CHARTER AND REVISED ORDINANCES OF THE Town of Cicero. REVISED BY F. W. PRINGLE AND H. R. PEBBLES, of the Chicago Bar. PUBLISHED BY THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE TOWN OF CICERO. 1897ôç iM JU (N 3 S"i. . 0773 TOWN OFFICERS. 1896-7 President. ------- Henry D. Pierce Town Clerk, - - - - - - - J. R. Drent Assessor, - - - - * - Sam’l D. Attridge Collector, ------- Henry H. Rearden Supervisor, - - - - - - - Chas. S. Castle Trustees, Sam’l D. Attridge Benj. F. Dare Chas. S. Castle Wm. P. Gunthorp A. J. Cheney Peter MacDonald Henry H. Rearden Town Attorney, -Town Engineer, - Superintendent of Special Assessments, Town Superintendent, Superintendent of Police, -Deputy Town Clerk Police Magistrate, - F. W. Pringle - H. A. Pot win Clair D. Vailette M. T. Goodman L. E. Hansberry James A. Martin Wm. A. Amer sonREVISERS’ PREFACE The last revision of the general ordinances of The Town of Cicero was made and published in small pamphlet form in the year 1880. Subsequent to that time many of the old ordinances were repealed or amended, and many new ones enacted. The new ordinances were often passed without any reference to prior ordinances, until, in some instances, as many as six different enactments were had upon the same subject-matter. In order to correct these conditions, the board of trustees on February 1, 1896, directed, by resolution, that the town ordinances be revised and consolidated. Pursuant to such resolution, Mr. Pringle was employed to do the work. A part of the material had been already collected by Mr. Pebbles, who was at that time town attorney. In compiling this revision, the revision of 1880 was used as a basis, and every general ordinance passed since that date has been carefully considered In nearly all cases where new ordinances were deemed necessary, the ordinances of the Town of Lake, whose charter was almost identical with that of Cicero, were closely followed. It may be of value to make a matter of permanent record here the different dates at which portions of Cicero have been annexed to the City of Chicago. The following facts concerning these annexations are taken from TIIE SEVENTEENTH ANNUAL REPORT OF THE DEPARTMENT OF PUBLIC WORKS OF the City of Chicago, published in 1892: First Annexation. The act of February 27, 18 9, provided that the territorial limits of the City of Chicago “shall be and are hereby extended as follows: * * * Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, and that part of sections 35 and 36 ylving north-west of the center line of the Illinois and Michigan Canal, all in township thirty-nine (39) north, range thirteen (13) east, shall be and are hereby added to the City of Chicago.” This territory was bounded as follows : On the east by Western avenue; on the north by north avenue, on the west b}^ 48th street, and on the south by the center line of the Illinois and Michigan Canal. The foregoing was a part of the fourth extension of the city limits of the City of Chicago Second Annexation. The act of April 29, 1889, provided that: “That part of sections 35 and 36 lying south-easterly of the center line of the Illinois and Michigan Canal, in township thirty-nine (39) north, range thirteen (13) east of the third principal meridian, in Cook County, Illinois. Also, that part of sections 3, 10, 15 and the east- three-quarters of sections 22, 27 and 34, lying north-west of the center of the Illinois and Michigan Canal, in township thirty.nine (39) north, range 13 east of 3rd P. M., etc., * * * be and the same are hereby declared to be annexed to the incorporated City of Chicago ”The boundaries of the parts taken by this act are as follows : The triangular piece bounded on the east by Western avenue, on the south by 30th street and on the north-east by the center line of the Illinois and Michigan Canal. Also that strip bounded by a line: Commencing at the center of the intersection of West 40th street and North avenue, running thence westerly on North avenue to the center line of West 48th street, thence south on the center line of West 48th street to the center line of 12th street; thence easterly on the center line of 12th street to the center line of West 46th street; thence southerly on the center line of West 46th street to 30th street; thence easterly to Western avenue; thence north on the center line of Western avenue to the place of beginning. The foregoing formed a part of the sixth extension of the city limits of the City of Chicago. " : Third Annexation. On July 15, 188b, an order was filed jn the County Court of Cook County, declaring the result of a special election held June 29, 1889, by which the following territory was annexed to the City of Chicago, namely: The east half of sections 4 and 9, in township 86 north, rijnge 13 east of third princij3al meridian, being a part of the Town of Cicero, and bounded as follows: On the east by West 48th street, on the north by North avenue, on the west by Robinson avenue (West 52d street) and on the south by Madison street. The foregoing formed part of the seventh extension of the city limits of the City of Chicago. Attention is called to the appendixes in this volume. The charter made no provision foy the office of president of the town. The trustees simply elected one of their number as their presiding officer. Appendix A gives the act providing for the election of the president, followed by such parts of the statutes as define his powers and duties. Appendix B is the sidewalk act. Appendix C gives the act requiring custodians of public funds to account for a part of the interest on their daily balances. Appendix D is the special assessment law under which nearly all of our street improvements are made, and Appendix E contain the oidinances and rules of the Cicero Water, Gas and Electric Light Company, and subsequent contracts between that company and the town relative to the water supply and rates. Some typographical errors have undoubtedly escaped notice, but none we believe which will be confusing or misleading. F. W. Pringle. H. R. Pebbles. Austin, 111., April 10, 1897.TABLE OF CONTENTS. CHARTER................................. ORDINANCES. DIVISION I. Town Organization. Chapter I. THE PRESIDENT............................ Chapter II. CLERK.................*................ Chapter 1IT. trustees; riles; order of business....... Chapter IV. LA W DEI’A RTM ENT .- .................. Chapter V. supervisor and treasurer................. Chapter VI. collector ............................... Chapter VII. commissioner of public works............. Chapter VIII. TOWN ENGINEER ........................... Chapter IX. superintendent of streets ............... Chapter X. police department........................ Chapter XI. fire department......... ............... Chapter XII. WATER WORKS DEPARTMENT................... Chapter XIIL HEALTH DEPARTMENT ....................... Chapter XIV. SPECIAL ASSESSMENT DEPARTMENT............ Chapter XV. PAGE. 1 27 28 38 89 42 44 . 50 51 53 02 07 80 93 STREET LIGHTING DEPARTMENT. 100viii Chapter XVI. POUND MASTERS................................................... 102 Chapter XVII. town officers................................................... 103 Chapter XVIII. town weighers; weights and measures; town sealer................ 107 DIVISION 11. MiSCELLANEOUS ProVISIONS. Chapter XIX. actions; arrest; trial and punishment........................ 115 Chapter XX. AMUSEMENTS .................................................. 121 Chapter XXI animals running at large..................................... 120 Chapter XXII. bicycles..................................................... 133 Chapter XXIII. billiard and pool tables..................................... 136 Chapter XXIV. bill posting; advertising.................................. 137 Chapter XXV. births and deaths............................................ 139 Chapter XXVI. BOULEVARDS AND PLEASURE DRIVEWAYS................*........... 141 Chapter XXVII. BREAD........................................................ 144 Chapter XXVIII. BUILDINGS.................................................... 146 Chapter XXIX. BUTTERINE.................................................... 151 Chapter XXX. CIGARETTES .................................................. 153 Chapter XXXI. C ONCEALED WEAPONS........................................... 154 Chap ter XXXII. CRUELTY TO ANIMALS........................................... 157 Chapter XXXIII. DEEDS AND CONTRACTS.......................................... 158IX Chapter XXXIV. DOGS ......................................................... 159 Chapter XXXV. DRAM SHOPS.................................................... 162 Chapter XXXVI. explosives................................................. 166 Chapter XXXVII. FAST DRIVING OF HORSES........................................ 169 Chapter XXXVIII. fences..................................................... 171 Chapter XXXIX. fire limits................................................... 172 Chapter XL. FIRE ARMS AND FIRE CRACKERS .................................. 175 Chapter XLI. GAME AND SONG HIRDS.......................................... 176 Chapter XLI I. GAMING ....................................................... 178 Chapter XLI II. GASOLINE...................................................... 180 Chapter XLIV. grades........................................................ 182 Chapter XLV. HIGHWAYS ..................................................... 184 Chapter XLVI HOUSE MOVING.................................................. 186 Chapter XLVII ice......................................................... 188 Chapter XLVII1. intelligence offices ......................................... 198 Chaim er XLIX. JUNK DEALERS................................................. 195 Chapter L licenses................................................. 199 Chapter LI. milk...................................................... 202 Chapter LIL misdemeanors.......... - ..................................... 215 Chapter LIII. nuisances .................................................... 228 Chapter LIV. ORDINANCES.................................................... 235X Chapter LY. plats ....................................................... 239 Chapter LYL PEDDLERS AND ITINERANT MERCHANTS...........................’.•• 241 , Chapter LVIT. plumbers, plumbing and drainage.... ......................... 244 Chapter LVIII. P< >L ICE MAGISTR ATE..................................... 261 . Chapter LIX. prison....................................................... 202 Chapter LX. RAILROADS ................................................... 263 Chapter LXL scavengers.................................................. 270 •Chapter LXII. SEWERS AND DRAINS............................................ 274 Chapter LXIII. SIDEWALKS.................................................... 282 Chapter LXIY. SIGNS, AWNINGS............................................... 285 Chapter LXY. smoke and cinders........................................... 288 Chapter LXVI. streets...................................................... 289 Chapter LXVII. STREET LAMPS................................................. 297 Chapter LXYIII. street names and house numbers.............................. 299 Chapter LXIX. STREET RAILWAYS.............................................. 303 Chapter LXX trees.......................................................... 304 Chapter LXXI. WARRANTS..................................................... 306 Chapter LXXIL REPEAL..................................................... 307XI DIVISION III. Appendixes. APPENDIX PAGE. Appendix A. president’s powers and duties.................................... 1 Appendix B. sidewalks........................................................ 6 Appendix C. INT ER EST ON P UB LIC F UNDS........... ...................... 11 Appendix D. SPEC IAL ASSESSMENTS................*.......................... 13 Appendix E CICERO WATER, GAS AND ELECTRIC LIGHT CO......................... 11CHARTER. AN ACT to Revise the Charter of the Town of Cicero, Cook County, Illinois, approved March 25th, A. D. 1869. § 1. Incorporation. § 2« Boundaries. § 3. Officers; Election; Subsequent Elections; Board of Trustees; Contested Elections; Vacancies. § 4. President and Clerk; Duties. § 5. Supervisor. § 6. Collector; Duties, powers and compensation. §. 7. Quorum; Meetings of the Board; Oath of Trustees. § 8. Appropriations; Clerk’s Statement thereof. § 9. Manner of Payment; Board to make printed report; Contracts; Voting, etc. § 10. Manner of Voting; Compensation of Trustees. § 11. Powers of the Board. (See also, Sec. 15.) First. Gambling. Second. Sale of Liquors. Third. Dram Shops. Fourth. Billiards. Fifth. Granting Licenses; License bonds. Sixth. Disorderly Conduct. Seventh. Disorderly Houses. Eighth. Abating Nuisances. Ninth. Animals at Large. Tenth. Dogs. Eleventh. Contagious Diseases. Twelfth. Streets and Highways. Thirteenth. Pounds. Fourteenth. Trees. Fifteenth. Nuisances. Sixteenth. Powder Magazines; Tanneries: Night Soil; Dead Animals. Seventeenth. Trees; Defacing Buildings. Eighteenth. Fire-arms. Nineteenth. Resisting Officers.2 CHARTER OF THE Twentieth. Dog Fights. Twenty-first. Railroads, Crossings, etc. Twenty-second. Indecent Exhibitions. Twenty-third. Vagrants-Twenty-fourth. Ordinances. Twenty-fifth. Police. (See Sec. 15 for further Powers.) § 12. Justices of the Peace; Fines and Penalties. § IB. Duties of Justices; Remitting Fines. § 14. Prisons; Refusal to pay Fines; Escapes. § 15. Powers (See Sec. 11): First. Streets. Second. Sidewalks; Sewers. § 16. Special Assessments. §17. Cost of Improvements; Commissioners. § 18. Duties of Commissioners. (See Sec. 21.) § 19. Damages and Benefits. § 20. Award for Damages. § 21. Duties of Commissioners. (See Sec. 18.) § 22. Donation of Lands. § 23. Description of Lands. § 24. Buildings on Condemned Lands; Value; Notices; Appraisement not accepted; Proceeds of sale. § 25. Clerk to Preserve Copy of Assessment. § 26. Objections; Appeal; Judgment. § 27. Condemnation of Property; Owner to be paid; Sureties required; Title to Property. § 28. Possession to be taken. § 29. Board may postpone action. § 30. Failure to Collect Assessment; Partial Collection. § 31. Completion of Assessment; Clerk to Post Notices. § 32. Insufficient Assessment. § 33. Commissioners’ Compensation. § 34.' Assessments, when confirmed; Tax Sales; Redemption; Order of Board final. § 35. Highway Commissioner’s Office abolished. § 36. Eligibility of Officers; Certificates of Election. §37. Improvements; Loans; Clerk to Record Bonds. § 38. Officers to Hold Over till Successor is Qualified. § 39. Fees of Police Magistrates and Justices of the Peace. § 40. Previous Assessments; Repeal. § 41. Act to take Effect upon its Passage.TOWN OF CICERO. 3 Approved March 25th, A. D. 1869. AN ACT TO REVISE THE CHARTER OF THE TOWN OF CICERO, COOK COUNTY. § i. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the inhabitants and residents of the Town of Cicero, in the County of Cook, and State of Illinois, be, and they are hereby, constituted a body politic and corporate, by the name and style of “The Town of Cicero,” and by that name shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure; may sue and be sued, plead and be impleaded, in all courts of law and equity, in all actions whatsoever; and purchase, receive and hold property, real and personal, within and beyond the limits of said Town, for public grounds or town purposes, for the use of the inhabitants of said town; and may sell, lease, or dispose of town property, real and personal, for the benefit of said town, and improve and protect such property, and do all things in relation thereto, as natural persons. § 2. The boundaries of said Town shall include within their limits all that district of country now known as the Town of Cicero, in the County of Cook, and State of Illinois. § 3. The officers of said Town shall consist of a Supervisor, Assessor, Collector, Town Clerk, two Justices of the Peace, and two Constables, who shall be elected at the time, and in the manner, and hold their offices for the period, and perform the duties provided by law for such officers, respectively, in other towns in Cook County, except as otherwise provided by this act; there shall also be four Trustees of said Town, and a Police Magistrate. At the next election of officers under the Township Organization Laws for town officers in said County of Cook, there shall be4 CHABTER OF THE elected, in the same manner as other town officers, four Trustees for said Town of Cicero: one for the term of one year; one for the term of two years; one for the term of three years, and one for the term of four years; and at the same time, and in the same manner, and every four years thereafter, a Police Magistrate for said Town, who shall hold his office for the term of four years. At each election in said county for town officers, subsequent to said next election, there shall be elected, in thq s^me manner as other town officers, one Trustee of said Town, who shall hold his office for the term of four years. The government and corporate powers of said Town shall, be vested in and exercised by a Board of seven Trustees, to consist of the Supervisor, Assessor, Collector, and the four Trustees to be elected as hereinafter provided. The election of town officers and Trustees may be contested, as in other cases of the contest of the election of town officers, under the Township Organization Laws. When the office of any town officer or Trustee shall become vacant, the same shall be filled for the unexpired term by appointment, by the said Board of Trustees. § 4. The said Board shall elect, from their own number, a President, who shall preside ,at the meetings of the Board, and preserve order; but the Board may, in his absence, elect a Chairman pro tern. The Town Clerk shall be the Clerk of said Board, and it shall be his duty to keep correct minutes of all their proceedings. He shall also record, in.a book to be kept for that purpose, all the ordinances, orders, or regulations passed by said Board; and also, he shall record in a separate book, to be kept for that purpose, all orders relating to special assessments, which said* records shall be open to the inspection of any inhabitants of said Town. The said Board are hereby authorized to adopt a commonTOWN OF CICERO. 5 seal, which shall be the seal of the Town; and a certified copy of any order, ordinance, or proceeding of said Board, under the hand of the Clerk and the seal of the Town, shall be evidence, in all courts and places, of the truth of the matter therein stated. § 5. The Supervisor of said Town shall be, ex-officio, the Treasurer of said Town, and he shall receive and hold all moneys belonging to the Town, arising from general or special taxes, special assessments, fines, penalties, or otherwise; and he shall, upon entering upon the duties of his office, execute a bond to the Town of Cicero, in such sum and in such sureties as shall be determined by the Board, conditioned that he will faithfully account for all moneys that may come into his hands, and will pay the same over pursuant to the provisions of law, or the order or resolutions of the Board, and that he will faithfully perform the duties of his office. It shall be his duty to keep a correct account of all moneys received and paid out by him, and, when required, to furnish from time to time to the Board a statement of the moneys in his hands; and he shall receive such compensation, as such Treasurer, as shall be allowed him by said Board, not exceeding two per cent, upon all moneys received by him. § 6. The Collector shall, upon entering upon the duties of his office, execute a bond to the Town of Cicero, in such sum and with such sureties as the Board shall determine, conditioned that he will well and truly pay over and account for all moneys that may come into his hands as Collector, to the party or parties entitled thereto, and that he will faithfully discharge the duties of his said office. Any person, corporation, county, or other body or officer, who shall be entitled to receive any such moneys, may have and maintain an action in the name of the Town of Cicero, to the use of such persons, corporations, county, or other body or officer, against the said Collector, and his sureties on said bond, to recover the amount so due. After the 1st of June, A. D. 1869,6 CHARTER OF THE the Collector of said Town shall receive two per ceht. commission on all town taxes and special assessments collected by him. No Collector of said Town shall be required to return any warrant in his hands, for the collection of any tax or assessment, before the first day of June, of each year. § 7. The majority of said Board shall constitute a quorum for business; and the said Board are authorized to make rules and regulations for their government ancl order of business, and may appoint such standing or special committees as they shall deem proper. They may hold meetings from time to time, as they shall determine by their rules, and may adjourn the same; and may hold special meetings when the President, or any two members, shall file with the Clerk a written request for a special meeting; and the Clerk shall thereupon give each member of the Board at least three days’ notice, in writing, in such manner as the Board, by its rules, shall determine. Each member of said Board shall, before entering upon the duties of his office, take an oath, in manner and form as in case of town officers, under the said Township Organization Laws. § 8. The Board of Trustees may from time to time appropriate so much money as they shall deem necessary, for the purpose of making the improvements which they are authorized by this act to make, and not herein otherwise specially provided for— and also so much money as they may deem necessary for the purpose of paying the salaries and fees of the officers of said Town, and for the carrying out of their orders, by-laws, resolutions or ordinances, and the provisions of this act—and all amounts of money so appropriated shall be deemed a tax on the taxable property of said Town. It shall be the duty of the Town Clerk to file with the Clerk of the County Court of said Cook County a certified statement ofTOWN OF CICERO. 'i the sum of money so appropriated by said Board, as aforesaid, and said Clerk of said County shall include the total amount of the sums of money so certified by him, under the head of “Town Tax” in the next general warrant issued by him for the collection of State and County taxes, in said Town of Cicero; and the same proceedings in all respects (shall be had for) the collection of the same, as is now provided by law for the collection of State and County tax; and in no other manner nor by any other vote or authority shall money be appropriated or collected, except in cases of special assessment, as hereinafter provided. § 9. No money shall be paid out by the Treasurer of said Town, unless the same shall have been ordered by the Board, and then only upon a warrant drawn on him by the Clerk, countersigned by the President, specifying what particular fund the same shall be paid out of; and it shall be the duty of the Clerk to keep an account of all such warrants drawn by him. The said Board shall, at the annual election, present to the voters a printed report, showing the amount of moneys ordered and collected, and from what sources derived, and the manner in which the same have been disbursed. No member of said Board shall be interested in any contract made with said Board or with said Town, for the purpose of making any of the improvements contemplated by this act, nor shall th« Collector be entitled to a vote in said Board on any question regarding his official bond or accounts. § 10. Upon the passage of all orders, ordinances or resolutions, appropriating or ordering the payment of money, imposing taxes, or appropriating money as aforesaid, or for special assessments, the yeas and nays shall be called and entered on the record; and the yeas and nays shall in like manner be recorded whenever called for by any member on any question before said Board. The members of said Board shall be entitled to receive the8 CHARTER OF THE sum of three dollars for each day’s attendance at the meetings of the Board, to be certified to by the Clerk; but it is hereby provided that no member of said Board shall be entitled to receive pay for more than one day’s attendance in any one week. § ii. The said Board shall have, subject to the provisions of this act, the general management and control of the finances and all the property, real, personal and mixed, belonging to the Town, and shall likewise have power within the territory aforesaid, by ordinance, regulation or by-law. First: To restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting. Second: To regulate and license the selling or giving away of any ardent spirits by any shop-keeper, grocer, trader or other person, to be drank in any shop, store, out-house, yard, or other place in said Town. Third: To license, regulate and restrain tavern-keepers, grocers and keepers of ordinaries, or victualing or other houses, gardens or other places, for selling or giving away wines or other liquors, whether ardent, vinous or fermented. Fourth: To license and regulate billiard-tables, pin-alleys, pigeon-hole tables, nine or ten-pin alleys, ball-alleys and shooting-galleries. Fifth: To authorize the President of the Board to grant licenses and direct the manner of issuing the same and the registry thereof, and the fees to be paid therefor, provided that no license be granted for more than one yeiar. Bond may be taken payable to the Town on the granting of license, for the due observance of the ordinances and regulations of the Board; provided, that no more than one hundred dollars per year shall be charged for any license granted under this act by said Board.TOWN OF CICERO. 9 Sixth: To prevent any riot or noise, disturbance or disor- derly assemblage. Seventh: To suppress and restrain disorderly houses and groceries, and houses of ill-fame, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming . Eighth: To compel the owner or occupant of any grocery or cellar, tallow chandler shop, soap-factory, tannery, or other unwholesome, nauseous house or place, to cleanse or remove or abate the same from time to time, as often as may be by said Board deemed necessary for the health, convenience and comfort of the inhabitants of said town. Ninth; To restrain, regulate or prohibit the running at large of cattle, horses or other animals, or the driving of the same upon the public highways, streets or alleys, and to authorize the distraining, impounding and sale of the same for the penalty incurred and the cost of proceedings, and also to impose penalties on the owners or drivers of any such animals for a violation of any ordinance relative thereto. Tenth. To prevent and regulate the running at large of dogs, to tax and authorize the destruction of the same when at large contrary to ordinances. Eleventh: To make regulations to prevent the introduction or spread of contagious diseases in the Town. Twelfth: To control and regulate the highways, streets, alleys and other public places, and abate any obstructions, encroachments or nuisances thereon. (See also § 15, First.) Thirteenth: To establish and regulate public pounds, appoint pound-masters and prescribe their duties and fees. Fourteenth. * To direct and regulate the planting and preserving of ornamental trees in the streets and public grounds in sad Town.10 CHARTER OF THE Fifteenth: To deliver (determine) and abate all nuisances which are or may be injurious to the public health, in any manner they may deem expedient. Sixteenth: To direct the location and management of and to regulate, restrain, prohibit or license, magazines or storehouses for the storage of gunpowder or other combustible material, breweries, tanneries, packing-houses, distilleries, slaughterhouses, butcher-shops, stock-yards, or the establishments for the steaming or rendering of lard, tallow, offal, manure, or such other substances as can or may be rendered, boiled or steamed ; and all establishments or places where any nauseous, offensive or unwholesome business may be carried on; and to regulate and to prescribe the mode and manner of the conveyance or transportation of gunpowder or other combustible material on or over the highways, streets, alleys, water-courses and railways, and public or private places of said Town. To restrain and prohibit the deposit of any night soil, dead animals, manure or other filthy or offensive or nauseous substance upon any lot, street, alley, highway or other place in said Town. Seventeenth: To restrain, prohibit, and punish for the cut- ting, destroying, marring or defacing of any shade tree or ornamental shrub or other tree, upon any street, highway or other public place; and to restrain and prohibit the defacing of any depot or other building, and to prevent the writing of bawdy or indecent words, or the making of obscene pictures on such depots or other buildings. Eighteenth: To regulate, restrain and prohibit shooting or discharge of fire-arms in said Town. Nineteenth: To punish all persons who shall resist any ofi- cer of said Town, or policeman, or other officer or agent appointed by said Board, in the discharge of his official duties.TOWN OF CICERO. 11 Twentieth: To prevent public dog-fights, bull-fights, prize- fights, or any public or private fighting, and to restrain loud or unbecoming, profane or indecent language, or disorderly conduct in said Town. Twenty-first: To require railroad companies to construct and keep in repair suitable crossings at the intersection of highways, streets and alleys, when the Board of Trustees shall deem it necessary, and to require them to keep open and in repair, ditches, drains, sewers and culverts on the sides of and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way; and to compel railroad companies to keep their standing cars, and cars not in actual use, off the public highways, streets, alleys and places. Twenty-second: To prohibit any indecent exhibition of horses or other animals. Twenty-third: To restrain and punish vagrants, mendi- cants, street beggars and prostitutes. Twenty-fourth: To make, publish, ordain, amend and re- peal all such ordinances, orders, by-laws, police and health regulations for the good government of the Town and the public health as may be deemed by said Board necessary and expedient to carry into effect the powers vested in said Board, or any officer of said Town, or officer or agent of said Board, and to enforce observance of the same by fine or imprisonment, in the discretion of the magistrate or court before which conviction may be had, provided such fine shall not exceed one hundred dollars, nor such imprisonment thirty days. Twenty-fifth: To appoint watchmen and policemen and prescribe their duties and powers. § 12. The Police Magistrate and any Justice of the Peace in said Town shall have jurisdiction of any offense committed under this act, or the rules, by-laws or ordinances of said Board,12 CHARTER OF THE and change of venue and appeals may be taken as in other cases. All fines and penalties when collected shall be paid to the Treasurer of said Town. § 13. It shall be the duty of any Justice of the Peace or Police Magistrate in said Town, and he is hereby authorized and empowered, on view or upon complaint being made to him upon oath of the violation of any ordinances, by-laws or police regulation of said Town, to issue his warrant in the corporate name of the Town, directed to any constable, policeman or authorized person to apprehend the offender or offenders, and bring him or them before him forthwith, and after hearing the evidence, if it shall appear that the accused has been guilty of any violation of any such ordinance, by-law or regulation, to impose such fine or imprisonment as may be provided in such ordinance, by-law or regulation. Any fine or penalty may be remitted, or any person imprisoned may be discharged by a vote of the Board of Trustees. § 14. The Board of Trustees are hereby authorized to provide some safe place for the imprisonment of such persons as shall have been convicted and sentenced to imprisonment, and appoint a keeper thereof. Any such person or persons so convicted shall be confined therein for the period fixed by such sentence, unless sooner discharged. And every person or persons who shall have been fined in any sum, and who shall neglect or refuse to pay the same, shall stand committed and be imprisoned as aforesaid until such fine is paid; provided, that for each and every day such person or persons shall be so imprisoned the sum of two dollars shall be remitted from the fine. Any person escaping from such imprisonment may be arrested by any policeman, constable or other officer, without process, and be returned to prison, and the time during which such pris-TOWN OF CICERO. 13 oner was absent shall not be taken as a part of the time for which he was sentenced. § 15. The said Board of Trustees shall have power from time to time: First: To open and lay out any new street, alley or highway, and to cause any street, alley or highway to be altered, widened, extended, laid out, vacated, bridged, graded, macadamized, paved, planked, clayed, graveled, or otherwise improved, and to keep the same in repair. (See §11, T Twelfth.) Second: To cause sidewalks, cross-walks, main-drains and sewers, private drains and aqueducts to be constructed and laid, re-laid, cleansed and repaired, and to connect them or any of them with any drain or sewer running through any other town, on paying a reasonable compensation therefor, and to regulate the same. § 16. The Board of Trustees shall also have power, in pursuance of the provisions of this act, to levy and collect special assessments upon any land in said Town, for any of the improvements contemplated by this act, or the same may be paid for out of the general town money, or a portion of the expense paid out of the general town money, and a portion paid by special assessments, as may be determined upon by the Board of Trustees. § 17. Whenever the Board of Trustees of said Town shall order any improvement, or any part of the cost of which is to be paid by special assessment, they shall determine what part or portion of the cost and expense of the improvement shall be paid by special assessment, and what part or proportion (if any) of such cost and expense shall be paid out of the public fund or treasury of the said Town. The Board of Trustees shall by ballot elect two of their number, who, with the Town Assessor, shall constitute the commissioners to make such assessment. The Commissioners, before entering upon the duties of their office, shall make oath before the14 CHARTER OF THE Town Clerk, or some officer authorized to administer oaths, that they will faithfully and impartially make such assessment according to the best of their ability. § 18. The Commissioners, in all cases of special assessments, shall give six days’ notice, by posting up notices in three of the most public places in said Town of Cicero, of the time and place of making such assessment, to all persons interested, and they may, if necessary, adjourn from day to day. The Commissioners shall, in cases where no land is to be condemned or appropriated, assess the amount directed by said Board of Trustees so to be assessed upon the real estate by them deemed benefited by such improvement, in proportion to1 the special benefit resulting thereto', as nearly as may be; and briefly describe, in the assess-ment roll to be made by them, the real estate upon which the assessment is made. (See § 21.) § 19. Whenever any order is passed by the Board of Trustees for the making of any public improvement which shall require the condemnation or appropriation of any land or real estate, the Commissioners shall proceed to ascertain and assess the damages and recompense due the owners of said lands, respectively, and at the same time to determine what real estate will be benefited by such improvement, and assess the damages, together with costs of the proceeding, on the real estate by them deemed benefited, in proportion, as nearly as may be, to the special benefit resulting to each separate lot or parcel ; and the assessment shall cover only the damage for the real estate appropriated and the costs of the proceedings. § 20. The Commissioners, in making the assessment, shall determine or appraise to the owner or owners the value of the real estate appropriated for the improvement and the injuries arising to them respectively from the condemnation thereof, which shall be awarded to such owners respectively as damages, afterTOWN OF CICERO. 15 making due allowance therefrom for any benefit which such owners may respectively derive from such improvement. § 21. If the damage to any person be greater than the benefit received, or if the benefit be greater than the damage, in either case the Commissioners shall strike a balance and carry the difference forward to another column, to be designated as “net bene-* fits,” or “net damages,” as the case may be, so that the assessment may show what amount is to be received or paid by such owners respectively; and the difference only shall in any case be collected of them or paid to them. (See § 18.) § 22. In the assessment of damages and benefits it shall be lawful for the Commissioners, in their discretion, in making such assessment, where part of the land to be appropriated has been theretofore donated for such improvement by any person or persons, to appraise the value of the land so donated, and to apply the value thereof, so far as the amount so appraised shall go, as an offset to the benefits assessed against the piece or parcel of land from which such donation was made; but nothing herein contained shall authorize the owner or owners of any such piece or parcel of land from which such saidJ donation was made to claim from the town the amount of such appraisal, except as an offset as herein provided. And where the assessment is one for the widening of any street or alley which may have been theretofore, either in whole or in part, donated to the public by the proprietors of the adjoining land, it shall be lawful for said Commissioners, in their discretion, to take such fact into consideration in their assessment of benefits. § 23. Having ascertained the damages and expenses of such improvement, as aforesaid, the Commissioners shall thereupon apportion and assess the part or proportion of the cost and expense of said improvement directed by said Board, to be assessed upon the real estate by them deemed benefited, in proportion to16 CHARTER OF THE the benefits resulting thereto from the improvement, as nearly as may be, and shall briefly describe the real estate upon which their assessments may be made. § 24. If there should be any building standing, in whole or in part, upon the land to be taken, the Commissioners shall add to their estimate of damages for the land, the damages also for the building or part of building necessary to be taken, if it be the property of the owner of the land. When owned by any other person the damages for the building shall be assessed separately. The value of such building to the owner to remove, or of the part thereof necessary to be taken, shall also be determined by the Commissioners, and notice of such determination shall be given by them to the owner when known, if a resident of the Town, or left at his usual place of business or abode. If the owner is not known, or is a non-resident, notice to all persons interested shall be given by the Commissioners, by posting up notices in three public places in the Town for six days. Such owner may, at any time within ten days after service or after the first day such notice shall be posted, notify the said Commissioners, in writing, of his election to take such building or part of building at their appraisal, and in such case the amount of said appraisal shall be deducted by the Commissioners from the estimated damages for the land and building where they belong to the same owner, and from the estimated damage to the building where they belong to different owners; and the owners shall have such time for the removal of the building after the confirmation of the assessment as the Board of Trustees may allow. If the owner shall refuse to take the building at the appraisal, and fail to give notice of his election, as aforesaid within the time prescribed, then no deduction shall be made from the estimated damages aforesaid, and the Board of Trustees shall, after the confirmation of the assessment, and after the money is collected orTOWN OF CICERO. 17 otherwise provided and in the hands of the Treasurer, to be paid over to the owner for his damages, proceed to sell such building or part of building at public auction, for cash, giving at least ten days’ notice of such sale, by posting notices in three of the public places in said Town, and cause such building to be forthwith removed. The proceeds of sucji sale shall be paid into the Town treasury, to the credit of the special assessment fund for the said improvement. § 25. When any assessment requiring the condemnation or appropriation of land shall have been confirmed, the Town Clerk shall preserve a copy thereof in his office, which copy shall be evidence of the amount due the several owners of land or real estate to whom damages have been awarded. § 26. Any person \yhose property has been appropriated and who has filed objections to said assessment, as hereinafter provided, shall have the right at any time within ten days after the confirmation of the same, and not after that time, having first given notice in writing of his or her intention so to do, to the Town Qerk, specifying in such notice the court to which the appeal is to be taken, to pray an appeal to any court of general jurisdiction in Cook County, from the order of the Board confirming such assessment, upon filing a bond approved by any judge of the court to which the appeal is taken, conditioned to save the Town harmless from all damages by the taking of such appeal. In case of appeal, a copy of the assessment roll, as confirmed by the Board, and of the objections to the final order confirming the same, shall be filed in the office of the Qerk of the Court to which such appeal be taken, and the cause shall be docketed by said Clerk in the name of the person taking such appeal against the Town of Cicero, as an “appeal from assessment.” The said cause shall be then at issue, and shall have the preference in order18 CHARTER OF THE of trial over all civil causes pending in said Court. Such appeal shall be tried by the Court, and on such trial the only questions to be passed upon shall be whether the Board had jurisdiction in the case, and whether the valuation and assessment, so far as it affects said property, is a fair and impartial assessment. The judgment of the Court shall be either to confirm or annul the assessment, from which judgment no appeal or writ of error shall lie. § 27. When any special assessment, requiring the condemnation of property, shall have been confirmed by the Board and no appeal taken therefrom, or if an appeal shall have been taken when judgment to confirm the assessment shall have been rendered thereon, the same shall be a lawful and sufficient condemnation of the land or property ordered to be appropriated. The Board of Trustees shall thereupon cause to be paid to the owner of such property, or to his agent, the amount of damages over and above all benefits which may have been awarded therefor, as soon as a sufficient amount of the assessment shall have been collected for that purpose; but the claimant shall in all cases furnish an abstract of title, showing himself entitled to the damages before the same shall be paid. If in any case there shall be any doubt as to who is entitled to the damages for the land taken, the Board may require of the claimant a bond, with good and sufficient sureties, to hold the Town harmless from the repayment of such damages and all costs and expenses in case any other person should claim such damages. Tn all cases the title to the land taken and condemned, in manner aforesaid, shall be vested absolutely in the Town in fee simple. § 28. As soon as the money is collected and ready in the hands of the Treasurer to be paid over to parties entitled to damages for property condemned, the Town may then, and not before,TOWN OF CICERO. IV enter upon, take possession of, and appropriate the property condemned. 1 § 29. Whenever any special assessment shall come before the Board for confirmation, pursuant to the notice required by law to be given by the Town Clerk, and the same shall not, for any reason, be acted upon at the time specified, no new notice shall be required by the Clerk, but such assessment shall stand over as unfinished business, to be disposed of at such time as the Board shall determine. § 30. If from any cause the Town shall fail to collect the whole or any portion of any special assessment which may be levied, and which shall not have been cancelled or set aside by competent authority, the Board of Trustees may at any time within three years after the confirmation of the original assessment, direct a new assessment to be made upon the delinquent property for the amount of such deficiency, which assessment shall be made, as near as may be, in the manner prescribed for the assessment; and it is hereby provided, that no such new assessment shall be invalid by reason of any illegality, matter or thing connected with the original assessment. In all cases where partial payment shall have been made on such former assessment they shall be credited or allowed on the new assessments to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment shall prove ineffectual, either in whole or in part, the Board, at any time within the said period of three years, may order a third, and- so on, to be levied in the same manner and for the same purpose. And it shall constitute no legal objection to such re-assessments that the property may have changed hands or been incumbered, it being the true intent and meaning of this section to make the cost and expense of all public improvements to be paid for by special assessments a charge and lien20 CHARTER OF THE upon the property assessed therefor for the full period of three years from the confirmation of the original assessment, and for such longer period as may be required to collect in due course of law any new assessment ordered by the Board of Trustees within that period. § 31. When the Commissioners shall have completed any assessment they shall deliver the same to the Town Clerk of said Town of Cicero, within forty days after the ordering of such improvement by the Board, signed by the Commissioners. The Town Clerk shall thereupon file the same in his office, and cause notices to be posted up in three of the most public places of said Town of Cicero for the space of six days, to all persons interested, of the completion of the assessment and the filing of the roll. Time and place shall be designated therein for hearing objections. Objections shall be heard before the Board, but all parties objecting shall in all cases file their objections in writing in the office of the Town Clerk, at least one day prior to the meeting of the Board designated in the Clerk’s notice. The Board of Trustees may adjourn such hearing from day to day, and shall have power, in their discretion, to confirm or correct the assessment, or to order a new one. All assessments when confirmed, shall be final and conclusive on all parties interested, unless an appeal be taken as hereinbefore provided, and they shall be collected as hereinafter provided. § 32. If the first assessment prove insufficient, another may be made in the same manner; or if too large a sum shall at any time be raised, the excess shall be refunded rateablv to those by whom it was paid. § 33. The Commissioners shall be allowed three dollars per day for each day of actual service, which, together with all other actual expenses in relation to any assessment made in pursuance of this act, shall be deemed part of the expenses of the ^ improvement, and included therein.TOWN OF CICERO. 21 § 34. When any special assessment shall have been confirmed by the Board of Trustees, and no appeal has been taken, it shall be the duty of the Town Clerk to file the same in the office of the Clerk of the County Court of said County of Cook; and it shall be the duty of the said Clerk of the County Court, in the warrant next thereafter to be issued for the collection of State and County taxes, levied upon the real estate of said Town of Cicero, to set down in a column for that purpose provided, opposite the several lots, pieces or parcels of real estate upon which assessments have been made for benefits, as hereinbefore provided, the amounts of said assessments respectively, and it shall thereupon be the duty of the Collector of Taxes for the State and County, to collect the said assessments and enforce the payment thereof, in the same manner, and with all the rights, powers and authority that he has to collect State and County Taxes; and he shall pay the same over to the officer entitled to receive the Town Tax, at the same time that he is required to pay over the County revenue, and the proper court of said County shall render judgment against and order the sale of any lot, piece or parcel of real estate for the non-payment of the said assessments and costs, in the same manner as is or may be provided for State and County Taxes; and judgment shall be rendered for the aggregate amount for County, State and other Taxes, and the assessments aforesaid. The sale shall be conducted upon the same notice and judgment, and in the same manner as is or may be provided by law for the sale for State and County Taxes. The right of redemption shall exist and be exercised in the same manner, and deeds for property sold for any special assessments levied under this act shall be executed by the same persons, and shall have the same effect as evidence as deeds executed in pursuance of the laws now in force, or hereafter to be enacted, providing for the collection of State and County Taxes in Counties adopting the township organization.22 CHARTER OF THE In all special assessments, except those wherein real estate is sought to be condemned or appropriated to public uses, the order of confirmation of such assessment by said Board shall be final and conclusive upon all persons interested, and no appeal shall be allowed from such order of confirmation; and nothing in this act shall be so construed as to permit an appeal from the order of confirmation of any special assessment, except in cases where land is sought to be appropriated or condemned. No writ of certiorari shall issue in any matter of special assessment, except the same issue within thirty days after the confirmation of the assessment. § 35. The office of Highway Commissioner for said Town is hereby abolished, and all the power, rights, duties and authorities heretofore pertaining to Highway Commissioners of said Town, under the Township Organization Law, not inconsistent with the provisions of this act, are hereby transferred to and vested in said Board of Trustees. § 36. No person shall be eligible to the office of Trustee of said Town who is not a legal voter of said Town, or who is a Trustee of any other town or municipal corporation. At the first election of Trustees hereby provided for, no ballot shall be counted for Trustees which shall not designate the term or number of years for which the person so voted for as Trustee shall serve. The Clerk of the County Court shall issue certificates of election to the Trustees and Police Magistrates elected under this act. § 37. The said Board of Trustees may cause any improvement authorized by this act to be made before or at the same time that proceedings may be in progress under this act for the levy and collection of the special assessment for the making of such improvement.TOWN OF CICERO. 23 And for the purpose of making such improvement may borrow money not to exceed the cost and expense of such improvement as estimated by the Board of Trustees, at a rate of interest not to exceed ten per cent, per annum and for a term not to exceed three years—and pledge the faith and credit of said Town therefor by the issuing of bonds in the name of said Town for the repayment of such money and interest, which bonds shall be signed by the President of such Board and countersigned by the Town Clerk. It shall be the duty of the said Town Clerk to keep a copy of all such bonds in the book of records, in which shall be kept the orders or ordinances for the making of special assessments; and the sum or sums of money so borrowed shall be placed in the Town treasury to the credit of the improvement for the making of which the same was borrowed—and shall not be drawn out or used for any other purpose whatsoever than the payment of the cost and expenses of such improvement. § 38. All officers elected under the provisions of this act shall hold their offices until their successors shall be elected and qualified; and the present officers of said Town shall hold their offices until the first election of officers of said Town under this act, as hereinbefore provided; and until such officers so elected shall have qualified; and the present Board of Trustees of said Town shall have all the power given the Board of Trustees under this act, and the other Town officers shall have all the power and authority conferred on their successors by this act. § 39. The Police Magistrate elected under the provisions of this act shall take the same oath of office, and shall have all the power and authority, and shall receive like fees and emoluments as any Justice of the Peace of said Town, as provided by the laws of this State, general or special. The Police Magistrate and Justices of the Peace of said Town shall receive the same fees for all process issued by them, and services performed under24 CHARTER OF THE the provisions of this act, that they receive for issuing process and performing services of like nature under the general law of this State. § 40. No special assessment which has been made or which is now in process of being made shall be invalidated by this act; but all special assessments which have been levied or are now in process of being levied under the present charter of said Town, shall be carried to a final completion of such levy, and the moneys for which the same are or may be levied shall be collected as now prescribed in the charter of the said Town, or under the provisions of this act, so far as the same may be applicable. All acts or parts of acts of the General Assembly of this State inconsistent herewith are hereby repealed; but all the acts of the Town officers of said Town which were lawful for them to do shall not be invalidated by this act. § 41. This act shall be a public act, and take effect from and after its passage.ORDINANCES. DIVISION I. TOWN ORGANIZATION.AN ORDINANCE for revising and consolidating the General Ordinances of the Town of Cicero. Whereas it is expedient that • the General Ordinances of the Town of Cicero should be revised, compiled and arranged in appropriate chapters, articles and sections—that omissions should be supplied and defects amended; Therefore, Be it ordained by the Board of Trustees of the Town of Cicero in manner following:TOWN OF CICEEO. 