate account of all laborers, employes and teamsters employed by the street commissioner and the time or hours each of same are actually employed by the city. He shall keep a like report and account of all teams employed by the street commissioner in his depart- ment. The timekeeper shall receive a salary of one thousand ($1,000) dollars per annum, l^cfore entering upon the duties of their respective positions the clerk and timekeeper shall each give bond to the city of Omaha in the sum of one thousand ($1,000) dollars, conditioned as required by the act incorporating metro- politan cities. The clerk and timekeeper may be (lischai-g(Hl at any time by the mayor and counci!. 458 REVISED ORDINANCES. Commissioner's duties. Sectiuii 5. The .street commissioner, subject to the orders of the mayor and council, shall have immediate charge of all pavement cleaning and sweeping; he shall have immediate charge of all repairs of streets and alleys not paved; he shall also have charge of the construction and maintenance of such bridges, culverts and crosswalks as may be ordered by the mayor and council; he shall also keep or cause to be kept the time of all employes, laborers and teams engaged upon or in connection with the work under his direction and make out and certify monthly or of teller if reciuired, the pay roll of his department to the city comptroller for subseciuent action by the mayor and council. He shall in the event of any bridge, culvert or cross-walk becom- ing or remaining in an unsafe or dangerous condition, or in event of any washout, break or other dangerous or impassable condition of any street or alley not paved, immediately place the same in a proper and safe condition or erect and place barricades or signals by same. He shall take such measures, under the direction of the mayor and council, as shall be necessary to keep all pave- ments in a cleanly condition and to preserve and keep in order and free from filth all unpaved streets, avenues or alleys in the city of Omaha. Employees, appointment of. Section 6. He shall appoint all foremen, laborers, teamsters, or other employees and employ all teams necessary to carry out the provisions of this ordinance, subject to the extent and limit of the fund provided by the mayor and city council for such purposes. He shall present all names of employees to the city council for con- firmation. The mayor and city council shall fix the compensation to be allowed to each and every of such employees, and no em- ployment of such employees is to be made or any compensation to be allow^ed for services thereof until such appointments shall have been confirmed by the city council, and the compensation to be allowed therefore shall be fixed by the mayor and council. He shall have power and authority to suspend any employe under his supervision at any time when their services are not required, and to discharge absolutely and without notice any of such em- ployes for cause, neglect of duty, refusal to obey instructions or for other good and sufficient reasons. REVISED ordinancp:s. 459 Care for Machinery. Section 7. He shall have care and custody of all machinery, tools and materials pertaining to street cleaning and sweeping and repairing of unpaved streets and the construction and mainten- ance of bridges, culverts and crosswalks. Upon his retirement from office he shall deliver to his successor or to such other per- son who shall be designated by the city council all such machin- ery, tools, materials or other cit}' property as shall be in his pos- session, together with duplicate invoices of the same, one cop}^ of which shall be immediately filed with the city clerk. General Duties. Section 8. He shall be at all times under the direction of the mayor and city council and in addition to the powers and duties hereinbefore prescribed he shall perform anj^ and all duties imposed upon him and carry out all instructions that may be given him from time to time by ordinance or resolution of the mayor and city council. .Record. Section 9. The street commissioner shall keep a full, com- plete and classified record of the cost of all work done by him or under his direction, and the cost of the maintenance and repair and cleaning of streets, and the construction and repair of bridges, culverts and crosswalks. He shall make out a detailed report to the city engineer monthly of all work done by him in his department, showing the nature of such work and the cost of same. Streets, Lighting Railroad Intersections of. See I!aliro:uls. Streets, Names of on corner Buildings. See Buildings, Section S4 . Streets, Refuse in. See Misdemeanors, Sections 73 and 74. 460 REVISED ORDINANCES. CHAPTER LXXXIII. STREET SALES AND EXHIBTTIOXS. Permit. Section 1. It is herein^ declared unlawful for -any person or persons, firm or corporation, to maintain, or keep any exhibition, show or display, or to sell or offer for sale any wares, fruits, vege- tables, nuts, candy, pop-corn, lunch or merchandise of whatsoever kind, upon any of the sidewalks within the district described as follows: Commencing at the northwest corner of Seventeenth and Cuming streets, thence south to the northwest corner of Seventeenth and Douglas streets, thence west to the northwest corner of Nine- teenth and Douglas streets, thence to the southwest corner of Nineteenth and Harney streets, thence east to the southwest cor- ner of Seventeenth and Harney streets, thence south to the south- west corner of Seventeenth and Leavenworth streets, thence east to the southeast corner of Fifteenth and Leavenw^orth streets, thence north to the southeast corner of Fifteenth and Howard' streets, thence east