27 CHAPTER I. THE PRESIDENT. 1. § 1. Powers and Duties. 2. § 2. Legal Proceedings. 1. § i. That the President shall perform the duties and exercise the powers conferred by the laws of this state upon the President of an incorporated town,, and such other acts and duties as may be prescribed by ordinance. He shall be President of the Town of Cicero, and President of the Board of Trustees, and shall preside at all meetings of said Board, but he shall not vote except in case of a tie, when he shal lgive the casting vote. (See Appendix “A.”) 2. § 2. That the President be, and is hereby authorized to sign in behalf of the Town, and as its agent, all instruments necessary to the prompt prosecution or defense of any or all actions brought by or against said Town, including bonds for injunction.28 ORDINANCES OF THE CHAPTER II. CLERK. 3. § 1. Office; Seal; Duties; Accounts; Sidewalk Ordinances; Licenses; Correspondence; Bonds. 4. § 2. Ordinances—when and where recorded; Publication; Certified Copy, Evidence; Originals filed. 5. § 8. Warrants; Clerk’s stub; Treasurer’s stub; Forms. 6. § 4. Tax Levy Ordinance to be filed with County Clerk. 7. § 5. Care of Documents. 8. § 6. Salary; Fees; Payments to Treasurer; Report to Board of Trustees. 9. § 7. Free access to Books and Records. 3. § 1. The Clerk shall keep his office at the Town Hall. He shall keep in his custody the corporate seal, and affix the same to all papers which shall require it. He shall also be required to act as Town accountant, and keep just and regular books of account in relation to the various funds under the charge and control of the said' Board of Trustees, so that at each meeting of the Board, he shall be able to show how much money is expended in each fund. He shall also prepare all ordinances and other documents in relation to> the construction of sidewalks, as provided by an act of the General Assembly of the State of Illinois entitled “An Act to Provide Additional Means for the Construction of Sidewalks in Cities, Towns and Villages,” approved April 15th, 1875, and all amendments thereto. (See Appendix “B.”) He shall also sign and issue all licenses and permits in compliance with the ordinances of the Town, or as ordered by the Board of Trustees or other proper officer of the Town, and collect the fees therefor. He shall conduct the general correspondence of theTOWN OF CICERO. 29 Town, and; issue all notices required. He shall sign, seal and number all bonds issued by the Town, and keep a true and correct account of the same, and do and perform all the clerical work of the Town required of him from time to time by the Board of Trustees of the Town. 4. § 2. All ordinances passed by the Board of Trustees shall be recorded by the Clerk in a book to be kept for that purpose, before the next regular meeting after their passage. If the ordinance requires publication, he shall cause the same to be duly published. The Clerk shall note at the foot of the record of each ordinance a memorandum of the date of its passage, and the date of its approval (if approved) by the President, and if published', the date of the^publication of such ordinance, which record and memorandum, or certified copy thereof, shall be prima facie evidence of the passage and legal publication of such ordinance for all purposes whatever. They shall be filed in the office of said Clerk, and a certificate of publication attached to ordinances requiring publication. 5. § 3. It shall be the duty of the Clerk to prepare and issue all warrants authorized or ordered by the Board of Trustees of the Town, and there shall be attached to the warrant two stubs, one of which, styled the Clerk’s stub, shall remain attached to the warrant book; the other stub-, styled the Treasurer’s stub, shall be detached and sent to the Treasurer the day the warrant is issued. Before the warrant is detached, these stubs shall be filled out, completely showing all the details of the warrant. The warrant and stubs shall be substantially in the following form:co o No....... $. To . For From Appr'n for. 18g Treasurer’s Stub. • No........... $. Austin,..........i8q. To . For. From Appr’n for.....Fund For the year............. No..... COOK COUNTY, ILLINOIS. 'Town of Gicfro, Treasurer, Town of Cicero: Clerk’s Office, Austin,.............189.... Pay to................................................the sum of ........Dollars» 100 out of the Appropriation for the...................................Fund only and charge same to Appropriation for said Fund. I hereby certify that the above bill was ordered paid by the Board of Trustees of the Town of Cicero. x" Signed, Countersigned, Town Clerk. President of the Town of Cicero. ORDINANCES OF THETOWN OF CICERO. 31 6. § 4. It shall be the duty of the Town Clerk on or before the second Tuesday in August in each year, to file with the County Clerk of Cook County, Illinois, a certified copy of an ordinance in which the total amount of appropriations for all corporate purposes of the Town of Cicero, legally made, are levied and assessed. (Sec. 122, Chap. 120, Revenue Act, Revised Statutes of Illinois, 1895.) 7. § 5. It shall be the duty of the Clerk to number, docket and file in regular order, all official documents coming into his custody and control as such officer, indexing the same in such a manner that they can be readily referred to at all times. 8. § 6. For the faithful performance of all duties required of the Town Clerk by the statutes of the state and charter of the Town, and in lieu of all fees and compensation allowed him by the statutes of the state and the charter of the Town, and as full compensation for all services required or imposed by any or all laws, and also as full compensation for all additional duties imposed or services required by any such statutes and charter, and the ordinances of the said Town, shall be allowed and paid the sum of Two Thousand Dollars per annum, to be paid in equal monthly installments. The said Town Clerk shall pay into the Treasury of the Town all such fees collected by him, and also all fees and compensation paid to him by any person for his services as such Town Clerk for certified copies of documents, or otherwise, or in discharge of any of the duties hereinbefore mentioned, upon the date of each regular meeting of the Board of Trustees, and he shall make such payment to the Town Treasurer of such fees and all other moneys of the Town received or collected by him. The said Town Qerk shall also report to the Board of Trustees at each regular meeting, the amount of all such moneys received and turned over by him;, showing by whom and for what purpose the respective amounts were paid to him.32 ORDINANCES OF THE 9. § 7. All Trustees and other Officers of the Town, shall have free access at all reasonable hours of each business day to all the books, records and papers of the Town, and pertaining to the business of the Town.TOWN OF CICERO. 33 CHAPTER III. TRUSTEES. RULES. ORDER OF BUSINESS. 10. § 1. No obligation to be incurred by Trustee—exception. 11. § 2. Bills, how presented and audited. 12. § 3. Order of Business and Rules. Rule 1. Meetings, regular and special. Rule 2. Order of business. Rule 3. Decisions by President; Roberts’ Rules. Rule 4. Toting. Rule 5. Motions, etc., in writing. Rule 6. Reports of Committees. Rule 7. Appointment of Committees. Rule 8. Suspension of Rules. Rule 9. When not allowed to vote. Rule 10. Standing Committees; President an ex-officio Member. 10. § i. No officer or employe of the Town of Cicero shall between the regular meetings of said Board, have power to order work or create liability, and they are herein and hereby prohibited from ordering work done or creating obligations of any kind against the Town of Cicero within the time mentioned that shall exceed in the aggregate the sum, of Fifty Dollars ($50.00) without first obtaining the written assent of a majority of the Board of Trustees so- to do. 11. § 2. All bills with a tabulated statement of the same shall be presented to the Finance Committee or some member thereof, on or before the day prior to- the meeting of the Board, at which such bills shall be audited, and all bills not so presented shall lie over until the next meeting of' the Board for such business. 12. § 3. Rule 1. Regular meetings of the Board of Trustees shall be held at such times as may be specified by resolution34 ORDINANCES OF THE adopted at any regular meeting. Special meetings may be called by the President of the Board, or any two members thereof, by filing a written request therefor with the Clerk, who shall thereupon give each member of the Board three days’ notice of such special meeting, in writing, by delivering such notice in person or leaving it at his dwelling house or place of business. Rule 2. The order of business at all regular meetings shall be as follows: First. Calling the roll of Trustees and reading the minutes of the last regular and special meetings, provided, however, that if the Clerk of the Board shall have furnished each member of the Board with a full and accurate copy of such minutes at least forty-eight hours before such meeting, the reading of such minutes may be dispensed with upon motion. Second. Reports of Town Officers. Third. Receiving, reading and referring petitions and communications. Fourth. Reports of Committees. Fifth. Unfinished business. Sixth. New business. Seventh. Miscellaneous business. Rule 3. The President shall decide all questions of order, and in all cases where these rules are not applicable, the Board shall be governed by parliamentary law, as laid down in Roberts’ Rules of Order. Rule 4. The yeas and nays shall be taken and entered upon the record upon the passage of all ordinances, and upon all propositions to create any liability against the Town, or for the expenditure of money, and upon the passage of all orders, ordinances or resolutions appropriating money, imposing taxes, granting licenses, or ordering special assessments. And the yeas and nays shall in like manner be taken and recordedTOWN OF CICERO. 35 whenever called for by any Trustee on any question before the Board. Rule 5. All motions, resolutions or orders shall be reduced to writing when the President shall so direct, or upon the request of any trustee, and handed to the Clerk and read by him before being presented to the Board for action. Rule 6. The reports of all Committees shall be in writing and signed by a majority of the Committee. Rule 7. All Committees shall be appointed by the President unless otherwise ordered by the Board. Rule 8. The rules of the Board may be suspended during any one meeting by a two-thirds vote of the entire Board of Trustees. Rule 9. No Trustee shall be allowed to vote upon any proposition or measure in which he is directly interested. Rule 10. There shall be Standing Committees of not less than three, nor more than four members each, to be known and designated as follows, to wit: 1. Committee on Drainage. 2. Committee on Finance. 3. Committee on Fire and Water. 4. Committee on Judiciary and Ordinances. 5. Committee on License. 6. Committee on Miscellaneous. 7. Committee on Police and Sanitary. 8. Committee on Printing. 9. Committee on Public Buildings and Grounds. 10. Committee on Rules and Regulations. 11. Committee on Special Assessments. 12. Committee on Streets and Highways. 13. Committee on Street Lighting. The President shall be ex-officio a member of each commit-36 ORDINANCES OF THE tee, and the chairman and remaining members of the committees shall be appointed upon the organization of the Board after each annual election, or as soon thereafter as practicable.TOWN OF CICERO. 37 CHAPTER IV. LAW DEPARTMENT. 13. § 1. Town Attorney; his duties defined. 14. § 2. Opinion in writing. 15. §3. Dockets. 1G. § 4. Attendance at meetings; Annnal Report. 13. § 1. It shall be the duty of the Town Attorney to give the necessary attention to all suits in every court of record in which the Town of Cicero is a party or directly interested. He shah appear as the attorney in behalf of any officer of the Town in any suit, prosecution or other judicial proceedings brought by or against such officer in his official character, and, as the case may require, shall prosecute or defend to the determination thereof. He shall be the bead of the law and special assessment departments. 14. § 2. He shall give his legal opinion in writing to the Town Board, or any member thereof, when requested, on legal questions arising under or concerning the charter or any ordinance of the Town, and on legal questions and subjects in which the Town shall be legally interested’. 15. § 3. He shall keep in proper books provided for the purpose, a docket of all suits prosecuted or defended by him, in which shall be briefly entered all steps taken in each cause. 16. § 4. He shall attend the meetings of the Board of Trustees when required, and on or before its first meeting in April in each year, make a report in writing to said Board, of all suits, prosecutions or actions prosecuted or defended by him. during the preceding year, of the names of the'parties thereto, of the38 ORDINANCES OF THE title of the courts in which they were commenced, of their progress or final disposition, and other information concerning the legal interests of the Town, which he may deera necessary or proper, or which may be required by the Board of Trustees.TOWN OF CICEKO. 39 CHAPTER V. 17. § 1. 18. § 2. 19. § 3. 20. § 4. 21. § 5. 22. § 6. 23. § 7. 24. § 8. 25. § 9. l7- § SUPERVISOR AND TREASURER. Duties; Separate Accounts; Books balanced monthly. Warrants drawn upon particular Funds; Transfer of Funds. Warrants signed and countersigned and Treasurer’s Stub received. Monthly Accounts. General Fund Balance Statements. Special Assessment Balance^Statements; Separate Accounts. No Interest on Bonds after Publication and Notice. Compensation; Paid upon Warrants. Interest on Public Funds. to the corporation and1 shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto, and his books and accounts shall always be subject to the inspection of any officer or Trustee of the Town. He shall give every person paying money into the Treasury, a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file copies of such receipts with the Clerk at the date of his monthly reports. Said books shall be kept by him or under his direction so as to> show at all times the exact condition of the moneys under his control, and of each account with the several funds or appropriations, and of all disbursements by him made, and shall be by him handed over to his successor with the other books and accounts pertaining to his office. Said books shall be balanced at least monthly. It shall also be his duty as supervisor to investigate and relieve all cases of charity, and perform all duties required of him by law or ordinance. 18. § 2. No person shall be .paid from the Treasury upon any warrant, except from the moneys1 belonging to the particular40 ORDINANCES OF THE fund or appropriation, or item: thereof, upon which said warrant shall be drawn, nor shall money be transferred1 by the Treasurer from, one fund to another, after it has been received by him, nor appropriated to any other purpose than that for which it has been collected or paid, without the express vote of the majority of the Board of Trustees. 19. §3. All warrants drawn upon the Treasurer must be signed by the President of the Town, and countersigned by the Town Clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom, payable, and the Treasurer shall not be required to pay any warrant, the Treasurers stub for which has not been received from the Town Clerk and no money shall be otherwise paid upon such warrants so drawn except as hereinbefore provided. 20. § 4. The Treasurer shall at the end of each and every month, and oftener, if required, render an account to the Board of Trustees, showing the state of the treasury at the date of such account, and the balance of moneys in the treasury. 21. § 5. The Treasurer shall furnish to the Town Board monthly statements of the balances in the general funds. 22. § 6. The Town Treasurer shall at least as often as once in each month make a written report to* this Board showing what moneys shall be in his hands to- the credit of each special assessment fund, and in all cases of funds which áre collectible in installments, such report shall show the amount on hand to the credit of each respective installment, and the interest account of each installment. The Treasurer shall keep a separate account of the interest in each special assessment, and no interest on bonds or vouchers issued on account of any special assessment shall be paid unless there are funds in the interest account for that assessment sufficient for such payment. 23. § 7- Within ten days after the receipt of each of said reports from the Treasurer, it shall be the duty of the TownTOWN OF CICERO. 41 Clerk to give notice, by publication in a newspaper published in said Town, of all interest bearing bonds and warrants then outstanding, the funds for payment of which shall be shown by such report to be in the hands of the Treasurer. Said Clerk shall also within said ten days, send to the holder of each such warrant or bond, by mail, a notice calling for the presentation of each such warrant or bond to the Treasurer for payment, and stating that the interest upon such bond or warrant shall thereupon cease, five days after the giving of such notice. In all cases where the names of such bond or warrant holders are unknown to said Clerk, such notice shall be sent to the person, firm- or corporation to whom the same were originally issued; and in determining to whom such notices shall be sent, said Clerk shall give preference to bonds and warrants in the order of their issue. 24. § 8. The compensation of the Supervisor of the Town of Cicero for his services as Treasurer of said Town is hereby fixed at Two Thousand Dollars ($2,000.00) per annum, provided said sum shall not exceed two per cent, upon all moneys received by him, except moneys received from the sale or exchange of Town bonds, transfer of funds, and from his predecessor. The Supervisor shall not be entitled to draw, receive or retain his salary or compensation as Treasurer as fixed by this chapter or otherwise, or any part thereof, except upon a warrant or warrants ordered issued by the Board of Trustees. 25. § 9* The Act of the General Assembly of Illinois passed on the 16th day of June, A. D., 1893, and in force July I, 1893, entitled “An act to compel State, County, City, Township, School and Park Treasurers and other custodians of public funds to account for interest on such funds under their control,” be and the same is hereby adopted by the Town of Cicero, together w.ith all amendments to the same now in force, and also all amendments to the same which at any time hereafter may be adopted b” Ike General Assembly of the State of Illinois. (For Act, see Appendix “C”)42 ORDINANCES OF THE CHAPTER VI. COLLECTOR 26. § 1. Duties. 27. § 2. Payments to Treasurer. 28. § B. Report Moneys Collected; Annual Report. 29. § 4. Final Settlement. 30. § 5. Report to County Collector. 31. § 6. Interest]on Special Assessment InstallmentsCollected Annually. 32. § 7. Assessment Rolls Checked, Audited and Filed. 26. § 1. It shall be the duty of the Collector to execute all special assessments and other warrants, which by law and the ordinances of the Town of Cicero may be directed to him, and he shall perform such other duties as now are, or hereafter may be imposed upon him by law or ordinance. 27. § 2. Said Collector shall keep such books and his accounts in such manner as is from time to time required by order or resolution of the Board of Trustees. He shall, as often as is required by law, pay over to the Town Treasurer all moneys collected by him from any source whatever, taking the Treasurer’s receipt therefor; which receipt he shall immediately file with the Town Clerk; but the Town Clerk shall at the time, or on demand, give such Tax Collector a copy of any such receipt so filed. (§ 3, Art. VIII., Chap. 24 of the Revised Statutes.) 28. § 3. He shall make a report in writing to the Board of Trustees, through the Town Clerk, of all moneys collected by him., the account whereon collected, and of any other matter in connection with his office, at the first meeting of said Board every month, and as much oftener as required. He shall also- annually, on or before the first day of April, file with the Clerk a statement of all moneys collected by him during the year; the particular war-TOWN OF CICERO. 43 rant, special assessment, or account on which collected; the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned during the preceding fiscal year to the clerk. 29. § 4. It shall be the duty of said Collector to make return and final settlement for the amount of taxes and assessments placed in his hands for collection', on or before the tenth day of March next succeeding his election, in the manner provided by law for Town and District Collectors. 30. § 5. It shall 'also be the duty of the Town Collector, who is hereby made the collector of special assessments, to make a report in writing in the manner and to the person or persons required in section 39, article I X, chapter 24, of the Revised Statutes of the State of Illinois, on or before the first day of April next, after such special assessment therein mentioned shall have become due and payable. (See Appendix “D.”) 31. § 6. Upon all special assessments which have been divided into installments, the Collector shall collect the interest annually on all the deferred installments at the time any installment shall become due, and the interest on such deferred installments shall be added to the amount of the installment so due and the entire amount, if unpaid, shall be returned to> the proper county officer as the amount delinquent. 32. § 7. Upon the filing of the Collectors reports, required by sections 3 and 4 of this chapter, the assessment rolls shall be checked and audited by the Board of Trustees, or some person or committee duly appointed'for such purpose, and the Collectors reports shall be approved if found correct, and placed on file in the Town Clerk's office.44 ORDINANCES OF THE CHAPTER VII. COMMISSIONER OF PUBLIC WORKS. 38. § 1. Commissioner of Public Works; Plumbing and Drainage Commissioner. 34. § 2. Enforcement of Sanitary and Health Regulations. 35. § 3. Erection of Public Buildings, Pavements, Bridges, Sewers, etc.; Material; Inspection. 86. § 4:. Street Lighting. 37. §5. Plumbing; Test applied; Water Pipes—piercing. 38. § 6. Purchasing Agent; Requisitions. 39. § 7. Itemized Bills. 4:0. § 8. Tested with Powers of Policeman. 4:1. § 9. Employment of Assistants. 42. § 10. Other duties prescribed by the Board of Trustees. 43. § 11. Duties of Commissioner. 44. § 12. Report of Repairs. 45. § 13. Annual Report. 33. § 1. That there be, and is hereby created, an executive officer in and for the Town of Cicero, to< be known as Commissioner of Public Works. He shall also> be the Plumbing and Drainage Commissioner, and perform the duties of such Plumbing and Drainage Commissioner. He shall have the direct supervision and control of the Engineer, Superintendent of Streets, Inspectors and all other assistants and employes of the Town engaged upon the public works and improvements in the Town., Before entering upon the duties of his office he shall give a bond in the penal sum of Five Thousand Dollars, with good and sufficient sureties, to be approved by the Board of Trustees, conditioned for the faithful performance of his duties. 34. § 2. It shall be the duty of the Commissioner of Pub-TOWN OF CICERO. 45 lie Works to enforce all the laws of the State and ordinances of the Town in relation to the sanitary regulation of the Town, and enforce all the rules and regulations prescribed in chapter XIII. of these ordinances, entitled “Health Department.” 35. § 3. He shall have charge of the erection of all public buildings, and of sewers and1 works pertaining therto. And it shall also be his duty to superintend the construction of all street pavements, bridges, sewers and other public improvements, to receive, inspect and measure when required, any and all lumber, bricks, stone or other material to be used in the construction of any public work of said Town, and to carefully inspect and examine daily, or as often as necessary, all public work in process of construction, except in those cases where the Town shall, by ordinance or by contract, provide for a special inspector of such work. 36. § 4. He shall have charge of all lamps and lights for the lighting of the streets, alleys, lanes, highways and public places and buildings of said Town, until such time as a Superintendent of Street Lighting is appointed. 37. § 5. He shall inspect the plumbing in all houses during construction, and before the plumbing shall be enclosed, a water test shall be made by closing all faucets and other openings in the pipes, and turning on the water connection therewith. In all cases of leakage the plumbing shall not be approved until all defects are remedied and the plumbing made to pass the test. He shall have charge of all water pipes, hydrants and other property pertaining to the water supply of the said Town, and shall prescribe the mode of pieicing or connecting any water pipe with other pipes, or supply pipes, and cause the same to be kept in good order and condition. 38. § 6. The Commissioner of Public Works shall also be the purchasing agent of the Town, and all supplies and building material needed in the construction work and public improve-46 ORDINANCES OF THE merits and repairs, as well as all fuel and all other supplies for use in all departments of the Town, shall be purchased by him upon the requisition of the officer or employe requiring such supplies, which requisition shall be first countersigned by the President of the Town. All such requsitions so countersigned shall be retained by the Commissioner of Public Works, and he shall keep an order book with stubs, and the orders and stubs shall be numbered, and all bills rendered against the Town, before being submitted to the Finance Committee, shall have the order number written thereon by said Commissioner with his approval of the bill. 39. § 7. It shall be the duty of the Commissioner of Public Works to itemize all bills for all work done in his department, showing when, where, by whom, and for what purpose the work was done, or the obligation incurred, and present the same to the Finance Committee previous to the next meeting of the Board of Trustees. 40. § 8. In order to enable the Commissioner of Public Works faithfully and perfectly to do and perform all the duties required of him in this ordinance, he is hereby vested with all the powers conferred on policemen of the Town by the Statutes of the State and ordinances of the Town, and he is hereby appointed a policeman of the Town. 41. § 9. He shall recommend to the Board of Trustees the employment of all such assistants, including Town, Engineer and Superintendent of Streets, Inspectors and other help as he may from time to time deem necessary, and they may be appointed by the Board of Trustees in their discretion. 42. § 10. He shall do and perform such other duties pertaining to> the public works of the Town as may from time to time arise or be imposed by the Board of Trustees. 43. § 11. It shall be the duty of the Commissioner of Public Works:TOWN OF CICERO. 47 (a) To locate and establish lines and grades of any sidewalk, street, alley, avenue, or other public way within said Town, when requested so to do by the President or Board of Trustees. (b) To make any and all surveys in and for said Town that may be ordered’ by the Board of Trustees, and enter in the plat books of the Town all plats and changes of plats approved by the Board of Trustees. (c) To- make, prepare and submit all necessary plans, maps, plats, profiles, specifications, ordinances and estimates for any public work or improvement which may be proposed or ordered by the Board of Trustees, or required by the Town Attorney, or Superintendent of Special Assessments. (d) To1 prescribe the mode of piercing or opening any of the sewers or drains, and the form, size and material of the connection therewith; to superintend the laying down of gas, water, or steam pipes and determine their location, and to regulate and control the erection and location of telegraph poles and other poles or posts, subject always to the direction of the Board of Trustees. (e) To make all estimates for payment on contracts as the work under his supervision progresses, and as may be required under the ordinances, specifications and contracts. (f) To- furnish all necessary lines and grades of streets and alleys or portions thereof to persons desiring to' use the same for the purpose of properly locating and constructing any sidewalk, curbing or building, within ten days of date of application for such lines or grades, but upon the terms and payments of fees hereinafter mentioned; provided, however, that the commissioner shall have the right to depart from the established grade of any sidewalk whenever, in the judgment of the Board of Trustees, the surrounding conditions demand it. The said terms and fees which shall be charged and demanded in advance for the benefit of the Town from the owners of prop-48 ORDINANCES OF THE erty ordering the work to* be performed, or against whom the work is properly chargeable, are as follows: For locating and furnishing street, alley, or curb lines for any frontage not exceeding sixty-six (66) feet, $2.00. For locating and furnishing street, alley, or curb lines for any frontage over sixty-six (66) feet and not exceeding one hundred (100) feet, $3.00 and for each additional foot, three (3) cents per lineal foot. (g) To carefully preserve in his office all engineering field notes, maps, plans, profiles, papers, books, writings and records made by him or coming to or being in his office, and to arrange and index the same in such a manner that a ready reference may be had thereto. (h) To make and keep in his office a complete atlas of all sewers laid or constructed in the Town of Cicero, with all junctions, house connections and other appurtenances distinctly recorded therein. (i) To keep a complete and systematic record of all transactions within his department, and to record in a suitable book to be provided by the Town, all grades and bench marks established by the Board of Trustees, and all such books, records and files shall be the exclusive property of the Town. (j) He shall turn over to the Town Treasurer all fees arising from the sources hereinbefore mentioned and all revenues of whatever kind received in the department of Public Works and arising from the official acts of himself or any of his assistants, together with a detailed report of the sources and receipts of the same at the first regular meeting of the Board of Trustees in each and every month. 44. § 12. It shall also' be his duty to make, at each meet- ing of the Board of Trustees, a report of the work or repairs necessary to be done upon any street or public works, or of any workTOWN OF CICERO. 49 requiring the expenditure of money, with such recommendations as he may see fit. In all cases of urgent necessity, where the conditions are dangerous to life and limb, he shall make the necessary repairs immediately, not exceeding an expense of one hundred dollars, and report the same to> the Board of Trustees. But no such expense shall be incurred without his written order, which order shall be returned and filed as a voucher with the bill for such work or supplies. 45. § 13. He shall annually, at the expiration of the fiscal year, or oftener, if requested by the legislative authority of said Town, submit to the Board of Trustees a complete and detailed report of all operations in his department, including a general abstract of all public works or improvements undertaken or completed under his direction during the preceding fiscal year, and all such other matters and information as may be deemed of importance or be required by the Board of Trustees.50 ORDINANCES OF THE CHAPTER VIII. TOWN ENGINEER. 46. § 1. Qualifications and Duties. 47. § 2. Reports to Commissioner of Public Works. 46. § 1. The Town Engineer shall be a practical surveyor and civil engineer, and shall devote his entire personal time and attention to the duties of his office. He shall be under the immediate supervision and direction of the Commissioner of Public Works. He shall as and when required by the Commissioner of Public Works perform all the engineering work specified in Chapter VII., entitled “Commissioner of Public Works,” in the manner therein required; and he shall perform such other and further duties as may be required by the Commissioner of Public Works or the Board of Trustees. 47. § 2. The Town Engineer shall make reports daily or as often as required to the Commissioner of Public Works of the progress of all public improvements and other work of the department in the hands of the engineer.TOWN OF CICERO. 51 CHAPTER IX. SUPERINTENDENT OF1 STREETS. 48. § 1. Duties. 49. § 2. Regulation of Streets; Repairing; Superintendence. 50. § 3. Repairs of Sewers and Drains, Basins, Culverts, etc. 51. § 4. Daily Reports. 52. § 5. Vested with Powers of Policeman. 48. § 1. The Superintendent of Streets shall be under the immediate control of the Commissioner of Public Works, and he shall perform all the duties required of him by the provisions of this Chapter, and such other duties as may be required of him by the Commissioner of Public Works, or the President or Board of Trustees. 49. § 2. He shall have charge of, and superintend the repairing of all public improvements, and shall have power subject to the ordinances of the Town, to regulate and control the manner of using streets, alleys, highways and public places, and shall cause the prompt repairing of the streets, alleys, highways and public places wherever such repairing shall become necessary. He shall have special charge and superintendence of all streets, alleys, lanes and highways of the Town of Cicero, and of all walks and crosswalks. 50. § 3. He shall have charge of all sewers and drains in any of the streets, alleys or public places in the Town,, and shall keep the same in good order and condition and clean and free from obstruction, and shall cause to be made sucli repairs thereof, and of the receiving basins, culverts and openings connected52 ORDINANCES OF THE therewith, as may from time to time become necessary, or such as may be ordered by the Commissioner of Public Works. 51. § 4. It shall be the duty of the Superintendent of Streets to make daily reports to the Commissioner of Public Works, of all needed repairs or improvements and such other matters pertaining to the public works of the Town as may be required by the Commissioner of Public Works. 52. § 5. In order to enable the said Town Superintendent to faithfully and perfectly do and perform all the duties required of him in this ordinance. he is hereby vested with all the powers conferred on the policemen of said Town by the statutes of the state and ordinances of the Town, and he is hereby appointed a policeman of said Town.TOWN OF CICERO. 53 CHAPTER X. POLICE DEPARTMENT. 53. § 1. How constituted. 54. § 2. How appointed. 55. § 3. Captain to have management and control; Police Districts; As- signment to Duty; Captain to issue all orders; to wear appropriate Uniform; Captain has power to suspend; not entitled to pay while suspended; Captain to keep record of arrests; Captain to keep general record; Captain to report to the Board of Trustees at every Regular Meeting. 56. § 4. Duties of; power to arrest; when arrest is made on Sunday; when arrest is made at night; when Prisoner is violent; when Prisoner may he searched; power to serve warrants. 57. § 5. Absence from duty without leave; not to receive Presents. 58. § 6. Police to report to Captain; Police to deliver all Property seized or found; Captain to keep record of Property found or seized; Badge. 59. § 7. Injured in discharge of Duty. 60. § 8. Oath of Office. 61. § 9. Resisting or interfering with Officer; Penalty. 62. § 10. When Citizens to aid Officer; Penalty. 63. § 11. Power to enter Houseor Building. 64. § 12. Neglect or refusal to perform Duty; Penalty. 65. § 13. Justice of Peace; Police Magistrate; Duties and Powers. 66. § 14. Breaking open Jail or Calaboose; Penalty. 67. § 15. Impersonating an Officer; Penalty. 68. § 16. Special Policemen; Watchmen. 69. § 17. Members of the Board of Trustees; Officers. 70. § 18. Salaried Firemen; Special Policemen. 71. § 19. Unauthorized display of Star, etc. 72. § 20. Penalty. 53. § 1. There is hereby established an executive depart- ment of the municipal government of the Town of Cicero, which shall be known as the Police Department, and it shall embrace one Captain of Police, one or more lieutenants of police, And54 ORDINANCES OF THE such other officers and policemen as shall from; time to time be determined by the Board of Trustees of said Town. 54. § 2. The Captain and Lieutenants of Police and all policemen shall be appointed by the President of the Town, subject to the approval and confirmation of the Board of Trustees. 55- § 3* The Captain of Police shall have the manage- ment and control of all matters relating to the department and its officers and members, and of the books and records belonging to the department. He shall from time to time divide the Town into Police Districts, and assign the policemen to duty; all regulations or orders of the department shall be promulgated through the Captain of Police. He shall make suitable regulations, under which the members of the department shall be required to wear an appropriate uniform and badge, by which they may be known and designated at all times. He shall have power to suspend any policeman from duty, but he shall report such suspension to> the Board of Trustees at its next regular meeting and the reasons for his action. On such report being made, the Board of Trustees shall take such action thereon as shall to them seem just and right in the premises. Any policeman, so suspended, shall not be entitled to pay while so suspended, nor till he shall be returned to duty by the proper authority. The Captain of Police shall keep a record of arrests made by the police force, with columns ruled for the following headings: No. Date. Naine of prisoner. Charge. Name of officer arresting. Name of magistrate trying charge.TOWN OF CICERO. 55 Amount of fine imposed. Costs, and Remarks. He shall also keep books of records of the police force, of complaints made against policemen., of suspected persons or places, and of all property placed in. his charge, and such other books, records and papers as shall be required by the business of the department. He shall, at every regular meeting of the Board of Trustees, report the state of the police force; the number of arrests made; the amount of fines imposed, and any suggestions he may deem advisable for the improvement of the police force, its discipline and government. 56. § 4. The several members of the police force of the Town of Cicero, including the Captain of Police, shall devote their time and attention to the discharge of their duties, according to the ordinances of the Town and the rules and regulations which the Board of Trustees have heretofore, and may from time to time adopt and prescribe. It shall be the duty of each member of the police force of the Town to preserve order, peace and quiet, and enforce the laws and ordinances throughout the Town. They shall have power to arrest all persons in the Town, on view, found in violation of any law or ordinance of the Town, or aiding and abetting in any such violation, and shall take all such persons so arrested before some Police Magistrate or Justice of the Peace in said Town, if any can be found, and prefer charges or make complaint against such persons so arrested, and prosecute the same. If such arrest is made in the night time, or on Sunday, or no* Police Magistrate or Justice of the Peace can be found, such person so arrested shall be confined in some safe place provided for that purpose, until some Magistrate or Justice shall be found before whom a trial can be had; and in all cases where it56 ORDINANCES OF THE becomes necessary to confine any person under arrest, if such person is violent, or if for any other reason the officer having such person in charge shall be apprehensive of an attempt to escape, or if he shall suspect that such person has concealed upon or about his person any pistol, revolver, knife, slung-shot, brass, steel or iron knuckles, or any other deadly weapon, he shall search such person, and if any such weapon shall be found, or any instrument that will aid such person toi escape from such confinement, the officer having such person in charge shall remove the same and deliver the same to the Captain of Police, who shall safely keep the same; when such person shall be released from arrest or confinement, the Captain of Police shall return such article to the person from whom the same may have been taken, if the same shall not have been* otherwise lawfully disposed of. The Captain of Police and all policemen shall have power and authority, within the Town, to serve and execute all warrants, writs and other process for the apprehension and commitment of persons charged with an offense, or crime, or misdemeanor, or held for examination or trial for the violation of any law or ordinance of the Town; they shall also have power and authority within the said Town to serve and execute any and all writs, warrants, summons and other process necessary in the trial of any such person or persons, and while executing or serving any writ, warrant, summons or other process, or in assisting in the same, such policemen shall have and possess all the powers and authority conferred on constables at common law and by the statutes of the State of Illinois. 57. § 5. An unexplained absence from duty, without leave, by any member of the police force of said Town, for one day, shall be deemed and held to be a resignation by such member and accepted as such; no member of the police force of said Town shall for his own benefit share in any present, gift or emolumentTOWN OF CICERO. 57 for police services, without the consent of the Board of Trustees of said Town. 58. § 6. It shall be the duty of every police officer to re- port to the Captain of Police at such times and places as he may require, and at all times to obey the orders and instructions of said Captain of Police, and also^ to' deliver to him all property seized or found by them immediately after the same shall come into- their possession, which property, with the date of delivery, and a description of the same, and name of officer, shall be entered in a book to be kept for the purpose by said Captain of Police; every member of the department shall wear a suitable badge to be furnished by the Town, and any member who shall destroy the same shall be required to pay the cost of replacing it; and whenever any member of the department shall leave, resign, be suspended1 or discharged, he shall immediately deliver his badge to the said Captain of Police. 59. § 7. Any member of the police force of saiid town, other than special policemen, receiving injury or becoming disabled while in the discharge of his duties, so as to prevent him from attending to his duties as such member, shall for the space of twelve months, provided his disability shall last that time, receive his salary. The fact of such disability and its duration shall be certified by a physician, or by such other evidence as the Board of Trustees may require. 60. § 8. All members of the police force of the Town shall, before entering upon duty as policemen, take and subscribe an oath of office substantially in the following form, viz. : I do sol- emnly swear that I will support the Constitution of the United States, and of the State of Illinois, and that I will faithfully discharge the duties of the office of policeman of the Town of Cicero, to the best of my ability; which oath shall be subscribed and sworn to before some officer authorized by the laws of this58 ORDINANCES OF THE state to administer oaths, and the certificate thereof filed in the office of the Town Clerk. 61. § 9. Whoever shall resist any member of the police force of the Town, in the discharge of his duty, or shall in any way interfere with or hinder or prevent any policeman from discharging his duty, or shall offer or endeavor to do so, and whoever shall assist in any manner, any person in custody of any policeman, to escape, or attempt to escape from, such custody, or shall rescue or attempt to rescue, any person in custody, shall be fined in any sum not less than twenty-five dollars and not exceeding one hundred dollars. 62. § 10. It shall be the duty of all persons, when called upon by a policeman, to promptly aid and assist him in the discharge of his duties. Whoever shall refuse or neglect to give such aid and assistance shall be fined not less than ten dollars, and not exceeding one hundred dollars. 63. § 11. Police officers of the Town shall have power and authority, in a peaceable and quiet manner, to enter any house, store, grocery, shop or other building in the Town, in which any person or persons may reasonably be expected to be for unlawful purposes; and if any person shall be found therein, guilty of any crime, misdemeanor or violating any ordinance for the preservation of the peace and good order of the Town, or who may reasonably be suspected thereof, or who shall be aiding or abetting such person or persons so doing, they shall apprehend and keep in custody such person or persons, as in cases of other arrests. 64. § 12. Any police officer who shall neglect or refuse to perform any duty required of him, by the laws and ordinances of this Town, or who shall, in the discharge of his official duties, be guilty of any fraud, favoritism, partiality, extortion, oppression or wilful wrong or injustice, shall pay a fine of not less than twenty-five dollars and not exceeding one hundred dollars for eachTOWN OF CICERO. 59 offense, the prosecution for such offense to be conducted as in other cases of violation of any Town ordinance. 65. § 13. It shall be the duty of every Justice of the Peace or Police Magistrate in the Town, to enforce the observance of all the ordinances, orders and by-laws of the Board of Trustees, by fines or imprisonments, in the discretion of the court before which conviction may be had in accordance with law and the ordinances of said Town. 66. § 14. If any person shall break open any calaboose of said Town, or in any manner directly or indirectly aid or assist in or counsel or advise the breaking open any calaboose of said Tovvn, or if any person shall aid or assist any person confined in any calaboose of said Town to escape therefrom, he, she or they shall, on conviction be fined not less than twenty dollars nor more than one hundred dollars. 67. § 15. Any person who shall falsely represent himself to be a policeman of the Town of Cicero, or represent any member of the police force of said Town, or who shall, with intent to deceive, use or imitate any of the signs, signals or devices adopted and used by the police department of said Town, or who shall wear in public the uniform or badge adopted as the police uniform or badge of said Town, shall be fined not less than ten dollars and not to exceed one hundred dollars for each and every such offense. 68. § 16. Upon the petition of any private person, firm or corporation doing business in the Town of Cicero, the President may appoint special policemen or watchmen to watch the premises of such petitioner, whose services shall be paid for by such petitioner, and be without expense to the said Town. No person shall act as special policeman in the Town of Cicero, or as watchman patrolling or watching any building or buildings upon any public street in said town, without first receiv-60 ORDINANCES OF THE ing an appointment, in writing, as such special policeman or watchman, from the President of said Town, which appointment shall extend only for such time as shall be therein limited, but in no case exceeding one year from its date. Every such appointment shall be revocable at any time by the President of said Town or the Board of Trustees thereof. All persons so appointed special policemen or watchmen shall take and subscribe the same oath, shall possess the powers, and be subject to all the obligations and duties conferred and imposed upon, the police of said Town by its ordinances, and shall be subject to the orders and directions of the Captain of Police; but no such person shad receive pay from said Town. No person shall be appointed special policeman or watchman as above who shall not, at the time of his appointment, be a citizen and’ legal voter within said Town, and have continuously resided therein for the space of at least six months prior to such appointment. 69. § 17. Each member of t)he Board of Trustees of said Town is hereby declared to be a special policeman of said Town, invested with, and authorized to exercise, all the rights and powers in this ordinance conferred on policemen; and the President of the Town shall be and he is hereby constituted the Chief of the Police Department. 70. § 18. All regularly salaried members of the Fire Departments of the Town are hereby constituted special policemen and invested with all the powers and duties of regular members of the police force; but they shall not receive any additional compensation for such services. 71. § 19. No person, not being a policeman of said Town, or a regularly appointed special policeman or watchman, shall appear in any public place in said Town wearing any star, shield or badge indicating, or calculated to indicate, that such person is a policeman, special policeman orTOWN OF CICERO. 61 watchman; or wearing any dress or uniform, belt, baton, cap, hat, or other article or device resembling or similar to those usually worn by policemen on duty, or liable or calculated to cause such person to be mistaken for a policeman. 72. § 20. Every person violating any of the provisions of this ordinance shall be fined in any sum not exceeding one hundred dollars.62 ORDINANCES OF THE CHAPTER XL FIRE DEPARTMENT. 73. § 1. Fire Companies, when and how created. 74. § 2. Duties of Members; Written Agreement. 75. § 3. Selection of Chief and acceptance by Board of Trustees. 76. § 4. Annual Election; Report to Board of Trustees. 77. § 5. Duties of Companies; care of Apparatus; Duties of Members. 78. § 6. Prompt Performance required; Expulsion. 79. § 7. Compensation for Services; Pay-roll; Auditing. 80. § 8. Permanent Employes; Duties; Compensation. 81. § 9. Chief; Powers; Compensation. 82. § 10. Aid from other Companies; Control of Resident Chief. 83. § 11. General Supervision in the President and Trustees. 84. § 12. False hlarm of fire; Penalty. 85. § 13. Bonfires; Penalty; Permits. 86. § 14. Lights to be enclosed; Penalty. 87. § 15. Removal of Shavings; Rags and Waste destroyed—immersed in water. 88. § 16. Stoves in Shops; use of Candles; Penalty. 89. § 17. Carrying Fire in Street; Penalty. 90. § 18. ScatteringiShavings and other Combustibles; Penalty. 91. § 19. Depositing Combustibles near Buildings; Permit; Penalty. 92. § 20. Ashes in Wooden Receptacles; Penalty. 73. § 1. That upon the written petition of fifty resident voters of any village in the Town of Cicero, the President of the Town may grant permission to form in said village a fire company to consist of not more than fifteen members, which number shall include the regularly salaried members, under charge of, and including a chief, who shall be selected by such members as hereinafter provided. Provided, however, that the chief and regularly salaried members of the Company shall not be subject to suspension or dismissal except by order of the President and Board of Trustees.TOWN OF CICERO. 63 74. § 2. The volunteer members of said company shall sign a written agreement to serve therein for the term of one year, to obey the commands of their chief, to* attend the regular meetings of such company, unless excused by reason of sickness, absence from the village or other cause satisfactory to the chief, and to promptly attend duty at all alarms of fire in such village. 75. § 3. Upon the presentation of such written enlistment accompanied by the minutes of a meeting at which said company shall have chosen its chief, and the acceptance thereof by the Board of Trustees, such company shall be deemed fully organized for fire service. 76. § 4. The annual election of officers of each company shall be held the first Tuesday after the first Monday in July of each year and the report of proceedings of said meeting duly attested by the chief and secretary of the company, shall be submitted for approval to the next regular meeting of the Board of Trustees of the Town. 77. § 5. It shall be the duty of the said Company, under the direction of its chief, to have and take charge, care and control of, and be responsible for the fire apparatus of the Town, situated in such village, and the room or building in which it is stored, to hold regular meetings at least twice in each month, and oftener should they so decide, for instruction and drill, and to promptly answer all alarms of fire within such village, and to use their utmost efforts to extinguish any fire occurring therein. 78. § 6. Each and every member of such company shall perform his duties promptly and obey the order of his chief at all meetings, drills and alarms of fire, upon pain of expulsion. 79. § 7. Every member of such company shall receive as compensation for his services the sum of twenty-five cents for every regular business meeting or drill, not exceeding two in each month, attended by him, and the sum of one dollar for every fire at which he is promptly present and on duty, and the chief shall64 ORDINANCES OF THE at the end of every three months from the date of the organization of such company make out in writing over his own signature, attested by the secretary of said company, and hand to the chairman of the Finance Committee of the Board of Trustees, a pav-roll containing the name’s of all members of such company, and the amount due each member thereof set opposite his name, which report shall be verified by the oath of the Chief of said Company before the Town Clerk or any notary public. Upon being satisfied with the correctness of such pay-roll, said committee shall audit the same. Included in each quarterly report shall be stated in detail the number of fires attended, the date of each, its cause as nearly as can be ascertained, the probable amount of damage, insurance, if any, and all other information relating thereto. 80. § 8. Whenever, in the opinion of the Board of Trustees, it shall become necessary, one or more permanent employes may be appointed for each fire station. It shall be the duty of such permanent employes to> take care of the property belonging to said company and the Town of Cicero, and perform such other duties as may be required of them by the chief of their respective companies, or by the President or Board of Trustees of the Town. The compensation of such permanent employes shall be fixed by resolution of the Board of Trustees. 