to the southeast corner of Thirteenth and How^ard streets, thence north to the southeast corner of Thirteenth and Harney streets, thence east to the southeast corner of Tenth and Harne)^ streets, thence north to the northeast corner of Tenth and Dodge streets, thence west to the northeast corner of Fifteenth and Dodge streets, thence north to the northeast corner of Fifteenth and Cuming streets, thence west to the northwest corner o-f Seven- teenth and Cuming streets, without a written permit from the license inspector. Permission of property owner. Section 2. It is hereby declared unlawful for any person or persons, firm or corporation, except gardeners or farmers seUing produce raised by themselves, dealers in cigars, oysters and fish, confectioners, grocers, commission men. and other merchants hav- ing an estabhshed place of business, taking orders and delivering goods, to keep any exhibition, show or display, or to sell or offer for sale, any wares^ fruits, vegetables, nuts, candy, popcorn, lunch or merchandise of w^hatsoever kind, upon any of the streets, or alleys within the district as described in section 1 of this chapter, without permission from the owner or lessee of adjoining property. REVISED ORDINANCES. 461 Licensed wagon. Section 3. A licensed wagon, cart, or foot peddler may sell and solicit trade within said district as follows: To hotels, restaur- ants and famihes by going within the buildings and making sales or trades. Provided, That the mayor may, at any time, issue an order prohibiting all street sales and exhibitions within the district described in section 1 of this chapter. Penalty. Section 4. Any person, persons, hi-m or corporation who shall violate any of the provisions of the preceding three sections shall be deemed guilty of a misdemeanor, and upon convictoin thereof, shall be fined not more than one hundred ($100) dollars, or im- prisoned not more than thirty day;^ in jail. License. Section 5. It is hereby declared unlawful for any persons or persons, firm or corporation, to make any exhibition on the streets, alleys or pubhc grounds in the city of Omaha, or to sell or offer for sale upon any streets or alleys or from house to house, or place to place by sample or otherwise, any compound, novelty, patent ar- ticle, or jewelry, without first taking out a license, to be issued by the city clerk, upon payment to said clerk for each person so engaged the'sums following, to-\vit: For exhibiting any machine, apparatus, appliance or device of whatsoever nature, for the trial or test of skill, strength or en- durance, each day, the sum of two ($2.00) dollars. For selhng or offering for sale any compound, no\-elty. patent article or jewelry, each day the sum of two (S2) dollars. For any other exhibition or sale not specially referred to by the ordinances of the city, the sum of two ($2) dollars per day, or five ($5) dollars ])er week. Games. Section (i. It shall be unlawful for any person on ])i-ivate grounds adjacent to the streets, alleys or jjublic grounds of tiie city of Omaha, to conduct or carry on, for ])rofit any game or test of skill, by slK)oting, throwing balls oi- otherwise, oi- to (•on(hi('t or carry on for profit any riding gaUcry, merry-go-round oi- swings, without first taking out a license foi' a period of not less than one 462 REVISED ORDINANCES. week, to be issued by the city clerk, upon payment to said cle/ of the sum necessary to cover the period for which such hcense is applied for, at the rate of ten ($10) dollars per week. Street Stands. Section 7. It shall be unlawful for any i)erson to keep or maintain any stand for the sale of fruit, merchandise or other article or thing, upon any sidewalk in the city of Omaha without first ol^taining the consent of the occupant of the premises adjacent to which said stand shall be located, and without first taking out a license to be issued by the city clerk upon application to the city clerk and payment to him of the sum of twenty-four ($24) dollars for the municipal year, or twelve ($12) dollars for six months. Provided, That all licenses shall terminate either June 30th, or December 31st of each year; Provided further, that the granting of any such license shall not authorize or permit the location of any fruit stand in such man- ner or at such place as in any manner to obstruct sidewalk or to interfere with free travel thereon. HEVISEn ORPINANCES. 463 CHAPTER LXXXIV. STREET RAILWAYS. Unlawful running and stopping of cars. Secti(jn 1. It is hereljv declared unlawful for the driver, niotorman, conductor or person in immediate charge of any motor, cable, electric or horse car running on any street railway in the city of Omaha to intentionally or maliciously cause or permit such car to obstruct any crosswalk or any street in said city or to run, drive, or allow to be operated any such car at a greater rate of speed than ten miles per hour in that portion of the city bounded by Twelfth street on the east, Sixteenth street on the west, Leaven- worth street on the south and Cuming street on the north, or at a greater rate of speed than fifteen miles per hour outside of said limits herein specialty defined or when following any other street car, to approach spch other car witliin fifty feet, or to stop any such car in front of any intersecting paved street. Obstructing or interfering with cars. Section 2. It shall be unlawful for any person or persons to obstruct, delay or in an}^ manner interfere with the free passage of cars along the track of any street railway in the city of Omaha, or to allow or permit the same to be done by any team, vehicle, build- ing, or other thing under his or their charge or control ; Provided, that all fire engines, hose carts or other fire apparatus shall have the right to cross such track at any and all times, but the same shall Mot be allowed to obstruct such track any longer than is absolutely necessary. And, Provided further, that buildings and other heavy sul)stances may be mo.ved across or along said tracks at any time between 12 o'clock midnight and 6 o'clock a. m., except that when said obstruction does not exceed ten minutes, any building or otiier heavy substance may be moved across such track, provided a notice of at least two hours shall be given of such crossing to the superintendent oi' other managing officci- of the company whose track is to be ci-ossed, which said notice shall be in wi-ititig and Icfl at the principal office of said compaiiy. Refusal to pay fare Molesting driver or passengers. Section 3. It sliall be unlawful for aii}' person to cnlci' and ride ujjon an}- sti-cet cai- usc(| oi- o|)crat('(l on any street laiiway and 464 RKVTSED ORDINANCES. refuse to pay the regular fare for carrying passengers thereon, or to disturb, molest or obstruct the driver or person in charge of said car or any passenger thereon. Penalty. Section 4. Any person who shall violate any of the provi- sions of the foregoing three sections of this chapter, on conviction thereof, shall be fined in any sum not less than five ($5) dollars nor more than one hundred ($100) dollars. Cars not to cut through procession or parade. Section 5. Whenever an}- procession or parade shall desire to pass tlirough the streets of the city of Omaha, and written no- tice thereof shall have been served upon the mayor at least twenty- four hours before the hour appointed for the starting of such pro- cession or parade, stating the person or persons or association of persons managing and conducting said procession or parade, the general nature of said procession or parade and the day upon wdiich the same shall take place, said mayor shall, if he deems such pro- cession or parade of a sufficient public character, serve a written notice upon the president or other highest officer in charge of the office of any street railway company running or operating cars in the streets of Omaha, notifying said company of the proposed pro- cession or parade and of the date of its occurrence, and also notify- ing such company not to cut through such procession or parade with any car or cars owned liy said compan}'. • Penalty. Section 6. If any street car or cars owned by any company, receiving notice from the mayor of the city of Omaha as provided for in the foregoing section of this chapter, shall be driven or otherwise propelled or attempted to be driven or propelled through said procession or parade, the person or persons having immediate charge and control at the time over the car or cars so propelled shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty (S50) dollars for each offense. Duty of policemen regarding processions or parades. Section 7. It is hereby made the duty of every policeman in the city of Omaha to see that section 6 of this chapter is observed and enforced, and to file a complaiiit against any person or persons violatina; the same. REVISED ORDINANCES. 465 Permission of city engineer required for construction of car line. Section 8. No person, i)artnership, corporation or associa- tion shall enter upon any of the streets of the city of Omaha, for the construction of any street car line, cable line, or other device for the transportation of persons, without first havinji; obtained the permission of the city engineer so to do. Provided, however, that the provisions of this ordinance shall not apply to Twentieth street. Distance allowed by permits — Duty of city engineer. Section 9. Said city engineer shall in no case grant permits to any sucli person, partnership, corporation or association to con- struct any street car track, cable line, or other device, for the trans- portation of persons, in the streets, avenues alleys or parts thereof for a greater distance at any one time than the space of two blocks, and said city engineer shall prohibit any such persons, partnership, corporation, or association from entering upon or interfering with any portion of the streets and avenues of the city of Omaha for a greater distance than t-Avo blocks at one time for the purpose of constructing any such street car line, cable line, or device for the transportation of persons unless the permission of the city council is first obtained to open not to exceed four blocks on unpaved streets at any one time. Permits to allow only continuous construction. Section 10. Said city engineer shall in no case grant any such permits or allow any such construction to be entered upon or pursued, exce])t when the new track or device for the transpor- tation of persons shall be a continuance of a similar and con- necting track or device already completed and ready for o])erati()n and use. Work commenced to be completed before additional permits will be granted. Section 11. Whenevei- any such pcM-son, partnctship, coi- poration or association, after having obtained ii jx't'inil From tli(^ city engineer, shall enter upon any street, aAciiuc. oi' alley to construct any street car track, caole line, or olliei- device foi- the transportation of persons, and shall comniencc work thereon for such purpose, said pei'son, partnership, corporal ion or asso- ciation shall be limited and confined to said work so comnKMiced 466 REVISED ORDINANCES. upon such street, avenue or alley until the work thereon begun shall have been completed and made ready for use and operation. Work to be continued