81. § 9. Such chief and the regular salaried members of each company, shall have and exercise full police powers, and the compensation of the chief shall be double that of a volunteer member of such company for like services. 82. § 10. In case of a call for aid from a neighboring village, such company shall forthwith proceed to> the point of danger, and there act under the orders of the resident chief. 83. § 11. The general supervision and control of all fire companies established hereunder shall be in the President and Board of Trustees, whose orders and instructions shall be promptly obeyed; they shall have power to1 disband any or all such com-TOWN OF CICERO, 65 parties and take all steps necessary tO‘ organize any new or reorganize any pre-existing or disbanded company, by calling for volunteers or otherwise. 84. § 12. Whoever without reasonable cause, by outcry or otherwise, makes or circulates or causes to' be made or circulated, any false alarm of fire, shall be subject to a fine of not less than fifty dollars nor more than two hundred dollars. 85. § 13. Whoever is concerned in causing or making a bonfire or shall set fire to or burn any hay, straw, shavings, or other combustible materials in any street, alley, or other public place within the limits of the Town, shall be subject to a fine of not less than five dollars; provided the Fire Chief or any Assistant Fire Chief may in such cases as he^ may deem proper, grant permits in writing for the destruction of straw or other rubbish where the same can be done without damage to property or annoyance to the public, but the same shall be done after sundown and at least thirty feet from any building. 86. § 14. No person shall take or use in any barn or stable within the corporate limits of the Town any lighted candle, oil or fluid lamp or any burning light or substance of any kind whatsoever unless the same be enclosed and secured in a good glass, horn or other lantern, under penalty of not less than ten dollars for each offense. 87. § 15. Every person keeping or occupying any shop or other building wherein shavings or other combustible materials are made, accumulated or may be contained, and situated within two hundred feet of any other building, shall clear and remove such shavings or other combustible materials out of any such building and the yard belonging thereto1 at least three times in each week under the penalty of five dollars for each offense. Any person or persons using rags or waste for rubbing furniture or other varnished or oiled work shall burn or cause to be burned all such rags or waste every day; but if any rags or waste so used66 ORDINANCES OF THE are not burned before the close of the working day such rags or waste shall be immersed in water. 88. § 16. No stove shall be used in any such shop or building unless the same shall be set in a box surrounded with fireproof material with the pipe carefully set up according to the provisions of this chapter; and no lighted candle shall be used in any such shop or building except it be placed in a candlestick made of a material not liable to take fire, under the penalty of five dollars for each offense. 89. § 17. No person shall carry fire in or through any street or lot or other public or private place except the same be placed or covered in some close or secure pan or other vessel, under the penalty of one dollar for each offense. 90. § 18. No person in removing any chips, shavings, or other combustible matter, shall scatter or throw them or suffer them to be thrown or scattered on any street, alley or other public place, under the penalty of not less than five dollars for each offense. 91. § 19. No person shall deposit or stack any hay, straw or other combustible substance within one hundred feet of any dwelling house, barn, stable, outhouse or building of any description within the limits of the Town of Cicero, without first having obtained written permission from the Commissioner of Public Works under the penalty of twenty-five dollars for each offense and a like penalty for every week the same may remain after notice. 92. § 20. No person shall keep ashes in any barrel, box or other wooden vessel or on any wooden floor in any building, under the penalty of five dollars for each offense.TOWN OF CICEBO. 67 CHAPTER XII. *WATER WORKS DEPARTMENT. 93. § 1. Superintendent of Waterworks; Commissioner of Public Works to control. 94. § 2. Minimum Assessments; Frontage; Rates; Meter not less than frontage rates; Stories defined; Flats; Yacant lots. Class 1. Prívate dwelling rates; Family in excess of 12; Bathing tubs in private,dwellings; Water closets; Privy vaults; Urinals; Wash hand-basins; Steam heating; Hose, hours prescribed; Outbuildings; Sleeping rooms only. Class II Boarding house rates, more than 12 persons. Class III. Hotel and Tavern rates. Class IV. Block or Office Building rates. Class V. Stores and Business Premises rates. Class VI Saloon rates; Drinking; Ice cream; Restaurants; Eating houses; Club rooms, etc.; Billiard rooms, etc.; Soda fountains. Class VII. Stable rates; Livery stables; Club stables; Car and Omnibus stables; Private stables; Cow stables. Class VIII. Public baths; Truck stables; Barber shops. Class IX Fountain rates. Class X. Miscellaneous. Class XL Meter measurements. Class XII. Manufactory rates. Class XIII. Fire protection. Class XIV. Churches. 95. § 3. Polluting water in well or pipes; Penalty. 96. § 4. Public Hydrants; Injury thereto; Penalty. 97. § 5. Injury or Polution; Penalty. *Note. The provisions of this chapter apply to the water works owned and operated by the Town of Cicero. See Appendix ‘ ‘E” this volume, for the ordinance enfranchising the Cicero Water, Gas and Electric Light Company, which supplies water to the inhabitants of parts of the Town of Cicero.68 ORDINANCES OF THE 98. § 6. Rules for water takers: Rule 1. Repairs; Frost; Claims. Rule 2 Hydrants used for fire purposes only; Faucets. Rule 3. Town Officers to have access to buildings. Rule 4• Payment of water rates. Rule 5. Improvements requiring the use of water; Permits. Rule 6. Right to cut off water supply. 99. § 7. Diameter of Tap. 100. § 8. Street Excavations; How made. 101. § 9. Size and Quality of Lead Pipe required. 102. § 10. Depth of service pipes; Wiped joints. 103. § 11. Stop and Waste Cocks. 104. § 12. Stop Cocks; How connected and protected. 105. § 13. More than one building supplied by single tap. 106. § 14. Service Cock-how laid and how protected; Frozen ground. 107. § 15. Turning on Water Supply without permit; Penalty. 108. § 16. Obstructing access to Stop Cock; Penalty. 109. § 17. Violation of Rules and Regulations; Penalty. 93. § 1. The works and stations of the system of water works of the Town of Cicero, and the grounds and appurtenances thereto (except water mains and pipes) shall be und^r the immediate control and management of the Commissioner of Tubhc Works, until such time as a Superintendent of Water Works is appointed. Such Superintendent, when appointed, shall have immediate control and management of the Water Works Department, subject to the direction and authority of the Commissioner of Public Works. 94. § 2. That the minimum water assessment on each and every building fronting on any street, avenue or other public highway, in or through which any public water supply pipe is laid, shall be the amount respectively specified hereinaftei as Frontage Kates, and for special uses of water such rates in addition as are hereinafter named. Provided, however, that when the supply of water to any building or premises is wholly controlled by meter, the said building or premises shall be assessed by meter measurement only,irre-TOWN OF CICERO. 69 spective of the number and character of the fixtures, or the special uses for which the water may be used; and Provided, further, that in no case shall any building or premises supplied through meter pay less per annum than the amount prescribed for said building or premises by the frontage rates hereinafter established. FRONTAGE RATES. Frontage Rates per Annum, Semi-Front width Annually in Advance. of —Stories in Height of Buildings.— building. One. Twto. Three. Four. Five. Six. Not exceeding 20 feet.... $ 6.00$ 7.50$ 9.oo$io.50$i2.oo$i3.50 Over 20 to 24 feet...... 7.00 8.50 io.po 11.50 13.CO 14.50 “ 24^27 “ .............. 8.00 9.50 11.00 12.50 14.00 15.50 “ 27 to 30 “ 9.00 10.50 12.00 13.50 15.00 16.50 “ 30 to 33 “ 10.00 11.50 13.00 14.50 1600 17.50 “ 33 to 36 “ 11.00 12.50 1400 15.50 17.00 18.50 “ 36 to 40 “ 12.00 13.50 15.00 16.50 18.00 19.50 “ 40 to 44 “ 13*00 14.50 16.00 17.50 19.00 20.50 “ 44 to 48 “ 14.00 15.50 17.00 18.50 20.00 21.50 “ 48 to 52 “ .. .. ... 15.00 16.50 18.00 19.50 21.00 22.50 " 52 to-56 “ ......... 16.00 17.50 19.00 20.50 22.00 23.50 ‘‘ 56 to 62 “ 17.00 18.50 20.00 21.50 23.00 24.50 “ 62 to 67 “ 18.00 19.50 21.00 22.50 24.OO 25.50 “ 67 tO 72 u I9.OO 20.50 22.00 23.5O 25.OO 26.50 “ 72 tO 77 “ 20.00 21.50 23.OO 24.5O 26.00 27.5O “ 77 tO' 82 “ 21.00 22.50 24.00 25.50 27.00 28.50 “ 82 tO 87 “ 22.00 23.5O 25.OO 26.50 28.00 29.50 Larger buildings in proportion. All basements and attics containing one or more finished rooms shall be deemed and estimated as additional stories ; modern flats or family hotels, occupied by more than one independ-70 ORDINANCES OF THE ent family, shall be charged for each additional family three (3) dollar per annum;; ordinary dwellings, occupied by more than two families, same rates. In addition to the above scale of frontage rates, and for special water fixtures in each dwelling, the rates as hereinafter specified Vacant lots supplied with water through one faucet shall be assessed not less than three (3) dollars each per annum, and for any additional water fixtures the same rates as hereinafter specified for like fixtures. Vacant lots where no water is used shall pay no water rates. CLASS I. PRIVATE DWELLING RATES. Tn addition to frontage rates. A family may consist of any number of persons, not to exceed twelve (12), including all children, boarders, employes and servants; but when in excess of that number the building shall be assessed fifty (50) cents per annum additional for each person. The rate for special water fixtures shall be as follows: Bathing tubs, in private dwelling houses only, beyond one, each, per annum..........................................$3.00 Water closets and privy vaults, in private dwelling houses only, beyond one, each, per annum.................... 3.00 Urinals, each, per annum.................................... 1.00 Wash hand basins with faucets, beyond one, each, per annum...................................................... 1.00 Steam heating, per ton of coal consumed.....................05 Each hose used for sprinkling or washing walks, windows and like purposes, each twenty-five foot lot, per annum... 3.00 Hose shall not be used for the purposes above specified except during the hours from 6 to 8 o’clock a. m., and between theTOWN OF CICERO. 71 hours from 6 to< 8 o'clock p. m, whether said water is controlled by meter or not, nor shall the water be used through hose for benefit of adjacent lots, except the same is controlled by meter. Out buildings, rear buildings or buildings on alleys, supplied with water and occupied by one or more families, shall be subject to the rates above specified for frontage and special water fixtures. When any portion, of such building is occupied for sleeping rooms only, by more than two lodgers, the assessment for each additional lodger shall be fifty (50) cents per annum, and for special water fixtures, dwelling house rates. CLASS II. BOARDING HOUSE RATES In addition to frontage rates, boarding houses occupied by not more than twelve (12) persons shall be assessed private dwelling rates. For each and every boarder or other perzon in excess of such number, fifty (50) cents per annum shall be charged. Boarding houses which furnish accommodations for day or lodging boarders in excess of twelve (12) persons shall be as- sessed for special water fixtures as follows: Bath tubs, each, per annum,................................$3.00 Water closets, each, per annum............................. 3.00 Wash hand basins with faucets, each, per annum............. 1.00 Fixed laundry tubs in excess of three (3), each, per annum. . 1.50 Boarding houses selling wine or liquors on premises, extra, per.annum................................................ 5.00 Hydraulic engines, meter measurement. For all purposes other than above specified the rates for special fixtures and conditions for use of water in boarding houses shall be the same as prescribed elsewhere for similar purposes.72 ORDINANCES OF THE CLASS III. HOTEL AND TAVERN RATES. In addition to frontage rates. From one room; to twelve inclusive, the same rates as for boarding houses, thence for each additional room per annum, $1.00. For special water fixtures the following rates: Bath tubs, each, per annum................................$3.00 Wash hand basins, each, per annum......................... i.oo Stationary steam engines, meter measurement. Water closets, each, per annum............................. 3.00 Urinals, per annum........................................ 1.50 Hydraulic engines, meter measurement. Fixed laundry tubs, in excess of three, each, per annum. .. . 2.00 Steam heating, meter measurement. Saloon bars connected with hotels or taverns, saloon rates. Any of the above named fixtures open to general or promiscuous use, shall be assessed at public rates. For all purposes other than the above specified the rates for special fixtures and conditions for use of water shall be the same as prescribed elsewhere for similar purposes. CLASS IV. BLOCK OR OFFICE BUILDING RATES. In addition to frontage rates. Each twenty feet front, and not exceeding twelve rooms therein, shall be included in regular frontage rates. For each room in excess of that number, occupied for office purposes, per annum', $1.00. For special water fixtures as follows: Steam engines meter measurement. Hydraulic engines, meter measurement.TOWN OF CICERO. 73 Bath tubs, each, per annum...................................$3.00 Wash hand basins, each, per annum.....................*...... 1.00 Water closets, each, per annum............................... 3.00 Urinals, each, per annum..................................... 1.50 Steam heating, meter measurement. The above named fixtures on premises occupied by a family shall be assessed private dwelling rates, and when open to general or promiscuous use, the same shall be assessed public rates. For all purposes other than above specified, the rates for special fixtures and conditions for the use of water in and about the above designated buildings shall be the same as prescribed elsewhere for similar purposes. CLASS V. STORES AND BUSINESS PREMISES RATES. Each building or part thereof, occupied as a store, showroom, bank, theater, warehouse, factory or shop, where not to exceed ten (10) persons are employed, shall be assessed in addition to regular frontage rates on said building, twenty-five (25) cents per annum for each additional person, and the rates for special water fixtures shall be as follows: Wash hand basins or sinks, each faucet, per annum.........$2.50 Water closets, per annum.................................. 3.50 Urinals, per annum........................................ 1.50 Steam engines, meter measurement. Hydraulic engines, meter measurement. Steam heating, meter measurement. All fixtures open to general or promiscuous use shall be assessed at public rates. Each family occupying any portion of either of the above designated buildings shall be assessed private dwelling rates. For all purposes, other than above specified, the rates for special fixtures and conditions for the use of water shall be the same as prescribed elsewhere for simiilar purposes.74 ORDINANCES OF THE CLASS VI. SALOON RATES. In addition to frontage rates. DRINKING. Shall be assessed for general and special water fixtures as follows: When there are no water faucets or other water fixtures on saloon premises— For use of bar, per annum...............................$3.00 When there are one or two faucets for use of bar, per annum .................................................... Each additional faucet, or equivalent for same, over two, for use of bar, per annum.............................. Water closets, each, per annum.......................... Urinals, each, per annum................................ Hydraulic pumps, each, per annum................$2.00 to Horse watering troughs on sidewalk in use not to exceed eight months, each.................•............... Hose for sprinkling, washing windows, etc., per annum... . Bars in groceries and other establishments, for one or two faucets, per annum................................. ICE CREAM. Without bars, each table of four to six persons, per annum, 50 cents. Larger tables proportionate rates. With bar or other fixtures, drinking saloon rates additional. RESTAURANTS, EATING HOUSES, CLUB ROOMS, ETC. Without bars, each table of four to six persons, per annum, $1.00. Larger tables proportionate rates. With bars or other fixtures, drinking saloon rates additional. 5.00 2.00 3-5° 1.50 5.00 5.00 6.00 5.00TOWN OF CICERO. 75 BILLIARD ROOMS, BOWLING ALLEYS, SHOOTING GALLERIES AND LIKE ESTABLISHMENTS. In addition to frontage rate, without bars, each, per annum, $3.00. With bars or other fixtures, drinking saloon rates additional. SODA WATER FOUNTAINS. Each, per annum, $3.00. When dwellings are connected with saloons each family shall be assessed private dwelling rates. For all special fixtures same rates as prescribed elsewhere for similar purposes. CLASS VII. STABLE RATES. Buildings, fronting on any street used as public stables shall be assessed frontage rates and in addition thereto, for special uses of water, as follows: LIVERY, SALE AND BOARDING STABLE. For average number of stalls in use, including the washing by hand of wheeled vehicles, each, per annum.......2.00 Vehicles washed by hose, additional, per annum... . *... 1.50 CLUB STABLES. Horses and mules, including washing vehicles by hand, each, per annum’...................................$2.00 Vehicles, when washed by hose, additional, per annum.... 1.50 Each cow, per annum.......................................75 CAR AND OMNIBUS STABLES. For average number of horses or mules, including washing vehicles by hand, each, per annum..................$2.50 PRIVATE STABLES. Fronting on alleys or located on rear of lots, when supplied with water, will be exempt from frontage rates, but shall be assessed as follows:76 ORDINANCES OF THE For horses and mules, including washing vehicles, each, per annum...........................................$2.00 More than one oow, each, per annum.....................75 Such portions of any stable building used or occupied by a family shall be respectively assessed private dwelling rates. COW STABLES. Average number of cows, each, per annum,...............$ .75 Hose, for stable use only, per annum................... 3.00 All fixtures in and about any stable, for other uses, shall be assessed at the same rate as elsewhere for similar purposes. CLASS VIII. PUBLIC BATHING ESTABLISHMENT RATES. In addition to frontage rates. Bath tubs, each, per annum..............................$6.00 Wash band basins, each, per annum....................... 1.50 Water closets, each, per annum.......................... 3.00 Urinals, each, per annum................................. 1.00 Fixed laundry tubs, each, per annum..................... 1.75 Washing vehicles with hose, additional, each, per annum. .. 2.00 Each cow, per annum.........................................75 Street railway or other watering stations, meter rates. TRUCK AND CART STABLES. For horses and mules, each, per annum...................$1.00 Each cow, per annum.........................................75 For hose, used for stable purposes only, per annum...... 3.00 BARBER SHOPS. In addition to frontage rates. Bath tubs, each, per annum...............................$6.00 Wash hand basins, each, per annum....................... 1.50 Water closets, each, per annum.......................... 3.00 Urinals, each, per annum................................. . 1.00 Fixed laundry tubs, each, per annum;.................... 1.75TOWN OF CICERO. 77 CLASS IX. FOUNTAIN RATES. Meter measurement. CLASS X. MISCELLANEOUS RATES IN ADDITION TO FRONTAGE RATES. Bakeries, per bbl. of flour or meal used....................$ .01 Building purposes, each 1,000 brick............................05 “ “ “ cord of stone..........................06 “ “ “ square yard concrete...................01 “ “ “ 100 sq. yds. plastering................15 Bolt heading machines, each, meter measurement. Bottling establishments, meter measurement. Church organ motors, meter measurement. Chemical laboratories, meter measurement. Cooperage, meter measurement. Convents, private dwelling rates. Club rooms, meter measurement. Fish stalls, meter measurement. Fish packing, meter measurement. Foundries, meter measurement. Forges, meter measurement. Forges, power hammers, meter measurement. Gardens, flower and vegetable, and greenhouses, meter measurement. Hydraulic or gas motors for elevators, meter measurement Gang saws in stone yards, meter measurement. Hospitals, private, private dwelling rates. Meat stalls, each, meter measurement. Milk depots and dairies, each, meter measurement. Medical colleges, business rates, Class V. Photograph galleries, each, meter measurement.78 ORDINANCES OF TttF Public laundry tubs, meter measurement. Public halls, each, meter measurement. Public halls, fixtures for special use of water, private dwelling rates. Schools, boarding, boarding house rates. Schools, swimming, meter measurement. Silver-plating establishments, each, meter measurement. Stationary steam engines, meter measurement. Portable steam engines, per day, special agreement. Steam heating apparatus, meter measurement. Segar manufacturers, meter measurement. Street sprinkling, meter measurement or measurement by tub. Tobacco factories, meter measurement. Telegraph and telephone battery rooms, each, per annum, meter measurement. Urinal troughs, having number of jets, each, per annum, meter measurement. Five dollars ($5) for each one-eighth of a mile of concrete, macadam, asphalt or stone pavement, or any pavement requiring water in its construction, or ten cents per thousand gallons for water used when measured by meter or otherwise. The above rates are for the general use of water for the purposes specified; when special fixtures are in use on any premises, the rates and conditions for such special use of water shall be the same as prescribed elsewhere for similar purposes. In all cases where any premises wholly controlled by meter, meter rates only shall apply instead of the above enumerated r^tes. Whenever an application is made to> the Town Clerk, as required by law, for a permit to- construct any kind of building in the Town of Cicero in the building of which water shall be used from the pipes of any public water system in the Town, the applicant shall, before such permit can be issued, pay for the waterTOWN OF CICERO. 79 to be used for said building and improvements, at the rates herein above specified, viz: Five (5) cents for each 1,000 brick, six (6) cents for each cord of stone, and fifteen (15) cents for each 100 square yards of plaster, and one (1) cent for each square yard of cement for floors and sidewalks. CLASS XI. For each one thousand gallons of water used on each independent premises, measured and registered by meter per month, twenty (20) cents per thousand gallons. Provided, that in no case shall premises supplied through meter pay a less rate than the per annum, frontage rates imposed upon like premises not controlled by meter. If a meter at any time fails to register the quantity of water, the quantity shall be determined and the charge made based on the average quantity registered during such preceding year prior to the date of failure, as the president of the town may direct. No deductions will be made from the bills on account of leakage. Bills for meter rates are due and payable monthly. If not paid within fifteen (15) days after date of bills, the supply of water will be stopped until all arrearages, and the cost of shutting off, are paid. For all water used continuously for any temporary purpose not otherwise specified, the quantity shall be estimated, and the rate shall be three (3) cents per hundred gallons for 500 up to 5,000 gallons per day. For 6,000 to 10,000 gallons, inclusive, per day, used at any one time for temporary purposes, the rate shall be two (2) cents for each and every one hundred gallons, which rate shall be paid in advance. The daily use of large quantities of water for permanent purposes shall be subject to control by meter only. All meters shall be furnished, connected with the premises, and maintained at cost of the water taker, and shall be attached at request of owner, or by order of Board of Trustees.80 ORDINANCES OF THE Gas companies, contractors and others requiring water from the town supply, for puddling trenches, ditches, streets, or for other purposes incident to public or private work or improvement, or otherwise, shall make application for a permit for use of water, and pay for the same such rates as are herebefore prescribed, said water to be used only upon such conditions and un-,der such restrictions as may be imposed by the Board of Trustees: CLASS XII. MANUFACTORY RATES. All manufactories or other establishments using large quaiv-ties of water, not especially embraced in the tariff of rates, as : Breweries, book-binderies, brick-yards, condensing water for steam engines, confectioneries, distilleries, dye-houses and scouring, hydraulic elevators, hat factories, malt houses, printing offices, packing houses, public hospitals and other public institutions and buildings, R. R. engines and round houses, R. R. passenger and freight depots, rectifying establishments, rendering, slaughtering houses, sugar refineries, steamboats, soap factories, soda and other prepared water factories, tanneries, vinegar factories, wool washing, etc., shall be controlled by water meters, or assessed such rates for general uses of water, and for all fixtures for special uses of water, as are prescribed elsewhere for similar purposes. For purposes not specified in the foregoing tariff rates, and for peculiar or extraordinary purposes, the rates and conditions for the use of water shall be subject to special permit and contract by and with the Board of Trustees. CLASS XIII. FIRE PROTECTION ONLY. In all cases where any building is now, or hereafter shall be, erected upon any lot in the Town of Cicero, which lot frontsTOWN OF CICERO. 81 upon, or is bounded by, any street or public highway of the Town of Cicero, through which street or highway any public water supply pipe is laid, there shall be paid to the Town of Cicero, by the owner or occupant of such building, the water rates provided by the ordinances of said Town; provided, however, that in all cases where said building and the premises on which it stands are not connected with any such water supply pipe, the owner or occupant of such building shall pay to the Town, for fire protection, one-third of the frontage rates for such building, as fixed by this chapter. CLASS XIV. CHURCHES All buildings used' exclusively for public worship shall be exempt from water tax, whether for fire protection or water supplied. 95- § 3* No person or persons shall pollute or in any man- ner attempt to pollute the water in any artesian well or in any reservoir or pumping well, or the water in any pipes within the Town of Cicen>, under a penalty of not less than ten dollars nor more than one hundred dollars for each and every offense. 96. § 4. All hydrants erected and connected with the water system belonging to the Town of Cicero, for the purpose of extinguishing fires in said Town, are hereby declared to be public hydrants, and no person or persons (other than the members of the fire department of said Town, for the uses and purposes of said department, and those specially authorized by said Town) shall open any of said hydrants or attempt to draw water from the same, except for extinguishing fires, or in any manner interfere with or injure any of said hydrants, under a penalty of not less than ten dollars nor exceeding one hundred dollars for each and every offense.82 ORDINANCES OF THE 97. § 5. Any person or persons who shall wilfully or carelessly break or injure any of the public hydrants or shall pollute or unnecessarily waste the water at ainy such hydrants, shall on conviction be fined in a sum not less than ten dollars, nor exceeding one hundred dollars, for each and every offense. 98. § 6. All water takers must be governed by the following rules and regulations : 1. All persons taking the water shall keep their own service pipes, stop cocks and apparatus in good repair and protected from frost at their own expense, and shall prevent all unnecessary waste of water; and it is expressly stipulated by the Town that no claim shall be made against it by reason of the breaking of any service cock or service pipe. 2. No hydrants will be permitted' to- be kept running when not in actual use for fire purposes, and all faucets at wash basins, water closets, baths or for any other purpose must be kept closed when not in actual use. 3. The proper officers and agents of the town, when delegated for that purpose, must have free access at proper hours of the day to all parts of every building in which water is delivered and consumed, to examine the pipes and1 fixtures, and to ascertain whether there is any unnecessary waste of water. 4. Water rates must be paid semi-annually in advance on the first days of May and November at the office of Town Clerk. If not paid at his office within thirty days thereafter, ten per cent, will be added for the expenses of collection, and thereafter all rents or assessments remaining unpaid will be collected in the manner provided by law. 5. In all cases where a permit is issued for the erection of any building or for the laying of any concrete sidewalk or macadam, concrete or asphalt pavement, or for the making of any other improvement located in a district of the Town of CiceroTOWN OF CICERO. 83 having water mains, and requiring the use of water to be taken from such mains, there shall be first paid by the party applying for such permit, and prior to the issuance of the same, a sum, sufficient to pay for such water so to be used, at the rates established by the Board of Trustees of the Town of Cicero. 6. For a violation of any of the preceding rules and regulations the said Town reserves the right to stop the supply of water without notice; nor will it be restored except upon payment of the expense of shutting it off and turning it on, and upon a satisfactory understanding with the party that no future cause of complaint shall arise. 99. § 7. No tap of larger internal diameter than one-half inch shall be made in any water pipe owned or controlled by the Town of Cicero, except where the water to be supplied through such tap is measured by water meter and paid for at meter measurement in conformity to this ordinance. No person except the tappers employed by the Town shall be permitted under any circumstances to tap the street main or insert stop cocks or ferrules therein; all service cocks or ferrules must be inserted at or near the center of the upper half of the street main, and not in any case nearer than six inches from the bell of the pipe; the size of the cock to be inserted shall be sufficient to supply the specified purposes. 100. § 8. In making excavations in streets, alleys or highways for the laying of service pipes or making repairs or for any other purpose, the paving material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to the public and with ample provision for the passage of water along the gutter, and a safe passage way for foot travel. 101. § 9. No lead pipe shall be used in any work done under the authority of the Town of Cicero, except such as known to the trade as “strong,” and must weigh as follows:84 ORDINANCES OF THE Half-inch internal diameter if lbs. per lineal foot Five-eighths “ tt 2Í tt a a a Three-fourth “ tt 3 ft a a a One-inch “ tt 4 it a a tt One and one-fourth tt 4* if a a << One and one-half a 6 it a a u No pipe shall be used for the purpose of street different material or size than herein specified, except by special permit. 102. § io. All service pipes leading from the street main to the building line shall, so far as practicable, be laid in the ground to a depth of not less than five feet, and said pipe shall be laid in such manner and be of such surplus length as to prevent breakage or rupture by settlement, and all joints in said pipes must be of the kind termed “plumber or wiped joints.” The connections of pipe by the so-called “cup joint” is prohibited. 103. § 11. Every service pipe must be providrd with a stop and waste cock for each consumer, easily accessible, placed beyond damage by frost, and so situated that the water can be conveniently shut off and drained from the pipes. 104. § 12. Said stop cocks, unless otherwise specially permitted, shall be connected to service pipes within the sidewalk, at or near the curb line of the same, and being inclosed in and protected by a cast-iron box, with a cover having the letter “W” and “the Town of Cicero,” of suitable size, cast thereon; said iron box must be of form and dimensions satisfactory to the Town of Cicero, and must extend from service pipe to surface of sidewalk, and be of proper size to admit a stop key for operating the stop cock. 105. § I3- Whenever two or more distinct buildings or premises are to be supplied by means of branch or sub-service pipes, supplied by a single tap in the street main, each branch must be independently arranged with stop cock and box on the curb line in the manner above described. All cocks used at theTOWN OF CICERO. 85 sidewalks by licensed plumbers shall be of the kind known as “round water way.” 106. § 14. Before filling the trench, the service cock in the street main must be covered with a suitable cast-iron box furnished by the Town, the earth must be well rammed under the main, to a level of the top thereof, from thence the trench must be filled in layers of not more than six inches in depth, and each layer thoroughly rammed or puddled to prevent settlement. In all cases where the street to be opened has been paved, a sufficient amount of money by the party requesting the service pipe must be deposited with the Town to cover the expense of opening and restoring the street. No paved street will be opened for the tapping of mains or laying of service pipes when the ground is frozen to a depth of twelve inches or more, except when in the opinion of the Town there is a sufficient emergency to justify it. 107. § 15. Any person who shall turn on the supply of water to any premises from which the supply has been, on account of non-payment of water rent, or for any other cause, turned' off by the Town, without first having obtained a permit so to do from the town, shall be subj ect to a fine of not less than ten dollars nor more than two hundred dollars, and liable to be excluded from using water for twelve months thereafter. 108. § 16. No person shall in any manner obstruct the access to any stop cock connected with any pipe within any street, alley or common of said Town, by means of any lumber, brick, building material or other article, thing or hindrance whatsoever, under a penalty of not less than five dollars nor more than fifty dollars. 109. § 17. Any person who shall violate any or either of the rules and regulations for the government of water takers not otherwise specified herein, shall, on conviction, in addition to the enforcement of the forfeitures, liabilities, stipulations and reserva-tions, pay a fine of not less than three dollars nor more than fifty dollars.86 ORDINANCES OF THE CHAPTER XIII. HEALTH DEPARTMENT. 110. § 1. Health Commissioner; Duties; Commissioner of Public Works to act. 111. § 2. Arrest Progress of Contagious Disease. 112. § 8. Smallpox, etc.; Vaccination and other Sanitary Measures. 111. § 4. Health Regulations: Reg. 1. Sick entering Town. Reg. 2. Duties of Citizens to Report Disease: a. To notify Town officer. b. To employ physician. c. Warning by card. d. No one allowed to enter premises. e. Confining family to premises. /. Disinfecting. g. Burial of the dead. Reg. 3. Duties of Physicians. Reg. 4. Physicians to enforce Regulations. Reg. 5. Duties of Police. Reg. 6 Vaccination provided for. Reg 7. Health Officers Reg. 8. Health Officers to abate nuisances. Reg. 9. Health Officers to examine sick and cause their removal. Reg. 19. Resisting removal of sick; Penalty. Reg. 11. Health Officers empowered to force removal of sick. Reg. 12. Compensation for property destroyed. Reg. 13. Owners or occupants to report disease. Reg. 14. Penalty. no. § i. There is hereby created an Executive Department of the Town of Cicero, to be known as the Health Department, which department shall be in charge of the Health Commissioner, who shall have charge and control of such departmentTOWN OF CICERO. 87 subject to the ordinances of the Town of Cicero and the rules and regulations of the Board of Trustees. Until such time as a Health Commissioner shall be appointed, the Commissioner of Public Works shall be also the Health Commissioner of the Town of Cicero. hi. § 2. Whenever the Health Commissioner shall hear of the existence of any malignant, contagious or pestilential disease, he shall investigate the same and take measures to arrest its progress. 112. § 3. The said Health Commissioner may take such measures as he may from time to time deem necessary to prevent the spread of the smallpox or other pestilential disease, by issuing an order requiring all persons in said Town of Cicero, or any part thereof, to be vaccinated within such time as he shall prescribe, or to conform to such other sanitary regulations as may be established by the Board of Trustees. 113. § 4. The following regulations are hereby adopted: Regulation 1. No person sick with cholera, smallpox or other contagious disease, or known to have been within ten days exposed to the same, shall be permitted to enter or become a resident of this Town. Regulation 2. In all cases as soon as it becomes known that any person is suffering from such disease, it shall be the duty of the family of such diseased person, or of the keeper of any boarding-house or hotel in which such diseased person may be, (a) To notify one of the members of the Board of Trustees, or a policeman of the Town, or a physician employed by the Town, of the fact of such disease, and the place or house where the sick person may be found. (b) To employ a physician to attend the person sick, who may be either a physician appointed by the Town to attend to such cases, or any other physician in good standing; provided88 ORDINANCES OF THE that the Town shall in no case be chargeable for the medical services of such physician, unless he be regularly appointed or employed by the Board of Trustees, or shall have been requested by a member of said Board to attend to the case at the expense of the Town. (c) To put up and keep up cards or printed posters or notices either on the front of the house or on the street side of the fence in front of the house where the disease exists, warning the public of the presence of such disease. (d) To allow no person except the physician and one other, who may be designated as nurse, to enter the house where the disease exists, or, if a member of the family actually residing in the house at the time, to enter the room where the sick person is. (e) To allow no member of the family or resident of the house where the disease exists, to go out of said house beyond the yard or premises belonging to said house, except one, who, by permission of the physicians or a policeman or member of the Board of Trustees, may be appointed to procure food and other necessaries for the family, and who shall in no case wear the same outside clothing off said premises as when on. (f) To place and keep in the different rooms of the house where the disease exists, and around the premises, such disinfectants as may be designated by the physician or any member of the Board of Trustees; and to disinfect all bedding and clothing used by or about the sick person before exposing the same or using for other purposes. (g) In case of death from disease, to bury the dead within twelve hours after death, or within one hour after death to notify a physician in the employ of the Town, or a policeman or Trustee, of his or their inability to do so, and request that the deceased be buried by or at the expense of the Town. Regulation 3. It shall be the duty of every physicianTOWN OF CICERO. 89 practicing in said Town, and of all other persons, to notify either a member of the Board of Trustees or a policeman of said Town, of all cases of infectious diseases, and of all deaths from the same, of which he may become cognizant, and also of any breach or neglect of these regulations. Regulation 4. It shall be the duty of every physician employed by the Town to enforce all these regulations, and in cases of neglect to use the proper disinfectants, or to put up proper notices; to cause the same to be done at the expense of the Town; to visit all sick of such diseases at least once in two days, unless other physicians be employed, and to investigate all cases of such disease reported to him and ascertain whether it is infectious. Regulation 5. It shall be the duty of every policeman employed by the Town to endeavor to obtain information of the existence of such diseases, and to report the same at once to a member of the Board of Trustees, and in all cases of such disease to enforce diligently all the above regulations, and to procure coffins and employ persons to bury the dead when not done by their friends within the prescribed time, or when notified of the inability of their friends to do so, and also to remove to the pest house any homeless person, or other person desiring it, who may be suffering from such disease. Regulation 6. It shall be the duty of all persons residing or being in said Town to become vaccinated within such time as they may be so ordered by any member of the Board of Trustees thereof; provided, it shall be the duty of the Board to provide, at the expense of the Town, for the vaccination of all persons residing in said Town who are unable to pay for such vaccination. Regulation 7. The President, each member of the Board of Trustees of said Town, the Town Superintendent, each regularly salaried member of the fire companies, and every police90 ORDINANCES OF THE officer of the Town of Cicero* within his “beat,” are hereby declared to be health officers of said Town, and as such it shall be their duty to carry out all the orders of the said Boaid of Trustees, and the laws of the State and the ordinances of the Town; and also to proceed, from time to time, to make a thorough and systematic examination of the Town, and to cause all nuisances to be abated with all reasonable promptness; and for the purpose of carrying out the foregoing requirements, each of such Trustees and other persons above designated shall be permitted at all times, from the rising to the setting of the sun, to enter into any house, store, stable, cattle pen, pig pen, or other building or enclosure, and to cause all floors to be raised, if he shall deem it necessary, in order to make a thorough examination of the same, and the cellars, vaults, sinks or drains thereof; to enter all lots or grounds, and to cause all stagnant waters to be drained off; the pools, sinks, vaults, drains or low grounds to be cleansed or kept in good condition, and to cause all dead animals or other nauseous or unwholesome thing to be buried or removed beyond the limits of the Town. Regulation 8. In order to carry out the provisions of the foregoing regulations, any one of said health officers may serve a notice, in writing, upon the owner, occupant or agent of any lot or building or premises in or upon which any nuisance may be found, and thereby require the person or persons on whom the same is served to abate such nuisance in such manner as shall be therein prescribed, and within a reasonable time. Provided, it shall not be necessary for any such officer to specify in his notice the manner in which any nuisance shall be abated, unless he shall deem it advisable so to do; and such notice may be given or served by any person, by delivering the same to the parson to whom it is directed; and if such owner, occupant or agent shall neglect or refuse to comply with requirements of such notice within the time specified, he, she or they shallTOWN OF CICERO. 91 be subject to a fine of not more than one hundred dollars; and it shall be the duty of the health officer who gave such notice to proceed at once, upon the expiration of the time specified in said notice to cause such nuisance to be abated. Provided, however, that when the owner or agent of any premises in or upon which any nuisance may be found is unknown or cannot be found, any such Trustee shall proceed to abate such nuisance without notice. Regulation 9. It shall be the duty of each of such health and other officers to visit and examine all sick persons who are reported to him as laboring or supposed to be laboring under any yellow fever, ship fever, smallpox, cholera or any contagious, infectious or pestilential disease, and to cause all persons so laboring under any such disease to be removed to the cholera, smallpox or other hospital, or to such other safe and proper place as he may think fit, not exceeding three miles from said Town, and cause them to be provided with suitable nurses and medical attendance, at their own expense, if they are able to pay the same, but if not, then at the expense of the Town. Regulation 10. If any person or persons shall resist or oppose the removal of any person affected with any of the aforementioned or any other contagious, infectious or pestilential disease, the person or persons so offending shall be fined not to exceed the sum of one hundred dollars. Regulation 11. Whenever it shall become necessary, in order to make the removal of any person affected with any such infectious or pestilential disease as hereinbefore provided for, any of the Trustees of said Town, or other health officer, is hereby authorized, empowered and commanded to break open the door or doors of any house in which such sick person is, and to use such force as may be necessary to affect such removal, and disinfect or burn or bury such clothing, bedding or furniture as they may deem necessary for the public health, and all police-92 ORDINANCES OF THE men in said Town shall aid such Trustee in so doing when called on by him. Regulation 12. The Trustees may cause reasonable compensation to be paid for such furniture, clothing and bedding as they may cause to be destroyed. Regulation 13. No person shall put out or remove, or allow to be put out or removed, from the premises or place occupied by him into any street, alley or other place in said Town, any person having the smallpox or any of the aforesaid diseases, or any other contagious, infectious or pestilential disease; but such owner or occupant shall immediately report such case to one of the Trustees or policemen of said Town. Regulation 14. Any person who shall violate any of the foregoing regulations and provisions, shall, on conviction thereof, be fined not to exceed one hundred dollars.TOWN OF CICERO. 93 CHAPTER XIV. SPECIAL ASSESSMENT DEPARTMENT. 114:. § 1* Superintendent of Special Assessment. 115. § 2. Superintendent’s Duties. 116. § 8. Records of the Department; Assessment and Condemnation Proceedings. 117. § 4. To verify estimates. 118. § 5. Preparation and Verification of Copies of Special Assessment Roll. 119. § 6. Office Honrs to be regulated by the Board. 120. § 7. Further Duties prescribed by Trustees. 121. § 8. Rebating balances in Special Assessment funds; Notice; Pub- lication. 122. § 9. Rebate Docket; Superintendent’s Certificate; Town Clerk’s Warrants. 128. § 10. Town Clerk to record rebate Warrants; Report to Board. 124. § 11. Annual Report. 125. § 12. Sec. 54, Art. IX, of Special Assessment Act adopted. 126. § 18. Improvement Bonds to anticipate deferred installments. 127. § 14. Interest on Bonds; Not issued until work completed; Form of Bond. 128. § 15. Sale of Bonds; Payment to Contractors. 129. § 16. Bonds issued in accordance with Act of 1898. 114. § 1. The Superintendent of Special Assessments shall have charge and control of the special assessment department, subject to the ordinances of the Town and the direction of the Board of Trustees. 115. § 2. Such officers shall be appointed in the same manner as the other officers of the said Town are appointed, and he shall be subject to the provisions of all ordinances relating to such appointment, and shall give a bond in the sum of not less than one thousand dollars, conditioned for the faithful discharge of his duties.94 ORDINANCES OF THE 116. § 3. It shall be the duty of said Superintendent to keep complete records of the work of said department. He shall have charge of all proceedings in reference to special assessments, including all assessments for public improvements, subject to the direction of the Town Attorney. He shall keep a docket of all assessments and condemnations and a record of court proceedings relating thereto. 117. § 4. He shall verify all estimates in special assessment proceedings before the same are submitted to the Board of Trustees for its action thereon. 118. § 5. He shall have prepared and kept at his office copies of all assessment rolls, such copies to be prepared, inspected and verified by said Superintendent before the original assessment rolls shall be filed in court. 119. § 6. He shall attend and give his whole time and attention to the work of his department. 120. § 7. He shall perform all such further duties as the Board of Trustees shall from time to time prescribe. 121. § 8. When it shall appear from the books and rec^ ords of the Town that all the costs and expenses of any improvement which has been made by special assessment have been paid and satisfied, and all assessments therefor collected, and that there has been a sum of money collected over and above the entire cost of such improvement, it shall be the duty of such superintendent to report to the Board of Trustees such fact, and state in writing the amount of such excess. Upon such report being made, the Board of Trustees, being satisfied of such facts, shall order warrants drawn in favor of the person or persons entitled thereto for said sum of money, and thereupon said superintendent shall notify the owners of the land assessed for such improvements, by mail, of the proposed rebate, such notices to be mailed to such persons as appear, by the assessment rolls and records of said department, to be such owners. Publication shallTOWN OF CICERO. 95 also be made in some newspaper published in said Town of such special assessment rebates proposed to be made. 122. § 9. Upon the Board of Trustees ordering a rebate as aforesaid, the said superintendent shall enter in a rebate docket said assessments, and each installment thereof if any, with the description'of the property and the amount assessed to each and every lot, block, piece or parcel of land, and shall extend opposite each and every lot or parcel of land, its pro rata share of such rebate. Upon the presentation of the tax receipts showing the payment of such special assessment, or installments of the same if any, the said superintendent shall issue a certificate to the Town Clerk that the person so paying said assessment, or any installment thereof if any, is entitled to such rebate, on such assessment or installment thereof, showing in said certificate the description of said property and the amount of the rebate. Upon the presentation of such certificates the Town Clerk shall deliver corresponding warrants to the respective parties entitled thereto, taking the receipts therefor. 123. § 10. It shall be the duty of the Town Clerk to keep an account of each and every assessment and of the warrants paid out as hereinbefore required, and report in writing to the Board of Trustees all warrants issued, and whenever the full amount of any such rebate has been paid out he shall also report such fact to the Board of Trustees in writing. 124. § 11. The Superintendent of Special Assessments shall, on or before the first meeting of the Board of Trustees in April in each year, make a report in writing to said Board of all special assessments and condemnations spread by him during the preceding year, and their condition at the time of such report, and shall also show what rebates of special assessments have been made or are in process of payment, and the progress or final disposition thereof, the cost of spreading each special assessment; the total cost of spreading all the assessments spread in96 ORDINANCES OF THE his office during said year, and shall give such other information concerning the interests of his department as he may deem necessary or proper, or which may be required by the Board of Trustees. 125. § 12. That the Town of Cicero, in accordance with Section 54 of Article IX of an Act' entitled “An Act to provide for the incorporation of cities and villages,” approved April 10, 1872, which empowers any city or" incorporated town or village, if it shall so determine by ordinance, to adopt the provisions of said Article Nine (9), and thus obtain the right to take all proceedings in said Article provided for, and have the benefit of all the proceedings thereof, does hereby determine to adopt, and does hereby adopt, all the provisions of said Article Nine (9), together with all amendments to said Article now in force, and also all amendments to the same which at any time hereafter may be adopted by the general assembly of the State of Illinois. 126. § 13. That hereafter whenever the Board of Trustees of the Town of Cicero shall order the issuance of improvement bonds to anticipate the collection of the second and succeeding installments of any special assessment of said Town, such bonds shall be issued in the form and manner hereinafter prescribed, unless otherwise specially provided in the ordinance or resolution directing the issuance of said bonds. 127. § 14. All bond's issued for the aforesaid purpose shall, unless otherwise directed as above, draw interest from their date at the rate of six per centum per annum, payable annually, and shall be divided into as many series as there are deferred installments, the first of such series to become due on the 15th day of December following the date of their issue, the second series to become due on the 15th day of December next thereafter, and soTOWN OF CICERO. 