in active manner until completed — Duty of City Engineer. Section 12. Whenever smy person, partnership, corporation or association has entered upon any of the streets, a^•enues or alleys, or parts thereof, and begun the preparation for the con- struction of any street car line, cable line or other device for the transportation of persons, such work shall be continued in an active manner until said work shall be completed. It shall be the duty of the city engineer to see that when such work of construction shall be begun on any one block, that the same shall be carried to comj^letion without cessation of labor or unnecessary delay. Unreasonable suspension of work — Duty of City Engineer. Section 13. Whenever any person, partnership, corporation or association shall have once begun the construction of a street car hue, cable line or other device for the transportation of persons, upon any one block or blocks, on any street, avenue or alley, and shall thereafter suspend such work before the completion thereof for a period of time which may to the city engineer seem unreason- able, then it shall be the duty of said city engineer to see that such portion of uncompleted work shall l)e removed from such street, avenue, or alley, and that such street, avenue, or alle}" shall be restored to a like and in as good condition as when said work was commenced thereon. When work is not carried on continuously, further permits to be refused. Section 14. Whenever any person, partnership, corporation or association shall have obtained a permit from the city engineer for the construction of any street car line, cable line, or other device for the transportation of persons upon any one or more blocks of the streets of the city of Omaha, and shall not carry on said work continu.ously until the same shall have been completed and the street restored to good condition, then said city engineer shall thereafter refuse any further permit to any such person, partnership, corporation or association to enter upon any other portions of the streets, avenues or alleys of the city for the con- REVISED ORDINANCES. 467 struction of any such street car line, cable line, or other device for the transportation of jiersons. Penalty. Section 15. Each and every member, officer, manager, agent, or employe of any partnership, corporation or association, who shall enter upon any of the streets of this city, or cause the same to be done, for the purpose of constructing any street car line or other device for the transportation of persons, before said partnership, corporation or association shall have complied with all the provisions of the seven preceding sections of this chapter, and obtained the permit herein required, shall be guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than twenty-five ($25) dollars, nor more than one hundred (SlOO) dollars for each offense, and shall further be subject to all other forfeitures under this or other ordinances of this city, or the laws of this state. Penalty for not restoring street to good condition. Section 16. FJach and every member, officer, manager or agent of an}^ partnership, corporation or association, who, having entered upon any street for the purpose of constructing any street car or other such line, or causing the same to be done, before said partnership, corporation or association shall have obtained the permit herein required, or having lawfully entered upon said work Init failing to continue and pursue the same as herein re- (|uired, shall fail to restore said street to a like and as good con- dition as before said work was entered upon, when notified bv said engineer so to do, shall l)c guilty of a misdemeanor and u))on conviction thereof shall be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars for each offense, and shall further be sul;)ject to all othei- forfeitures and liabilities under the provisions of tliis or other ordinance's of this city, or the laws of this state. Company to pave between rails. Section 17. Tiiat whencA'cr any street is ordeixNl paxcd oi- repaved, any street railway cDinpany, jx-i'son or corpoiation having, or possessed of the I'iglit to liax'c. any track I'oi' llie street I'aihvay along, upon oi' aci'oss such street, shall at thcii- own cost. pav(! or re))ave, as the case may be, lietwec'ii the rails of aii\- and 46S REVISED ORDINANX'ES. all of the tracks, such paving or repaving to be clone at the same time and of the same material and character as the paving or repaving of the street upon wliich such tracks are located, unless other material 1)e specially ordered or authorized by the city engineer. How tracks to be constructed on paved streets. Section 18. The track of all street railways upon any street now or hereafter ordered paved, shall be located and laid to such position, line grade and curvature as the city engineer may desig- nate, and upon all such streets the ties used shall be of sound wood, not less than six inches square and laid at a distance apart of not exceeding three feet and six inches from center to center and placed upon a foundation of the same material, depth and character as required to be used by the specifications and con- tract under wliich such street is to be paved, unless otherwise specially ordered or authorized by the city engineer, and upon all such streets the rails used shall be the strap or flat rail, of such ciuality, size and form as may be satisfactory to the city engineer, and to be laid in the best approved manner. How paving to be done. Section 11). In all cases where paving between the rails of any street railway is done bj^ the person, company or corporation owning or operating the same, such paving shall be done under the supervision and to the .acceptance of the city engineer, and unless so done, such persons, company or corporation shall be required to change, alter and complete such paving in a manner satisfactory to said engineer, and, failing or neglecting so to do for the space of ten days, the city engineer shall cause said paving to be done, and the additional cost shall be assessed against the property of such person, company or corporation, used for the purpose of such street railway business. Right of city to streets— Duty of company. Section 2U. For the purpose of paving, constructing sewers, or for the purpose of making any other public improvement in the city of Omaha, its officials and contractors shall have the right to the use of any and all portions of the public streets, as well what may be occupied by street railways as other portions thereof, and it shall be and hereby is made the duty of any person, REVISED ORDINANTCES. 469 company or corporation owning or operating any street railway upon any street in the city of Omaha, after five days' notice, to thereupon immediately vacate any such portion of any street or streets as the city engineer shall deem and declare necessary for such purpose, and refusing or neglecting so to do, the street rail- way and any other property belonging or pertaining thereto in the way or obstructing the making or completion of such im- provements, shall be forthwith removed at the expense of such person, company or corporation. Penalty. Section 21. Any person or persons in any manner obstructing or resisting the city engineer, or other city officials or person acting under their direction or authority, in the removal of any track, car, rails, ties or roadbed of any street railway, declared by said city engineer in the way of making or completing any pubhc improvement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for each offense be fined in the sum of not less than ten ($10) dollars nor more than one hundred ($100) dollars or imprisoned not exceeding thirty days. Crossing tracks — Adjustment of wires. Section 22. Whenever and wherever an\'^ street railwaj^ com- pany operated by electricity does or may cross the track of any other street railway company also operated by electricity, said companies shall arrange for and adjust the crossing of the wires and hues necessary for the operation of said electric street railways in such manner as may be directed by the mayor and city council. Permits on paved streets. Section 23. The city engineer is hereby prohiljited from issuing any permit to any street railway company to lay its tracks upon any avenue, street or alley in the city of Omaha that has been paved, re-paved or macadamized except upon payment of a sum of money equal to the original cost, or proportionate part of siich original cost, of so nmch of such paving as shall be remo\ed by such street railway company in laying the track or tracks named in the application for a permit as hereinafter provided. 470 If h' VISED ORDINANCES. Amount of payments required. Section 24. The sum of money .so required to he paid shall equal the entire or proportionate part of the original cost of pave- ment so to be removed as follows, to wit: in cases of asphaltum or wood pavement, where the application for a permit is made within the calendar year that the pavement was laid, the sum of money so required to l)e ])aid shall equal the original cost; in cases of brick pavement, where the application for permit is made within one year after the pavement was laid, the sum of money so required to be paid shall equal the original cost; where the application for a permit is made after the first year and before the expiration of the second year after the pavement was laid, the sum of money so required to be paid shall equal four-fifths of the original cost. Where the application for a permit is made after the second year and before the expiration of the third year after the pavement was laid, the sum of money so required to be paid shall equal three-fifths of the original cost. Where the ap- plication for a permit is made after the third year and before the expiration of the fourth year after the paA^ement was laid, the sum of money so required to be paid shall equal two-fifths of the original cost. Where the application for a permit is made after the fourth year and before the expiration of the fifth year after the pavement was laid, the sum of money so required to be paid shall equal one-fifth of the original cost. In cases of stone pave- ment where the application for a permit is made within one year after the pavement was laid, the sum of money so required to be paid shall equal the original cost. Where the application for a permit is made after the first year and before the expiration of the second year after the pavement was laid, the sum of money so required to be paid shall equal seven-eighths of the original cost. Where the application for a permit is made after the second year, and before the expiration of the third year after the pavement was laid, the sum of money so required to be paid shall equal six-eighths of the original cost. Where the application for a permit is made after the third year and before the expiration of the fourth year after the pavement was laid, the sum of money so required to be paid shall ecjual five-eighths of the original cost. Where the application for a permit is made after the fourth year and before the expiration of the fifth year after the pavement was laid, the sum of money so required to be paid shall equal four- eighths of the original cost. Where the application for a permit REVISED ORDINANCES. 