97 on; the first of such series shall be payable out of the second installment of such special assessment when c Elected, the second shall be payable out of the third of such installments when collected, the third shall be payable out of the fourth of such installments when collected, and the fourth shall be payable out of the fifth of such installments when collected, and so on. All such bonds shall be signed by the President of the Town of Cicero, attested by the Town Clerk, and shall have the seal of said Town attached, shall be payable at the office of the Town Treasurer, and shall be redeemable at the option of said Town at the time of any annual payment of interest, upon twenty days’ previous notice being given by publication in a newspaper published in said Cook County. Such bonds shall be in substantially the following form: State of Illinois, County of Cook. $............. Series (Name) TOWN OF CICERO IMPROVEMENT BOND. Bond No.. The Town of Cicero, in Cook County, Illinois, for value received, promises to pay to bearer on the 15th day of December, A. D........, the sum of..............................Dollars, with interest thereon from date hereof, at the rate of six per cent, per annum, payable annually on presentation of the coupons hereto annexed. Both principal and interest of this bond are payable at the office of the Treasurer of said Town of Cicero. This bond is issued to anticipate the collection of a part of the .... installment of special assessment No....... levied for the purpose of ............................................ , which said installment bears interest from the.....day of............, A. D........, and this bond and the interest thereon are payable solely out of said installment when collected. Dated this 15th day of December, A. D..........98 ORDINANCES OF THE Said bonds shall have coupons attached, signed by the President, and attested by the Town Clerk, which shall state the bond (o which they respectively belong, and' the assessment and installment out of which they are payable. Said bonds shall be issued in sums of One Hundred Dollars ($100.00) or some multiple thereof, not exceeding One Thousand Dollars ($1,000.00), and shall not be dated or issued until at least ninety days after the installment out of which they are respectively payable begins to draw interest, the date of issuing to be determined by the President of said Town. Provided, however, that no such bond shall be issued nor dated nor the interest begin to run thereon until the work for which it is payable has been completed and accepted by the Town. Each bond shall state upon its face out of which installment it is payable, and shall state by number or other proper designation the assessment to which sue]: installment belongs. Such bonds shall not exceed the aggregate amount of such deferred payment, and shall be payable solely out of the installment to which they respectively belong when collected. 128 § 15. All bonds when so executed and issued by said President and Town Clerk shall be delivered to the Treasurer of the Town of Cicero, who shall, as directed by the order of the Board of Trustees, sell all or any part of the same, or pay the same to the contractor having the contract for the improvement for which said assessment may be levied. Such sales and such payments to be made at such times and at such rates as said Board of Trustees shall determine, but not in any event, whether sold or paid to the contractor, at less than par value. The proceeds of such bonds as may be sold shall be paid to the Town Treasurer of the Town of Cicero, and by him applied to the payment of the respective improvements. 129 § 16. All such bonds shall be issued in accordance with an Act of the General Assembly of the State of Illinois, en-TOWN Of1 CICERO. 99 titled “An Act to authorize the division of special assessments in cities, towns and villages into installments, and authorizing the issuing of bonds to anticipate the collection of the deferred installments,” approved June 17, 1893, together with all amendments thereto now in force, and also all amendments to the same which at any time hereafter may be adopted by the General Assembly of the State of Illinois. P. 116.100 ORDINANCES OF THE CHAPTER XV. STREET LIGHTING DEPARTMENT. ISO. § 1. Department created. 131. § 2. Superintendent of Street Lighting; Commissioner of Pubiic Works to act. 1S2. § S. Superintendent Appointed. 183. § 4. Superintendent’s Duties. 134. § 5. Employes and?Assistants. 135. § 6. Annual Report; Other Reports. 136. § 7. Superintendent’s Entire Time Required. 137. § 8. Other Duties Required by Trustees. 130 § 1. There is hereby created an executive department of the government of the Town of Cicero to be known as Street Lighting Department. 131 § 2. This department shall be under the management and control of the Superintendent of Street Lighting, subject to the order and direction of the Board of Trustees. Until such time as may be directed by the Board of Trustees, all the duties of Superintendent of Street Lighting shall be performed by the Commissioner of Public Works. 132 § 3. Said Superintendent shall be appointed by the President by and with the consent of the Board of Trustees. 133 § 4* Said Superintendent shall have the care, management, operation and control of all lamps, wires, poles, machinery and personal property of the Town used for the purpose of or in and about the lighting of the streets, avenues, alleys and other public places in the Town, subject to the direction of the Board of Trustees and the supervision of the commissioner of Public Works. 134 § 5. All employes and assistants in said departmentTOWN OF CICERO. 101 shall be under the direction and supervision of said Superintendent, subject to the direction of the Board of Trustees and the supervision of the Commissioner of Public Works. 135 § 6. Said Superintendent shall, at the first meeting of the Board of Trustees in April of each and every year, make a report in writing to the Board of Trustees of the work and transactions of his department for the preceding fiscal year, and shall from time to time, when required by said Board, make such reports, in writing or otherwise, with reference to his department ts said Board shall direct or the said Commissioner require. 136 § 7. Said Superintendent shall give his entire time and attention to the work of his department. 137 § 8. Said Superintendent shall perform such other duties as the Board of Trustees shall from time to time direct, oy resolution or ordinance.103 ORDINANCES OF THE CHAPTER XVI. POUND MASTERS. 188. § 1. Duties. 189. § 2. Bond. 138 § 1. The duties of each Pound Master shall be such as are prescribed by the chapter of these ordinances entitled “Animals,” and such further duties as are now or may hereafter be prescribed by ordinance. 139 § 2. Each Pound Master shall execute a bond in the penal sum of One Thousand Dollars with sureties to1 be approved by the Board of Trustees conditioned for the faithful discharge of his duties.TOWN OF CICERO. 103 CHAPTER XVII. TOWN OFFICERS. 140. § 1. List of appointive officers; suspension; removal. 141. § 2. Other appointments. 142. § 3. Term of appointive officers. 148. § 4. Oath of office. 144. § 5. Bonds. 145. § 6. Time for filing Bonds. 146. § 7. Salaries to be fixed by Board; salaries to be paid monthly. 147. § 8. Fees. 148. § 0. Officer to deliver records to successor. 149. § 10. Board to prescribe further duties. 150. § 11. Records to be open to inspection of Town Board; reports. 140 § 1. The President of the Town of Cicero shall at the first regular meeting of the Board of Trustees after the annual election in each year, or as soon thereafter as convenient, appoint, with the advice and consent of the Board of Trustees, the following town officers of said Town, to wit: Town Attorney. Commissioner of Public Works. Town Engineer. Town Superintendent. Captain of Police. Superintendent of Special Assessments. Three or more Pound Masters. And all such appointees may from time to time be suspended or removed from office for good and sufficient cause, and all vacancies may be filled as provided by law. The appointments so made shall be for the term of one year. 141 § 2. The President of said Town shall, with the advice and consent of the Board of Trustees, also make such other appointments from time to time as is directed by law, and shall104 ORDINANCES OF THE also appoint such officers as shall from time to time be prescribed for said Town by the Board of Trustees. 142 § 3. All officers elected or appointed by the President, whose term of office is not otherwise expressly provided for by law, shall hold their respective offices for the term of one year from the first day of May next succeeding the general election for Town officers, and until their successors are appointed and qualified. 143 § 4. All officers of the Town, whether elected or appointed, shall, before entering upon the duties of their respective offices, file their official bonds, where bonds are required, and take and subscribe to the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of.........................according to the best of my ability. Which oath or affirmation, so subscribed, shall be filed in the office of the Town Clerk. 144 § 5. The bond of each officer, from whom a bond is required, shall be executed to the Town of Cicero, with two or more sureties, conditioned for the faithful performance of the duties of his office, and the payment to the proper officers of all moneys coming into his hands by virtue of his office and in conformity with the statutes and laws of the State of Illinois. Such sureties shall justify separately, on the back of the bond, that they are respectively worth the sums stated in their respective justifications, over and above all debts and liabilities by them owing or incurred, or for which their property is liable or incumbered at the time of justification, and over and above all exemptions by law of their property from execution. The sums stated in such justifications on the bond of any officer shall, in the aggregate amount to the penalty of such bond.TOWN OF CICERO. 105 The execution of such bond shall be acknowledged by the officer and his sureties before some person authorized to take the acknowledgment of deeds, and a certificate of such acknowledgment made thereon; after the approval of the bond by the Board of Trustees, the Clerk shall endorse thereon the date of its approval and file the same. 145 § 6. No officer shall be commissioned until he has given his bond, where such bond is required by law or ordinance, and if he does not take the oath or affirmation, and present said bond to the said clerk within ten days after notification by the Clerk of his election or apointment, his office shall become vacant. 146 § 7. The salaries or compensation of all officers, clerks and employes of the Town shall be determined and fixed by the Board of Trustees in the annual appropriation bill or by ordinance. The salaries and pay of all officers and employes shall be paid monthly to each person entitled thereto by warrant drawn upon the respective funds appropriated therefor. 147 § 8. Any town officer upon whom devolves the performance of the duties prescribed by law or ordinance is hereby authorized to* demand and receive as fees for the use of the Town (except where provision is herein made to the contrary) : For transferring each license, fifty cents. For taking bond on such transfer, fifty cents. For each deed for real estate issued by the City, two dollars. For the use of the corporate seal on any attestation, acknowledgment or other certificate, twenty-five cents. Administering oath and attesting the same, twenty-five cents. For certified copies of any record, each one hundred words, twenty-five cents. 148 § 9. Any person having been an officer or employe of the Town shall, within ten days after notification and request, deliver to his successor in office all property, books and effects of106 OKDINANCES OF THE every description in his possession belonging to said Town, or appertaining to his office. 148 § 10. Each officer, besides the specific duties which he may be required to do by virtue of his said office, shall also1 perform such other and further duties, and be subect to such rules and regulations as the Board of Trustees may, from time to time, require, or by ordinance provide and establish. 150 § 11. All books, papers, vouchers, warrants, entries, accounts and memoranda of each and every officer and employe of the Town may be examined' at any time by the President or any member of the Board of Trustees, and the Board of Trustees may, by resolution, call upon any officer to make a report in writing of any subject-matter which said Board of Trustees may designate in such resolution, and within such time as said resolution may prescribe.TOWN OF CICEEO. 107 CHAPTER XVIII. TOWN WEIGHERS ; WEIGHTS AND MEASURES ; TOWN SEALER. 151. §1. 152. §2. 158. §8. 154- §4. 155. §5. 156. § 6. 157. §7. 158. § 8. 159. § 9- 160. §10. 161. §11. 162. § 12. 168. §18. 164. §14. 165. § 15. 166. §16. 167. §17. 168. §18. 169. §19. 170. §20. 171. §21. Town Weighers. Bond. Scales. Scales adjusted and sealed; duties of weighers. Deputies. Hours of attendance at scales. Fees; record of weights; certificate. Record book; contents of certificate. Vehicle must be wieghed after each load. Altering certificate. President may examine records. Weights and measures regulated. Standards procured; testing. Town Sealer of Weights and Measures; Commissioner of Public Works to act. Duties of Sealer. All scales in the Town examined and sealed; refusal to exhibit scales; etc. Altering scales or weights. Fees. Office hours; keep register; report to Trustees. Peddlers scales. Penalty. 151 § 1. The president shall from time to time appoint as many and such persons to be town weighers as he may think proper and may remove them at his pleasure. 152 § 2. Every town weigher shall, for the faithful performance of his duties, execute a bond to the Town of Cicero in the sum of five hundred dollars with securities to be approved by the Board of Trustees conditioned for the faithful performance of his duties. 153 § 3- Each of said weighers so appointed shall provide his own scales which shall be of the most approved pattern108 ORDINANCES OF THE in use, and shall locate them, and keep them properly adjusted and repaired' at his own expense. 154 §4. It shall be the duty of the weighers so appointed to have their scales adjusted and sealed by the sealer of weights and measures at least once in every three months and oftener, if required. It shall further be their duty to weigh any coal, hay or other article, when so requested by the person or persons bringing the same. 155 § 5- The weighers so appointed shall have power to appoint all necessary deputies to attend said scales and the official bond of said weigher shall be holden and answerable for the acts of said deputies. 156 § 6. Said weigher shall either in person or by such deputy be present at his individual scales during all reasonable hours each day, Sundays and public holidays excepted. 157 § 7- The said weighers shall be allowed to charge and receive ten cents for every load or part of a load 01 other article of any kind or nature whatsoever weighed by them and shall keep an account of the weight of every load by them weighed and shall furnish to the person having such load weighed a certificate for each load, which certificate shall contain the gross and net weight of each load weighed by them. 158 § 8. The said town weighers shall severally provide themselves with, and each shall keep a book in which he shall enter the amount of each load and the name of each person for whom and the date when the same was weighed and when the vehicle and load shall be weighed together, the town weigher’s certificate shall state the gross weight thereof, and upon the sale or delivery of said load the vehicle shall again be weighed without charge of the town weigher who weighed the original load, and thus the net weight of the load be ascertained. 159 § 9- I*1 no case shall any town weigher state in his said certificate the weight of any vehicle which may have beenTOWN OF CICERO. 109 weighed, with any load until such town weigher shall have ascertained the weight of such vehicle by actually personally weighing the same on his said scales. 160 § io. No person shall alter any certificate of any town weigher or use or attempt to> use the same for any other load or parcel than the one for which the same was given, nor after the weighing and before the sale and delivery of any load or parcel diminish the quantity thereof. 161 § 11. The president of the town shall be permitted by himself or his agent to examine at his pleasure the books required as aforesaid to be kept by the town weighers. 162 § 12. There shall be a regulation of weights and measures in the Town of Cicero, and the standard adopted by the State of Illinois shall be the test by which they shall be compared and determined. 163 § 13. The president, at the expense of the town, shall procure correct and approved standards of weights and measures with their necessary subdivision, together with the proper beams and scales for the purpose of testing and proving by said standards the weights and measures in the Town. 164 § 14. The Board of Trustees, during the month of April in each year, or as soon thereafter as may be, shall appoint p sealer of weights and measures, who shall hold office during the pleasure of said Board. Until such time as a sealer shall be appointed the Commissioner of Public Works shall be the sealer of weights and measures and perform all the duties required by ordinance of the sealer of weights and measures. § 15. It shall be the duty of the sealer of weights and measures at least once in every year to examine and test the accuracy of all weights, measures, scales, or other instruments or things used by any person for weighing or measuring any article for sale in said Town; to stamp with a suitable seal all weights, measures and scales sc used which he may find correct, and de-110 ORDINANCES OF THE liver to the owner thereof a certificate of their accuracy; to condemn all weights, measures and scales which he may find incorrect on such inspection, and to cause the owner thereof to have them immediately corrected and made comformable to said standard. 166 § 16. No person shall make use of any weight, scale, measure or other instrument or thing for weighing or measuring any article for sale in the Town until the same has been examined and sealed by the sealer of weights and measures, nor after the same has been condemned by said sealer. No person shall refuse to exhibit any weights, measures, scales, instruments or things for weighing or measuring to the sealer of weights and measures for the purpose of examination and inspection, nor obstruct or hinder him in the performance of his duties. 166 § 17. No person shall alter any weights, measures, scales or instruments which have been sealed, causing the same to weigh or measure incorrectly. 168 § 18. The sealer of Weights and Measures shall be allowed to demand and receive of the person for whom he shall perform service the following fees and compensation: (1.) For inspecting and sealing hay, coal, dormant, depot and hopper scales each one dollar. (2.) For inspecting and sealing scales or beams of greater capacity than above enumerated, each, two dollars. (3.) For inspecting and sealing any kind of scales or beams other than above enumerated, each, twenty-five cents; and with each scale sealed by him he shall inspect and seal one set of weights without any additional charge or compensation. (4.) For inspecting and sealing any dry measure, each, five cents. (5.) For inspecting and sealing liquid measures of a capacity of five gallons and upwards, each, ten cents, and of a less capacity, each, five cents.TOWN OF CICERO. Ill (6.) For inspecting and sealing any board or cloth measure each five cents, and in every case where he may, at the request of the owner, employ labor or material in making any scale, weight or measure accurate, he shall be entitled to a just compensation therefor. 169 § 19. It shall be the duty of said sealer of weights and measures to establish and keep an office onen at least one hour per day or evening between 7 a. m. and 5 p. m., within the limits of the Town, and to designate by card or otherwise the time during which he may be found in such office; and it shall be his duty to make a regular register of all weights, measures, scales, beams, instruments or things inspected by him, in which be shall state the names of the owners of the same and whether they conform to the standard; and it shall also be his duty to report to the Board of Trustees the names of all persons whose weights, scales, beams and measures are incorrect, and to deliver a copy of his said report to the Town Clerk. 170 § 20. No itinerant peddler or hawker shall use any scales, weights, balances or measures unless the same shall have been sealed and adjusted within the municipal year and show his certificate from such sealer upon demand of any citizen. 171 § 21. Any person violating any of the provisions of this chapter shall be subject to a penalty of not less than five dollars nor more than two hundred dollars.ORDINANCES. DIVISION II. Miscellaneous ProvisionsÏOWN ÔF CICERO. 115 CHAPTER XIX. ACTIONS, ARREST, TRIAL AND PUNISHMENT. 172* §1. Actions. 178. §2. Arrests. 174. § 3. Warrants. 175. §4. Arrest on view. 170. §5. Serving writs. 177. §6. Bail. 178. § 7. Judgments against surety. 179. §8. Trials. 180. §9. Juries; jurors; witnesses. 181. §10. Costs. 182. §11. Failure to pay fine. 188. §12. Fines to be paid to Treasurer. 184. §13. Violation of any chapter; penalty. 185. §14. Subsequent repeal not to affect violation of ordinance. 172 § i. Actions, suits and prosecutions for the violation of any Town Ordinance or by-law may be commenced and prosecuted in the name of “The Town of Cicero” before any Police Magistrate or Justice of the Peace of the Town of Cicero having his office in the Town, or before any Justice of the Peace of Cook County, Illinois. 173 § 2. In all actions for the violation of any ordinance, the first process shall be a summons; provided, however, that a warrant for the arrest of the offender may issue in the first instance as provided by Section 7, Article 5, Chapter 24, of the Revised Statutes of the State of Illinois (Hurd^s 1895 Revision, p. 270.) Any Justice of the Peace or Police Magistrate in the Town, upon complaint in writing, verified by affidavits, stating that any ordinance of said Town has been violated, and that he, the complaining witness, has reasonable grounds to believe that the person charged in such complaint with such viola-116 ORDINANCES OF THE tion is guilty thereof, may issue his warrant in the name of “The Town of Cicero” as the plaintiff or complainant, for the arrest of the person so charged. 174 § 3- Warrants may be substantially in the following forms: State of Illinois, County of Cook, ss. The Town of Cicero, The People of the State of Illinois, to any Policeman or Special Policeman or any Constable of said County, Greeting: You are hereby commanded to take the body of............. ..............and bring him forthwith before me, at my office in the Town of Cicero, for a failure to pay said Town a certain demand not exceeding Two Hundred Dollars; and hereof make due return as the law directs. Given under my hand, this... .day of.........A. D. 18____ Police Magistrate or Justice of the Peace. TOWN WARRANT. State of Illinois, Town of Cicero, ss. County of Cook, Police Court of the Town of Cicero. THE PEOPLE OF THE STATE OF ILLINOIS, to any Constable of said Town or County, or any member of the Police Force of the Town of Cicero—GREETING: WHEREAS, an affidavit has been made before the undersigned, a Police Magistrate of said County, by................ ......................that.................................... ......................on or about the........day of........... A. D. 189.....................................................TOWN OF CICERO. 117 within the jurisdiction of said Town,, in violation of Section. .......of an ordinance of said Town, entitled.................. ................... passed A. D. 1896. YOU ARE THEREFORE HEREBY COMMANDED, to arrest the said............................................. and bring......forthwith before me at my office in said Town of Cicero, then and there to answer to the said Town of Cicero, on the charge above specified, and abide such further order as may be made concerning said charge. And hereof make due service and return as the law directs Given under my hand and seal this.........day of....„....... ...........................(Seal.) Police Magistrate. The returns made by the officer for each of the foregoing warrants may be in the following forms: Returned executed, by arresting the within named defendant, and bringing him into court this.........day of.............A. D. 189. .. Returned executed, by arresting the within named defendant, and he having given special bail, by reading the within writ to him this.......day of.............A. D. 189... J75 § 4- Whenever any person shall be arrested on view without process, and shall be tak en before any court, the Magistrate or Justice of the Peace shall note upon his docket the cause of said arrest, as stated, under oath, by the officer making the arrest, and proceed to hear and determine the cause, in the same118 ORDINANCES OF THE manner as if the defendant had been arrested by a warrant. 176 § 6. The officers who shall execute any writ or process shall proceed in the execution of their duty in the same manner as constables are required to proceed under the laws of this State, except in cases where it is otherwise provided in this ordinance. 177 § 6. If, for any cause, a continuance is granted in any case, the defendant may give special bail for his appearance before the court at the time appointed for the hearing by endorsing the same on the back of the warrant, in the following form, to wit: I......................................acknowledge myself special bail for the within named............................. for his appearance in person before the court on the.......... day of.............A. D. 18. .at........o’clock... .M., and for the payment of whatever fine or judgment that may be assessed or entered against the defendant, and I hereby enter my appearance in said suit for that purpose. Which endorsement shall be signed by one or more sureties to be approved by the court before whom the suit is pending. 178 § 7. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judgment shall be rendered against the defendant and the surety or sureties in the special bail for the amount of the fine assessed by the court or jury, and all costs that may have accrued. 179 §8. The manner of conducting trial» for violations of Town Ordinances, granting continuances and changes of venue thereon, subpoenaing witnesses, summoning and impan-neling juries and taking appeals, shall be the same as in civil cases, before Justices of the Peace. 180 § 9. In all cases of trial for violation of any Town ordinance, either party may have the cause tried by a jury, if heTOWN OF CICERO. 119 shall demand a jury before the trial is entered upon and will first pay the fees of the jurors. The number of jurors shall be six or twelve, as either party may desire. All officers making arrests shall attend as witnesses before the court when the trial may be had, and shall procure all necessary evidence in their power, and furnish at the earliest moment a list of witnesses to the court. 181 §10. No costs of any kind shall be taxed against or collected of the Town in any case in which the Town is plaintiff, brought for the violation of any ordinance, but the court may, in its discretion, tax and give judgment for such costs against the prosecuting witness, 182 § 11. In all cases where any person convicted of a breach of any of the ordinances of this Town, or where any person has been accepted as special bail as aforesaid, shall fail, neglect or refuse forthwith to pay any fine or penalty and costs, which may be adjudged against him, it shall be lawful for the court before which such conviction is had' to order that such person so> convicted as aforesaid, or accepted as special bail, shall be committed to the Town jail or other place provided by the Town, or to the jail of Cook County, or in the House of Correction of the City of Chicago until discharged according to law. 183 § 12. All fines and penalties for violations of any Town ordinance shall be paid to the Treasurer of the Town as soon as collected. 184 § 13. Any person who shall violate any section, paragraph, clause or provision of any section of any chapter or ordinance for which there is no penalty provided; or shall fail to perform or omit to do any act or thing required by any such clause, provision or section of any such chapter or ordinance, shall on conviction be fined not to exceed one hundred dollars.120 ORDINANCES OF THE 185 § 14. No suit, proceeding, right, fine or penalty in- stituted, created, given or accrued under any ordinance previous to its repeal shall in any wise be affected, released or discharged by any such repeal, but may be prosecuted the same as if such ordinance had continued in force.TOWN OF CICERO. 121 CHAPTER XX. AMUSEMENTS. 186. § 1. License required; Penalty. 187. § 2. What License shall contain; Fees; Penalty. 188. § B. License issued by Clerk. 189. § 4. Annual fees for Hall or Theatre. 190. § 5. “Entertainment” defined. 191. § 6. License. 192. § 7. Gambling prohibited in License; Revocation; Penalty. 19B. § 8. Entertainment in Saloons, etc.; Penalty. 194. § 9. Proprietor’s duty to secure License. 195. § 10. Injuring bills or posters; Penalty. 196. § 11. Liquors at Entertainment places; Penalty. 197. § 12. Seats in Aisles or Passageways; Penalty. 198. § IB. Doors to open out. 199. § 14. Police to enforce Section 12. 200. § 15. Preserving order at Theatres, Halls, etc.; Special Police. 201. § 16. Obstructing Entrance to Halls, etc.; Penalty. 202. § 17. Sunday observance; Penalty. 186 § i. No person or persons within the limits of the Town of Cicero shall give any entertainment mentioned in this chapter for gain without a license for that purpose first had and obtained from the Town, under a penalty of not less than ten dollars and not exceeding one hundred dollars for each and every violation of this section; provided, that for musical parties or concerts and exhibitions of paintings or statuary, or other entertainments given by citizens of this Town not engaged in the giving of such entertainments as a business, no license shall be required. 187 § 2. Each license shall express for what it is granted and the time it is to continue, and the following tax or license122 ORDINANCES OF THE fee shall be imposed upon each license granted as aforesaid and paid to the Town Clerk on the granting of such license, as follows, to wit: For each circus or circus or menagerie, ten dollars for each day; for each sidle show with any circus or menagerie, ten dollars for each and every day of exhibition; for each concert, musical or minstrel or theatrical entertainment, five dollars for each day. 188 § 3. Every license shall be issued by the Town Clerk on the payment to him of the license fee provided for in section two of this chapter. 189 § 4. The owner or lessee of any hall or theater in which the entertainments given are, as a rule, of a dramatic or operatic character, shall, on the payment of one hundred dollars to the Town Treasurer, have the occupants of his or their hall or theater exempted from license for one year. 190 § 5. The word “entertainments” used herein shall be taken to* mean and include theatricals and other exhibitions, shows and amusements wherein or whereby any person or persons shall act, play or perform any play, opera or other dramatic or musical composition, or give performances of any kind, or give any show or public exhibition for gain. 191 § 6. Every license granted under the provisions hereof shall at all times be subject to> the ordinances of the Town existing when the same shall be issued, or which shall thereafter be passed, so far as the same shall apply. 192 § 7. All licenses for entertainments where a license is required shall contain a proviso that no gaming, raffle, lottery or chance gift distribution of money or articles of value shall be connected therewith or allowed by the person obtaining said license, or in anywise permitted or held out as an inducement to visitors, and when any person or persons shall be charged by a credible person with having violated the provisions of hisTOWN OF CICERO. 123 or her license as aforesaid, the President of the Board of Trustees is directed to give the parties accused reasonable notice thereof and inquire into the truth of said charge, and if the accusation be sustained to his satisfaction he may revoke the license of any such person or persons, a nd every such person or persons so offending shall be subject to a penalty of not more than one hundred dollars. 193 § 8. No person or persons shall be allowed to give any concert or entertainment in any licensed saloon or grocery, or in any place the entrance of which shall be through a saloon or grocery within the Town of Cicero, without a special permit from the President, and any person or persons violating the provisions of this section shall be fined in a sum not less than five dollars nor exceeding fifty dollars, and shall have his or her license revoked in the discretion of the President. 194 § 9. It shall be the duty of every proprietor or lessee of any theater, hall or other building where public entertainments are given before he permits any person or persons to use the same for the purpose of giving any entertainment therein for gain, to obtain from the Town Clerk the license herein required, either in his own name or in the name of the person proposing to give such entertainment, under a penalty cf ten dollars for each and every violation of this section. 195 § 10. It shall not be lawful for any person or persons to destroy, tear, mutilate, cover over, or otherwise deface or injure any bill or poster (posted in such places as may be permitted) descriptive of any performance or entertainment given in any licensed theater or hall or in pursuance of a license given by the Town, and any person or persons violating the provisions of this section shall be subject to a penalty of five dollars for each and every violation thereof. 196 § 11. It shall not be lawful for any person or persons124: ORDINANCES OF THE to sell or give away any spirituous, vinous, malt or other intoxicating liquors in any theater, hall or other building in which public entertainments are given, for gain, nor in any room or rooms connected with the same without a special permit from the Board of Trustees, under a penalty of fifty dollars for each and every violation of this section. 197 § 12. No chairs, tools or seats of any description shall be placed or permitted to remain in or across the lobby, aisles or passageways in any theater, hall or other public building when the same is occupied by the public, under a penalty of twenty-five dollars for each and every violation of this section. 198 § i3* All persons owning, leasing, managing or having charge of any church, theater, opera house, public hall, or place of amusement in the Town of Cicero shall be required to have all doors leading to- or from1 the same hung so as to open out therefrom. 199 § 14. It shall be the duty of all members of the police force to see that the foregoing provisions in section 12 are strictly observed, and in case of any violation thereof forthwith pn> ceed to clear any obstructed aisle, passageway or lobby and to arrest the offender or offenders. 200 § I5* If shall be the duty of every owner or lessee of every licensed theater, hall or other building to keep and preserve good order in and about his premises and to that end he shall hire and keep at his own expense a sufficient number of special police patrolmen. 201 § 16. It shall not be lawful for any person or persons to stand in the lobby or outer entrance to any licensed theater, hall or other public building, or on the sidewalk adjacent to and within fifty feet of such entrance after a request to move on made by the owner, lessee, or any police officer under a penalty of five dollars for each and every such offense.TOWN OF CICERO. 125 202 § 17. No boxing- or sparring exhibition, shooting, jumping, racing or other games or theatrical or musical entertainments will be allowed in the Town of Cicero on the first day of the week commonly called Sunday, under a penalty of twenty-five dollars for each and every such offense. pp. 155,156126 ORDINANCES OF THE CHAPTER XXL ANIMALS RUNNING AT LARGE. 203. § 1. Running at Large. 204. § 2. Herding. 205. § 3. Right of Resident to Restrain. 206. § 4. Penalty. 207. § 5. Poundkeeper’s duties. 208. § 6. Any Person may Impound Animals. 209. § 7. Impounding fees. 210. § 8. Owners may redeem. 211. § 9. Poundkeeper to make complaint. 212. §10. Unknown Owners; Form of Notice; Trial. 213. §11. Justice to Enter Case. 214. §12. Jury Trial. 215. §13. Judgment; Order; Form. 216. §14. Poundkeepers to Post Notices; Form; Day of Sale; Return. 217. §15. Who may not Purchase; Penalty. 203 § 1. That no domestic animal of the species of horse, mule, ass, cattle, sheep, goat or swine or the young of any such animal shall be permitted to- run at large within the limits of the Town of Cicero. 204 § 2. The herding or picketing of any animals mentioned in section 1 of this chapter upon unenclosed lands without the consent of the owner or persons having control of said lands, shall be deemed a running at large, under this chapter. 205 § 3. Whenever any such domestic animal shall be found running at large contrary to the provisions of this chapter, the same may be restrained by any resident of the Town until the fine and costs, and also all damage done by any such domestic animal so running at large, to- the property of the person restraining, are paid. 206 § 6. Any person or persons, owner or owners of anyTOWN OF CICERO. 127 such animal or animals, who shall permit the same to run at large contrary to* the provisions of this chapter, shall be fined in any sum of not less than one dollar, nor more than ten dollars for each and every animal so suffered or allowed to run at large, which fine may be recovered before the Police Magistrate of the Town or any Justice of the Peace of the County. In case any such animal or animals are impounded as hereinafter provided, the person or persons, owner or owners of any such animal or animals, who shall permit the same to run at large contrary to the provisions of this chapter, shall forfeit and pay a penalty of not less than $1.00 nor more than $10.00 for each and every animal so permitted to run at large, together with the costs of impounding, and the expenses of the sustenance of such animal or animals impounded. 2°7 § 5* It shall be the duty of each and every pound- keeper and policeman in said Town to take up and impound any such animal or animals known to him to> be running at large in any part of said Town, and for each neglect and refusal so to do, he shall forfeit and pay a penalty of not less than $5.00 nor more than $20.00. 208 § 6. It shall be lawful for any person, other than a pound keeper, to take up any animal running at large, contrary to the provisions of this chapter, and take the same to any pound in said Town, and for so doing he shall receive from the Treasurer, when collected and the animals discharged, an impounding fee of fifty cents each for five animals and under, and for more than five animals, fifty cents each for the first five and twenty-five cents each for all in excess of the first five. 2°9 § 7- There shall be charged for each animal impound- ed, an impounding fee of fifty cents for five animals and under, and for more than five animals, fifty cents each for the first five and twenty-five cents each for all in excess of the first five, and128 ORDINANCES OF THE for providing sustenance for each animal fifty cents for each day the same may be impounded. 210 § 8. At any time before the sale of any animal or animals impounded the owner or owners thereof may redeem the same by paying to the pound-keeper, the penalty prescribed in section 3 of this chapter, together with the impounding fee and cost of sustenance as prescribed in section six, and in case proceedings shall have been instituted before a judicial officer, the costs of such proceedings, if judgment shall have been recovered, for a violation of this chapter, the amount of such judgr ment, together with subsequently accrued costs of sustenance, shall be the redemption money to be paid. 211 § 9. When any animal or animals shall be impounded as aforesaid, it shall be the duty of the keeper of the pound where the same is impounded, forthwith, after the expiration of two days to- make complaint before the police magistrate or some justice of the peace of the Town against the owner or owners of such animals or the person, allowing the same to run at large, if known, and thereupon a summons shall be issued, returnable as in cases at law, and upon the return thereof served on the defendant, it shall be the duty of the justice or police magistrate to inquire whether the defendant has been guilty of a violation of this chapter, and, if the defendant be found guilty, judgment shall be rendered against him for the penalty, impounding fee and cost of sustenance herein prescribed, and the costs of suit, and an order shall be entered that the animal or animals be sold tO' satisfy such judgment in case the same shall not be paid forthwith. Such order shall describe the animal or animals and state the time and place of impounding. 212 § 10. When the owner of any animal impounded shall be unknown, it shall be the duty of the pound-keeper when the same shall be impounded to- make complaint as provided inTOWN OF CICERO. 129 section 9 of this chapter against the unknown owner of such animal, describing the same, and thereupon the officer before whom such complaint shall be made shall issue a notice in substance as follows, to wit: POUND NOTICE. Whereas, Complaint has this day been made before me that the unknown owners of the following described animals, to wit: ................ impounded at ..................on the........day of........, A. D. 18.have permitted the same to run at large, contrary to the provision of Chapter XXI of the Ordinances of the Town or Cicero. Now, therefore, a trial will be held upon said complaint at my office in the Town of Cicero on the.....day of................, A. D. 18. ., at the hour of......M., when and where said un- known owners may appear and defend, if they see fit so to do. Dated the..........day of.............., A. D. 18... ......................., J. P., orP. M. A day shall be fixed in said notice for the trial, not less than five nor more than fifteen days from the time of issuing the same, and it shall be the duty of the pound-keeper making the complaint forthwith to post three copies of the said notice, one at the pound where the animal is impounded, one at the office of the Justice or Police Magistrate issuing the same, and one in some other public place in said Town, and to return the said notice, with the time and manner of said posting. 213 § 11. The Justice or Police Magistrate issuing said notice shall enter the case upon his docket as follows, viz: The Town of Cicero* vs. The Unknown Owners of..................... ................., and upon the return of the notice prescribed in the last section like proceedings shall be had as in the case of personal service, on appearance.130 ORDINANCES OF THE 214 § 12. In all trials for violation of this chapter the accused shall have the right of trial by jury, if demanded. 215 § 13. Upon the rendition of any judgment as provided in section 9 of this chapter, the Justice of the Peace or Police Magistrate rendering the same, shall issue to the keeper of the pound where the animal or animals are impounded an order which shall be in the following form, as nearly as may be: The people of the State of Illinois: To.................... Pound Keeper. We command you that of the following described goods and chattels, to wit:............................. ................, the property of........................... you make the sum of....................dollars and............cents debt, and ............... dollars and .............cents costs, which the Town of Cicero' lately recovered before me against the said................................, and hereafter make due return. Given under my hand and seal this the................day of......................., A. D. 18... ................................. J. P, or P. M. (L. S.) 216 § 144. Upon the receipt of such order the Pound-Keeper shall immediately post three notices, in like places as provided in section 10 of this chapter, in substance as follows: Pound Notice. Taken up and impounded in the Pound of the Town of Cicero, at...................., the following described animals: .............................., which, unless redeemed, will be sold at public auction, for cash ho the highest bidder, at said Pound, at the hour of.........o’clock in the forenoon on the ..........day of..............;...., 18... ................................. Pound-Keeper. The day of sale mentioned in said notice shall be the third day after posting the same, exclusive of Sundays, holidays and elec-TOWN OF CICERO. 131 tion days, and if said animal or animals are not redeemed, the pound-keeper shall sell the same in accordance with said notice; provided, that the sale of animals impounded shall be conducted as near as may be according to the law regulating sales of property by constables under execution. It shall be the duty of the Pound-Keeper receiving such order, as is prescribed in section 13 of this chapter, to- return the same when executed to the office issuing the same, with an endorsement showing when and how the same was executed. 217 § 15. No person shall purchase, or be interested directly or indirectly in the purchase, of any animal taken up, imr pounded or sold by him, under the provisions of this chapter, under a penalty of twenty-five (25) dollars for each animal, and if a pounddceeper, the forfeiture of his office. 218 § 16. If any person shall break open or in any manner, directly or indirectly, aid or assist in, or counsel or advise the breaking open of any Town Pound, he shall forfeit and pay a penalty of twenty (20) dollars. 219 § 17. No person shall hinder, delay or obstruct any person engaged in taking to any Town Pound any animal or animals liable tO' be impounded, under penalty of not less than five (5) dollars or more than ten (10) dollars for each animal so being taken. 220 § 18. Each and every Pound-Keeper of said Town shall, by the end of each month, pay the Treasurer of the Town all moneys received during the month by virtue of his office as Pound-Keeper, and shall at the end of each month render to the Board of Trustees, a full statement on oath of all animals received into his Pound during said month, describing the same, with the names of the owners, if known, the dates when received respectively, of the animals redeemed and the dates of redemption, of those sold and times of sale, and of all moneys received by him during said month for the redemption or upon the sales132 ORDINANCES OF THE of animals, or otherwise as Pound-Keeper, and shall attach to said statement the Treasurer’s receipts for all such moneys. Each Pound-Keeper shall also keep a record, in which he shall enter from time to time as they occur, all matters required to be shown in such statements, and in which he shall cause to be written the receipts of owners of animals by them redeemed. 221 § 19. When the proceeds of sale of any animal shall exceed) the amount of judgment and costs, and the expense of sustenance which shall have accrued subsequently to the rendition of the judgment, and such excess shall have been paid to the Treasurer, the owner or owners of such animal or animals shall be entitled to- a warrant on the Treasurer for such excess, upon presenting to the Board of Trustees satisfactory evidence of his right thereto. 222 § 20. The Board of Trustees may, by resolution, establish and locate as many pounds as they may deem proper, apd may discontinue or change the same at any time. The Board of Trustees may appoint Pound-Keepers for such pounds, or appoint a policeman to do the duties of a Pound-Keeper, for such time as they may see fit, and such appointment may be revoked at pleasure.TOWN OF CICERO. 133 CHAPTER XXII. BICYCLES. 228. § 1. Sidewalk; Rules. 224. § 2. Penalty. 225. § 3. Police to Arrest on sight, 226. § 4. Secondhand Dealers; Repairs; Storers. 227. § 5. License. 228. § <>• Report of Dealer, Repairer, Storer. 229. § 7. Penalty. 230. § 8. License Revoked. 223 § I- That no person or persons shall ride any bicycle or similar vehicle in or upon any of the sidewalks or foot-ways in the Town of Cicero. And no such person or persons shall ride any bicycle or similar vehicle in or upon any of the streets or other public places of the Town of Cicero without complying with the following rules: 1. To go( not more than two abreast, keeping near together and on the right-hand side of the roadway when passing or meeting other persons or vehicles using said roadway. 2. To always carry a signal light at night. 3. To' travel no faster than ten (10) miles an hour along or upon or over any of the streets or highways of the Town. 224 § 2. Any persons or persons who shall violate any or either of the foregoing provisions of this chapter, shall, upon conviction, pay a fine of not less than one dollar nor more than ten dollars for each offense. 225 § 3. The Police of the Town of Cicero shall have the power to arrest on sight any person or persons found in the act of violating any of the provisions of this ordinance. In order to secure the future appearance of the person arrested, the person so arrested shall have the right, upon giving his own recog-134 ORDINANCES OF THE nizance, to surrender his said bicycle or similar vehicle to the police officer in charge of the station to which the offender is taken, and without further surety or bondsman to be released until such time as his case is first set for trial. 226 § 4. No person, firm or corporation shall within the corporate limits of the Town of Cicero engage in, carry on or conduct the business of dealing in second hand bicycles, repairing bicycles, storing or in any way handling second hand bicycles without first obtaining a license therefor from the Town of Cicero, for which every person, firm or corporation shall pay an annual fee of Twelve ($12.00) Dollars; such person, firm or corporation is hereby required to obtain such license whether his, her or their business shall consist wholly or only in part in dealing in, storing, repairing or otherwise handling second hand bicycles as above provided; but no additional license fee shall be required to be payed by a regularly licensed dealer in other second hand goods of any kind, who may now or shall hereafter engage in the business of buying, selling, storing or repairing of bicycles, and who pays therefor an annual fee of not less than twelve dollars. 227 § 5. Such license shall be issued only upon the written application of the person, firm or corporation desiring the same, and shall authorize the person, firm or corporation so licensed to conduct said business only at the number or location in said license specified. Every license shall bear date of the first day of the month in which the application therefor is made, and shall expire one year from its date. 228 § 6. It shall be and is hereby made the duty of every person, firm or corporation engaged wholly or in part in the business defined in section 4 hereof to make a daily report to the Captain of the Police in which shall be stated the following items of information concerning every bicycle received for any purpose by any such person, firm or corporation. Said statement shall be made uponTOWN OF CICERO. 135 the day that such bicycle is received at the place of business of such person, firm or corporation; such report shall specify plainly and definitely by whom such report is made; the place of business of such person, firm or corporation making such report; shall state the style of bicycle and1 by whom made or mam ufactured; shall give the manufacturer’s number of such bicycle; what repairs were to be made to said bicycle, and where said bicycle is at the time of making said’ report. The daily report for each day shall be delivered to the office of the Town Clerk before two o’clock P. M., of the following day except on Sundays and legal holidays, when the same shall be delivered before two o’clock P. M., on the succeeding day. The name, number or pther designating marks on a bicycle shall not be changed except upon the written order of the owner. 229 § 7. Any person, firm or corporation who shall violate any of the provisions of sections 4, 5 and 6 of this chapter shall be subject to a fine or penalty of not less than $20.00 nor more than $200.00 for the first offense, and for a second and subsequent offense shall be subject to a fine or penalty of not less than $50.00 nor more than $200.00 for each offense. 230 § 8. Any person, firm or corporation who shall fail to make the daily report herein before provided for,giving in full and in detail the various items herein provided shall be liable to have said license revoked by the Board of Trustees; and such license shall state upon its face that it is revocable for any violation of the terms of this ordinance.136 ORDINANCES OF THE CHAPTER XXIII. BILLIARD AND POOL TABLES. 281. § 1. License required. 282. § 2, Minors; Betting; Nights and Sundays. 288. § 8. License fee; License Terminated and Revoked. 284. § 4. Penalty. 231 § 1. That no public billard, pool or pigeon-hole table kept for hire or where a charge for its use is made shall be allowed within the Town of Cicero unless a license is obtained for the same. 232 § 2. Minors shall not be allowed to play on said tables, nor shall betting or play for stakes of any kind be allowed The use of said tables after eleven o'clock at night is prohibited, and no playing shall be allowed on Sunday. 233 § 3. A license fee of $50 for each table shall be required in advance, to be deposited with the Town Clerk, when license may be granted by the Board of Trustees, and the same shall terminate on the 30th of June annually unless sooner revoked by said Board of Trustees. 234 § 4. A penalty of $50 shall be imposed upon conviction of every person found guilty of violating any of the provisions of this ordinance.TOWN OF CICEKO. 137 CHAPTER XXIV. BILL POSTING ; ADVERTISING. 285* § 1. Bill Posting without license prohibited; consent of owner. 286. § 2. Penalty. 287. § 8. In Prosecutions defendants to show license and consent. 288. § 4. License, how obtained; Bond; Fees. 289. §5. President to issue License. 240. § 6. Expiration of License; Revocation. 241. §7. Destroying or Defacing Bills posted. 