471 is made after the fifth year and before the expiration of the sixth year after the pavement was laid, the sum of money so required to be paid shall equal three-eighths of the original cost. Where the application for a permit is made after the sixth year and l)efore tlie ex])iration of the seventh year after the pavement was laid, the sum of money so required to be paid shall equal two-eighths of the original cost. Where the application for a })ermit is made after the seventh year and before the expiration of the eighth year after the pavement was laid, the sum of money so required to be paid shall equal one-eighth of the original cost. In no other cases than those before specified shall the street rail- way companies be required to make payment for paveiuent re- moved in order to ol)tain a permit to lay track or tracks. Application — Estimate by City Engineer. Section 25. Upon application Ijy any street railway com- pany for a permit to lay a track or tracks upon any avenue, street or alley in the city of Omaha that has been paved, repaved or macadamized, to the city engineer and accompanied with a statement of the kind of pavement on the avenue, street or alley over which a permit is requested to lay said track or tracks together with a statement of the original cost of such pavement per square yard, provided, such pavement come within any of the classes hereinbefore named, for which the street railway com- ])any shall l)e required to make payment in whole or in part, the city engineer shall estimate the whole or proportionate part of the original cost of such pavement so to be paid for by the street railway company according to the schedule provided in section 24 of this chapter. Amount of estimate to be paid to city treasurer. Section 26. The amount so estimated by the city engineer as provided in section 25 hereof shall by the street railway com- pany asking said permit be paid to the city treasurer, who shall issue his receipt therefor and which receipt shall be presen1(>(I to the city engineer before the granting of the permit. Duty of City Treasurer— Right of property owner. Section 27. Upon payment to the city treasurer of the amount or amounts so estimated, said ti'easurer shall, and it is hereby made his duty to credit such amount or aiiiouuts to th(^ 472 REVISED ORDINANCES. owner or owners of abutting property and the city, in proportion to the ownership of the same on the street, avenue or alley where said track or tracks are proposed to be laid, and such credit or credits so made shall entitle an}- and all property owners so abutting to a reduction of the special tax levied or to be levied against their property for the payment of their proportion of the cost of pav- ing, repaving or macadamizing on such street, avenue or alley so entered upon. The proportion of said estimate so made, and by any street railway companies paid, applicable to street intersections or other portions of streets, avenues or alleys paved, repaved or macadam- ized wholly at th(^ expense of the cit}', shall by the city treasurer be placed and kept in the fund for cleaning and repairing pave- ments, and from time to time, and in said treasurer's annual report, be so stated and accounted for. The proportion of said estimates made and by said street railway companies paid, applicable to the portions of streets, avenues or alleys other than such as are paved, repaved or ma- cadamized wholly at the expense of the city, shall by the city treasurer be placed and kept in the special district paving fund represented by such street, avenue or alley or part thereof by said street railway company entered upon. Whenever any property owner may have paid the whole of the special tax for paving or repaving charged against his prop- erty upon any street, avenue or alley by any street railway com- pany entered upon, as herein provided, prior to the granting of the permit herein contemplated, such property owner shall be entitled to receive back, through an item inserted in any general appropriation ordinance, the proportion for which he or she would have been entitled to credit, on accovmt of said special tax, had the same not been wholly paid; Provided, such item or items shall not be so inserted without direction or approval ofthe city coun- cil to that end ; Provided, also, that such item or items shall be paid out of moneys in the special district paving fund representing such streets, avenues or alleys, or parts thereof, as may have been by said street railway companies entered upon, as may have been by the city treasurer placed therein as heretofore in this section provided. When payments may be waived. Section 28. That hereafter, whenever any street railway company shall apply to the city engineer of the city of Omaha, REVISED ORDINANCES. 473 for a permit to lay its tracks upon any of the paved streets, avenues or alleys of the city of Omaha that are affected by the terms of the foregoing sections, and said application for a permit shall be accompanied by a written petition, signed by the owners of a majority of the foot frontage along the streets, avenues or alleys or such part or parts thereof as shall be covered by said application for a permit, waiving their right to have the sums of money mentioned in said sections paid, the said city enigneer is hereby authorized and required to issue said permit, (if the case shall in other respects be a proper one for the issuing of a permit) without requiring the payment of any sum of money for ]3avement, as herein required. Street Shows. See Misdemeanors, Section 22. 