235 § 1. That hereafter no person, firm or corporation shall paint or post or in any way affix, fasten or place any handbill, bill, poster, dodger, placard or advertisement or announcement of any kind to or upon any telegraph, telephone, electric light or other pole or standard, or to or upon any tree, curb, stone, or other pole or standard, or to or upon any tree, curb, stone, post, sidewalk, public house, building, gate or structure of any kind, or to or upon any natural or other object now or hereafter standing or placed in any street, alley or other public place in the Town of Cicero, unless such person, firm or corporation shall first obtain a license so to do as hereinafter provided ; or upon any private house, store or other building or structure, or upon any gate or fence in said Town, without first procuring the consent of the owner. 236 § 2. Any person violating any of the terms of this chapter shall be fined in the sum of not less than $5.00 nor more than $100.00 for each offense, and each bill, poster, advertisement or other announcement painted, posted or placed in violation of this ordinance shall constitute a separate offense as to each object upon which it may be so fastened, posted or painted. 237 § 3- In any prosecution under this ordinance it shall138 ORDINANCES OF THE not be necessary to show that the offending party did not have permission of the said Board of Trustees or private owner as above provided, but such consent, if any shall have been given, shall be shown in defense by the accused party. 238 § 4. Any person desiring a license as aforesaid shall file his application in writing therefor with the Town Clerk and shall execute a bond to the Town of Cicero conditioned for the faithful observance of the ordinances of said Town in the penal sum of two hundred dollars, with security to be approved by the Board of Trustees, and shall pay to said Clerk a license fee of twenty dollars per year or a proportionate sum for any shorter period; provided, however, that no such license shall be issued for a less sum than two dollars. 239 § 5- Upon compliance with the foregoing provisions the President may, in his discretion, issue to such applicant a license to carry on the said business of bill posting, 240 § 6. Such license shall expire on the last day of June next following the granting thereof, and may be revoked by the President or Board of Trustees at any time, but unless such revocation shall be made on account of the failure of the holder thereof to observe the ordinances of the Town, a ratable portion of the fee paid therefor shall be refunded to such holder. 241 § 7. No person shall destroy, tear, mutilate, cover over or otherwise deface or injure any bill or poster posted in such places as may be permitted, without the consent of the person or persons on whose behalf the same shall have been posted under a penalty of not less than five dollars for each offense.TOWN OF CICERO. 139 CHAPTER XXV. 242. § 1. 243. § 2. 244. § 3. 245. § 4. 246. § 5. 247. § 6. 248. § 7- 242 § BIRTHS AND DEATHS. Physicians and Mid wives to register Births and Deaths. To file copy of registry with Town Clerk. Resident Physicians to register name and address with Town Clerk. To Report inquests to Clerk. Interment of dead body; Permit; Duty of Undertaker. Town Clerk to procure blanks and stationery. Violation; Penalty. i. That every physician, midwife or other per- son, who may professionally be present ait the birth oi any child in the Town of Cicero, shall make and keep a registry of every such birth, and therein state the time and place of said birth, the sex, color, whether or not still-born, the names of each parent, street and number of their residences and occupation of the father. And every physician who1 has professionally attended any person in a last illness, or who has been present in his professional capacity at the death of any person, in the Town of Cicero, shall make and preserve a registry of such death, stating the person’s name, color, sex, age, condition (married or single), and specifying the date and hour, the place and cause of such death. 243 § 2. That it shall be the duty of every person mentioned in the foregoing section, re«paired to make or keep a registry of such births and deaths, to present to the Town Clerk of Cicero a copy of such register entry, signed by such person, within one week after the birth, or within thirty-six hours after the death, of any person to whom such registry may or should relate. 244 § 3. Each and every resident physician, practicing140 ORDINANCES OF THE his profession in the Town of Cicero, shall be required to register his name, office and residence, and each and every change in the location of his office or residence, in a book to be k<*pt for that purpose in the office of the Clerk of the Town of Cicero. 245 § 4. Any person holding an inquest upon the body of any person in the Town of Cicero shall, within one week after each and every such inquest, make a written statement, signed by him, stating where, when and upon the body of whom such inquest was held, and the cause, date and place of death of such person, and report the same to the Town Clerk. 246 § 5. No dead body shall be interred in this Town until the certificate, required by the above registration, shall have been filed at the office of the Town Clerk, and a permit of the 1 own of Cicero grantei for such interment. And it shall be the duty, also*, of the undertaker who may officiate at any funeral in the Town to see that this section of the ordinance is complied with. 247 § 6. The Town Clerk is hereby authorized to procure suitable books, blanks and material necessary to the due carrying out of the provisions of this ordinance. 248 § 7. Each and every person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and be subject to a fine of not less than ($10) ten dollars or more than ($50) fifty dollars for each and every violation thereof.TOWN OF CICERO. 141 CHAPTER XXVI. BOULEVARDS AND PLEASURE DRIVEWAYS. 249. § 1. 250. § 2. 251. § 8. 252. § 4. 258. § 5. 254. § 6. 255. § 7. 256. § 8. 257. § 9. 258. § : L0. Funerals, hearses, etc., prohibited. Pleasure Driveways; Speed and traffic regulated; Crossing boulevards; Bicycles; Rules. Injuring any part of boulevard; Permit; Supervision. Moving Buildings; Permit; Restrictions. Obstructing boulevards with buildings or material. Violation of § 4; Penalty. Obstruction of boulevards; light at night. Littering boulevards. Violations; Duty of Police. Violations; Penalty. 249 § 1. No funeral procession, or hearse, nor any vehicle carrying a corpse will be allowed upon any part of Washington boulevard or Austin boulevard in the Town of Cicero. 250 § 2. Said Washington boulevard and Austin boulevard shall be used for pleasure driveways only, and all persons are forbidden to race with horses or bicycles, or to drive or ride faster than ten (10) miles per hour on either of such boulevards. All persons are also forbidden to- solicit patronage for any vehicle for hire upon either of said boulevards ; to drive or take any omnibus or heavy public vehicle, or any traffic vehicle, whether propelled by man, animal or other power, upon either of said boulevards, except private wagons conveying families; (provided, however, that all such omnibuses, public vehicles and traffic vehicles of all kinds shall be permitted to cross said boulevards, or either of them, and for such crossing purposes may use said boulevards, or either of them, for a distance not to exceed one block at any one time) ; to' allow to be loose any animals upon either ofM2 ORDINANCES OF THE said boulevards; to take, carry or display any flag, banner, target or transparency on either of said boulevards, or to parade or drill or perform thereon any military or other evolutions or movements as a military or target company, civic or otherwise; to ride bicycles or similar vehicles on either of said boulevards without complying with the following rules: 1. To go upon the driveway only. 2. To go not more than two1 abreast, keeping near together and on the right-hand side of the driveway when passing or meeting other persons, teams, bicycles or other vehicles upon said driveway. 3. To use extreme caution to keep out of the way of horses and foot passengers. 4. To carry a signal light invariably at night. 251 § 3. No person shall injure, dig or tear up any pavement, sidewalk, crosswalk, grass plat or roadway, or any part thereof, of either of said boulevards, without having first obtained the written permission of this Board, and such injury, digging or tearing up shall be done only under the supervision of the Town Engineer, Commissioner of Public Works or Town Superintendent. 252 § 4. No person shall move any building along, across or upon either of said boulevards without having first obtained the written permission of this Board, and no building shall be moved along either of said boulevards for a greater distance than one block, or remain thereon longer than six hours. 253 § 5* No person shall use or occupy any portion of either of said boulevards for the purpose of erecting or repairing any building, nor encumber or obstruct, or cause to be encumbered or obstructed, either of said boulevards, or any part thereof, by placing therein or thereon any building materials or anv article or thing whatsoever.TOWN OF CICERO. 143 254 § 6. The owner of any building or the contractor for its removal, either or both, who shall suffer the same to remain in either of said boulevards for any longer time than may be specified in the permit of this Board, shall forfeit a penalty of twenty-five dollars for every twenty-four hours or part thereof the same shall be continued, and this Board, or any officer or agent thereof, may remove the same at the cost of such owner or contractor. 255 § 7- Any person having the use of any portion of either of said boulevards under permit of this Board, as hereinbefore provided, shall cause a red light to be placed in a conspicuous place in front of the obstruction or excavation from sundown to sunrise each night such obstruction or excavation exists. 256 § 8. No person shall place any straw, dirt, chips, shells, ashes, swill or other rubbish, whether offensive to health or not, in or upon either of said boulevards. 257 § 9- The Police of the Town of Cicero shall have power to arrest any person found in the act of violating any oi the provisions, sections or clauses of this chapter, or any person who shall neglect or fail to comply with any or either of the requirements thereof, or shall be engaged in aiding or abetting any such violation, and they shall take all persons so arrested before some Justice of the Peace or Police Magistrate in said Town of Cicero. 258 § 10. Any person or persons who shall violate any or either of the provisions of this ordinance, or of any section or clause thereof, or who shall neglect or fail to comply with any or either of the requirements thereof, shall, upon conviction, pay a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense, and a further penalty not exceeding twenty-five dollars ($25.00) for every twenty-four hours or part thereof that such violation shall continue after notice given by any member, officer or agent of this Board, or police officer, to remove, discontinue or abate the same.144 ORDINANCES OF THE CHAPTER XXVII. BREAD. 259. § 1. 260. § 2. 261. § 8. 262. § 1. 268. § 5. 261. § 6. 265. § 7. 266. § 8. 259 § Wholesome Materials. Size of Loaf; Baker’s initials. Penalty. Dealer’s permit; Record; Penalty. Right of search; Yiolation; Siezure. Seized bread as evidence; Unwholesome bread destroyed. Second offence; Penalty. Exceptions to § 2. i. All bread baked or offered and exposed for sale in the Town of Cicero shall be made of good and wholesome flour or meal and sold by avoirdupois weight. 260 § 2. All bread shall be made into loaves of one and a half, two, two and a half or three pounds, avoirdupois weight, and each loaf shall be marked with the numbers indicating the weight of said loaf, and also with the initial letters of the name of the baker thereof. 261 § 3. If any baker or other person shall make for sale, offer or procure to be sold any bread of any other than wholesome flour or meal, or shall sell or expose for sale any bread contrary to the preceding section of this chapter, such person shall be subject to a penalty of ten dollars for each and every such offense. 262 § 4. It shall not be lawful for any person to carry on the trade or business of a baker or engage in making bread for others, either in person or by employing any other person to carry on said trade or business under his or her direction, or for his or her profit or benefit within this Town, without having first obtained from the Town Clerk a permit for that purpose and paying a fee of one dollar therefor, and having his, her or their name or names and place of business recorded in a book kept forTOWN OF CICERO. 145 that purpose in the Town Clerk’s office under a penalty of twenty-five dollars for each offense, and ten dollars for each and every day the same shall be continued. 263 § 5- It shall be lawful for any member of the Department of Police, duly authorized by the Captain, to enter in the day time into any house, store, shop, bake-house, warehouse or other building where any bread is baked, stored or deposited or offered for sale, and also to stop, detain and examine any person or persons, wagon or other vehicle carrying bread, and to search for, view, try and' weigh all or any bread that shall be there found, and if, upon any such search, there shall be found any bread made in violation of or contrary to any of the provisions of this chapter, any of the persons above named may seize such bread, and shall immediately enter complaint before the Police Magistrate of the Town or some Justice of the Peace of Cook County against the person or persons guilty of such violation. 264 § 6. Whenever any bread shall have been seized for a violation of any of the provisions of this chapter, the same shall be taken immediately to the office of the Chief of Police and there deposited and kept to be used on the trial of the person or persons against whom complaint is made, and if he, she or they shall be convicted such bread shall be retained by the Chief until the fine, if any, shall have been imposed and the costs of suit shall have been satisfied; provided, that bread made of unwholesome materials shall not in any case be returned to the owner, but shall be destroyed. 265. § 7. Any person or persons to whom any such bread shall have been returned and delivered up, or any other person who shall again offer or expose the same for sale, shall for the second and every subsequent offense be subject to a penalty of not less than ten dollars. 266. § 8. The provisions of section 2 of this chapter shall not apply to biscuits, buns, rolls or fancy bread weighing less than a quarter of a pound.146 ORDINANCES OF THE CHAPTER XXVIII. BUILDINGS. 267. § 1. Permit required. 268. § 2. Width and Number of Exits; Door to swing out. 269. § 8. Mills and Factories; Combustible Refuse; Water on premises, 270. § 4. Factory doors and stairways satisfactory to trustees; Penalty. 271. § 5. Heating apparatus to be removed from woodwork; other restrictions, 272. § 6. Floors protected from stoves, ash-pits, etc. 278. § 7. Woodwork near boilers, 274, § 8, Floor of boiler rooms, 275, § 9, Portable boiler room floors. 276, § 10. “Business building” defined. 277, § 11. Written statement of proposed erection or alteration of buildings; permit; fees, 278, § 12. Light at night when street obstructed; three foot walk required, 279, § 18. Unsafe buildings; destruction; penalty. 280, §14. “ Public hall ” defined. 281, § 15. Penalty. 267. § 1. No building or structure of any kind or description, except as hereinafter mentioned, shall hereafter be erected or constructed, within the corporate limits of the Town of Cicero, without a permit first had and obtained from the Town Clerk of said Town. 268. § 2. Unless otherwise permitted by the Board of Trustees, every public hall, theater, schdol house or building intended for public assemblies, shall have exits and stairways in no case less than five feet wide, and every public hall with accommodation for 500 or more people, shall have at least two separate and distinct exits, to be placed as far apart as practicable; public halls accommodating 700 or more persons, shall have at least three separate and distinct exits; the exits from all galleries being inde-TOWN OF CICERO. 147 pendent of and separate from the exits of the main floor. All doors of such buildings or rooms shall be made to swing outward. 269. § 3* No building within the limits of the Town of Cicero shall be used or occupied in whole or in part, for any of the trades or occupations, hereinafter mentioned, to wit: planing mills, sash, door and blind factories, wagon or carriage manufactories, cabinet and furniture factories, wood trimming and veneering works, agricultural implement manufactories, box and shingle factories, unless such building so occupied shall have in connection with it a brick or fireproof vault of sufficient capacity to contain all shavings, sawdust, chips, or other light combustible refuse connected therewith, and all such shavings and other light com-busible refuse shall be removed daily from each premises to such vault. In no event shall proprietors, owners or lessees of such manufactories allow combustible refuse to accumulate upon any lot, or in any building, unless stored in; a fireproof vault. For every 2,500 square feet used for shop or manufacturing purposes as aforesaid, including herein any wood-working shops, there shall be a barrel kept constantly filled with water, with two buckets or pails to each barrel, so' placed as to be most available in case of fire. 270. § 4. No person shall hereafter, either as owner, lessee or agent, use or occupy, or permit the use or occupation of any store, factory, workshop or other structure, where any person or persons shall be employed as workmen or workwomen for wages, in any trade or occupation unless every such store, factory, workshop or other structure shall be provided with suitable doors and stairways satisfactory to the Board of Trustees of the Town of Cicero, for the escape of employes in event of fire or other accident happening, under a penalty of not less than twenty-five dollars ($25.00) for each and every offense, and the further penalty of ten dollars ($10.00) for each and every day such owner, lessee or agent, shall, after the first conviction, neglect or refuse to comply with any provision of this section.148 ORDINANCES OF THE 271. § 5. Hot air, hot water, steam or furnace heating apparatus, whether brick or metal, shall be kept at least ten inches, and the smoke-flue at least twenty inches, .from any unprotected woodwork. All furnaces shall be placed on foundations of brick or stone, with proper hearths of incombustible material, at least twenty-four inches wide in front of the ash pit. All hot air conductors that are placed within ten inches of any woodwork, without suitable lining for protection, shall be made double, one within another, with at least one-half inch between the two. 272. § 6. Floors under all stoves, ash pits and furnace grates shall be protected by a covering of incombustible material, and stoves shall be kept at least twenty inches, and their smoke pipes at least twelve inches from any unprotected woodwork. 273. § 7- The woodwork of all boiler-houses and boiler-rooms shall be kept at least six feet from the boiler and four feet from the breeching or smoke conductor, and one foot from the dome of the boiler, unless such woodwork is properly protected with incombustible material, and then there shall be at least two feet span between the boiler or smoke pipe and the protection. 274. § 8. The floor of all rooms, when containing any stationary boiler or boilers, shall be made of incombustible material five feet on all sides and at least eight feet in front of any boiler. 275. § 9. When portable boilers are used on wood floors of any building, such wood shall have a close protection of incombustible material, not less than six inches thick, covering all the space under the boiler, and projecting not less than two feet on the sides and rear, and six feet in front, with an air chamber of not less than two inches formed in such protections. Hollow tiles properly laid may be used for such protections. 276. § 10. The term “business building” shall embrace all buildings used principally for business purposes, thus including among others, hotels, theaters and office buildings.TOWN OF CICERO. 149 277. § 11. Before the erection, construction or material alteration of any building in the Town of Cicero, the owner, architect or builder shall submit to the Town Clerk, a statement in writing giving (1) the location of the proposed work; (2) general dimensions, number and height of stories; (3) for what purpose the building is designed and the estimated cost. Thereupon the clerk of said Town shall issue a permit to make such construction or alteration, upon a payment of a fee of one dollar for each thousand dollars or fraction thereof of the cost of the building proposed to be erected; provided that the minimum fee shall be two dollars; and it shall not be lawful to proceed to construct or materially alter any building without such permit. No permit shall be required for alterations costing less than $200; or for barns, coal sheds, or wood sheds, one story in height and not exceeding 12x16 feet in dimensions. 278. § 12. Any person having the use of any portion of the street or sidewalk for the purpose of erecting or repairing any building, or for any other purpose, shall cause a red light to be placed in a conspicuous place in front of said obstruction from sunset to sunrise each night during the time such obstruction remains. A plank walk with a passageway at least three feet wide, shall be kept in front of any new building, as far as it is practicable, making allowance for the proper handling of anv materials to be used in or about such building. 279. § I3- Whenever, in the opinion of the Board of Trustees, any wall or other part of any burned building is dangerous, or when any building shall be deemed unsafe for the purpose for which it is used, or that it shall be in danger of being set on fire from any defect in its construction, the Commissioner of Public Works shall notify the owner, or his agent, in writing, specifying wherein such danger consists, or where ever said building is unsafe or defective. If the owner neg-150 ORDINANCES OF THE lects or refuses for the space of five days after the serving of such notice, to proceed to put such building in a safe condition, or forthwith to pull down, or secure such wall or dangerous parts of a burned building, he shall be subject to the penalty of not less than five dollars ($5.00), nor more than fifty dollars ($50.00), for each and every day such notice shall continue unheeded from the serving of the same; and in case the danger is imminent and the party responsible for its contin-uuance shall not at once proceed to remedy the same, the Town Superintendent may enter upon the premises where such evil exists and abate it, and charge the expenses thereof to the party responsible therefor. 280. § 14. Every theater, opera house, hall, church, school house or other building intended to be used for public assemblages, shall be deemed a public hall within the meaning of this chapter. 281. § 15. Any person who shall violate any of the provisions of this ordinance, where no other penalty is provided, shall be subject to a fine of not less than ten dollars ($10.00), nor exceeding one hundred dollars ($100.00), for each and every offense.TOWN OF CICERO. 151 CHAPTER XXIX. BUTTERINE. 282. §1. Pure butter only to be labeled 46butter”. 28B, § 2. All imitations of butter to be correctly labeled, 281. § 8, Butter and cheese inspector; his powers. 285. § 1. Penalty. 282. § 1. No person shall sell or offer for sale or expose to sale in the Town of Cicero any compound article or thing as butter or representing or holding out the same to be butter, except wholly made from pure cream. 283. § 2. Any person having in his or her possession for the purpose of sale or exposing to sale or offering to sell or selling any compound whatever in lieu of or as a substitute for or to be used as butter shall have the box, vessel or package containing the same plainly stamped, branded or marked with the appropriate name of such compound article or thing, which name shall be other than butter. If such compound article or thing shall contain lard the box, vessel or package containing the same shall be plainly stamped, branded or marked, “suine” or “but-terine,” and if it shall contain tallow the box, vessel or package containing the same shall be plainly stamped, branded or marked “oleomargarine,” and if it shall contain any grease or fat whatever except the grease or fat of butter, the box, vessel or package containing the same shall be plainly stamped, branded or marked with some appropriate name other than butter. 284. § 3. The President is hereby authorized to appoint a butter and cheese inspector giving him the necessary authority to examine any butter and cheese that may be manufactured or exposed for sale in violation of the law, said officer to serve without salary from the Town.152 ORDINANCES OF THE 285. § 4. Any person violating any of the provisions of this chapter shall be fined in a sum not less than ten dollars nor exceeding one hundred dollars.TOWN OF CICERO. 153 CHAPTER XXX. CIGARETTES. 286, § 1, Selling cigarettes to minors. 287, § 2. Penalty. 286. § 1. That from and after the passage of this ordinance it shall be unlawful for any person or persons in the Town of Cicero to sell, buy for or furnish any cigar or cigarette or tobacco in any of its forms to> any minor under sixteen (16) years of age, unless upon the written order of parent or guardian. 287. § 2. That if* any person or persons in the Town of Cicero shall violate any of the provisions of this ordinance, he, she or they shall, on conviction thereof, forfeit and pay for each and every offense the sum of twenty dollars.154 ORDINANCES OF THE CHAPTER XXXI. CONCEALED WEAPONS. 288. §1. 289. §2. 290. §8. 291. §4. 292. § 5. 298. §6. 294. § 7. 295. §8. 296. §9. Carrying concealed weapons prohibited. Confiscation of concealed weapons. Duty of police to arrest violators. Prosecution by summons or warrant prescribed; Judgment of confiscation. Violations; Penalty. # Policemen, court officers, etc., excepted. License to carry concealed weapons; Revocation. Application for License; Fees. Contents of License prescribed. 288. § 1. It shall be unlawful for any person within the limits of the Town to carry or wear under his clothes or conceal about his person any pistol, colt or slung shot, cross knuckles or knuckles of lead, brass or other metal, or bowie knife, dirk knife or dirk, razor or dagger or any other dangerous or deadly weapon. 289. § 2. Any such weapon or weapons duly adjudged by the police magistrate or any Justice of the Peace of said Town to have been worn or carried by any person in violation of the first section of this chapter shall be forfeited or confiscated to the said Town of Cicero and shall be so adjudged. 290. § 3- Any policeman of the Town of Cicero may within the limits of said Town, without a warrant, arrest any person or persons whom such policeman may find in the act of carrying or wearing under their clothes or concealed about their persons any pistol or colt, or slung shot or cross knuckles, or knuckles of lead, brass or other metal or bowie knife, dirk knife or dirk or dagger or razor or any other dangerous or deadlyTOWN OF CICERO. 155 weapon, and detain him, her or them in the Town jail until a summons or warrant can be procured or complaint made (under oath or affirmation) for the trial of such person or persons and for the seizure and confiscation of such of the weapons above referred to as such person or persons may be found in the act of carrying or wearing under their clothes or concealed about their persons. 291. § 4. Upon complaint made under oath or affirmation to any magistrate or Justice of the Peace in said Town that any person has been guilty of violating any of the provisions or sections of this chapter, a summons or warrant shall issue for the summoning or arrest of the offender or offenders returnable forthwith. Upon the return of such summons or warrant such magistrate or justice shall proceed to the hearing and determination of the matter, and if it shall be adjudged that such person or persons has or have incurred any of the penalties fixed by this chapter such magistrate or Justice of the Peace shall so adjudge and order that the weapon or weapons concerning the carrying or wearing of which such penalty shall have been incurred shall be confiscated to the Town of Cicero. 292. § 5. Any person or persons violating any of the provisions of section 1 of this chapter shall pay a fine of not less than five dollars nor more than fifty dollars in the discretion of the magistrate or court before whom such conviction shall be had. 293. § 6. The prohibitions of this chapter shall not apply to policemen nor to special policemen of said Town, nor to any officer of any court whose duty it may be to serve warrants or to make arrests, nor to persons whose business or occupation may seem to require the carrying of weapons for their protection and who shall have obtained from the President of the Board of Trustees a license to do as hereinafter provided. 294. § 7. The President may grant to so many and such persons as he may think proper, licenses to carry concealed156 ORDINANCES OF THE weapons, and may revoke any and all of such licenses at his pleasure. 295. § 8. Applications for such licenses shall be made to the Clerk and when granted the persons applying therefor shall pay to the Clerk for the use of the Town the sum of two dollars, and thereupon a license shall be issued by the' Town Clerk and signed by the President. 296. § 9- Every such license shall state the name, age, occupation and residence of the person to whom it is granted, and shall expire on the 30th day of June next following.TOWN OF CICERO. 157 CHAPTER XXXII. CRUELTY TO ANIMALS. 297. § 1. Cruelty to animals prohibited; Penalty. 297. § 1. Whoever shall be guilty of cruelty to any an- imal in the Town of Cicero: First. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal, or causing or knowingly allowing the same to be done, or Second. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing, or knowingly allowing the same to be done, or Third. By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter, or Fourth. By abandoning any old, maimed, infirm, sick or disabled animal, or Fifth. By carrying or driving, or causing to be carried or driven or kept, any animal in any unnecessarily cruel manner, shall be fined not less than three dollars nor more than two hundred dollars for each offense.158 ORDINANCES OF THE CHAPTER XXXIII. DEEDS AND CONTRACTS. 298. § 1. Who shall sign contracts. 299. § 2. President and Clerk to execute deeds, etc. 298. § 1. That all contracts, deeds, bonds, mortgages and other agreements in writing hereafter made in the name of the Town of Cicero, by the authority of the Board of Trustees of said Town, shall be executed by the President of the Town signing the same, and shall be countersigned by the Clerk of the Town, who shall also affix the corporate seal of said Town thereto. 299. § 2* That the President and Clerk of the Town be and they are hereby authorized to execute on behalf of the Town, any quit claim deed or deeds of land to which the Town may have 'acquired title by virtue of any tax, or special assessment sale, providing, the party or parties desiring the same, pay to the Treasurer of the Town the amount for which the land or lot was sold to the Town, together with the penalty thereon as prescribed by law.TOWN OP CICERO. 159 CHAPTER XXXIV. DOGS. 800. § 1. Season for muzzling dogs- 801. § 2. Dogs to be registered and tax paid. 802. § 8. Annual tax. 808. § 4, Duty of keeper to register dog and secure plate for collar. 804, § 5. Metallic collar plate; Counterfeiting; Penalty. 805. § 6. Town Clerk to furnish plate; Kind of plate. 806. § 7. Dogs prohibited from running at large; Penalty. 807. § 8. Complaint for violation; Killing dog. 808. § 9. Duties of police. 809. § 10. Resisting officer. 810. fill. Violation; Penalty. 300. § I- That between the 15th days of May and of Oc- tober in each year no dog shall be allowed to run at large within the limits of the Town of Cicero without being securely muzzled with a good and substantial wire, gauze or leather muzzle securely fastened on so as to prevent it from biting. 301. § 2. Hereafter no person shall be permitted to have or keep in his, her or their possession, within the limits of the Town of Cicero, any dog, unless such person shall have caused the same to be registered and the tax on such dog paid, as hereinafter provided. 302. § 3. The annual tax on every dog within. the limits of the Town of Cicero is hereby fixed at the sum of two dollars for each and every male, and three dollars for each and every female, commencing on the first day of July in each year, to be paid by the person keeping such dog to the Town Clerk of said Town for the use and benefit of said Town. 303. § 4. It shall be the duty of all persons residing or being within the limits of said Town of Cicero, who shall have,160 ORDINANCES OE THE own or keep any dog, after the passage of this ordinance, and also before the first day of July annually thereafter, to cause such dogs to be registered by name (if any) and general description, in the office of the Town Clerk of said Town in a register to be prepared and kept by said Town Clerk for that purpose, and to pay said tax, or a pro rata share thereof, in proportion to the time which shall remain to the first day of July then next following, and obtain the Town Clerk’s receipt therefor, and also obtain from said clerk the metallic plate hereinafter required to be furnished by said clerk. 304. § 5. It shall be the duty of such owner, or the person having or keeping in his, her or their possession any such registered dog, to place around the neck of such dog a collar, and on or to such collar attach with a metallic fastening thé metallic plate so furnished by the said Town Clerk; and if any person shall place or cause to be placed upon any such collar any counterfeit of any such metallic plate, or any such metallic plate without the tax on such dog having been first paid, he, she or they shall be liable to the penalties hereinafter provided. 305 § 6. It shall be the duty of such Town Clerk to provide such number of metallic plates as may be necessary, of such size and shape as he shall deem expedient (the shape to be changed each year) having stamped therein numbers indicating the year for which the tax is paid, and the letters “T. D. T.” and it shall be the duty of the said Town Clerk to deliver one of such metallic plates to the person so paying the tax on such dog. 306. § 7. If the owner of any fierce or dangerous dog shall permit the same to run or be at large within the limits of said Town of Cicero', to the danger or annoyance of any of the inhabitants of said Town, he, she or they shall be subject to the penalties hereinafter mentioned, and it shall not be lawful forTOWN OF CICERO. 161 the owner or keeper of any female dog to allow the same to run at large while in heat, 307. § 8. Whenever complaint under oath shall be made be- fore any Justice of the Peace or Police Magistrate, of said Town that any provision or section of this chapter has been violated, such action shall be taken as is provided for in Chapter XIX of these ordinances entitled: “Actions, Arrest, Trial and Punishment,” and if it shall appear to such Justice of the Peace or Police Magistrate, on the trial of such complaint, that any dog has bitten any person, and that the person so bitten was not at the time trespassing, or had not lately trespassed upon the person or property of the owner or keeper thereof, or any member of his or her family, and that such dog is a fierce and dangerous dog, the said Justice of the Peace or Police Magistrate before whom such trial may be held, may issue his warrant to any policeman of said Town, directing him to take wherever he may be found, to kill and bury such dog within forty-eight hours after having received such order. 308. § 9. It shall be the duty of all policemen of said Town to pursue, take wherever the same may be found upon the streets of the Town of Cicero or elsewhere at large, away from the home of its owner, and kill and bury any dog not having a collar on its neck with the metallic plate hereinbefore mentioned attached, and in addition thereto between the dates before mentioned, a good and substantial muzzle of wire, gauze or leather securely fastened on, so as to prevent it from biting. 309. § 10. It shall be unlawful for any person to resist any officer of the Town of Cicero in the lawful discharge of his duties under the provisions of any section of this ordinance. 310. § 11. Any person violating any provision or section of this chapter shall on conviction thereof be fined not to exceed one hundred dollars, and not less than five dollars.162 ORDINANCES OF THE CHAPTER XXXV. DRAM SHOPS. 311. § 1. Sales of intoxicants prohibited; License district bounded. 312. § 2. License; Fees; Rond. 813. § 3. License, what to contain; Expiration. 314. § 4. Time of opening and closing; Closed on Sunday. 315. § 5. Bond for compliance with ordinance. 316. § 6. Licenses signed by President and attested by Clerk; Revo- cation; Bowling alleys; Billiard tables; Gambling. 317. § 7. Violation; Penalty. 311. § 1. That no person by himself, his agent or his servant, shall sell or give away any intoxicating, fermented, malt or vinous liquors nor any liquor or beverage containing alcohol within the Town of Cicero; Provided, that the provisions of this ordinance shall not apply to the selling of any intoxicating liquors by any apothecary or druggist in said Town for medical, mechanical, sacramental or chemical purposes; and provided further, that in the district and territory in said Town of Cicero, described and bounded as follows, to wit: on the north by the center of Ogden avenue, on the west by the center of Robinson avenue, on the south by the south line of the Town of Cicero, and on the east by the east line of said Town, the Board of Trustees, upon the written application to them of the persons desiring the same, shall grant to any person of good moral character a license to keep a dram shop, subject to the conditions of this ordinance, within such last described district, which district is herein and hereby designated as a license district, and the balance and remainder of said Town of Cicero shall be known and treated as a prohibited district and territory, within which it shall not be lawful for any such license or licenses to be granted.TOWN OF CICERO. 16a 312. § 2. Every applicant for such dram shop license within such license district shall first pay to the Town Clerk, for a license fee for the use of said Town, the sum of two hundred and fifty dollars ($250) for the term of three months or less, or five hundred dollars ($500) for a term exceeding three months and not exceeding six months, or $750.00 for a term exceeding six months and not exceeding nine (9) months, and one thousand dollars ($1,000) for a term exceeding nine months and not exceeding one year; and every such applicant shall file with said Town Clerk a bond, to be approved by the Board of Trustees of said Town, such bond to be in the penal sum of three thousand dollars ($3,000), as provided in section five of an act of the General Assembly of this state entitled “An Act to provide for the licensing of and against the evils arising from the sale of intoxicating liquors,” approved March 30, 1874, in force July 1, 1874. 313. § 3. Such license shall state the time for which it is granted; it shall not extend beyond the 30th day of June next following the date of its issue, and shall expire in all cases on some one of the following dates: March 31, June 30, September 30, December 31. All such licenses shall state the place where the dram shop is to be kept, and shall not be transferable. 314. § 4. The premises where such dram shop is to be kept shall not be opened from twelve (12) o’clock on any Saturday night of any week until five (5) o’clock of the following Monday morning, and the same shall be closed every night at twelve (12) o’clock, and shall not be opened again before five (5) o’clock of the following morning. 315. § 5. No person shall be licensed to keep a saloon or to sell intoxicating liquors within such license district without first giving to the Board of Trustees of said Town of Cicero, in addition to the bond aforesaid, a bond payable to theL64 ORDINANCES OF THE Town of Cicero, in the penal sum of five hundred dollars ($500), with at least two good and sufficient sureties to be approved by the Board of Trustees, conditioned that such applicant for a license, and any and all persons in his employment, or subject to his control, shall comply with every and all resolutions, rules, regulations and ordinances of the Board of Trustees in force at the time of the approval of such bond, or that may be adopted by said Board during the continuance of such license, which relate in any manner to the sale of intoxicating liquors, or to the general peace and good government of the Town. Said bond shall be further conditioned that such applicant shall pay, or cause to be paid, all fines, penalties and costs which may be imposed upon him, or his employe or employes, servant or servants, agent or agents, or any other person or persons under his control, for any violation or breach of any such resolution, rule, regulation or ordinance aforesaid. 316. § 6. The President of the Town of Cicero is au- thorized to sign all licenses, and the Town Clerk shall attest the same, and affix the corporate seal thereto. Any license may be revoked by the Board of Trustees, whenever said Board shall be satisfied that the licensee has violated any of the rules, regulations, resolutions or ordinances of the Town, or keeps a disorderly or illgoverned house, or place of resort for idle or dissolute persons, or allowing any gaming in his saloon or in any building or place adjacent thereto. No bowling alley or billiard table or pool table shall be kept in or about the premises, without a license therefor from said Board of Trustees, whether in actual use or not. No playing for money, liquor, or anything else, upon any table of any kind, or with cards, or dice, or pigeon-holes, or upon or with any article, or with anything, shall be allowed in or about the premises. Any and all persons licensed under this ordinance shaliTOWN OF CICERO. 165 immediately cause to be and remain posted up in some conspicuous part of the room or bar kept or used for such purpose, his, her or their license issued hereunder. No person, by himself, his agent or his servant, shall sell or retail, or give away, any intoxicating, fermented, malt or vinous liquor within said license district, without having first obtained a license therefor, and complied with the provisions of this ordinance. i j j| ! |, j J, In prosecutions under this ordinance, it shall not be necessary to state the kind of liquor sold, nor to describe the place where sold, nor to show the knowledge of the principal, to convict for the acts of any agent, servant or employe. 317. § 7 Any person violating any paragraph, clause or provision of this chapter, shall be subject to a penalty of not less than twenty-five dollars nor more than one hundred dollars for each offense; and in addition thereto, his license, if he have one, may be revoked, as hereinbefore provided.166 ORDINANCES OF THE CHAPTER XXXVI. EXPLOSIVES. 318. § 1. Explosives stored within Town limits; License; Stone quarries; Storekeepers; Penalty; Separate violation. 319. g 2. Conveying* explosives through streets; Vehicle loaded with explosives standing on streets; Storage at doeks, etc; Violation; Penalty. 320. § 3. Money deposit with license; Exceptions. 321. §4. Expiration of licenses. 318. § 1. It shall not be lawful for any person or per- sons, corporation or corporations, to keep on hand or in store in any building or buildings, or any other place within the cor-parate limits of the Town, any gunpowder, dynamite, nitroglycerine, or any other explosive material or compound, unless a license to do so shall first have been obtained from the Board of Trustees of said Town, designating the exact location where such materials may be kept or stored; and no such license shall be issued except by a vote of Trustees of said Town. Provided, however, the provision of this section shall not be held or construed to apply to any powder magazine or place now used for the storing of powder, dynamite, nitro-glycerine or other explosive compounds, by the proprietors of stone quarries, or those working the same, so stored by them in the magazines located in or on their quarries, and for their use only. And provided further, the provisions of this section shall not apply to storekeepers; who may keep gunpowder in quantities of not exceeding fifty pounds, in store, for retailing, without such license. Any person or persons, corporation or corporations, violating the provisions of this section shall be subject to a fine of not less than twenty-five ($25) dollars, and not ex-TOWN OF CICERO. 167 ceeding one hundred ($100) dollars, for each and every such violation. And for every day that gunpowder, dynamite, nitro-gly-cerine, or other explosive material or materials, or compound, shall be stored or kept in a place in said Town, contrary to the provisions of this section; the person or persons, corporation nr corporations, so storing or keeping the same, shall be deemed guilty cf a separate violation thereof. 319. § 2. It shall not be lawful to convey through any street, alley, avenue, highway or other public place in the said Town, any dynamite, nitro-glycerine or any other material or explosive compound, other than gunpowder, unless a license to do so shall first have been obtained from the Board of Trustees of said Town, and no such license shall be issued except by vote of the Trustees of said Town. And no wagon, dray, cart or other vehicle, loaded in whole or in part with gunpowder, dynamite, nitro-glycerine or other explosives shall be permitted to stand on any street, alley, avenue, highway or other public place in the Town of Cicero. No gunpowder, dynamite, nitro-glycerine or other explosive compounds, shipped to or from the Town of Cicero, shall be permitted, or suffered to be, or remain on any dock, landing, street, alley, highway, railroad or car, in a greater quantity than fifty pounds, except as herein otherwise provided, for a longer period than a reasonable time for loading and unloading the same, which time however, shall not exceed twelve hours. Any person or persons, corporation or corporations, violating any provisions of this section shall be subject to a fine of not less than twenty-five dollars, and not exceeding one hundred dollars, for each and every violation thereof. 320. § 3. No license shall be issued to keep on hand, or in store in any building or buildings, or in any other place168 ORDINANCES OF THE within the corporate limits of said Town, any gunpowder, dynamite, nitro-glycerine or other explosive material or compound, unless the person or persons, corporation or corporations, to whom such license shall be issued, shall first have deposited in the treasury of the town, the sum of two thousand ($2,000) dollars; and no person or persons, corporation or corporations, shall receive a license to convey through any street, avenue, alley, highway or other public place in said Town any dynamite or nitro-glycerine, unless such person or persons, corporation or corporations, shall first have deposited in the town treasury the sum of one hundred dollars. Provided, however, the provisions of this section shall not be held or construed to apply to the proprietors of stone quarries, or to those working the same, who may now keep such explosives upon their quarries, as in section one provided, nor to storekeepers who may keep gunpowder, not exceeding fifty pounds at one time, and such persons shall not be compelled to make such deposit. 321. § 4. All licenses granted under the provisions of this chapter shall expire on the last day of June, in each year.TOWN OF CICERO. 169 CHAPTER XXXVII. 822. § 1. 823. § 2. 324. § 3. 325. § 4. 326. § 5. 327. § 6. 328. § 7. 329. § 8. 322. § FAST DRIVING OF HORSES. Speed limited to six miles an hour. Speed at crossings four miles an hour. Must walk through alleys; Penalty. Running at large; Penalty. To keep off sidewalks; Penalty. Racing; Penalty. Object of § 6 defined. Leaving horse, etc., unfastened when attached to vehicle. [. No person shall ride or drive any horse or horses or other animal in the Town of Cicero, except upon the boulevards, with greater speed than at the rate of six miles an hour, under the penalty of ten dollars for each offense, to be recovered from the owner or driver thereof, severally and respectively. 323. § 2. No person upon turning the corner of any street, or crossing the intersection of any street in the Town of Cicero, shall ride or drive any horse or horses or other animal with greater speed than at the rate of four miles an hour, under the penalty of ten dollars for each offense. 324. § 3. No person shall ride or drive any horse or horses or other animal in or through any alley in the Town of Cicero, or at the time of issuing from or quitting such alley with a greater rate of speed than a walk, under the penalty of ten dollars for each offense. 325. § 4. No horse shall be suffered or permitted to go loose or at large in any of the streets in the Town of Cicero, under the penalty of ten dollars for each and every such offense to be paid by the owner or person having the care, charge or keeping thereof, severally and respectively.170 ORDINANCES OF THE 326. § 5. No person shall suffer or permit to go, or lead, or ride, or drive any horse upon any sidewalk in the Town of Cicero, under the penalty of five dollars for each offense, to be paid by the owner or person having the care, charge or keeping thereof, severally and respectively. 327. § 6. No person shall run or race ^ any horse in any public street, road or avenue in the Town of Cicero, nor shall consent to or suffer such racing, under the penalty of ten dollars, to be recovered from the person or persons who shall so race, or suffer or permit such racing, and the owner, rider and the person having charge of any animal which shall so race and run, severally and respectively. 328. § 7. The last preceding section of this chapter shall be construed to prevent and punish the running, racing or trotting of any horse or horses for any trial of speed, or for the purpose of passing any other horse or horses whether the same be founded upon any stake, bet or otherwise. 329. § 8. No person shall leave any horse, horses or other 'animal attached to any carriage, wagon, cart, sleigh, sled or other vehicle in any part of the streets, avenues, alleys or lanes of this Town without securely fastening such horse horses or other animal under a penalty for each offense of not less than two dollars.TOWN OF CICERO. 171 CHAPTER XXXVIII. FENCES. 880. §1. Barbed wire prohibited. 281. § 2. Removal of existing barbed wire fences; Penalty. 882. § 8. Penalty. 330. § 1. No fence or barrier consisting of what is called “barbed wire,” or of which barbed wire is a part, shall be built, constructed or used within the Town of Cicero along the line of, or in, or upon, or along any street, alley or public walk, or drive, or through, along, or around any public park, or in and about, or along any land or lots or parks owned or controlled by the Town oi Cicero. 331. § 2. Wherever in the Town of Cicero in, along or through any public street, alley or park barbed wire is now used in part or in whole for fence or barrier, the same shall be removed, and any party or parties owning, controlling or building the same, shall, upon written notice from the President of the Town of Cicero, remove such barbed wire within ten days from the service of such notice upon the party or parties so building, controlling or maintaining such barbed wire fence or barrier and upon failure so to do, such party or parties shall be subject to a fine as hereinafter provided and the said fence or barrier may be removed by said Town upon the order of its President. 332. § 3. Any person or persons violating any of the provisions of this chapter shall be subject to a fine of not less than ten nor more than twenty-five dollars.172 ORDINANCES OF THE CHAPTER XXXIX. FIRE LIMITS. 333. § 1. Location of fire limits No. 1 and No. 2. 334. § 2. Repairing frame Buildings. 335. § 3. Sheds; Dimensions. 336. § 4. Shelter sheds. 337. § 5. Erecting and moving frame buildings. 338. § 6. All other buildings prohibited; Cottages; Dimensions. 339. § 7. Penalty. 333. § 1. The extent of Fire Limits numbers “one” and “two” in the Town of Cicero, as heretofore established, is as follows: Fire Limits No. 1 includes only a strip of land one hundred (100) feet wide, lying along the north side of Lake street, extending from Harlem avenue east for a distance of 843.64 feet, and a strip of land eighty (80) feet wide lying along the south side of Lake street extending from Harlem avenue east for a distance of 821.6 feet. Fire Limits No. 2 is bounded as follows, to wit: On the east by Austin avenue, on the south by North boulevard, on the west by Oak Park avenue, and on the north by the first alley north of Lake street, running east and west, all in the Town of Cicero, which is hereby declared to be, and shall be known as Fire Limits Number Two of the Town of Cicero. No business shall be established or carried on within these limits more hazardous than that already conducted within said limits, as defined by the classification of hazards now in force by the Chicago Fire Underwriters’ Association of Chicago, Illinois. 334. § 2. Within said territory above mentioned it shall be unlawful to repair any frame building, when such buildingTOWN OF CICERO. 173 shall have been damaged by fire, decay, or otherwise to the extent of fifty per cent, of its value. 335- § 3* Sheds not exceeding twelve (12) feet in height from the ground to the highest point thereof, and not exceeding two hundred and fifty-six (256) square feet in area, may be constructed in said territory of wood; such sheds shall be separate structures but shall not be located upon the front part of any lot, nor shall any shed be used as a dwelling or for any business purpose whatever, nor shall more than one shed be erected upon any one building lot. 336. § 4. In said territory shelter sheds may be con- structed, having an incombustible roof not over twenty (20) feet from the ground at the highest point, the roof to be supported by sufficient posts or piles; such sheds shall have no enclosing walls or wooden floors. 337- § 5* No person, firm or corporation shall, after the passage of this Ordinance, erect or move any frame building upon or within the said territory. 