474 REVISED ORDINANCES. CHAPTER LXXXV. ^^TREET SPRINKLING AND OTHER REGULATIONS. Under care of Board of Fire and Police Commissioners. Section 1. That the sprinkhng of all streets, avenues, or alleys of the city of Omaha shall be done under the supervision and direction of the board of fire and police commissioners, an at such times as said board may by order or rule designate; and the water used for the purpose of street sprinkhng shall be taken only from such hydrants as said board of fire and police may designate; and said board is hereby authorized, when in their judgment such action may be necessary and proper, to prohibit the taking of water from the public fire hydrants for the purpose of street sprinkling. How sprinkling to be done. Section 2. That the apparatus used for sprinkling said streets and avenues shall throw a spray of water sufficiently large to lay the dust, and no larger, and it is hereby declared unlawful for any person, firm or corporation with a wagon sprinkler, hand sprinkler, hose or otherwise, to flood said streets or avenues, or to so excessively wet the same as to render them muddy, to the injury or inconvenience of pedestrians or to the injury or bespat- tering with mud of vehicles, or to so excessively wet any paved street or avenue as to in any manner interfere with the proper sweeping or cleaning of the same. Unlawful to wash wagons, or run water or refuse matter on paved streets. Section 3. It is hereby declared unlawful for any person to allow or permit any water or refuse matter of any kind to run or be thrown from his or her premises, whether owned or occupied, upon any paved street or alley of the city of Omaha, or into the gutter of any paved street, or to wash wagons or vehicles of any kind on any paved street or alley, or to in any manner obstruct any paved street so as to interfere with the complete or proper sweeping or cleaning thereof, or to permit or allow dirt or rubbish to accumulate in the gutters in front of the premises owned or occupied by any such person, or to convey along or across any paved RRVISKD ORDINANCES. 475 street or alley, earth, ashes, dirt, rubbish or manure, except in a wagon with tight box and end boards, or in such close or secure manner as to prevent any spilling, wasting or dropping of any >\\ch earth, ashes, dirt, rubbish or manure upon the pavement. Unlawful to mix mortar on paved streets. Section 4. It is hereby declared unlawful for any person, firm or corporation to mix, make or keep mortar or plaster upon any paved street or alley, unless in a tight, close box provided for that purpose, and unless authorized by the city engineer. Fires on streets. Section 5. It is hereby declared unlawful for any person, firm or corporation to light a fire, or to burn, or authorize or permit to be burned on any paved street or alley, any paper, wood, or other material; or to set fire to or burn any rubbish or other material upon any unpaved street, alley, lot or open ground within the distance of fifty (50) feet from any building or other structure. Penalty. Section 6. Any person, firm or corporation violating any of the foregoing provisions of this chapter, upon conviction thereof, shall be fined in any sum not less than five ($5) dollars, nor more than one hundred ($100) dollars. 476 REVISED ORDINANCES. CHAPTER LXXXVI. SUPPLIES— PURCHASE BY CITY. Supplies. Section 1. No purchase of supplies or material for any purpose shall be made by any officer or any department of the city of Omaha except upon the written order of the comptroller, and no such order shall be issued by the comptroller for the pur- chase of supplies and material exceeding in cost the sum of fift}^ ($50) dollars, except in pursuance of the terms of a contract with the city, unless specially authorized by the mayor and council. Claims for supplies, vSection 2. All claims for supplies and material furnished to the city of (Jmaha or any department of said city shall be made out in the form of a claim against the "City of Omaha," and must be endorsed with a certificate of the head of the department receiving the same, stating that the goods or material have been received, and shall also be accompanied by the comptroller's order for such supplies and material, and shall be sworn to as prescribed by the charter, and be filed with the city clerk. Clerk to register. * Section 3. It shall be the duty of the city clerk within twenty-four hours after the receipt of any claim to register the same and deposit such claim with the comptroller, who will give claims a number and enter them upon the claim register, and thereupon refer them to the heads of the proper departments or to the council, as may be deemed necessary, to he ex- amined. After said claims have been checked and approved by the departments or council upon being referred for that purpose, they shall l)e returned to the comptroller. RI^VISEI) ORDIXAN'CES. 477 CHAPTP]R LXXXVII. SUPERINTENDENT OF CITY HALL. Appointment of superintendent. Section 1. Tliat the mayor, subject to the approval of the city council, appoint a superintendent of the city hall, who shall have the, care and custody of the city hall, and whose duty it shall be to superintend the janitor service in said city hall, and see that the engines and elevators in said city hall are properly cared for, run and operated, and that the said city hall building, including all corridors and all offices, except those occupied by tlie board of education, are properly cleaned and cared for. Salary. Section 2. The superintendent of the city hall shall receive a salary at the rate of nine hundred and sixty ($960) dollars per annum, and before entering upon the duties of his office he shall