338. § 6. No other building shall be hereafter erected within said territory 'above described except with its circumscribing walls of brick, stone or other incombustible materials; placed upon proper foundation of masonry, and the weather covering of all roofs of such buildings shall be made of incombustible materials, provided, however, cottages not exceeding one and one-half stories in height may be placed on proper wooden sills resting upon posts or piles; and all buildings erected within said territory shall conform to the requirements of this chapter and of all ordinances of the Town of Cicero relating to buildings. 339. § 7. Any person, firm or corporation, violating, or attempting to violate any of the provisions of this ordinance, shall, upon conviction, be fined in any sum not less than ten dollars ($10) nor more than five hundred dollars, or such per-174 ORDINANCES OF THE son or firm, or the manager or managers of such corporation, be imprisoned not exceeding thirty (30) days, and each day that any such structure or building, or any part thereof, erected in violation of this ordinance, is maintained, shall constitute a separate offense under this ordinance.TOWN OF CICERO. 175 CHAPTER XL. FIRE ARMS AND FIRE CRACKERS. 340. § 1. No firing of fire arms or exploding of fireworks without written permission. 341. § 2. Penalty. 340. § 1. That no person shall, within the limits of the Town of Cicero, fire or discharge any cannon, gun, fowling piece, pistol, or fire arms of any description, or Are, explode, or set off, any squib, cracker, or other thing containing powder or other explosive material without written permission from the Board of Trustees of said Town, which permission shall limit the time of firing, and shall be subject to be revoked by the said Board of Trustees at any time after it has been granted. 341. § 2. Any violation of this chapter shall subject the party guilty of such violation to a fine of not less than two dollars nor more than one hundred dollars.176 ORDINANCES OF THE CHAPTER XLI. GAME AND SONG BIRDS. 842. § 1. Time for killing various game birds; Killing at night; Penalty. 848. § 2. Unlawful to buy or sell or have in possession; Penalty. 844. § 8. Song birds enumerated; Killing prohibited; Penalty. 342. § 1. That it shall be unlawful for any person to hunt or pursue, kill or trap, net or ensnare, or otherwise destroy between the first day of December and the fifteenth day of August of the succeeding year, any pinated grouse 01* prairie chicken, or any quail or ruffled grouse, between the first day of January and the first day of October of each and every year; or any wild goose, duck, brant or other water fowl between the first day of May and the fifteenth day of August of each and every year; and it shall further be unlawful to shoot, kill, or destroy, or attempt to shoot, kill, or destroy, any wild goose, duck, brant, or other wild fowl during the night time at any season of the year; or any woodcock between the first day of January and the fourth day of July in each and every year. And any person so offending shall, for each and every offense, be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than five dollars nor more than twenty-five dollars and costs of suit. 343. § 2. It shall be unlawful for any person to buy, sell, or have in possession any of the wild fowls or birds mentioned in section 1 of this ordinance at any time when the trapping, netting or ensnaring of such wild fowls or birds shall be unlawful, which shall have been entrapped, netted, or ensnared contrary to the provisions of this Ordinance; and any person so offending shall, on conviction, be subject to the same finesTOWN OF CICERO. ITT and penalties, to be enforced and collected in the same manner as provided in said section i. 344. § 3. No person at any time shall kill or attempt to trap, net, ensnare, destroy or kill any robin, blue bird, swallow, martin, mosquito hawk, whippoorwill, cuckoo, woodpecker, cat bird, brown thrasher, red bird, scarlet tanager, black bird, hanging bird, gold finch, mocking bird, blue jay, finch, thrush, lark, cherry bird, yellow bird, oriole, * or bobo- link, nor rob or destoy the nest or eggs of such birds, or either or any of them. And any person so offending shall, on conviction, be fined the sum of five dollars for each and every bird so killed and for each and every nest or eggs robbed or destroyed; provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on said lands when deemed necessary by him for the protection of fruits or property.178 ORDINANCES OF THE CHAPTER XLII. GAMING. 345. § 1. Gambling house prohibited; Penalty. 340. § 2. Keeper of a disorderly or gaming house; Penalty. 347. § 3. Police may destroy gaming tools; Resisting officer; Penalty; Right of entry. 348. § 4. Frequenter of gambling house; Penalty. 349. § 5. Penalty for gambling. 345. § 1. No person shall have, keep or permit to be used in any building or place within the Town of Cicero, used, occupied or controlled by such person any table, board, playing cards or any other instrument, device or thing used for gambling, whereon or with which money, liquor or other articles shall in any manner be played for, under a fine not exceeding one hundred dollars and not less than ten dollars. 346. § 2. If any person or persons shall keep a disorderly or gaming house, such person or persons shall, for each and every offense forfeit and pay 'a penalty of twenty-five dollars, and also the further penalty of twenty-live dollars for every forty-eight hours during which such person or persons shall continue to keep the same after the first conviction for any violation of this section. 347. § 3. Any member of the police force of this Town may seize any instrument, device or thing used for the purpose of gaming, or by or with which money or articles of value may be lost or won, and all such instruments, devices or things may be demolished or destroyed. Any person obstructing or resisting any member of the police force in the performance of any act authorized by this section, shall be fined in a sum not exceeding one hundred dollars and not less than ten dollars.TOWN OF CICERO. 179 If the owner or keeper of, or any person within, any gambling house or room or any disorderly house within this Town, shall refuse to permit any member of the police force to enter the same, it shall be lawful for such member or members of the police force to enter, or cause the same to be entered, by force, by breaking the doors or otherwise, and to arrest, with or without warrant, all suspicious persons found therein. 348. § 4. Any person who is a frequenter, visitor, inmate, doorkeeper, solicitor, runner, agent or abettor of or for any house, store, grocery, hall, room, or any other place, where are kept any instrument, device or thing used for gambling, whereon or with which money, liquor or other articles shall be played for, shall, upon conviction, be fined in a sum not exceeding one hundred dollars and not less than five dollars. 349. § 5. No person shall play any game of chance in any building or place within the Town of Cicero, upon any table, or with playing cards, or any other instrument, device or thing used for gambling for money, liquor or any article of value, under a fine of not exceeding fifty dollars nor less than live dollars.ìeo ORDINANCES OF THE CHAPTER XLIII. GASOLINE. 350. § 1. Storing crude petroleum, gasoline, etc., regulated. 351. § 2. Storage in specially constructed building; Location. 352. § 3. Sell only in daylight. 353. § 4. Penalty. 350. § 1. It shall be unlawful for any person, persons or corporation to store, or keep within the corporate limits of the Town of Cicero any crude petroleum, gasoline, naptha, benzine, camphene, spirit gas, or burning fluid exceeding a quantity of two barrels, and it shall also be unlawful to keep for sale or on storage any refined carbon oil, kerosene or other products of coal, rock or earth oils for illuminating purposes, excepting such refined oils as will stand the fire test of 150 degrees Fahrenheit, and no crude petroleum, gasoline, naptha, benzine, carbon oil, camphene, spirit gas, or burning fluid shall be kept or stored on any street or alley for a longer time than is sufficient to receive and deliver the same, provided, such time shall not exceed six hours. 351. § 2. All gasoline in the possession of any dealer thereof, must be stored and kept only in a building especially constructed for the holding of same. Said building to be lined on the floor and four sides with brick or sheet iron and be properly ventilated at the top. Said building to be not less than twenty-five feet distant from any store or dwelling. 352. § 3. It shall not be lawful for any person, persons or corporation within the corporate limits of the Town of Cicero to receive, deliver, send or sell any of the articles mentioned in section 1 of this ordinance except during the hours of daylightTOWN OF CICERO. 181 353. § 4. Any person, persons or corporation who shall violate any of the provisions of this ordinance shall, on conviction thereof, be fined not less than five dollars nor more than one hundred dollars.182 ORDINANCES OF THE CHAPTER XLIV. GRADES. 351. § 1. Town datum established.* 355. § 2. Prairie surface of street is grade established. 356. § 3. Grade of sidewalks. 354. § 1. That a base or datum for the grades and lev els of the Town of Cicero be, and the same are hereby fixed at the plane of low water mark of Lake Michigan, in the year 1847, as established by the Trustees of the Illinois and Michigan Canal, being twenty-three and thirty hundredths 23 30-100 feet below the upper and outer edge of the lower water table at the north-west corner of the school house at Crawford, now in the City of Chicago; also twenty-seven and twenty-six hundredths (27 26-100) feet below the upper and outer edge of the lower water table of Tilton school house at car shops, now in the City of Chicago. The base or datum hereby established shall be known as “The datum of Town grades,” or “Town Datum.” 355. § 2. That in all cases where grades have not been established by the Board of Trustees the natural surface of the prairie shall be and is the established grade. 356. § 3. The grade of sidewalks (except where otherwise specifically provided) shall be the top of the same, at the edge next to the street, three inches higher than the established grade of the street; that is to say, the top of the sidewalk at the edge nearest the roadway shall be three inches above the top of the curb-stones and crown or center of the street as *Note: This section is a re-enactment of ordinance previously adopted and recorded on page 296 of book “B” of the records of ordidances of the Town of CiceroTOWN OF CICERO. 183 fixed by ordinance when so fixed, and all sidewalks shall incline upwards from the outer edge nearest the roadway towards the line of building or lots at the rate of one-fourth of an inch to the foot.184 ORDINANCES OF THE CHAPTER XLV. HIGHWAYS. 357. § 1. Driving cattle; Injuring ditches, sidewalks, etc. 358. § 2. Herding, driving or staking cattle. 359. § 3. Paved Streets; No oils or rubbish thereon. 300. § 4. Object of this chapter to prevent damage. 301. § 5. Penalty. 357. § 1. That any person or persons, or corporation, who by themselves or by his, her or their agent òr agents shall drive any horse, cattle, hogs, sheep, calf or other animal on or through the highways, streets, alleys or other public places of said Town, on or along which there is now built or shall hereafter be built any sidewalk, or where there is now or shall hereafter be planted any tree or shrub, and when so driving the same or when herding the same shall suffer or permit any horse, cow, bull, calf or cattle of any kind, swine, sheep or other animal to stray out of the traveled part of such highway, street, alley, road, or other public place into the ditch or ditches or on sidewalks along or by the said highways, streets, alleys or other public places, or shall suffer or permit such horse, cow, bull, calf, swine, sheep or other animal to injure any trees or shrubs planted, or any sidewalk or ditch along such street, alley, or public place, such person or persons, or corporation, on conviction thereof, shall be fined not less than one dollar and not more than one hundred dollars for each and every such offense. 358. § 2. That no person or persons or corporation shall by themselves, or his, her or their agent or agents, herd, drive, stake or fasten any of the animals mentioned in the foregoing section in the street or on private property, so near or close to any side-TOWN OF CICERO. 185 walk, ditch, shrub, or tree, on or along, or by any of the places mentioned in the foregoing section, that any such ariimal shall encroach or trespass on or damage any such sidewalk, ditch, shrub or tree. 359- § 3* That no person or persons, or corporation, him- self, herself or itself, or by his, her, their or its agent or agents shall throw, place or drop upon the roadway of any street in the Town of Cicero which has been macadamized, paved, or covered with asphalt or gravel, any gasoline, kerosene, oil, earth, ashes or other rubbish, or any other substance liable to injure the pavement of any street, nor cause the same to be done. 360. § 4. It is hereby declared to be the object of this chapter to prevent damage being done to the streets, pavements, sidewalks, ditches, trees and shrubs in said Town, and to prevent damage and inconvenience to the inhabitants of said Town. 361. § 5. That any person who violates any of the provisions of this ordinance shall pay a penalty of not less than ten nor more than two hundred dollars for each offense.186 OKDINANCES OF THE CHAPTER XLVI. HOUSE MOVING. 362. § 1. Moving of houses prohibited except by licensed house- mover; License; Bond. 363. § 2. Application filed for license; Fee. 364. § 3. Permit to move building; Value of building; Assent of resident owners. 365. § 4. When using street, to display red light at night; Condition of streets. 366. § 5. Penalty. 362. § 1. That no person except a licensed house mover shall move any house, barn or other building- over, across or along any street or alley within the limits of the said Town, and every person shall annually, before engaging in such occupation, obtain a license therefor from the Board of Trustees of said Town, and no such license shall be granted until the party applying therefor shall have given a bond in the sum of $1,500 with good and sufficient sureties to be approved by said Board of Trustees, conditioned among other things that said party will pay any and all damages which may happen to any tree, pavement, or sidewalk or any other property belonging to the said Town of Cicero, whether said damage shall be inflicted by said party or his agents, employes or workmen; and conditioned also that said party will immediately pay any judgment that may be obtained 'against the said Town of Cicero, as well as any costs the said Town may incur in consequence of the granting of such license, and all the acts done thereunder, and will, in all things, strictly comply with the conditions of his permit. 363. § 2. The license herein provided for shall be issued upon written application, accompanied by a satisfactory bond, and the sum of $25 as a fee therefor for the term of one year, $15 for the term of six months and $7.50 for the term of three months.TOWN OF CICERO. 187 364. § 3. The said licensed person shall, in each and every instance, before moving any building, obtain a written permit to do so from the Town Clerk, and shall pay to said Clerk a fee therefor of two dollars; thereupon said Clerk shall issue a permit stating specifically the conditions prescribing the route to be taken and limiting the time for the removal. Provided, however, that no permit shall be issued for the removal of any frame building in the Town of Cicero unless such building is worth at least thirty per cent, of a similar building when new; nor unless there shall be presented to the said Clerk the written assent of the majority of resident owners in the same block fronting on the street upon which the said building is to front. 365. § 4. Every house mover »while using any portion of the street or sidewalk shall cause at least one red light to be placed in a conspicuous place in front and one in the rear of any building or any other obstruction placed in the street by him, from sun-set to sun-rise of each night. Tie shall also leave all streets and alleys over which he has moved any building in as good condition as they were before being so used by him, and shall strictly comply with the terms of his permit. 366 § 5. Any person violating any of the conditions of this ordinance shall pay a penalty of not less than fifty dollars nor exceeding five hundred dollars.188 ORDINANCES OF THE CHAPTER XLVII ICE. 367. § 1. License; Application, its contents; Application to be veri- fied; Ice for domestic use defined; Bond; License and license fee. 368. § 2. Ice from specified localities not to be sold for domestic use. 369. § 3. Inspection of places, vehicles and ice. 370. § 4. Trustees shall make rules for storing1, delivery and in- spection. 371. § 5. Permit for sale or delivery of impure ice; Printed notice of such sale or delivery to be furnished. 372. § 6. Milk inspector to inspect ice; Provisions of chapter on “Milk” to apply to ice. 373. § 7. Sold by avoirdupoise weight; weighing apparatus sealed by town sealer. 374. § 8. Wagons to bear numbers and date of license. 875. § 9. Penalty. 367. § 1. That every person, firm or corporation desiring to engage in the business of retailing and selling any ice from house to house, or to hotels, restaurants, saloons or other places where such ice so sold and delivered may be used in contact with articles of food or drink (which use is hereinafter referred to as “domestic use”) shall, before engaging in such business, file a written application with the Commissioner of Health for a license therefor, stating in such application the place or places where such ice is to be, or has been cut or gathered, the means of delivery, the location of the depots or places in the Town of Cicero from which such ice is to be delivered, and the quality of the ice intended to be sold. Such application shall be verified by the oath of the applicant, or if the applicant is a firm or corporation by the oath of a member of the firm or some officer of the corporation; and the person verifying shall state under oath that the matters stated in the application are true.TOWN OF CICERO. 189 All ice to be sold and delivered within the Town of Cicero for domestic use, as aforesaid, shall be pure and healthful ice, free from matter deleterious to health; and such ice is hereby defined to be ice which, upon chemic and bacteriologic examination, shall be found to be free from nitrates and pathogenic bacteria, and to contain not more than nine thousandths (.009) of one part of free ammonia and nine hundredths (.09) of one part of albuminoid ammonia in one hundred thousand (100,000) parts, and in respect to which the loss on ignition shall be less than one-half of the total solids. Said Commissioner of Health shall examine such application, and if it shall appear to him therefrom that the ice intended to be sold is such ice as may under this ordinance be lawfully sold and delivered in the Town of Cicero for domestic use as aforesaid, said Commissioner shall take from the applicant a bond to the Town of Cicero with sufficient surety, in the sum of five hundred dollars ($500), conditioned that the applicant shall comply with all the ordinances of the Town of Cicero, relating to‘ the cutting, storing, selling and delivery of ice, and with all lawful rules and regulations of the Board of Trustees touching the ice business and touching the protection and care of articles of drink, food and food materials, and that the applicant will not sell or give away in the Town of Cicero any ice containing any substance deleterious to health during the period of the license hereinafter mentioned, except as hereinafter provided. Upon receiving such bond and application the Commissioner of Health shall keep the same safely in his office, and shall issue and deliver to the applicant a recommendation to the President of the Town, requesting him to direct the Town Clerk, upon receipt of the prescribed fee to issue to the applicant a license to sell and deliver ice from house to house and from place to place within the Town of Cicero in conformity with his application.190 ORDINANCES OF THE The fee for every such license shall be at the annual rate of five ($5) dollars from each applicant operating or employing one vehicle for the delivery of ice in said Town of Cicero and at the same rate for any part of a year, except that no license shall be issued for a period less than six months; and from each applicant operating more than one vehicle, the fee shall be at the same annual and proportionate rates for each vehicle so employed. 368 § 2. No person, firm or corporation, shall sell or de- liver in the Town of Cicero any ice for domestic use, as aforesaid, which shall have been taken or gathered from the Chicago or Calumet or Desplaines Rivers or any of their branches, or from any body of water within the City of Chicago or Town of Cicero which is stagnant or in which refuse, industrial wastes, garbage, sewage or any other material tending to destroy the purity of the water according to the standard fixed by this ordinance has been pumped, placed, discharged or in any manner to be found; and no ice from any of the waters above prohibited shall be sold or delivered in the Town of Cicero for domestic use as aforesaid which shall have been taken from any lake, pond, river, stream or other body of water wherever located which is defiled by sewage, garbage, ashes, decaying vegetation, refuse or wastes from any industry or by any other substance tending to make the water impure and unhealthful according to the standard fixed by this ordinance. 369* § 3* It shall be the duty of the Commissioner of Health to examine, or cause to be examined from time to time the places where ice is to be gathered or has been gathered, for sale and delivery as aforesaid within the Town of Cicero and all places where such ice may be stored or kept, and every vehicle in which the same may be delivered on any part of its route from tiie place where it is gathered to the final customer; and to examine or cause to be examined from time to time ice so sold or delivered, or to be sold or delivered, so far as he may deemTOWN OF CICERO. 191 necessary or expedient to ascertain whether such ice is pure and healthful and free from matter deleterious u> health according to said standard; and if from such examination, it shall be found that any person or corporation has sold and distributed, or is selling and delivering, any ice for domestic use as aforesaid below the standard above fixed, or any ice contrary to the provisions of this ordinance, the said Commissioner shall cause every such offender to be prosecuted. 370. § 4. The Board of Trustees shall from time to time make such reasonable rules as to the storing and delivery and inspection of ice, to be sold or delivered in the Town of Cicero for domestic use, as aforesaid, as will prevent the distribution in said city for domestic use, as aforesaid, of any impure ice or ice containing deleterious substances according to said standard: and any refusal or neglect to obey such lawful rule shall be punished as a violation of this ordinance. 371. § 5. This ordinance shall not be construed to prohibit the selling or delivering of impure ice to be used only for packing or cooling purposes, that is to say, for use in refrigerators, refrigerator cars, freezing machines, rooms and other places where it will not come in contact with articles of food or drink; provided, that 'a permit be first obtained from the Commissioner of Health to sell, deliver or use impure ice for the purposes aforesaid and £or no other purpose. Whenever any impure ice for packing or cooling purposes shall be sold or delivered from any wagon or other vehicle the driver or other person in charge thereof shall carry a supply of printed cards, on which shall be printed in large legible letters the words, Ice for Packing or Cooling Purposes only: Not for Domestic Use, and he shall hand with each delivery of such ice one such card to each customer thereof, or to the person who receives the same, and shall take at the same time a receipt, which shall be given him by such purchaser or recipient, on which the192 ORDINANCES OF THE said words shall be similarly printed. No ice for packing or cooling purposes shall be sold or delivered in the Town of Cicero by any person, firm or corporation, without such permit, or otherwise than in conformity with the provisions of this section. 372. § 6. In order to carry out the provisions of this chapter it is hereby provided that the Milk Inspector shall have charge of the ice inspection provided by this chapter and all the provisions of the chapter entitled “milk,” so far as the same are applicable are hereby adopted for this chapter. 373. § 7. All ice sold, offered, or exposed for sale, shall be sold by avoirdupois weight, except in such cases where it may be otherwise agreed upon between the buyer and the seller. All sellers of ice at the time of delivery thereof, shall be provided with a suitable steelyard, balance or other apparatus for weighing, duly adjusted by the Sealer of Weights and Measures, with wdiich to weigh the quantity of ice sold, if required by the buyer. 374. § 8. Dealers licensed under this act shall place in prominent view on each of the vehicles or wagons for distribution of ice the word, Licensed, and shall give the number and date of expiration of the license under which the said vehicles or wagons may respectively be operated. 375. § 9. Any person, firm or corporation violating any of the provisions of this ordinance shall be subject to a penalty of not less than twenty-five dollars ($25), or more than one hundred dollars ($100) for each offense.TOWN OF CICERO. 193 CHAPTER XLVI1I. INTELLIGENCE OFFICES. 876. § 1. Keeper of intelligence office defined. 877. § 2. License. 878. § 8. What license shall contain. 879. § 4» License fee. 880. § 5. Penalty. 881. § 6. Fraudulently obtaining fees; Penalty. 376. § J. Any person who shall establish or keep any office or place within the Town of Cicero for the purpose of obtaining place or employment for male or female family domestics, servants or other laborers or for procuring or giving information concerning such places for or to such domestics, servants or laborers or for procuring or giving information concerning such domestics, servants or laborers for or to employers, shall be deemed a keeper of an intelligence office. 377. § 2. The President of the Town shall from time to time issue licenses to so many and such persons as he shall think proper, to keep intelligence offices in this Town and shall have power to revoke all or any of the said licenses at pleasure. 378. § 3. Each license shall designate the house in which the person licensed shall keep his office and the number of such license and shall continue to be in force until the last day of June next ensuing the date thereof, and no longer, unless sooner revoked by the President. 379. § 4. Every person who may be licensed under and by virtue of the provisions of this chapter shall pay to the Town Treasurer for the use of the Town the sum of two dollars. 380. § 5. No person shall keep any intelligence office in the Town of Cicero without having such license as aforesaid, or after194 ORDINANCES OF THE the same shall have been revoked or shall have expired, or at any other house or place than is designated in such license, under the penalty of fifty dollars for every such offense. 381. § 6. Any person keeping an intelligence office as afore- said who shall directly or indirectly or through any agent or other person or persons make use of any improper device, deceit, false representation, false pretense or any imposition whatsoever for any improper purpose or for the purpose of obtaining a fee, money, gratuity or other thing of value from any customer, person or persons, or patron or patrons, shall on conviction be fined in a sum not less than twenty dollars nor more than one hundred dollars.TOWN OF CICEKO. 195 CHAPTER XLIX. JUNK DEALERS. 882. § 1. License required; Penalty. 888. § 2. Board of Trustees to grant license. 384. § 3. License fee. 385. § 4. Bond required. 386. § 5, Articles prohibited from purchase or sale; Must not con- duct pawn shop. 387. § 6. Record of purchases. 388. § 7. Record book open for inspection by trustees and police. 389. § 8. Penalty. 390. § 9. Hand carts for junk prohibited; License for junk cart. 391. § 10. Licensed dealer may use carts; Name, address and license number painted on cart. 392. § 11. Removal of dealer; Change in license and printing on cart. 393. § 12. Purchase from Minors; Penalty. 394. § 13. Night business prohibited; Penalty. 395. § 14. Expiration of license. 396. § 15. Exhibiting to trustees or police lost or stolen goods; Penalty. 397. § 16. Captain of police to be inspector of junk shops. 398. § 17. Penalty. 382. § 1. No person shall use, exercise or carry on the business of a keeper of a junk shop, or what is commonly called a junk shop, for the purchase and sale of junk, rags, empty bottles, old rope, paper or bagging, old iron, brass, copper, tin or other metals, without being specially licensed for such purpose, nor shall any person carry on such business at any other house or place than the one designated in such license, nor shall any person continue to carry on such business after such license may have been revoked, under the penalty of twenty-five dollars for every such offense. 383. § 2. The Board of Trustees may grant licenses to any196 ORDINANCES OF THE person as they may deem proper, to keep what are commonly called junk shops, for the purchase and sale of junk, old rope, empty bottles, old iron, brass, copper, tin, lead or other metals. Such license shall be granted only on application of the person desiring the same, stating the location of the place where it is proposed to carry on such business, and such place shall be designated in such license. 384. § 3. Every person receiving such license shall pay therefor annually the sum of twenty-five dollars for the use of the Town. 385. § 4. Every person so licensed shall at the time of receiving such license, enter, with sufficient surety, into a joint and several bond to the Town of Cicero, in the penal sum of two hundred and fifty dollars, conditioned for the due observance of such ordinances of the Town as may be passed or shall be in force respecting the keeping of junk shops at any time during the continuance of such license. 386 § 5. No keeper of a junk shop shall buy or sell any coin of any description, or any article of gold or silver, or any wearing apparel, or any article of household furniture, or any implement, tool or utensil, in a sound, unbroken or undamaged condition; nor shall such keeper receive in the line of his business, any article or thing by way of pledge or pawn; nor shall such keeper loan or advance any sum of money on the security of any such article or thing. 387. § 6. Every keeper of a junk shop shall provide and keep a book, in which shall be fairly written at the time of every purchase, a description of the article so purchased, the name and residence of the person from whom such purchase was made, and the day and hour of such purchase. 388. § 7. Every such book shall at all times be open to the inspection of the Board of Trustees, or any member of the Board of Trustees, and any member of the police force.TOWN OF CICERO. 197 389. § 8. Every such keeper of a junk shop who shall violate, or neglect, or refuse to comply with the foregoing provisions of this ordinance, or either of them, shall for every such offense forfeit and pay the sum of twenty-five dollars. 390. § 9. No person shall draw or drive, or procure to be drawn or driven, through the streets of this Town, any handcart, wheelbarrow or other cart or vehicle, for the purpose of collecting junk, rags, old rope, paper or bagging, empty bottles, old iron, brass, copper, tin or other metals, nor shall any person be entitled to have a cart or carts, or other vehicle or vehicles to be used for the aforesaid purpose, without being first licensed by the Board of Trustees to keep a junk shop. 391. § 10. Every licensed keeper of a junk shop, for the purchase and sale of rags, old rope, old iron, brass, copper, empty bottles, tin, or other metals, shall be entitled to keep one or more carts, wagons or other vehicles, for the purpose of collecting old junk, rags, old rope, old iron, brass, copper, empty bottles, tin, or other metals, in the Town of Cicero; Provided, he or she shall before using such carts, wagons, or other vehicles, or causing the same to be used, cause to be painted on the outer side of such hand-cart, wheel-barrows or other carts or vehicles, his name at length, the street and number of his place of business, the number of his license in plain letters and figures put on with paint of not less than two and a half inches in length. 392. § 11. In case any person so licensed as aforesaid, as a keeper of a junk shop, shall remove his or her store or place of business from the place designated in said license, such keeper shall immediately thereupon give notice to the Town Clerk and have the same endorsed upon such license, and the number of such place of business shall thereupon be changed on the sides of the vehicle used by such licensed dealer, and made to correspond with such change of store or place of business. 393. § 12. No keeper of a junk shop shall purchase any198 ORDINANCES OF THE goods, article or thing whatsoever, except old rags and waste paper, from any minor under the age of eighteen years, under the penalty of not less than five nor more than fifty dollars for each offense. 394. §13. No keeper of a junk shop shall purchase in the way of such business any goods, articles or things whatsoever, from any person or persons whomsoever, between the hours of 10 o’clock P. M;. and 6 o’clock A. M., under penalty of twenty-five dollars for every such offense. 395. § 14. Every such license shall continue in force until the last day of June next following the granting thereof, unless sooner revoked by the Board of Trustees, and no longer.. 396. § 15. Every keeper of a junk shop who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, or alleged or supposed to have been lost or stolen, shall forthwith on a demand to view the same, present the same to the Board of Trustees or any member thereof, or officer of the Police force, under the penalty of fifty dollars for every neglect or refusal to do so. 397. § 16. The Captain of Police, aided and assisted by such policemen as he may deem necessary, shall be the inspector of junk shops. 398. § 17. Whoever shall violate any of the provisions of this ordinance, where no other penalty is provided, shall be subject to a penalty of not less than ten dollars for every such offense.TOWN OF CICERO. 199 CHAPTER L. LICENSES. 399. § 1. License granted by board of trustees. 400. § 2. License issued by clerk upon payment of fees. 401. § 3. Licenses subject to present and future regulations of board of trustees; Violation; Revocation. 402. § 4. License not assignable. 403. § 5. Duration and expiration of license. 404. § 6. President to hear and grant applications for license. 405. § 7. Clerk to receive fees. 406. § 8. Revocation of license by President. 407. § 9. Fees for fractional parts of year. 408. § 10. No person beginning business before obtaining license shall have benefit of section 9. 399. § 1. All licenses shall be granted by the Board of Trustees from time to time to such persons as they may deem proper. 400. § 2. Each and every license authorized and required by this ordinance and granted by the Board shall be issued by the Town Clerk upon payment of the license fee or tax, and not otherwise. 401. § 3. All licenses shall be subject to the ordinances and regulations which may be in force at the time of issuing thereof, or which may subsequently be made by the Board of Trustees, and if any person so licensed shall violate any of the provisions thereof, he shall be liable to be proceeded against for any fine or penalty imposed thereby, and his license may be revoked in the discretion of the Board of Trustees. 402. § 4. No license granted under this ordinance shall be assignable or transferable without permission of the Board of Trustees, nor shall any such license authorize any person to do200 ORDINANCES OF THE business or act under it but the person named therein, except as is in this ordinance otherwise provided. 403. § 5* No license shall be granted for a longer period than one year, and every license shall expire on the last day of June next following, unless otherwise specifically provided by ordinance. Every license shall be signed by the President of the Town and countersigned by the Town Clerk under the corporate seal of the Town. 404. § 6. In all cases where it is not otherwise expressly provided the President of the Town shall have power to hear and grant applications for licenses upon the terms specified by this ordinance, and all licenses shall be issued to such person or persons as shall comply in all respects with the provisions of this chapter, and as the President of the Town in his discretion shall deem suitable and proper persons to be licensed. 405. § 7* The Town Clerk shall receipt for all moneys for any licenses that may be granted under the authority of said Town, upon any account whatever; his receipt shall be a discharge to the person to whom given to the extent and purport thereof, but no person shall be deemed to be licensed in any case until the issuing of the license in due form as herein required. 406. § 8. Whenever it shall appear from the license register kept by the Clerk, or the books and records of the Town, that any person holding any license or permit of any kind or privilege granted by the Town has failed to pay the amount due thereon, or other kind of penalty, license, fine, debt, or liability whatever, the Clerk or Treasurer, as the case may be, shall report the fact to the President, whose duty it shall be promptly to revoke said license, permit or privilege. 407. § 9* When any license is issued after the first day of July in any year the same shall be issued to the person applying therefor upon his paying therefor the number of twelfth parts of the sum fixed for a yearly license equal to the number of monthsTOWN OF CICERO. 201 which will elapse between the date of the application for the license and the day when under this chapter said license is made to expire ; Provided, however, that in determining the price to1 be paid, the month in which the application is made shall be counted and included in the number of months to elapse. Provided, however, that this section shall not conflict with the specific provisions of any ordinance now in force, or which may hereafter be adopted. 408. § 10. No person shall be entitled to the benefit of the provisions of section 9 who shall be engaged in the business for which he applies for a license at the time of his application.202 ORDINANCES OF THE CHAPTER LI. MILK. 409. § 1. Milk and ice inspector; Bond. 410. § 2. Under supervision of Health Commissioner. 411. § 3. Record of Tests filed with Health Commissioner’s annual report. 412. § 4. Metal star worn by inspector; Uniform; Aid of police; Power to arrest. 413. § 5. Police to assist in collection of samples; Right of entry; Taking samples. 414. § 0. Record of inspector; List all dealers, etc. 415. § 7. Right of entry and taking of samples; Violation of this chapter; Penalty. 416. § 8. Analysis of samples presented. 417. § 9. Health Commissioner to visit all places where milk is stored and examine all receptacles; Violations; Penalty. 418. § 10. All milk receptacles to be kept in clean places; Penalty. 419. § 11. License; Pees; Violations; Penalty. 420. § 12. Applications for license; What shall be stated in applica- tions. 421. § 13. Milk wagons labeled; Penalty. 422. § 14. Skimmed milk; Tagged; Penalty. 423. § 15. Adulterating milk; Feeding cows on refuse; Penalty. 424. § 16. Adulteration or dilution; Penalty. 425. § 17. Sellers of adulterated or diluted milk; Penalty. 426. § 18. Taking milk from cows near parturition; Penalty, 427. § 19. Amount of solids required in milk; Offenders; Penalty. 428. § 20. Solids required in cream; Adulteration; Penalty. 429. § 21. Condensed milk; Purity required; Violation; Penalty. 430. § 22. Revocation of license. 431. § 23. Buttermilk; Purity; Violation; Penalty. 432. § 24. Town officers aiding violation of chapter; Penalty. 433. § 25. Confiscation of diseased or impure milk. 434. § 26. Owner to destroy milk from diseased cow; Penalty; Incur- able animal destroyed. 435. § 27. This chapter applicable to hotel keepers, etc. 436. § 28. Cow stables cleaned weekly; Penalty. 437. § 29. Frequent removal of refuse from premises. 438. § 30. No person to have refuse or slops on premises to feed cows; Penalty. 439. § 31. Payment of moneys to Town Treasurer. 409. § 1. In order to carry out the provisions of this or-TOWN OF CICERO. 203 dinance, one or more inspectors of milk shall be appointed by the President and confirmed by the Board of Trustees of the Town. Said Inspector shall be a person skilled in the science of analytical chemistry, and be a practical chemist. Before entering upon the duties of his office he shall execute a bond to the Town of Cicero in the sum of five hundred dollars, with good and sufficient surety, to be approved by the Board of Trustees conditioned for the fulfillment and performance of the duties of his office. 410. § 2. Said Inspector shall be under the immediate su- pervision and direction of the Health Commissioner of the Town, or such other officer of the Town whose duty it is to enforce the health regulations. * 411. §3. Said Inspector shall file with the Health Com- missioner a record of every analysis or test of milk or cream that may be made, and the Health Commissioner shall make in his annual report a complete statement of the work of such Inspector, with all such data as may be of public interest. 412. §4. The said Inspector when on duty shall wear a metal star, designed by the President of the Town, which shall be supplied by, and be the property of the Town, and a uniform of the color .arid style of the present policeman’s uniform, with such distinguishing emblems or insignia as the President of the Town may designate. Said Inspector shall furnish his own uniform without cost to the Town of Cicero. Said Inspector shall have the power, on demand made therefor, to require the aid and assistance or presence of any policeman in the performance of any duty enjoined by the provisions of this ordinance; to arrest all persons found violating any of the terms or provisions of this ordinance and shall have full powers to perform all the duties of the policemen as are now provided by the laws or ordinances of the Town. 4I3* § 5- The President of the Town or the Health Com- missioner may at any time, when he deems it necessary for one or204 ORDINANCES OF THE more police officers detailed for temporary purpose only, who shall be instructed or directed to collect or assist in the collection of samples of milk or cream in the possession, care, custody or control of dairy-men, milk vendors, milk peddlers, milk wagon drivers, and any and all other persons engaged in the sale of, of-ering for sale, exposing for sale, keeping, storing, handling, disposing of, transporting, carrying, exchanging or delivering milk or cream. Said Inspectors or collectors employed and qualified as such, may enter all places where milk is stored or kept for sale, and all carriages used for the conveyance of milk, and the said Inspectors or collectors may take samples for analysis from all such places or carriages, and at the same time a portion of the samples so taken shall, if the person taking the same be requested SO' to do, be sealed and delivered to the person or persons from whosepossession the same is taken. For this purpoze, there shall be furnished to such police officers, bottles tightly corked, furnished by the President of the Board or Health Commissioner, on the label of which the officer shall write his name and number, as also the name, address and license number, if any, of the person from whom said milk or cream was obtained or taken. Said Inspector shall analyze or otherwise satisfactorily test the said samples of milk so taken. The result of such analysis or test shall be recorded and preserved as evidence. Any police officer so detailed as herein provided is instructed or directed and shall always be subject to the laws of, and rules and regulations governing the police officers of the Town, and the Captain of Police is hereby authorized and directed on the written request of the Health Commissioner or President of the Town to detail and furnish the necessary number of police officers so requested to perform the duties herein required. 414. § 6. The said Inspector shall keep all records and books as provided for in this ordinance, and such others as may be necessary for recording all official acts. In such books shallTOWN OF CICERO. 205 be kept a record of the names, addresses and places of business of all persons engaged in the sale, transportation and delivery of milk and cream in the Town of Cicero, as also all those delivering or selling milk from carriages, wagons or vehicles of any description, and number thereof; as also the number of cows in each and every stable or dairy in the Town of Cicero, and the name, address and license number of each milk wagon, driver of any such wagon, carriage or vehicle, and by whom employed. A record of all such examinations, tests or analyses of milk or cream made, together with such other data as may be required by this ordinance, or that may be deemed necessary or of public interest, and also accurate books of account, showing all receipts and expenditures of the Inspector’s office and the property belonging thereto. 415. § 7. The Commissioner of Health, Inspector and po- lice officers detailed, directed or instructed to act herein, shall have the right, and it shall be their duty to enter and have full access, egress and ingress to all places where milk or cream is stored or kept for sale, to all wagons, carriages or other vehicles, railroad cars or conveyances of any kind used for the conveyance, transportation or delivery of milk; to any warehouses, places of business, factories, buildings, farms, stables, railroad depots, erections, establishments or places of any kind, to all vessels, cans, packages, refrigerators or receptacles of milk or cream; and to take samples of milk or cream therefrom, not exceeding one quart, for the purpose of inspecting, testing or analyzing the same. Whenever a sample or samples so found and taken shall not correspond with, or shall be in violation of the requirements of this ordinance, the person or persons, firm or corporation in whose possession, care, custody or control such milk or cream may be found, shall be deemed guilty of a misdemeanor, and fined riot less than ten dollars nor more than one hundred dollars for each and every offense.206 ORDINANCES OF THE 416. § 8. All samples of milk or cream taken or brought to the office of the Department of Health by the officers thereof, or by any other person, shall, by the said Inspector be analyzed or otherwise satisfactorily tested and, wherever or whenever said milk or cream so tested or analyzed shall be found violative of the provisions of this ordinance, the necessary steps shall be taken for a prosecution for the violation thereof. The analysis or test herein required, may be made with such instruments, apparatus, chemicals or other articles, and to such extent as may, by the said Inspector, be deemed necessary. 417. § 9. It shall be the duty of the Health Commissioner (either in person or by one or more of said Inspectors), to view and inspect all places and vehicles in which milk or cream may be sold, offered for sale, exposed for sale, stored, kept, exchanged, delivered or disposed of, as well as to inspect, view and examine all vessels, cans, receptacles, packages, refrigerators, or compartments of store places or buildings, erections or establish -ments of any kind containing milk or cream, and ascertain or examine the condition thereof with reference to cleanliness and sanitation, and are authorized, directed and empowered to cause the removal and abatement of any unfit, unclean or injurious conditions attending the keeping, storing or possession, care, custody or control of milk or cream at and in all places. Any person, firm or corporation, failing, neglecting, delaying or refusing to obey or conform to any reasonable order or direction under this section, made by the proper officer, shall be deemed guilty of a misdemeanor and fined not less than ten nor more than one hundred dollars. 418. § 10. All cans, vessels and receptacles used in the hauling of milk or cream, as well as all packages, refrigerators or compartments of stores or other places where milk or cream is kept, stored or hauled, shall be kept 'and maintained scrupulously neat and clean, and shall be kept free from the presence of orTOWN OF CICERO. 207 vicinity of any article of any kind likely to contaminate or injuriously affect the sweetness, quality or condition of the milk or cream. Any person found violating this section shall be deemed guilty of a misdemeanor and, on conviction thereof, be punished by a fine of not less than ten dollars nor more than fifty dollars for each and every offense. 419. § 11. No person or persons, firm or corporation, en- gaged in selling milk or cream from wagons, or milk wagon driver thereof, shall sell or offer for sale, expose for sale, dispose of, exchange or deliver, or, with intent so to do as aforesaid, have in his or their possession, care, custody or control, milk or cream for human food, without having been first licensed so to do. Every person or persons, firm or corporation, engaged in selling milk or cream from wagons, selling or disposing of milk or cream at retail shall, within thirty days after this ordinance goes into effect and annually thereafter on the first day of May, pay license fees as follows: Every milk or cream vendor selling, offering for sale, exposing forsale, exchangingordelivering,ordisposing of the same in or from any store, stand, booth, market place, milk depot, warehouse, dairy, cow stable or any building or establishment of any kind, or in or from any wagon, carriage or other vehicle, shall pay the sum of three dollars; Provided, however, that this section shall not apply to private persons who own one or more cows and who sell milk therefrom to their neighbors or customers by peddling the same by hand. When more than one wagon, carriage or vehicle is used from which milk or cream is sold or offered for sale, there shall be paid at the same time and in like manner, as hereinbefore provided, for each such additional wagon, carriage or other vehicle, the sum of three dollars. If any person or persons, firm or corporation, commence or engage in the traffic or handling of milk or cream at periods other than those hereinbefore mentioned, he or they shall, before doing so, pay a proportionate part of the license fee and procure the license208 ORDINANCES OF THE in their cases required, which license so issued, as well as other licenses and certificate herein required, shall be good for a period ending with the first day of May following the issuance and delivery thereof. Every person, firm or Corporation violating this section, or any of its provisions, shall be deemed guilty of a misdemeanor and, on conviction thereof, be punished by a fine of not less than twenty-five nor more than one hundred dollars for each and every offense. 420. § 12. Licenses shall be issued in the name of the applicant therefor. Before the issuance of the license every vendor of milk or cream shall make written application therefor on a printed form provided for that purpose, on which shall be stated: First—The name, residence and location of the business place or places of the applicant. Second—The number of cows, if any, owned or controlled by the applicant. Third—The number and description of each and every wagon, carriage or other vehicle, used in the milk or cream business. Fourth—If, after the issuance and delivery of the license, any change be made in the location of the place or places of business of such licensee, notice thereof must forthwith be given to the said Inspector. 421. § 13. No milk or cream shall be sold, offered for sale, exposed for sale, exchanged, delivered, transported, conveyed or carried on any wagon, carriage or other vehicle, unless there shall be painted thereon, on both sides thereof, in a conspicuous place, and in legible letters, not less than five inches in height, the name of the milk vendor, and the number and street of the place of business, and the number of the wagon. Any violation of the provisions of this section shall be deemed a misdemeanor and, on conviction thereof, the offender shall be punished by aTOWN OF CICERO. 209 fine of not less than twenty-five nor more than one hundred dollars for each and every offense. 422. § 14. Any vendor of milk or cream, or any driver, servant or agent of such vendor, who shall in the Town of Cicero sell or offer for sale any milk from which the cream or any part thereof shall have been taken, shall offer for sale and sell the same as skimmed milk, and not otherwise, and no vendor of milk and no driver, servant or agent of such vendor shall offer for sale, or sell, or have in his custody, possession or control, with intent to sell or deliver the same, any such milk from which the cream, or any part thereof shall have been taken, unless the can, vessel or package containing such milk shall have conspicuously attached thereto a steel or metal plate tab on which shall be engrossed the words “Skimmed Milk,” in large, plain, distinct letters; said steel or metal plate tab shall not be less than three (3) inches by five (5) inches in size. Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. 423. § 15. Whoever, by himself, or by his servant or agent, employe, or milk wagon driver, or as the servant, agent, employe or milk wagon driver of any other person, firm or corporation, sells, offers for sale, exchanges, deliverè or transports or carries for the purpose of sale, exchange, or delivery, or has in his custody, possession, care or control, with intent to sell, offer for sale, exchange or deliver, or exposes or offers for sale,exchange, transportation or delivery, any milk or cream for human food, which is unclean, diluted, impure, unhealthy, diseased, unwholesome, adulterated or not of the standard of good quality provided for by this ordinance, or milk or cream to which water or any foreign substance has been added, or milk or cream produced from sick or diseased cows, or milk or cream produced210 ORDINANCES OF THE from cows kept in 'an unclean, filthy or unhealthy condition, or milk or cream from cows fed on the refuse or slops from distilleries, vinegar factories or any similar slops, mash or refuse, or on any other than good and wholesome food, or milk or cream that has been exposed to, or contaminated or affected by the emanations, discharges or exhalations from any human beings or animals sick with any contagious or infectious diseases by which the health or life of any person may be endangered, compromised, or in any way affected, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall, for a first offense, be punished by a fine of not less than twenty-five nor more than one hundred dollars; and for each subsequent offense by a fine of not less than fifty nor more than two hundred dollars. 