execute a bond to the city of Omaha, to be approved by the mayor and council, in the sum of nine hundred ($000) dollars, conditioned as required l)y the act incorporating metro])olitan cities. Superintendent to designate various employes. Section 3. The superintendent of the city hall shall designate, and the mayor shall appoint, subject to the approval of the city council, one engineer at a salary at the rate at eighty ($80) dollars per month, one fireman at a salary at the rate of sixty- five ($65) dollars per month, one fireman and watchman at a salary at the rate of sixty ($60) dollars per month, three elevator conductors at a salary at the rate of fifty- five dollars ($55) each per month, and four janitors at a salary at the rate of fifty-five ($55) dollars each per month. The said employes shall render such service as shall be rec[uired by the superintendent of th(> city liall, or as may be required by ordinance or concurrent resolution; ai\d they shall bp under the supervision of ^aid superintendent, and shall be liable to discharge at any time by ihe su])ei-iiit( iidciit of tlie cit^' hall with the :i|)proval of the mayor and council, and may be suspended at any time, for cause, by said siijicfiniemleni . 478 REVISED ORDINANCES. CHAPTER LXXXVIII. SURVEYORS. License required. Section 1. It shall be unlawful for ain- person to be engaged in making surveys in the city of Omaha, of lots, blocks, streets, alleys, parks and allotments or additions to the city of Omaha, within its corporate limits, without first obtaining a license to carry on such survej'^s under the regulations and in the manner herein- after provided. Qualifications — Applications. Section 2. Any person who has graduated at any recognized scho'ol of engineering, or who has had three years of actual, practical experience as a surveyor, shall be entitled to a survej'or's license, upon filing an application setting forth a satisfactory exhibit of such facts with the city engineer; said city engineer shall, upon being satisfied as to the correctness of the facts set forth, sign his endorsement thereon and file the same with the city clerk. License fee — Bond — Term. Section 3. The applicant for a surveyor's license upon the approval by the city engineer of the application, shall pay to the city clerk of the city of Omaha, a license fee of ten (SlO) dollars; and file with the city clerk a good and sufficient bond in the sum of twenty-five hundred ($2,500) dollars, to be signed by himself as principal, and two responsible freeholders within Douglas county, as sureties, for the faithful and honest performance of the work entrusted to him and performed during the term of such license. All licenses shall expire on December 31st of each year. Monthly report. Section 4. During the first week of each month every li- censed surveyor shall file with the city engineer a certified copy of every addition or subdivision surveyed by him during the previous month. Penalty. Section 5. Any violation of the provisions of this chapter shall be held and constitute a misdemeanor, puni,^ha])lo upon con- REVISED ORDINANCES. 479 victlon thereof with a fine of not less than ten ($10) dollars nor more than fifty ($50) dollars for each and every offense, and a forfeiture of the license obtained thereunder. Plats by licensed surveyors only approved. Section 6. No plat of any division or subdivision of an addi- tion to the city of Omaha shall hereafter be approved by the mayor and council, nor shall any survey or plat of any street, avenue, alley, park or pulilic ground in said city be hereafter received, accepted or approved by said mayor and council, unless the same shall bo the work of a surveyor duly licensed as herein required. County surveyor excepted. Section 7. The provisions of this chapter shall not apply to the county surveyor. Suspicious Person. See Misdemeanors, Section 3. Sweepings on Streets. See .Misdemeanors, Section 24. 480 REVISED ORDINANCES. CHAPTER LXXXIX. TAXES; SET OFF AGAINST CLAIMS. Section 1. The city comptroller is hereby authorized and empowered, whenever an account or claim of any person, company or corporation against the city of Omaha is presented for allowance, to procure from the city treasurer a certificate of the amount of the delinquent personal taxes assessed and unpaid against the person, company or corporation iii whose favor the account or claim is presented, and on receipt of said certificate immediately to notify the parties interested to pay such personal tax within five (5) days, or the amount will be deducted from the claim as allowed by the city council and as herein provided. If said tax be not ])aid within the time specified or before said claim is allowed, it shall be the duty of the comptroller to place in the appropriation ordinance two items in favor of the })erson filing such claim and representing the total amount of such claim as allowed, one item being for the personal taxes and interest delinquent and due from such person, company or corporation, and one item for the balance of said claim ; and the comptroller shall deliver the warrant for the last above-named item to such persoii only when he shall receive a receipt in full for such account so allowed; said warrant for taxes shall be turned over to the city treasurer, who shall de- liver to such person the proper tax receipt, showing the payment of such delinquent personal taxes and interest for the years such taxes were levied. Tainting the Air. See Misdemeanors, Section 55. Taxes Cancelled, Comptroller give Credit for. See ("oniptroUer and Trivtsiu'er, Section lo. Teams, Leaving on Sidewalk. See Msdenieanors, Section 8S. l