424. § 16. Any person who shall adulterate milk or cream, or reduce or change it in any respect by the addition of water or any foreign or other substance, or by the removal of cream therefrom, with a view of selling or offering the same for sale or exchange, shall be deemed guilty of a misdemeanor and, on conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 425. § 17. Any person, firm or corporation, who shall sell, offer for sale, expose for sale, exchange, deliver, dispose of or transport, convey or carry, or, with any such intent as aforesaid, have in his or their care, custody, control or possession, any milk or cream having therein or containing any foreign or other substance of any kind whatever, or coloring matter, or any adulteration or preservative, whether for the purpose of artificially increasing the quantity of the milk or cream, or for preserving the condition or sweetness thereof, or for any purpose whatever, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 426. § 18. No milk or cream shall be sold, kept, offered DrTOWN OF CICERO. 211 exposed for sale, stored, transported, exchanged, carried, delivered, or in any manner disposed of, drawn from cows within fifteen days before and eight days after parturition, nor shall the same be mixed with any other milk or cream for such purposes. Any one so offending shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined not less than twenty-five dollars and not more than one hundred dollars for each and every offense. 427. § 19. No milk shall be kept, sold or offiered for sale, stored, exchanged, transported, conveyed, carried or delivered, or, with such intent as aforesaid, be in the care, custody, control or possession of any one if it contains more than eighty-eight per centum of watery fluids or less than twelve per centum of total solids, of which total solids three of the per centum shall be butter fat. Offenders under this section shall be deemed guilty of a misdemeanor and, on conviction thereof, be punished by a fine of not less than twenty-five nor more than one hundred dollars for each and every offense. 428. § 20. No cream shall be sold, offered for sale, exchanged delivered or be transported or carried for purposes of sale, offering for sale, exchange or delivery that contains less than fifteen per centum of butter fat, or that is taken from any impure, diseased, unhealthy, unclean, adulterated or unwholesome milk, or milk to which any foreign or any substance of any kind has been added, or milk from cows fed on the refuse or slops from distilleries, vinegar factories or any similar slops, mash or refuse, or any other than good and wholesome food. Offenders under this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars for each and every offense. 429. § 21. No person shall manufacture, sell, or offer for sale any condensed or evaporated milk for domestic use, unless the same shall be put up in packages upon which shall be distinct-212 ORDINANCES OF THE ly labeled or stamped the name or brand by whom or under which the same is made. No condensed or evaporated milk shall be made, sold or offered for sale, exchange or delivered for domestic use, unless the same is manufactured from pure, clean, healthy, fresh, unadulterated and wholesome milk, and from which the cream has not been removed, or unless the proportion of milk solids and butter fat contained in the condensed or evaporated milk shall be in amount the equivalent of milk solids and butter fat as provided in the ordinance. For any violation of this section the offender shall be deemed guilty of a misdemeanor and fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. Nothing herein shall be construed to prevent the addition of sugar in the manufacture of condensed or evaporated milk. 430 § 22. All licenses granted or certificates issued pur- suant to this ordinance may be revoked by the Board of Trustees at any time for cause. 431. § 23. Nothing in this ordinance shall be so construed as to prohibit the use or sale of what is known as buttermilk, provided the same is produced from pure and wholesome milk. Should 'any such buttermilk, however, be sold, kept, offered or exposed for sale, exchanged or transported, conveyed or carried, or be in the care, custody, control or possession of any one, with the intent as aforesaid, which is not the product of pure, and wholesome milk, the offender shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 432. § 24. Any officer or employe of the Town, or inspector, who wilfully connives at or assists in a violation of the provisions of this chapter shall, on conviction thereof, be punished by a fine of not less than one hundred nor more than t\yo hundred dollars, and shall at once forfeit his office.TOWN OF CICERO. 213 433* § 25- All milk and cream from sick and diseased cow, or cows fed on the refuse or slops from any distilleries, vinegar factories or any similar slops, mash or refuse, or that is dangerous, or that may affect or be detrimental to life or health, shall, upon discovery thereof by analysis or test made or otherwise, be confiscated, forfeited and immediately destroyed by or under the direction of the Commissioner of Health, who shall, if done in good faith, be held harmless in damages therefor, in any suit or demand made. 434. § 26. If any cow be sick or diseased, the owner or person in charge thereof shall not sell, offer for sale, exchange, deliver or keep or expose for sale, exchange or deliver the milk or cream therefrom, but shall at once destroy the same. If, in the opinion of the inspector or Commissioner of Health, any cow is afflicted with a contagious or infectious disease, he shall direct the owner or person in charge thereof to forthwith remove said cow from the premises to a place where it may not spread or cause contagion or infection. A violation of this section shall be deemed a misdemeanor, and, on conviction thereof, the offender shall be fined not less than twenty-five dollars nor more than one hundred dollars. If said cow is by the Commissioner of Health or any Inspector, deemed incurable and the owner or persons in charge thereof does not consent to its being killed, said Commissioner of Health or Inspector shall notify the State Board of Live Stock Commissioners for the killing of such animal. 435- § 27- Every hotel keeper, restaurant keeper, or boarding house keeper, who furnishes milk or cream to his or their guests or boarders shall be in all respects subject and amenable to the provisions of this chapter saving and excepting the obtaining of license. 436 § 28. All cow stables shall be thoroughly washed out and thoroughly cleaned at least once a week. For failure214 ORDINANCES OF THE to do so the offender shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 437. § 29. All persons, firms or corporations who own or keep a dairy in the Town of Cicero shall maintain the premises thereof free from any accumulation of refuse matter or offal, which shall be removed frequently, so as not to endanger the public health. 438. § 30. No person or persons, firm or corporation, shall keep or have in his possession any slops or refuse of any distillery, or vinegar factory, or any similar slops, mash or refuse, to feed the same to any milch cow or cows. Each day’s failure to comply with this section shall subject the offender to a fine of not less than twenty-five dollars. 439* § 31* All moneys collected under the provisions of this chapter shall be duly paid into the Town treasury.TOWN OF CICERO. 215 CHAPTER LIL MISDEMEANORS. 440. § 1. Definition of assault. 441. § 2. Assault and battery; Penalty. 442. § 3. Burglar tools; Penalty. 443. § 4. Concealed weapons; Penalty. 444. § 5. Obstructing streets and sidewalks; Penalty. 445. § 6. Defacing property; Penalty. 446. § 7. Depositing rubbish in streets, etc.; Penalty. 447. § 8. Obstructing flow of water in streets, sewers, etc.; Penalty. 448. § 9. Injuring public property; Penalty. 449. § 10. Flying kite in street; Penalty. 450. § 11. Throwing stones in streets; Penalty. 451. § 12. Posting bills. 452. § 13. Railway stairs or guards with spikes or nails prohibited; Penalty. 453. § 14. Orange peel, etc.; Penalty. 454. § 15. Loungers; Penalty. 455. § 16. Removing sod or earth from public or private grounds; Penalty. 456. § 17. Yagrants; Gambling, etc.; Penalty. 457. § 18. Indecent exhibit of male animal; Penalty. 458. § 19. Obscene medical books; Penalty. 459. § 20. Obscene literature; Penalty. 460. § 21. Houses of ill fame; Penalty. 461. § 22. Disorderly houses; Penalty. 462. § 23. Indecent exposure; Penalty. 463. § 24. Houses of ill fame declared nuisances. 464. § 25. Inmates of houses of ill fame. 465. § 26. Obscene books, pictures, plays; Penalty. 466. § 27. Cruelty to animals; Penalty. 467. § 28. Drugs fraudulently prepared or administered; Penalty. 468. § 29. Poisons; How prescribed, prepared and labeled; Penalty. 469. § 30. Scaffolds; When nuisances; Penalty. 470. § 31. Law of the road; Penalty. 471. § 32. Diseased or deformed persons; Penalty. 472. § 33. Indecent behavior; Threatening language; Penalty. 473. § 34. Disturbing religious worship; Penalty. 474. § 35. Disturbing assemblage; Penalty.216 ORDINANCES OF THE 475. § 86. Disturbing funerals; Penalty. 476. § 87. Killing or injuring birds; Penalty; English sparrow bounty act. 477. § 88. Boarding or alighting from cars, etc., in motion; Penalty. 478. § 89. Advertising of medicines, etc., prohibited; Penalty. 479. § 40. Dangerous animals running at large; Penalty. 480. § 41. Depositing liquids in public streets; Penalty. 481. § 42. Opium resorts; Penalty. 482. § 48. Dyeing or scouring of clothes prohibited in streets; Penalty. 488. § 44. Itinerant musicians, circuses, etc.; Penalty. 484. § 45. Fruit stands, license; Consent. 485. § 46. Breach of the peace; Mobs; Penalty. 486. § 47. Driving sleighs without bells; Penalty. 487. § 48. Intoxicated persons; Beggars; Prosecution; Penalty. 440. § 1. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another; assault and battery is the unlawful beating of another. 441. § 2. Whoever shall be guilty of an assault, or assault and battery, shall be fined not less than three dollars nor more than one hundred dollars. 442. § 3. It shall be unlawful for any person to have in his possession any nippers of the description known as burglars’ nippers, pick lock, skeleton key, key to be used with a bit or bits, jimmy or other burglars’ instrument or tool of whatsoever kind or description, unless it be shown that such possession is innocent or for a lawful purpose, under a penalty of not less than one hundred dollars. 443. § 4. Whoever at a late and unusual hour of the night time, willfully and maliciously disturbs the peace and quiet of any neighborhood or family, by loud, or unusual noises, or by tumultuous or offensive carriage, threatening, traducing, quarreling, challenging to fight, or fighting, or whoever shall carry concealed weapons, or in a threatening manner display any pistol, knife, slung-shot, brass, steel or iron knuckles, or other deadly weapon, day or night, shall be fined not exceeding one hundred dollars. 444. § 5. No person shall engage in any sport, game, amuse-TOWN OF CICERO. 217 ment, or exhibit any machine or show or any animal, or indulge in any acrobatic feats or do anything else in the streets or upon the sidewalks which shall have a tendency to frighten horses or which shall collect any crowd of persons so as to interfere with the passage of teams or vehicles or persons passing along the streets and sidewalks, and any person who- shall do any of these things shall be fined not less than three dollars nor more than twenty-five dollars for each and every offense. 445- § 6. No person shall wantonly mar, injure, deface or destroy any depot, fence, guide post, sign board or awning in any street or public place in the town, nor write nor make any baudy or indecent words or obscene pictures thereon, under a penalty of not less than five dollars for each offense. 446. §7. No person shall throw, cast or put into, drop or leave in any street, alley, lane, public place or any uninclosed public grounds in the Town of Cicero any stone, missiles, nails, ice, glass, iron or any other metal, or any straw, paper, parings of fruit or vegetables or any other article or thing except ashes on ui:paved streets or alleys, by which horses, mules or other Quadrupeds shall or may be injured or endangered, under the penalty of not less than five dollars nor more than twenty-five dollars for each offense. 447. § 8. No person shall stop or obstruct the passage of the water of any street, gutter or public sewer, culvert, water pipes or hydrant laid or placed by the Town, under the penalty of not less than five dollars for each offense. 448. § 9. No person shall cut, injure, mark or deface any public building belonging to the Town or any station house or engine house, or any tree, grass or shrub or walk in any square or public park, or any sewer, water pipe or hydrant laid or placed by the Town, under the penalty of not less than five dollars for each offense.218 ORDINANCES OF THE 449. § 10. No person shall rise or fly or attempt to rise or fly any kite in any street or other public place in the Town, under the penalty of five dollars for each offense. 450. § 11. No person shall throw or oast any stone or other missile in, from or to any street, public place or enclosed ground, under the penalty of five dollars for each offense. 451. § 12. No person shall paste, post, paint, print or nail any hand bill, sign, poster, advertisement or notice of any kind on any curbstone, flagstone or any other portion or part of any sidewalk or upon any tree, lamp post, hitching post, telegraph pole, hydrant, or upon any other pole, or upon any fire alarm or patrol box or booth, or upon any private wall, door or gate or fence (without the consent in writing of the owner of such wall, door, gate or fence), under the penalty of five dollars for each and every offense. 452. § J3- No person being the owner, lessee or agent of any building in this Town, shall erect or maintain or permit to be erected or maintained on or about the stairway, in or the entrance to such building, or on or about its exterior building line or upon any portion of the sidewalk adjacent to such building, any railing, fence, guard, or other protection of any kind, upon which said railing, fence, guard or other protection there shall be affixed or placed or in any manner attached any spike, nail or other pointed instrument of any kind or description under the penalty of not less than twenty-five dollars for each and every offense, and each and every day any such person shall fail or neglect to remove from such railing, fence or other protection any such spike, nail or other pointed instrument, after notice in writing from the President of the Town so to do, shall constitute a new, separate and distinct offense. 453. § 14. No person shall throw, cast, lay or place on any sidewalk in the Town of Cicero the rind or peel of any orange,TOWN OF CICERO. 219 banana, apple or other fruit, under the penalty of not less than two dollars for each offense. 454* § f5- No person shall obstruct or encumber any street corner or other public place of the Town by lounging in or about the same and after being requested to move on by any police officer, the person so offending shall be subject to the penalty of not less than two dollars for each offense. 455* § I6. No person shall dig, cut or remove any sod or earth from any street or other public place within the Town without a permit from the President of the Town, or from any premises not his own without consent of the owner under the penalty of not less than five dollars for each offense. 456. § 17. All persons who, not having visible means to maintain themselves, are without employment, idle, loitering, or rambling about the streets, or staying in groceries, drinking saloons, houses of ill-fame, or houses of bad repute, gambling houses, railroad depots, or who shall be found trespassing in the night time upon the private premises of others, or begging; also keepers of, exhibitors or visitors at, any gambling table, gambling houses, or places for cock fighting; also all persons who shall hq,ve in their possession any article or thing used for obtaining money under false pretenses; or who' shall disturb any place where public or private schools are held, either on week day or on the Sabbath day, shall be deemed vagrants, and upon conviction, shall be fined in a sum not less than two dollars nor exceeding one hundred dollars. 457. § 18. No person shall indecently exhibit any stud horse or bull, or let any such horse to any mare or mares, or any bull to any cow or cows within the limits of this Town, unless in some enclosed place out of public view, under a penalty of not less than five dollars nor more than one hundred dollars for each offense.220 ORDINANCES OF THE 458. §19. No person or persons shall sell or offer to sell, give away or offer to give away, distribute or have in his or her possession with intent to give away, sell or distribute in or upon any street or sidewalk or park or public property of the Town of Cicero, any book, pamphlet, circular, handbill, advertisement or notice of any kind purporting to treat of or treating of diseases known as “venereal diseases” describing or explaining or purporting to describe or explain the genital organs, giving or purporting to give, the nature and remedies of diseases, peculiar to females and uterine diseases of the nature 'and causes of nervous debility, impotency, sterility or barrenness, gonorrhoea, gleet, stricture, syphilis, affection of the prostrate gland or the remedies therefor or the cause or remedies for abortion or miscarriage or article or means of preventing conception, under a penalty of not less than twenty dollars nor more than fifty dollars for each and every offense and violation of this section. 459. § 20. No person or persons shall sell or offer to sell, give away or offer to give away, distribute or have in his or her possession with intent to give away, sell or distribute in or upon any street or sidewalk or park or public property of the Town of Cicero, any book, pamphlet, circular, handbill, advertisement or notice of any kind, giving or purporting to* give information from whom or where medicine or anything whatever may be obtained for the cure, prevention or treatment of uterine diseases, or diseases peculiar to* females, venereal diseases of the genital organs or nervous debility, impotence, sterility or barrenness, gonorrhea, gleet, stricture, sypihiillis, affection of the prostrate gland, abortion or miscarriage or articles or means of preventing conception, under a penalty of not less than twenty dollars nor more than fifty dollars for each and every offense and violation of this section. 460. § 21. No person shall keep or maintain or be an inmateTOWN OF CICERO. 221 of, or in any way connected with, or in any way contribute to the support of any house of ill-fame or assignation, under the penalty of not less than ten dollars for each offense and the further penalty of one hundred dollars for every twenty-four hours such person shall keep or maintain said house after the first conviction or after any such person shall have been ordered by any member of the police force to> discontinue the same. 461. § 22. All saloons, groceries, rooms or places where minors are permitted to drink intoxicating liquors of any kind, or game or play with dice, cards, balls or other articles used in gaming, unless the parent or guardian of such minor shall be present at the time of such gaming, playing or drinking, and not object thereto, are hereby declared disorderly houses. Every person who shall be convicted of keeping any such disorderly house, shall be fined in any sum not exceeding one hundred dollars. 462. § 23. If any person shall appear in a public place in a state of nudity or in a dress not belonging to bis or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior tending to debauch the public morals, he shall be subject to a fine of not less than twenty dollars nor exceeding one hundred dollars. 463. § 24. Every house of ill-fame or house of assignation where men and women resort for the purpose of prostitution is hereby declared to be a nuisance. 464. § 25. Every person found in any house of ill-fame or assignation shall be considered an inmate within the meaning of section 21 of this chapter. 465. § 26. No person shall exhibit, sell or offer to sell or circulate or distribute,any indecent or lewd book, picture or other thing whatever of an immoral or scandalous nature, or shall ex-222 ORDINANCES OF THE hibit or perform any indecent, immoral or lewd play or other representation under the penalty of not less than twenty dollars nor exceeding one hundred dollars. 466. § 27. Any person who shall inhumanely, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal, or overload any team or expose any calves or sheep upon the streets or sidewalks with their legs tied or in any of the methods prohibited in chapter XXXII of these ordinances entitled “Cruelty to Animals” shall be subject to the fines imposed by the said chapter XXXII of these ordinances. 467. § 28. No doctor, druggist or other person shall make, sell, put up, prepare or administer any prescription, decoction or medicine under any deceptive or fraudulent name, direction or pretense, under the penalty of not less than twenty dollars nor more than one hundred dollars for each offense. 468. § 29. No poisonous medicine, decoction or substance shall be held for sale or sold except for lawful purposes, and with proper motives and by persons competent to give the proper directions and precautions as to the use of the same, nor shall any bottle, box, parcel or receptacle thereof be delivered to> any person unless the same is marked poison, nor to any person to whom the party delivering the same has reason to think intends it for illegal or improper use or purpose, under the penalty of not less than twenty-live dollars for each offense. 469. § 3c. All scaffolds erected in this Town for use in the erection of stone, brick or other buildings shall be well and safely supported and of sufficient width and properly secured so- as to insure the safety of persons working thereon or passing under or by the same and to prevent the falling thereof or of any materials that may be used, placed or deposited thereon, any scaffold which may be otherwise erected shall be ‘deemed a nuisance and any person who shall erect or use or cause to be erected or used anyTOWN OF CICERO. 223 scaffold contrary to the provisions hereof shall be subject to a fine of not less than five dollars and not exceeding one hundred dollars and to a like fine for every day the same shall remain after notice to remove. 470. § 31. In all cases of persons meeting each other in vehicles in any highway or thoroughfare or upon or near any bridge each person so meeting shall in all cases turn off to and go to the right side. Whoever shall violate this section shall be subject to a fine of not less than two dollars nor exceeding fifty dollars; provided, this section shall not be construed to apply to any case unless some injury to> persons or property shall occur by the drivers of the carriage or wagon refusing to turn to the right, nor to any case where it is impracticable from the nature of the ground for the driver of the carriage or wagon to turn to the right. 471. § 32. Any person who is diseased, maimed, mutilated or in any way deformed so as to be an unsightly or disgusting object or improper person to be allowed in or on the streets, highways, thoroughfares or public places in this Town shall not therein or thereon expose himself or herself to public view under the penalty of one dollar for each offense. On the conviction of any person for a violation of this section if it shall seem proper and just the fine provided for may be suspended and such person detained at the police station where he shall be well cared for until he can be committed to the county poor house. 472. § 33. Any person who shall commit any indecent, lewd or filthy act in any place in the Town or shall utter any lewd or filthy words or use any threatening or abusive language in the hearing of other persons publicly or shall make any obscene gesture to or about any other person publicly shall be deemed a disorderly person and upon conviction shall be fined not less than five dollars for each offense.224 ORDINANCES OF THE 473- § 34* Aliy person who shall disquiet or disturb any congregation o>r assembly met for religious worship by making a noise or by rude and indecent behavior or profane discourse within their place of worship or so near the same as to disturb the order and solemnity of the meeting shall be subject to a fine not exceeding fifty dollars. 474- § 35- Whoever wilfully interrupts or disturbs any assembly of people, met for a lawful purpose, shall be fined not exceeding one hundred dollars. 475* § 36. Whoever wilfully interrupts or disturbs a funeral assembly or procession, shall be fined not exceeding one hundred dollars. 476. § 37- Every person who shall kill or wound or attempt to kill or wound by the use of fire arms, bow and arrow, pelting with stones or otherwise any bird within the Town limits, or shoot an arrow or throw a stone or club or other missile at any bird within any private grounds or public parks, squares or grounds (such bird not being the property of the person so offending) or enter upon any private inclosure or public ground belonging to the Town for the purpose of doing any act prohibited in this section shall forfeit and pay not less than five dollars nor more than ten dollars for each offense; provided, however, that this section shall not be construed as prohibiting the taking of English sparrows during the months of December, January and February as provided by an Act of the Legislature of the State of Illinois entitled “An Act to provide for the payment of bounties for killing English Sparrows, approved and in force July 1, 1891. (Laws of 1891, Legal News Ed., p. 24.) 477* § 38. No person shall get upon or off or attempt to get upon or off any locomotive, engine, tender, car or train of cars or any platform or step thereof while the same or either of them are in motion without first having obtained from the person orTOWN OF CICERO. 225 persons in charge thereof express permission so to do. Any violation hereof shall be punished by a fine of not less than two dollars nor more than fifty dollars for each offense. 478. § 39. No person shall place or post or cause to be placed or posted in any street or other public place in the Town of Cicero any handbill or advertisement giving notice of any person having or professing to have skill in the treatment or curing of any disorder or disease or giving notice of the sale or exposure to sale of any nostrum as medicine, under the penalty of twenty-five dollars for each offense. 479. § 40. No person shall permit any bear or 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 muzzled or unmuzzled, in any street, avenue, lane, highway or public place within the corporate limits of this Town, under the penalty of ten dollars for each offense. 480. § 41. No person shall throw or deposit any water or other liquid in any part of any street, alley, lane or public place, except in the side-gutter thereof, under the penalty of two dollars for every such offense. 481. § 42. No person, shall within the corporate limits of the Town keep or maintain or become an inmate of or in any way contribute to the support of any place, house or room where opium is smoked or where persons assemble for the purpose of smoking opium or inhaling the fumes thereof, under the penalty of not less than twenty-five dollars for each offense. 482. § 43. No dyer or scourer or any other person shall wash, rinse or cleanse or cause or procure to be washed, rinsed or cleansed any cloth, yam or garment in any street in the Town of Cicero, under the pealty of not less than five dollars for each offense. 483. § 44. No person shall, without a permit in writing from226 ORDINANCES OF THE the President of the Town, beat any drum or other instrument or blow any horn or other instrument for the purpose of attracting the attention of other persons passing in or along any street in the Town of Cicero to any circus, menagerie or show or other thing in said Town of Cicero, tending to the collection of persons on the streets and sidewalks to' the obstruction of the same, under the penalty of not less than ten dollars for each offense, nor shall any person use or perform with any hand organ or other musical or other instrument for pay or in expectation of payment in any of the streets or public places in the Town of Cicero before 9 o’clock a. m. or after 9 o’clock p. m. of each day, under a penalty of ten dollars for each offense. The provisions of this section shall apply only to itinerant musicians and circuses, menageries and side shows, and shall not be construed so as to affect any band of music or organized musical society engaged in serenading or any civic or military parade. 484. § 45. No person shall erect any booth or establish or fix any stand for the sale of fruit, books or other merchandise or any article or thing of value whatever incumbering any part or portion of the streets or sidewalks, under the penalty of five dollars for each offense; provided, that the President of the Town may grant permits for such purpose whenever the application for such permits shall be accompanied by the consent in writing of each and every person occupying the premises in front of which it is proposed to locate, under such permission. 485. § 46. Any person who shall make, aid, countenance or assist in making any improper noise, riot, disturbance, breach of the peace or dhersion tending to a breach of the peace in the streets or elsewhere in the Town, and all persons who shall collect in bodies or crowds for unlawful purposes or for any purpose to the annoyance or disturbance of citizens or travelers shall beTOWN OF CICERO. 227 severally subject to a fine of not less than one dollar nor exceeding one hundred dollars. 486. § 47. It shall be unlawful for any person or persons to drive sleighs, cutters or similar vehicles in the streets of this Town without having bells attached to either horse or vehicle, and any person or persons who shall drive any sleigh or similar vehicle without bells as above provided shall be subject to a fine of not less than five dollars nor exceeding ten dollars. 487. § 48. If any person shall be in a state of intoxication in any highway, streets, thoroughfare or public place in the Town of Cicero or in any private house or place, to the annoyance of any citizen or person, or shall solicit alms from any person without permission from the President of the Town, he, she or they shall be deemed guilty of a misdemeanor and on conviction be fined in any sum not exceeding one hundred dollars. (Prosecution) Prosecutions under this section shall be commenced within thirty days after the offense is committed, and the Justice of the Peace may remit the punishment, in whole or in part, when he is satisfied the public welfare and the good of the offender require it.228 ORDINANCES OF THE CHAPTER LI1I. NUISANCES. 488. § 1. Nuisances defined. First. Offensive odors- Second. Offensive substances on streets. Third. Night soil deposited in the town. Fourth. Business endangering health. Fifth. Cess pool nearer than 25 feet to well or cistern. Sixth. Dog fights; indecent exposure of animals-Seventh. Maintaining dangerous building. Eighth. Unlicensed dram shop or resort. Ninth. Smoke from chimneys, etc. Tenth. Unsound or decayed animal matter on premises more than 24 hours in winter; 48 hours in summer. Eleventh. Offensive vault, cellar, drain, etc-Twelfth. Cesspool, sink, etc., improperly connected with drain or sewer. Thirteenth. Vehicles in street or alley. 489. § 2. Slaughter houses; Rendering and fertilizing establishments. 490. § 8. Licenses revoked. 491. § 4. Powers of Board of Trustees. 492. § 5. Privies and closets; How regulated. 498. § 6. Health officers. 494. § 7. Penalty. 495. § 8. Persons defined. 448. § 1. It is hereby declared to be a nuisance for any per- son, persons or corporation:— First.-—To so conduct any business or use any premises as to create any offensive or disagreeable smell or to maintain any unwholesome or noisome house or place. Second.—To cause or to suffer the carcass of any animal or any offal, filth, manure, rubbish, slops, garbage, refuse, animal orTOWN OF CICERO. 229 vegetable matter any foul or nauseous liquid or other offensive, noisome or nauseous substance to be collected, deposited, discharged out of, or flow from or remain upon the premises occupied by him, her, it or them or permit the same to be deposited in, on or upon any street, or alley, abutting upon such premises or in or upon any street, alley, public square or place used by the public as such, or upon any vacant lot. Third.—To- deposit any night-soil, dead animal, manure, rubbish or other filthy, offensive or noisome substance upon any lot, street, alley, highway, park or other place in said Town. Fourth.—To establish, maintain, or carry on within the limits of said Town, any business, trade, or manufacture, which, by occasioning noxious exhalations, offensive or unwholesome smells, which are dangerous to tfie health or comfort of individuals or of the public. Fifth.—To construct or maintain on his, her, their or its premises, any cesspool or privy vault within twenty-five feet of any well or cistern. s Sixth.—To participate in or encourage any diog fight, prize fight, or any public or private fight, or in the indecent exposure of horses, dogs, or other animals, or persons, or to engage in loud or boisterous, or profane, or indecent language in public, or any disorderly assembly. Seventh.—To build or maintain any house, shed, pipe or other structure which shall be in danger of falling on account of not being properly built or supported. Eighth.—To keep any dram shop, saloon, bar-room, club house, public resort or other place in the Town of Cicero in which any intoxicating, fermented, malt or vinous or other liquors containing alcohol, are sold or given away in violation of any law of this State or ordinance of the Town of Cicero is hereby declared a nuisance.230 ORDINANCES OF THE Ninth.—To emit dense smoke from the smoke stack of any locomotive or from any chimney anywhere within the Town; provided, that chimneys of buildings used exclusively for private residences shall not be deemed within the provisions of this ordinance. The owner or owners of any locomotive engine and the persons employed as engineer or otherwise in operating such locomotive and the proprietor, lessee or occupant of any building who shall permit or allow dense smoke to issue or be emitted from the smoke stack of any such locomotive or the chimney of any building within the corporate limits of said Town shall be deemed and held guilty of creating a nuisance and shall, for every such offense be liable to the penalty hereinafter provided for a violation of the provisions of this chapter. , Tenth.—It shall be unlawful for any person having the care, custody or control of any animal matter which is unsound or in process of decay, within the Town of Cicero, to permit the same to be and remain, while in such condition, within said Town more than twelve (12) hours after such animal matter shall have become unsound, or after the process of decay shall have begun in the same, or to place, cause or permit to be placed, or permit or suffer to remain on his premises, or premises over which he has control, in whole or in part, any blood, bone, offal, filth, slops or other offensive matter, for a longer period than twenty-four (24) hours, from the first day of March to the first day of November in any year, or exceeding forty-eight (48) hours during any other part of the year, without burying the same at least twenty-four (24) inches below the surface of the ground, or otherwise placing it where it may be lawfully disposed of. Eleventh.—No person shall suffer or permit any cellar, vault, private drain, pool, sewer or sink, upon any premises over which he has control, in whole or in part, to become nauseous, foul, offensive or injurious to the public health.TOWN OF CICERO. 231 Twelfth.—No cesspool, sink, drain or other receptacle for dish water, house slops, etc., shall be connected with any box, pipe, ditch drain, sewer or other means of conveying- water, where the same discharge their contents upon or near the surface of the ground or in any open ditch, within ioo feet of any dwelling house. Thirteenth.—To suffer or permit any buggy, sled, wagon, cart, or other vehicle not in actual use, to be and remain in or upon any of the streets, alleys, sidewalks, parks or other public places or highways in the Town of Cicero. 489. § 2. That it shall be unlawful for any person to carry on the business, in whole or in part, of slaughtering animals for food or otherwise, of bone burning, of bone boiling, of bone grinding, skinning of dead animals, packing them for market, or rendering the offal, fat, bones or scraps, or any animal matter, or manufacturing the same into fertilizing material, or changing the form thereof in any manner by the use of heat, steam, fire, chemicals, or otherwise, or the cleaning or rendering of intestines, at any place within the Town of Cicero, and such business is declared a nuisance, unless such person shall have first obtained a license for such business from the Board of Trustees. Every application for such license shall specify the place and location and the character of the business for which license is desired, and the applicant shall pay into' the Town Treasury, as a license fee, the sum of one hundred dollars per annum. 490. § 3- Any license so granted may be revoked, upon writ- ten notice by the Board of Trustees, whenever it shall appear to their satisfaction that the person so licensed shall have violated any provision of any ordinance of the Town of Cicero, or any law of the State of Illinois, relating to' the business of slaughtering, packing, rendering and manufacturing of fertilizers, etc., or when the Board shall be satisfied that the further carrying232 ORDINANCES OF THE on of said business, is detrimental to the health of the surrounding neighborhood, or has become a nuisance to the public. • 491. § 4. The Board of Trustees or any member thereof, or any person or persons appointed by them in writing or ordinance or by resolution, shall be permitted free entrance at all hours of the day or night, to> all buildings used for the purposes specified in Section 2, and to1 free and unrestrained examination of all apparatus or utensils used in such manufacture, or in the disposition of gases or other creations generated in the same. 492. § 5. No privy detached from a dwelling house, to> which it is servient, shall be hereafter erected, or being erected shall be allowed to remain nearer than 25 feet to< any street, dwelling, shop, manufactory or well lying wholly within the Town of Cicero; and it shall be the duty of the owner, his agent and the person renting or occupying any premises upon which is situated a privy not in accordance with the terms of this ordinance, within ten days after receiving notice in writing so to do, to so locate such privy that its situations may comply with the provisions hereof and no water closet or privy shall be connected with any sewer in said Town, until the Town Superintendent is satisfied there is a proper supply of water for flushing the same, and a permit be obtained from the Board of Trustees of said Town therefor. No vault in a privy detached as aforesaid, shall be more than two feet below the surface of the ground, and it shall be made in such a manner as to hold its contents so that the same shall not leak through into the soil, and shall be thoroughly cleaned out at least once in each year, and as often as its contents reach the surface of the ground and oftener if ordered by the Town; and all privies any part of the contents of which are above the surface, and all privies that are foul, emitting smells and odors prejudicial to the public health, are hereby declared nuisances,TOWN OF CICERO. 233 and any health officer of the Town is herein and hereby invested with power to abate the same; provided, however, any one of the aforesaid persons shall be deemed guilty of a misdemeanor in allowing a privy to become and remain foul, or emit smells and odors prejudicial to public health as aforesaid. 493- § 6. The Town Superintendent, and every police officer of the Town of Cicero, within his “beat,” shall be, and is hereby constituted, a health officer of the Town, and as such it shall be his duty to listen to complaints of any violation of this ordinance, investigate the same promptly and thoroughly, and if well founded at once to notify the person offending of the violation complained of, and if such person shall not within 24 hours proceed to comply with the terms of this ordinance in the matter complained of, it shall be the duty of such policeman or superintendent at once to enter complaint against such person in a court having jurisdiction of the offense, and in the name of the Town of Cicero prosecute the same to judgment. 494. 7. Any distiller, tanner, brewer, butcher, pork or beef packer, soap boiler, tallow chandler, dyer, livery stable keeper, or other persons whatsoever who shall cause or suffer offal, manure, rubbish, filth, still slops or any refuse animal or vegetable matter, or any foul or nauseous liquid to be discharged out of or flow from any premises owned or occupied by him, or to be thrown into, deposited or left in any slough within the jurisdiction of the Town of Cicero, or in or upon any street, alley, public square or vacant lot, shall be deemed guilty of committing a nuisance, and any such person or persons creating such nuisance or permitting it to> exist, and whoever else shall commit, establish, maintain or suffer a nuisance, or violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and on conviction thereof be fined not less than five dollars nor more than one hundred dollars, and upon failure or refusal to pay any fine imposed for or234 ORDINANCES OF THE upon such conviction, may be imprisoned not exceeding thirty days. 495. § 8. For any person to permit or suffer any substance of the nature mentioned in the preceding section, which is liable to become putrid or offensive or injurious to the public health, to remain on any premises owned or occupied by him for a longer period than twenty-four hours at any one time, from the first day of March to the first day of November in any year, or exceeding forty-eight hours during any other part of the year, or neglect to> remove the same within the time above designated, shall constitute and is hereby declared a nuisance. Any person who shall create or permit such nuisance to exist shall be subject to the same penalty as is provided for in the preceding section.TOWN OF CICERO. 235 CHAPTER LIV. ORDINANCES. 496. § 1. Recording ordinances; originals filed; proof of publication. 497. § 2. Elect under which ordinance to prosecute. 498. § 3. Maximum Penalty. 499. § 4. Effect of repealing ordinances. 500. § 5. Singular and plural words construed; Gender. 501. § 6. General penalty clause. 502. § 7. Repealed ordinances operative until repealing ordinance is fully in force. 503. § 8. When ordinances take effect. 504. § 9. What and how ordinances shall be published. 505. § 10. Acting President. 506. § 11. President’s approval; veto; failure to approve. 507. § 12. Passage over President’s veto. 496. § 1. All ordinances passed by the Board of Trustees shall be recorded by the Town Clerk in a proper book or books with indices. The original shall be filed in the Town Clerk’s office and due proof of the publication of all ordinances requiring publication by the certificate of the publisher or printer shall be procured by the Clerk and attached thereto or written, and attested upon the face of the record of such ordinances. 497. § 2. In all cases where the same offense may be made punishable or shall be created, by different clauses or sections of the ordinances of the Town the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. 498. § 3- Whenever in this or any ordinance hereinafter passed a minimum but no maximum fine or penalty is imposed the court may in its discretion adjudge the offender or offenders236 ORDINANCES OF THE to pay any sum of money exceeding the minimum fine or penalty so fixed, not exceeding the sum of two hundred dollars. 499. § 4. When any ordinance repealing a former ordinance clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided. 500. § 5. Whenever any words in this or any other ordinance importing the plural number shall be used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not be used. And when any subject-matter, party or person shall be referred to in an ordinance by words importing the singular number only or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed included; provided, that these rules of construction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject-matter or context of such ordinance may be repugnant thereto. 501. § 6. Wherever in this or any other ordinance the doing of any act or the omission to do any act or duty is declared to be a breach thereof, and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be adjudged to pay a fine of not less than three dollars nor more than two hundred dollars. 502. § 7. Whenever an ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance, or part of ordinance thus repealed or modified, shall continue in force until due publication of the ordinance repealing or modifying the same, when such publication shall be required to give effect thereto, unless therein otherwise expressly provided.TOWN OF CICERO. 239 CHAPTER LV. PLATS. 508. § 1. Streets opened must be graded; bond. 509. § 2. Board to give instructions. 510. § 8. Certificate of engineer; Approval of Board, 511. § 1. To be acknowledged by owner; Becording. 512. § 5. Clerk to certify and record. 508. § 1. That no street, highway or alley hereafter opened through any lot or lands by the owner of such lot or land, shall be permitted to be opened for public use, or shall be recognized or accepted as a public street, highway or alley, until such street,highway or alley so called, shall be properly graded and suitable culverts, bridges and alley crossings, connected therewith or appurtenant thereto, are built, all of which shall be done under the direction of the Commissioner of Public Works, and approved by the Board of Trustees; provided, however, that if the party platting or opening such street, highway or alley shall enter into a bond in such amount and with such securities as the said Board shall direct, conditioned that such party will grade such street, highway or alley, and build such bridges, culverts and alley crossings within the time limited by the said Board, then, and in such case, such street, highway or alley may be opened for public use, and accepted as a public trust. 509. § 2. The Commissioner of Public Works shall have power, subject to the control of the Board of Trustees, to regulate the depth of ditches in the streets in order to secure drainage, according to the general plans of drainage adopted by this Board, and also to give instructions where culverts and bridges are to be placed, and of what materials and how the same shall be constructed. 510. § 3. That all plats presented to this Board for approval240 ORDINANCES OF THE shall have the certificate of said Commissioner of Public Works attached thereto, showing that the streets and highways designated therein, and all bridges and culverts, have been properly graded and constructed, as provided in Section i of this chapter. Provided, that any such plat may be approved by this Board, so far only as the location of the streets and alleys thereof, without accepting or adopting any such proposed streets, highways or alleys, and the President and Town Clerk shall limit their certificate of approval in such cases in conformity herewith. 511. § 4. No plat, map or subdivision of any piece or parcel of land shall be approved by the Board of Trustees until the same shall be properly certified by a surveyor and acknowledged by the owner as provided by the laws of this State; nor until a deposit of money be made with the Town Clerk to pay the fees of the Recorder of Cook County for recording the same, nor until a deposit of five cents for each and every lot contained in said plat be made with the Town Clerk to1 pay the expense of spreading said plat upon the Records of the Town of Cicero, but in no case shall such payment for the last named purpose be less than two dollars. 512. § 5. Upon the approval of any such map, plat or subdivision, it shall be the duty of the President and Town Clerk to certify the approval thereof, as provided in section 3 of this chapter or otherwise, as the case may be, under the corporate seal of the Town, and the Town Clerk shall file the same for record in the Recorders office of Cook County.TOWN OF CICERO. 241 CHAPTER LVI. PEDDLERS AND ITINERANT MERCHANTS. 51B. § 1. Definition. 514. § 2. License required; Penalty. 515. § B. Application for License; Order of Board of Trustees; Fee; Contents of Application; License to contain what; Revocation; Expiration. 516. § 4. Scale of fees; Metallic badge with license number. 517. § 5. Fraud; Penalty. 513. § 1. Every person who shall sell or offer any goods, wares or merchandise, or other articles of value for sale, barter or exchange at any price, upon, along or in the streets, avenues or other public places in said Town, or shall travel from place to place, or house to house, for the purpose of such sale, barter or exchange within said Town, or who shall travel from place to place and solicit orders for goods, wares or merchandise to be thereafter delivered in said Town, or who so soliciting shall deliver in said Town any goods, wares or merchandise so ordered, shall be deemed and taken as an itinerant merchant and transient vendor of merchandise. 514. § 2. It shall not be lawful for any person to exercise within the Town of Cicero, the vocation of an itinerant merchant or transient vendor of merchandise, without a license therefor; and every person violating any provision of this ordinance shall be subject to a penalty of not less than five dollars, nor more than one hundred dollars, for each offense. 515. § 3. No license to an itinerant merchant or transient vendor of merchandise shall be issued except upon an order of the Board of Trustees, based upon a written application by the person desiring the same, and then only upon payment of the fee hereinafter provided.242 ORDINANCES OF THE The applicant for a license shall specify the kind as near as may be, of the goods, wares or merchandise desired to be sold, and also the mode of conveyance or delivery of the same, whether by cart, truck, hack or wagon, or otherwise, and if by vehicle of any kind, the number of animals to be attached to the same, and the number of persons it is desired to have attend the same in such business. The license issued on such application shall set forth such description and mode of conveyance or delivery, and specify the number of animals which may be attached to the conveyance used, and the number of persons who may attend the same in such business, and the said character and description of the goods, wares and merchandise desired to be sold. All persons so licensed, if a wagon shall be used, shall have painted on a plate to be attached to such wagon the words “Cicero License,” with the number of his license. All licenses shall be issued upon order of the Board of Trustees, signed by the President and countersigned by the Clerk, and sealed with the seal of the Town, and shall be subject to be revoked by the Board at any time in their discretion, and the licenses issued shall SO' provide, and all licenses shall expire on the 30th day of June next after the same are issued. 516. § 4. The annual fee to be paid by an applicant for a license under this ordinance shall be as follows: For selling merchandise without a vehicle, ten dollars; for selling merchandise with push cart or other vehicle propelled by one man only, twenty-five dollars; for selling merchandise with vehicle drawn by one horse or other animal, thirty-six dollars; for selling merchandise with vehicle drawn by two or more horses or other animals, fifty dollars; provided, however, no license issued for any of the above purposes shall be held to authorize any person to sell or peddle any malt, vinous, fermented or intoxicating liquor in the Town of Cicero.TOWN OF CICERO. 243 In all cases there shall be added the sum of five dollars per annum for each person more than one licensed to attend any vehicle. Provided, however, that if the license has less than nine and more than six months to run, the fee shall be three-fourths of the sum for each class above specified; if less than six and more than three months, one-half of the sum above specified; if less than three months, one-fourth of the sum for each class as above specified. Provided, however, that the fee in no case shall be less than three dollars; and provided, further,' that every such person shall wear a metallic badge of at least two inches by one inch in size, bearing upon it in figures at least one-Tialf inch long the number of wearer’s license. 517. § 5. If any person licensed as aforesaid, shall be guilty of any fraud, cheat, misrepresentation or imposition while acting in the capacity of itinerant merchant or transient vendor of merchandise, or who shall deal in any other kind of goods, merchandise or articles, or use in his business any other mode of conveyance than specified in his license, or who shall employ more persons than are specified in his license to attend to any vehicle in such business, or who shall at any one time use more than one conveyance or vehicle of the kind specified in his license, shall on conviction be subject to a fine of not less than five dollars nor more than one hundred dollars. This ordinance shall not apply to any person selling or delivering goods, wares and merchandise from his store, market, shop or manufactory, situated in said Town, nor to any person selling the produce of his own farm, garden, vineyard or orchard.244 ORDINANCES OF THE CHAPTER LVII. PLUMBERS, PLUMBING AND DRAINAGE 519. 520. 521. 522. 523. 524. § 2. § 3. § § 5. § 6. § 7. 518. § 1. License required; Fee; Licensee’s age and skill; Application posted; Revocation of license; Penalty. Petition of applicant; Contents; Bond. Change of name or location; License displayed. License to partners. Responsible for agents; Term; Expiration What applications for permits shall contain. Tapping street mains regulated. 525. § 8. Excavations in streets, etc.; How made. 526. § 9. Kind of lead pipe to be used; Diameter. 527. § 10. Service pipes, how laid; Joints. 528. § 11. Stop and waste cocks, how placed. 529. § 12. Stop cocks, how connected with water service pipes. 530. § 13. Two or more buildings supplied by single tap in street main. 531. § 14. Service cock covered. 532. § 15. Steam boilers to be provided with tanks; Direct connection prohibited. 533. § 16. Permit required for all alterations, etc. 534. § 17. Correction of permit; Turning on water supply without permit. 535. § 18. Inspection and test of plumbing work. 536. § 19. Permits returned after completion of work. 537. § 20. Forfeiture of license for violation of this chapter. 538. § 21. Yiolation of this chapter; Penalty. 539. § 22. Fees for permits. 540. § 23. Notice to Commissioner; Plumbing uncovered until in- spected. 541. § 24. Plumbers to receive certificate of instruction. 542. § 25. “Open” system required. 543. § 26. Soil or waste pipes; How connected; house drains; Iron waste pipes; Traps; Pan closets; Lead pipe connections. 544. § 27. Iron pipes, quality prescribed; Tar coated. 545. § 28. Peppermint test) Pipe connections; How made. 546. § 29. Separate traps; Metallic strainers. 547. § 30. Siphonage; Yentilation; Overflow pipes.TOWN OF CICERO. 245 Refrigerator drain pipes; Yentilated; Sediment pipes from kitchen boilers. Water closets in yentilated room; In tenement houses; In yard. Rain water leaders. Yiolation; Penalty. Adequate water closet accommodations required. Adequate sewer connections with water closets. All sewer connections, etc., must he adequate. Adequate service for carrying away animal refuse and slops; Penalty. Erection of vault, privy, etc.; Depositing gas works refuse etc. into public waters. Opening paved streets through frozen ground; permit. Change from specifications in permit; Notice. Deposit required for permit to open improved street. Obstructing access to stop cock; Penalty. Right of entry. Forfeiture of plumber’s license. General penalty clause. plumber within the Town of Cicero, or shall do' any plumbing work for another in said Town, without first obtaining a license therefor from the Board of Trustees of said Town. Such person shall pay for such license the sum of fifty dollars which shall be paid to the Town Clerk and be accounted for by said Clerk in like manner as other moneys coming into his hands belonging to said Town. No person shall receive such license who shall not be at least twenty-one (21) years of age, and who 548. § 31. 549. § 32. 550. § 33. 551. § 34. 552. § 35. 553. §■ 36. 554. § 37. 555. § 38. 556. § 39. 557. § 40. 558. § 41. 559. § 42. 560. § 43. 561. § 44. 562. § 45. 563. § 46. 518. § I. shall not furnish to said Board satisfactory evidence of his responsibility and skill as a plumb er, and no such license shall be granted until a notice setting forth the name and address of such person, and the fact that he has applied for such license shall have been posted in some conspicuous place in the office of said Town Clerk at least ten days before such license shall be granted. None of the permits hereinafter mentioned shall be issued, to246 ORDINANCES OF THE any other person than a licensed plumber, and shall only be de* livered to such licensed plumber in person, or upon his written order therefor. It shall be unlawful for any licensed plumber of said Town of Cicero to apply for or receive any permit on behalf of a plumber not licensed by said Town; and any licensed plumber of said Town who shall secure a permit for or on behalf of any unlicensed plumber, or who shall suffer any permit obtained by hirU to be used by any unlicensed plumber, or who shall suffer the work authorized by any such permit, to be done by or on behalf of any unlicensed plumber, shall be liable to have his license revoked by said Board of Trustees and shall further be subject to the penalties hereinafter mentioned. 519. § 2. Every person desiring such license shall file with the Town Clerk a petition in writing, giving the name of the firm, if he shall be a member of a firm, and the name of each member thereof, and the place of business, asking to become a licensed plumber, and said petition shall be accompanied by a bond signed by two or more sureties to' be approved by the Board of Trustees in the sum of three thousand dollars, conditioned that he, or they, as the case may be, will indemnify and save harmless the Town of Cicero from the consequences arising from all accidents and damages directly or indirectly caused by any negligence or want of skill in either the execution or protection of his or their work, or for any unfaithful or inadequate work done under and by virtue of his or their license; and that said licensee as such will also conform to all the conditions and requirements of the Town for the government of plumbers or plumbing work as the same now exists or may hereafter be ordained. 520. § 3. Any change of a firm name or location of its business, or the business of any plumber, must be properly re-TOWN OF CICERO. 247 ported to the Town Clerk, who shall bring the same to the notice of the Board of Trustees at the next meeting of the same. Each license shall be kept in a conspicuous place at the place of business of the licensee. 521. § 4. When two or more persons are copartners, license shall be issued in the name of the firm or co-partnership, and no license shall be transferable. 522. § 5. All licensed plumbers shall be held responsible for all acts of their agents or employes, done under or by virtue of his or their said license. No license shall be granted for a greater period than one year or the unexpired term thereof; all licenses shall expire on the last day of June of each year, unless sooner revoked. 523. § 6. All applications for permits shall be made in writing, specifying therein the work desired to be done, which application shall be signed by the owner or lessee, or his duly authorized agent, and no work shall be done in a street, or outside of a building, by any plumber or other person, until after the issuance of such permit. This restriction shall not prevent licensed plumbers, or other persons, from rendering assistance in case of an accident to water serv ice pipes at any time requiring immediate action; provided, however, prompt report shall be made to the Board of Trustees of whatever may have been done in this behalf. 524. § 7. In tapping a street main for the purpose of inserting stop-cocks or ferrules therein, or for any other purpose connected with the use of water, such tapping must be made on the side of the street main and in no- case nearer than six inches from the bell of the pipe, the size of the cock to be inserted shall be that specified in the permit. 525. § 8. In making excavations in streets, alleys, highways or other public places for the laying of pipes- or makingORDINANCES OF THE 2 ±8 repairs, or for any other purpose, the paving material and earth removed must be kept separate and deposited in the place and manner that will occasion the least inconvenience to the public, providing for the passage of water along the gutter, and also for foot travel. 526. § 9. No lead pipe shall be used in any work done under the authority of a license from the Town of Cicero, except such as is known to' the trade as “strong,” and must weigh as follows: Half-inch internal diameter, if pounds per lineal foot. Five-eighths internal diameter, 2^ pounds per lineal foot. Three-fourths internal diameter, 3 pounds per lineal foot. One inch internal diameter, 4 pounds per lineal foot. One and one-fourth internal diameter, 4f pounds per lineal foot. One and one-half internal diameter, 6 pounds per lineal foot. One and three-fourths internal diameter, 6\ pounds per lineal foot. Two inches internal diameter, 8 pounds per lineal foot. 527. § 10. All sendee pipe leading from the street mains to the building line shall be laid, where practicable, at a depth of not less than five feet, and in all cases low enough to fully protect against frost, and shall be laid in such manner and be of such surplus length as to prevent breakage or rupture by settlement, and all joints in said pipes must be of the kind termed “plumber or wiped joints.” The connection of pipe by the so-called cup joint is prohibited. 528. § 11. Every service pipe must be provided with a stop and waste cock for each consumer, easily accessible, placed beyond damage by frost, and so situated that the water can be conveniently shut off and drained from the pipe. 529. § 12. The stop cocks, unless otherwise specifically per-TOWN OF CICERO. 249 mitted, shall be connected to service pipes within the sidewalk at or near the curb line of the same, and be enclosed in and pro-tected by a cast-iron box with a cover having the letter “W” of suitable size cast thereon, which iron box must be of form and dimensions satisfactory to the Commissioner of Public Works, and must extend from service pipe to surface of sidewalk, and be of proper size to admit a key for opening the stopcock. 530. § 13. Whenever two or more distinct buildings or premises are to be supplied by means of branch or sub-service pipes supplied by a single tap in the street main, each branch must be independently arranged with stop-cock and box on the curb line in the manner hereinbefore set forth. All cocks used at the sidewalks shall be of the kind known as “round waterway,” unless otherwise ordered by the Board of Trustees. 531. § 14. Before filling the trench, the service cock in the street main must be covered with a suitable cast-iron box, the earth must be well rammed under the main to a level with the top thereof, from thence the trench must be filled in layers of not more than twelve inches in depth, and each layer thoroughly rammed or puddled to prevent settlement. This work must be done to the satisfaction of the Commissioner of Public Works, and when not so done the Commissioner may cause the same to be properly done and the expense thereof shall be charged to the plumber doing the work. 532. § 15. Plumbers are prohibited from connecting pipes whereby steam boilers may be supplied with water through pressure in the mains. All such boilers shall be provided with a tank or other receptacle of sufficient capacity to hold at least six hours’ supply in case of a pipe district being shut off to repair mains or make connections or extensions. In no> case will the Town of Cicero be responsible for a lack of water for steam boilers or for any other purpose.250 ORDINANCES OF THE 533- § That any person or persons who shall lay any water service pipes, or introduce into or about any building, or any grounds in the Town of Cicero, any water pipes or do plumbing work in any building1 or on any such grounds, for the purpose of connecting such pipe or plumbing work with any water pipes in the Town of Cicero whether they are the property of the Town, or a private corporation s applying water in said Town, or of preparing such pipe or plumbing work for such connections with the view of having such premises supplied with water by the water works of the Town of Cicero or by such private corporation, or who shall make any addition to or alterations of any water pipe or water cock, bath, water closet, stop cock or other fixtures or apparatus for the supplying of any premises with water without being duly licensed to perform such work by the Board of Trustees of the Town of Cicero, and without having first obtained a permit for the doing of such work from the Town Clerk, shall be subject to a fine of not less than ten and not exceeding fifty dollars. 534. § 17. Whenever any material change is to be made in the plumbing work beyond that specified in the permit therefor, the plumber is hereby required to present to- the Town Clerk the original permit for correction and record. No plumber or other person shall turn on the supply of water to any building or premises from which the supply has been lawfully shut off on account of non-payment of water rate, or from any other cause, or shall cause the same to be done without first having obtained a written permit for so doing. 535. § 18. All work done by plumbers shall be subject to the inspection, supervision, test, and approval of the Commissioner of Public Works, or any other person specially authorized by the Board of Trustees or Commissioner of Public Works to inspect the same, and in each and every instance before approvalTOWN OF CICERO. 251 a test shall be made by such person, and all faulty or defective work which may at any time be discovered, shall be made satisfactory to the person thus authorized to inspect the same, and no permit will be issued to a party so in default until this section shall have been fully complied with. 536. § 19. All permits issued for any work to be done under the authority of this chapter, shall be returned to the Town Clerk within twenty-four hours after the work shall be completed, and such permits shall contain a written statement of the facts and the time the water was turned on to use, and shall be signed by the plumber to whom the same was issued, or his duly authorized agent. 537. § 20. The Board of Trustees may at any time declare forfeited, any license issued hereunder and by virtue of this ordinance, for a violation of any provision of this chapter, and the licensee in such license shall not again be entitled to do work unless said forfeiture shall be revoked by the Board of Trustees. 538. § 21. Any plumber who shall be guilty of a violation of any of the provisions of this chapter shall be liable to a forfeiture of his license as aforesaid, and shall also be subject to a fine of not less than five dollars, nor more than two hundred dollars. The forfeiture of the license of any plumber shall operate as a suspension of all rights and privileges extending to employes. 539. § 22. For issuing permits as aforesaid, the Town Clerk shall charge arid receive a fee of fifty cents before issuing the same, which said sum shall be accounted for by him in like manner as all other moneys belonging to the Town of Cicero. 540. § 23. It shall be the duty of any plumber or other person or persons interested in the plumbing work, after the completion of same, and before the said plumbing work is covered up in any building or buildings, or on the premises connected with said building or buildings, to notify, in writing, the Commissioner252 ORDINANCES OF THE of Public Works, that said building or buildings, or other premises, are ready for inspection, and it shall'be unlawful for any plumber or other person or persons to cover up or in any way conceal such plumbing work in or about such building or buildings, until the Commissioner of Public Works approve of the same. 541. § 24. It shall be the duty of any plumber, sewer builder or other person or persons interested in the contract for the plumbing or sewer work of such building or buildings, to receive a written certificate of instruction from the Commissioner of Public Works before commencing work on the said building or buildings, and to proceed according to the plans, specifications and instructions, as approved by the Commissioner of Public Works. 542. § 25.' The drain, soil and waste pipes, and the traps must, if practicable, be exposed to view for ready inspection at all times, and for convenience in repairing. When necessarily placed within partitions or in recesses of walls, soil and waste pipes must be covered with wood »work SO' fastened with screws as to be readily removed. . 543. § 26. Foot connection of soil or waste pipes shall be carried to the level of the sewer, and a one-quarter or one-eighth long iron bend used. A metallic cup, such as is in general use, may be used to complete the construction. House drains within and to a distance of three feet outside of the exterior wall of a building, shall be of extra long cast-iron pipe laid in trenches to a uniform grade. The size of supply pipe must in every case, be ample for the purpose. No brick, sheet metal, earthenware or chimney flue shall be used as a sewer-ventilator, nor to ventilate any trap, drain, soil or waste pipe. Every vertical soil and main waste pipe must be of iron, andTOWN OF CICERO. 253 where it receives the discharge of fixtures on two or more floors, it must extend at least two feet above the highest part of the roof or coping or light shaft louvres, and have a diameter above the roof at least one inch greater that that of the pipe proper,; but in no case shall it be less than four inches in diameter above the roof. No cap or cowl shall be affixed to the top of such ventilation pipe, but in tenement houses, a strong wire basket shall be provided and securely fastened thereto: in every case, to cover the mouth of it. There shall be no traps on main vertical soil or waste pipes. Horizontal soil and waste pipes and the use of Pan water-closets, are prohibited. Soil, waste and vent pipes must be extended above the roof of the main building, and in no case shall they open within twenty feet of the windows of the adjoining house. The least diameter of soil pipe into which a line of kitchen sinks discharge, must be at least three inches in diameter, if receiving the waste of five or more sinks, and shall have two^-inch branches. Where lead pipe is used to connect traps with vertical vent-pipes, it must be lighter than extra light pipe. 544. § 27. All iron pipes must be sound, free from holes or cracks, and of the grade known in commerce as extra heavy. The following weights per lineal foot, will be accepted as standards. 2 inches, 5^ pounds per lineal foot. 3 inches, popnds per lineal foot. 4 inches, 13 pounds per lineal foot. 5 inches, 17 pounds per lineal foot. 6 inches, 20 pounds per lineal foot. 7 inches, 27 pounds per lineal foot. 8 inches, 33 1-3 pounds per lineal toot. 10 inches, 45 pounds per lineal foot.254: ORDINANCES OF THE 12 inches, 54 pounds per lineal foot. All fittings used in connection with such pipe shall correspond with it in weight and quality. Tar coated cast-iron pipe shall be used. 545. § 28. When required by the Commissioner of Public Works, plumbing work must be tested with the peppermint test, or by other approved methods, such test to be made by the plumber in the presence of the Commissioner.; Defective pipes discovered must be removed and replaced by sound pipes, and all defective joints made tight, and every part of the work in which defects are found, be made to conform to this ordinance. All joints in iron drain pipes, soil pipes and waste pipes must be SO' filled with oakum and lead and hand caulked, so as to make them gas tight. The amount of lead used to a caulked joint shall be not less than 12 ounces to each inch diameter of the pipe so connected. All connections of lead with iron pipes must be made with a brass sleeve or ferrule of the same size as the lead pipe, put in the hub of the branch of the iron pipe and caulked with lead. The lead pipe must be attached to the ferrule by a wiped or overcast joint. All connections of lead waste and vent pipes, shall be made by means of wiped joints. If soil or waste pipes are placed in new or old buildings for future use, they must be piped and vented and the work inspected and tested as for new buildings. 546. § 29. Every water-closet, urinal, sink, basin, wash-tray, bath, and every tub or set of tubs and hydrant waste-pipe, must be separately and effectively trapped, except where a sink and wash tubs immediately adjoin each other, in which case the waste-pipe from the tubs may be connected with the inlet side of the sink trap. In such a case the tub waste-pipe is not required to be separately trapped. Urinal platforms, if connected to drain pipes, must also be properly trapped.TOWN OF CICERO. 255 Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from the fixture. All waste-pipes from fixtures other than water closets must be provided at the outlet of such fixtures with strong metallic strainers to exclude from such waste-pipes all substances likely to obstruct them. In no case shall the waste from a bath tub or other fixture be conected with a water-closet trap. 547. § 30. Traps must be protected from siphonage, and the waste-pipe leading from them ventilated by a special air pipe, in no case Jess than two inches in diameter for water-closet traps, and one inch and a half for other traps. Except in private dwellings, the vertical vent pipes for traps of water-c1osets in buildings more than four stories in height must be at least three inches in diameter, with two-inch branches to each trap, and for traps of other fixtures not less than two inches in diameter, with branches one and a half inches in diameter, unless the trap is smaller, in which case the vent pipe must be at least equal to the diameter of the trap. Overflow pipes from fixtures must, in each case, be connected on the inlet side of the trap. Every wash-basin, bath, urinal, water-closet, safe or other fixture must be drained by a special pipe not directly connected with any soil pipe, waste-pipe, drain or sewer, but discharging into an open sink, upon the cellar floor or outside the house. The outlets of such pipes should be covered by flap valves. 548. § 31. The drain pipe from refrigerators shall not be directly connected with the soil or waste pipe, or with the drain or sewer , or discharge upon the ground; it must discharge into an open and water-supplied sink. Such waste-pipes must be so arranged as to admit of frequent flushing, and must be as short as pos-256 ORDINANCES OF THE sible, and disconnected from the refrigerator. In tenement houses it must be ventilated above the roof. The outlet should be covered by means of a flap valve, by means of a flap valve is recommended. The sediment pipes from kitchen boilers must be connected on the inlet side of the sink trap. 549. § 32. Water-closets must never be placed in an unventilated room or compartment. In every case the compartment must open to the outer air or be ventilated by means of a shaft or air-duct. All water closets within the house must be supplied with water from special tanks or cisterns, the water of which is not used for any other purpose. Interior water-closets must never be supplied directly from the süpply pipes. Except in tenement houses, a group of closets may be supplied from one tank, but water-closets on different floors are not permitted to be flushed from one tank. In tenement houses there must be a separate cistern for each water-closet, and one water-closet must be provided for each two families. The overflow pipes from water closet cisterns may discharge into an open sink or where its discharge will attract attention and indicate that waste of water is occurring,, but not into the soil or waste-pipe, nor into the drain or sewer. When the pressure of the water is not sufficient to supply these cisterns, adequate pumps may be provided. Water-closets, when placed in the yard, must be separately trapped and so arranged as to be conveniently and adequately flushed, and their water supply pipes and traps must be protected from freezing. The compartments for such water closets must be ventilated by means of slatted openings in the doors and roof. 550. § 33- Rain water leaders must never be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipe be used as a leader. When within the house, the leader must be of cast-iron withTOWN OF CICERO. 257 leaded joints, or of copper with soldered joints. When outside of the house and connected with the house drain, it must if of sheet metal with slip joints, be trapped beneath the ground or just inside of the wall, the trap being arranged so as to prevent freezing. In every case where a leader opens near a window or a light shaft, it must be properly trapped at its base. The joint between a cast-iron leader and the roof must be made gas and water tight. In no case will the general privy accommodation of a tenement or lodging house be allowed in the cellar or basement. When wooden wash-trays and sinks are prohibited inside of buildings, the kind used shall be of non-absorbent material. 551. § 34. If any plumber or other person interested in the plumbing work violate any of the provisions of this chapter, he or they shall be fined in the sum of not less than one hundred nor more than two hundred dollars for the first offense, and the further penalty of ten dollars for each and every day such plumber or other interested person or persons shall, after first conviction, neglect or refuse to comply with any provisions of this ordinance, and for the second offense a like penalty and a forfeiture of his or their license to do business in said Town for one year after conviction. 552* § 35- Every building or tenement house, boarding house, lodging house or manufactory, shall be provided for the accommodation thereof and for the use of the tenants, lodgers, boarders and workers' thereat, with adequate privies or water-closets, and the same, shall be so adequately ventilated as not to be offensive, 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 to pass into such house or any part thereof, or into any other house or building.258 ORDINANCES OF THE 553- § 36. Every house situated upon a lot or street in which there is a sewer, shall have the water-closets or privies furnished with a proper connection with the sewer, which connection shall be in all parts adequate for the purpose as to permit entirely and freely to paSs whatever enters the same. All such water-closets and vaults shall be provided with the proper traps and connected with the house sewer by a proper tight-pipe, and shall be provided with sufficient water and other proper means of flushing the same. 554* § 37- It shall be the duty of every person using, mak- ing or having any drain, soil pipe or passage to connect with any sewer from any ground, building, erection or place of business, and in like manner the duty of officers and persons (to the extent of the right and authority of each) to cause and require that such drain, soil-pipe, passage and connection shall at all times be adequate for its purpose. 555- § 38. All connections with sewers or drains used for the purpose of carrying off animal refuse from water closets or otherwise, and slops of kitchens, to have fixtures for a sufficiency of water to- be so applied as to properly carry off such matters, under the penalty of five dollars for each day the same are permitted to remain without such fixtures for supplying said water. 556. § 39- No vault, privy, sink, cistern or cess-pool shall be made or rebuilt except in accordance with the regulations of, and by permit of the Commissioner of Public Works. No water-closet or apparatus of any kind shall be connected with the water supply through which water will pass, when such water-closet or apparatus is not in use. No manufacturer of gas shall deposit into any public waters or into any sewer therewith connected or into any street any gas-tar or any refuse matter, or odor toTOWN OF CICERO. 259 escape from any works or manufactory; no- gas to be of such ingredients or quality that any substance shall escape therefrom or be formed in the process of burning any gas which shall be offensive or dangerous or prejudicial to life or health. 557. § 40. No permit shall be granted for the opening of any paved street for the tapping of mains or laying of service pipes, when the ground is frozen to a depth of twelve inches or more, except when in the opinion of the Commissioner of Public Works, there is a sufficient emergency to justify it. 558. § 41. Wherever any material change is to be made in the plumbing work beyond that specified in the permit therefor the plumber is hereby required to give previous notice to the Commissioner of Public Works, presenting the original permit for correction and record. 559. § 42. No permit shall be granted to any person or persons, corporation or corporations, to open a paved or improve street or alley for either drainage or sewerage purposes, or to lay water pipes, unless the party applying therefor shall have first deposited with the Clerk of said Town the sum of $50 to cover the expense of replacing the same in as good condition as before opening. In case said opening is neglected in any manner, it may be replaced by the Town, and the actual cost thereof shall be borne and paid for by the person or persons, corporation or corporations, for whom such opening was made. 560. § 43. No person shall in any manner obstruct the access to any stop-cock connected with any pipe within any street, alley or common of said Town, by means of any lumber, brick, building material or other article, thing or hindrance whatsoever, under a penalty of not less than five, nor more than fifty dollars. 561. § 44. The said Commissioner and every person delegated for such purpose, shall have free access at proper hours of the day, to all parts of every building in which water is consumed,260 ORDINANCES OF THE to examine the pipes and fixtures, and to ascertain whether there is any unnecessary waste of water. 562. § 45. Any plumber whose license shall be declared forfeited by the Town, for a violation of any provision of this ordinance, shall not again be entitled to do work within said Town unless said declaration of forfeiture be revoked by the Board of Trustees. 563. § 46. In all cases of violations of this chapter, where a penalty is not otherwise specifically provided, the violator shall be subject to a fine of not less than five, nor more than two hundred dollars.TOWN OF CICERO. 261 CHAPTER LVIII. POLICE MAGISTRATE. 564. § 1. Monthly report of fines; What fines to he paid to the Town. 565. § 2. Salary. 564. § i. The Police Magistrate of the Town of Cicero shall, between the first and tenth day of each month, report in writing to the Town Clerk all fines collected by him during the previous month in cases brought under ordinances of the Town, and also all costs collected by him in any such cases, and shall, at the same time pay over to the Town Treasurer all such fines and costs; provided, however, that the costs of such Police Magistrate in cases brought under said ordinances where the warrants are sworn out by private individuals not members of the police force or officers of said Town, shall go and belong to said Police Magistrate, and need not be so reported or turned over by him. 565. § 2. The salary of the Police Magistrate of the Town of Cicero is hereby fixed at fifty dollars per month, which salary shall be full compensation for all services performed by him for said Town, and shall be paid to him monthly.262 ORDINANCES OF THE CHAPTER LIX. PRISON.. 560. § 1. Imprisonment in Chicago House of Correction. 567. § 2. Prisoners to work out tlieir fines. 566. § 1. The Town of Cicero having entered into a contract with the City of Chicago, according to law, it is therefore ordained that all persons sentenced to imprisonment for the violation of any ordinance of said Town, shall be sentenced to the House of Correction of the City of Chicago. 567. § 2. That the Superintendent of said House of Correction is hereby authorized, directed, and empowered to require of every person imprisoned in said House of Correction for viola-ing any ordinance of said Town, and every person so imprisoned is hereby required to work at such labor as his or her strength will permit, within or without said House of Correction, not exceeding ten hours for each working day, and for such work the person so employed or worked shall be allowed, exclusive of his or her board, the sum allowed by law for each day’s work on account of his or her fine and costs.TOWN OF CICERO. 263 CHAPTER LX. RAILROADS. 568. § 1. Repairs. 569. § 2. Sewers, drains, etc. 570. § 3. Penalty for yiolation of sections 1 and 2. 571. § 4. Obstructing streets, etc. 572. § 5. Obstructing access to passenger trains stopping at depots. 573. § 6. Duties of railroads and their agents as to crossings. 574. § 7. Loading cars; Fences, etc. 575. § 8. Empty cars on crossings; Penalty. 576. § 9. Injuring walks, etc.; Penalty. 577. § 10. Railroads on streets prohibited. 578. § 11. Street railroads not included in section 10. 579. § 12. Grades of streets established. 580. § 13. Railroads prohibited from changing grade at crossing. 581. § 14. Penalty for violation of sections 12 and 13. 582. 15. Police to arrest on view. 583. § 16. Flagmen at crossings. 584. § 17. Town Clerk to serve resolutions. 585. § 18. Penalty for violations of sections 16 and 17% 568. § 1. All railroad companies or corporations that now extend, or may hereafter extend their railroad track or tracks through any portion of this Town, shall make, construct, and keep in repair, suitable crossings at all intersections of such track or tracks with highways, streets, alleys and ditches now open, or which may be hereafter opened or constructed, by macadamizing, graveling, planking or paving the same in such manner and at such times and places, as the Board of Trustees shall order or direct. 569. § 2. All railroad companies or corporations shall keep or cause to be kept open, and in repair, all ditches, drains, sewers and culverts now open, or hereafter to be opened or constructed in, across, or along the side of their railroad tracks, so264 ORDINANCES OF THE that no filthy or stagnant pool or pools of water can stand on their grounds, tracks or right of way. 570. § 3. Any railroad company or corporation which shall refuse or neglect to comply with section one (1) of this chapter, and any order or direction of the Board of Trustees thereunder, after notice in writing of such order or direction served upon any agent of said company or corporation, for a period of three days after such service, shall be subject to a penalty not exceeding one hundred dollars, and to a like penalty for each day thereafter that such neglect or refusal shall continue. Any railroad company or corporation violating section two (2) of this chapter shall be subject to a penalty not exceeding one hundred dollars, and a like penalty for every three days such violation shall continue after notice in writing from the Town Clerk requiring said company or corporation to open or repair any ditch, drain, sewer or culvert. 571. § 4. No railroad company, railroad engineer, train conductor, or other person, shall cause or allow any locomotive engine, car or cars, or train of cars, to stop in or remain upon any street, road or railroad crossing within the limits of said Town for a longer period then ten minutes; provided, however, in case a collision should take place at any or either of the crossings aforesaid, reasonable time shall be allowed to remove any obstruction that may be caused thereby. 572. § 5. While any passenger train is approaching or stopping at any railroad station in the Town of Cicero, for the purpose of leaving or taking on passengers at that station, no freight train or other passenger train or locomotive or car or cars shall be allowed to pass such station on any other track or side-track passing said station, or obstruct the street or streets or approaches therefrom immediately leading to* such station. Should it be necessary for a freight train or a through pas-TOWN OF CICERO. 265 senger train to pass said passenger train so stopping at such station, the passenger train so stopping at such station shall come to a complete stop before reaching the station; or if the passenger train so stopping has already reached and stopped at the station before the arrival of such through freight or passenger train, the train at the depot shall remain at a standstill until such other train has passed by; the intent of this section being to prevent the obstruction of the free access of passengers to and iron: such passenger train from and to all streets and parts of streets approaching and immediately leading to such passenger station and to protect such passengers from accident and injury. 573* § 6. Should any street, road or railroad crossing in said Town be and remain occupied and obstructed, in whole or in part, by any train or railroad cars, for and during the period of ten minutes it shall be the duty of each and every railroad company upon whose line or road such obstruction may occur, their agents or employes, on or before or immediately after the expiration of the said ten minutes when, from any^ cause, the entire train cannot be propelled or removed to any one side of any street or road occupied and obstructed as aforesaid, to cause such cars as may be on or near said crossing to be uncoupled and some one division of the train, as thus made, removed from off the aforesaid street, road, or railroad crossing, in such manner as to leave said street or road entirely free and unobstructed, for a space of time not less than ten minutes, and said train, when again coupled, shall be removed forthwith from off any such crossing as aforesaid. 574. § 7. No railroad company, or railroad corporation, or other person shall, by themselves, their agents or employes, nor shall an\> agent or employe of any railroad company or railroad corporation or other person be allowed to' deposit or place in any266 ORDINANCES OF THE street, road or highway, any lumber or other material deposited there, nor erect or maintain any switch house, or other building, or fence in or upon any street, road or highway of said Town; provided, however, that upon special permission, granted by the Board of Trustees or its President, material may be so deposited for building purposes. 575* § 8. No railroad company or railroad corporation shall by themselves, or any agent, or employe, nor shall any agent or employe of any railroad company or railroad corporation, cause or allow any empty railroad car or cars to be detached from any locomotive engine, and left to remain * on or upon any street or side- walk or road) or railroad crossing in said Town for a longer period than ten minutes. Any railroad company or railroad corporation which shall of themselves, their agents or employes, violate or fail to observe any of the provisions of this chapter, or any agent or employe of any railroad corporation or other person who shall violate or fail to observe the same shall, for each violation or failure to observe the same, be fined in a sum not less than twenty-five dollars, nor more than one hundred dollars. 576. § 9. No person or persons, railroad company or corporation, shall tear up any permanent side or cross walk, or any part thereof, or dig any hole, ditch or drain in, or remove any sod, stone, earth, sand or gravel from any street, road, highway or alley without first having obtained a written permission of the Board of Trustees so to do, under a penalty of not to exceed two hundred dollars. 577. § 10. That no railroad shall hereafter be constructed along the surface of any street, avenue or alley in the Town of Cicero, and no right or privilege shall hereafter be granted to construct any railroad lengthwise along any street, avenue, alleyTOWN OF CICERO. 267 or public place in the Town of Cicero to any company organized under the Railroad Laws of this State, or under any special charter having general railroad powers under its charter. 578. § 11. Section 10 of this chapter shall not apply to street railroads to be constructed and wholly operated by a company authorized under its charter to do only street railroad business or to any ordinance already granted. 579. § 12. As heretofore provided (July 14, 1894,) the grade of all streets where the same cross the right of way or tracks of any railroad or railway company in the Town of Cicero be and the same hereby are established as they severally now exist, and at their present elevation above Town datum. 580. § 13. That no railway or railroad company or any other corporation or person shall cause or suffer the tracks or roadbed or right of way of any railroad to be raised or lowered at the crossing of any street in the said Town of Cicero so as to change the grade of such street at such crossing or shall assist in any such change of grade, or shall in any way change or assist in changing the grade of any such street or crossing without first obtaining permission therefor from the Board of Trustees of the Town of Cicero. 1 1 ' f 581. § 14. Any person, firm or corporation violating Sections 12 or 13 of this chapter, or any portion of said Sections 12 or 13, shall, upon conviction, be fined in a sum not exceeding $100.00 for each offense, and every person, firm or corporation so offending shall be held guilty of a separate offense as to each street, the grade of which shall be so changed without the permission of said Board of Trustees, and in case any such person, firm or corporation shall violate this chapter by changing the grade of any street or part of a street in any of the ways above mentioned, and shall neglect or fail for five days after notification from the President of the Town, to restore such street to the grade of the same at the time of the passage of this ordinance, then each day of such268 ORDINANCES OF THE default or neglect, after the expiration of said five days shall constitute a separate offense hereunder, and such offending party shall be subject to the penalty above mentioned as to each of said streets for each day such default or neglect shall continue. 582. § 15. It shall be the duty of all members of the police force of the Town of Cicero, and of all special police of said Town to arrest on view any and all persons at any time found violating any of the provisions of Sections twelve (12), thirteen (13), and fourteen (14) of this chapter, and take such persons before the Police Magistrate or some justice of the peace of said Town to be dealt with according to law. 583. § 16. That, whenever on any street crossed by the track or tracks of any railroad company, it shall be deemed necessary by the Board of Trustees of the Town of Cicero to provide agah st injury to persons or property at such crossings by the appointment of a flagman, said Board of Trustees may, by resolution, so declare, and direct that any such railroad company shall, within a time to be fixed by such resolution, not less than sixty days after notice to such company, place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen, and maintain at its own proper charge and expense such safeguard at the crossing therein mentioned. 584. § 17. It shall be the duty of the Town Clerk of the Town of Cicero forthwith after the passage of any such resolution to notify the company thereby affected by delivering to the President of same, if he be found in the County of Cook, or if he be not so found, then by delivering to any Superintendent, General Agent, Station Agent, Cashier, Principal Director, Engineer, Conductor, or any other Agent, a copy of such resolution duly certified as such by the Town Clerk aforesaid. 585. § 18. Whenever any railroad company shall have been so directed by the Board of Trustees and notified by the TownTOWN OF CICERO. 269 Clerk, as aforesaid, to place and retain a flagman at any of its crossings, and shall refuse or neglect so to do within sixty days from the service of such notice, or having so placed such flagman shall fail to retain the same, it shall be subject to a penalty of one hundred dollars for each and every day that it shall so refuse or neglect after the expiration of the said sixty days notice.270 ORDINANCES OF THE CHAPTER LXI. SCAVENGERS. 586. § 1. Night scavenger defined; License. 587. § 2. Work limited to licensed scavengers; Penalty. 588. § 3. Application for license; Consent of owner of dumping grounds; Fee; Bond. 589. § 4r. Method of work prescribed. 590. § 5. How material conveyed. 591. § 6. Display of name and license number on wagon and lamps. 592. § 7. Hours of work prescribed; Penalty. 593. § 8. Maximum fee prescribed. 591. § 9. Notification by Town Superintendent; Compliance; Penalty. 595. § 10. Upon owners failure to clean vault; Officers shall do so at owner’s expense. 596. § 11. Violation; Penalty. 586. § 1. The Board of Trustees shall, from time to time, grant licenses to any person, company or corporation, to engage in the business of emptying, cleaning or removing the contents of privy vaults; and every person, company or corporation engaged in said business shall be deemed a night scavenger within the meaning of this ordinance. 587. § 2. No person, company or corporation within the Town of Cicero shall empty, clean or remove the contents of any privy vault, or in any manner engage in the business of night scavenger, without first having obtained a license so to do, under the penalty of not less than twenty-five dollars for each offense. 588. § 3. Every person, company or corporation applying for such license, shall state therein the premises where he or they propose to dump the material to be removed by him or them, and shall at the same time file with the Town Clerk the written consent of the owner of such premises, that the same may be usedTOWN OF CICERO. 271 as a dumping place for such night scavenger and shall pay to the Town Treasurer the sum of ten dollars, and execute a bond to the Town in the penal sum of five hundred dollars, with not less than two sureties, to be approved by the Board of Trustees, conditioned that said scavenger will comply with the provisions of this ordinance, and every ordinance which may be hereafter passed by the Board of Trustees touching their said employment, and will also comply with and obey the health regulations of the Town made in pursuance of law. 589. - § 4. The cleaning, emptying and removing of the contents of privy vaults shall be done in an inoffensive manner, and any scavenger having begun any such scavenger work, shall, without any interruption or delay, finish the same, and shall in every instance leave the privy in as good condition upon the vault as when the work was undertaken. 590. § 5- The contents of privy vaults so removed by any scavenger shall be conveyed in air-tight tanks or vessels, and shall be disposed of in such a manner as to cause no offense. Said tanks or vessels shall be kept clean and inoffensive when not in actual use. 591. § 6. Scavengers who' engage in the business of removing the contents of privy vaults at night shall cause to be painted upon the wagon box of their wagons, in letters and figures, their names and the number of their licenses, together with a lighted lamp with plain glass fronts and sides with the number of the license of such wagon painted with black paint on the sides and front of each of said lamps, in distinct and legible figures at least two inches in size, and so placed that said lamps may be distinctly seen, and said number easily read. 592. § 7. No privy shall be opened, nor the contents thereof disturbed or removed between the hours of six o’clock a. m. and ten o’clock p. m. of any day. And if any night scavenger shall not bury the matérial removed by such night scavenger, and272 ORDINANCES OF THE cover the same so as to prevent any smell arising therefrom, the license of such night scavenger shall immediately be forfeited and annulled. Any person violating any provision of this section, shall be subject to the penalty of not less than five dollars for each offense. 593. § 8. Night scavengers shall be allowed to charge and receive for each load by them so t|tken and removed, of not less than twenty-seven cubic feet, a sum not exceeding five dollars for each and every load so removed. 594. § 9. Whenever, in the opinion of the Health Commissioner, any privy vault shall be offensive, and need cleaning, it shall be his duty to notify the owner, agent or occupant, to cleanse the same within a period named in said notice, and unless the person so notified shall comply within the time mentioned, it shall be the duty of said officer to cause said vault to be cleaned by one or more of the town scavengers aforesaid, and such person so failing to comply with said notice, shall, on conviction, be fined in a sum of not less than five dollars nor more than one hundred dollars; provided, that nothing in this section contained shall discharge the owner, agent or occupant of the premises from any liability otherwise provided, to pay all the expenses of such cleaning. 595. § 10. In case no owner or agent can be found in the Town, such officers shall cause such offensive vault to be cleaned, and in either case the expense shall be collected as in other cases of the removal or abatement of nuisances. 596. § 11. Any person without license as aforesaid, who shall engage in business as night scavenger, or who shall undertake to remove any contents of any privy vault within the Town without license or permit, as aforesaid, shall, on conviction thereof, pay a fine of not less than ten dollars nor more than fifty dollars for each offense; and any night scavenger as aforesaid licensed who shall fail to comply with the health regulations of the Town,TOWN OF CICERO. 273 or who shall violate any provision, or section, or clause of any provision oir section of this chapter, where no other penalty is imposed, shall, on conviction thereof, pay a fine of not less than fifty dollars nor more than one hundred dollars, and shall in the discretion of the Board of Trustees of the Town of Cicero forfeit his license.274 ORDINANCES OF THE CHAPTER LXII. SEWERS AND DRAINS. 597. § 1. 598. § 2. 599. § 8. 600. § 4. 601. § 5. 602. § 6. 608. § 7. 604. § 8. 605. § 9. 606. § 10. 607. § 11. 608. § 12. 609. § 18. 610. § 14. 611. § 15. 612. § 16. 618. § 17. 614. § 18. 615. § 19. 616. § 20. 617. § 21. 618. § 22. 619. § 28. 620. § 24. 621. § 25. 622. § 26. License required; Fee; Age and qualifications of applicants. Petition; Contents thereof. Bond and its conditions. Dissolution of partnership terminates license. License displayed. Firm name used; License not transferable. Licensed sewer builders responsible for their agents. Term of license and expiration. Form of license. Revocation of license how caused. Permit required to build drain or sewer or make connection therewith. Private catch basins. Forfeiture of license how caused. Uncovering or excavating near sewers without permit; Penalty. Laying or altering drain catch basin or other sewer connection without permit. Disturbing house-drain or other sewer connection without license; Penalty. Violation by sewer or drain builder; Penalty; Forfeiture of license. Damaging or clogging sewer or drain, etc. Injuring bank of open ditch or drain or obstructing same without permit. Animals not permitted to stray into ditches. Violation; Penalty. Railway companies to construct ditches. Commissioner of Public Works to prepare plans; Approval by trustees. Serving copy of plans, etc., on railway company. Form of notice required in § 24. Penalty. 597. § i. That any person, persons, copartners, or cor- poration wishing to do business as sewer or drain builders in the Town of Cicero, or business therein in connection with theTOWN OP CICERO. 275 sewers and drains of said Town, shall, before engaging in such occupation, obtain a license as a sewer or drain builder from the Board of Trustees, paying therefor to the Clerk of said Town a license fee of twenty dollars ($20.00), which fee so paid shall be accounted for by the Clerk in like manner as all other moneys received by him for the benefit of the Town. That no person shall be so licensed until he has reached the age of twenty-one years, and furnished the Board of Trustees with satisfactory evidence of his skill and responsibility in the trade or occupation of drain and sewer building. 598. § 2. Every person desiring such license shall file with the Town Clerk a petition in writing, giving his name in full, age and place of business, and if he is a member of a firm, in addition thereto shall give the full name, age, residence and place of business of each member of the firm, and the length of time the firm, and each member thereof, has been engaged in such business, and conclude by asking that a license be granted to him or his firm, as the case may be, to follow the occupation of sewer and drain builder in said Town. 599- § 3- The aforesaid petition shall be accompanied by a bond in the sum of three thousand dollars ($3,000), signed by two or more sureties, to be approved by the Board of Trustees conditioned, that if the petitioner shall erect and maintain strong and perfect barriers around any and all excavations, openings or other impediments to safe traveling created in pursuance of said business of sewer or drain building, or for any other purpose if done by said petitioner, or in his behalf, and shall maintain an ample number of lights, at such excavations, openings, or impediments, at night so as to assure and protect life, limb, body, and property, and shall indemnify and save harmless the Town of Cicero of and from all accidents or dangers consequent thereupon, for or by reason of any opening, excavation, or impediment in any streets, alleys, lanes, avenues or other public grounds or276 ORDINANCES OF THE private property made by said petitioner, or those in his employ, for the purpose of putting down public or private sewers, drains, pipes, catch-basins, or other work or fixtures for the sewerage or drainage of public or private lots, pieces, or parcels of ground, or of the buildings thereon, or making any connection with any public or private sewer or drain, or for any other purpose or object whatever; and that said petitioner will also restore and replace the street, planking, pavements and sidewalks to as good state and condition as he found it, and keep and maintain the same in good order and condition as he found it, and keep and maintain the same in good order and condition to the satisfaction of the Board of Trustees for the period of six months next thereafter. And if the said petitioner shall truly and faithfully comply with all rules, regulations, resolutions, orders and ordinances which now exist, or may hereafter be passed or established by the Beard of Trustees, and shall faithfully and skillfully construct and execute the said work of making and laying sewers and drains, public or private, in accordance with the terms of the order, resolution, ordinance or contract under and by virtue of which the same is done, and shall warrant such sewer or drain and its appurtenances for two years after the construction thereof, and further shall indemnify and save harmless said Town from any loss, damage, cost, charge, or expense to which said Town, or the lessee or owner of the sewer or drain so laid shall be subject by reason of the neglect or failure of the petitioner in the premises aforesaid, and shall well and truly pay or secure to be paid any judgment, decree, damage, costs, charges and expenses that may be recovered against said Town, or for which it may be liable, including attorney’s fees, by reason of the negligence, default or willful misconduct of the said petitioner, or any of his agents or employes while acting or purporting to act under and by virtue of said license, then such obligation to be null and void; otherwise to remain in full force and effect.TOWN OF CICERO. 277 600. § 4. In case a firm to whom such license is issued shall, during its continuance, become changed by reason of death such license so issued shall immediately terminate, and upon surrender of the same to the Town Clerk and the presentation and acceptance of a new bond as aforesaid, the Town Clerk shall issue another license for the unexpired term of the old one to the successor in business of the licensee who' surrenders as aforesaid, and shall charge therefor a fee of one dollar. 601. § 5. All licenses issued shall be kept in a conspicuous place in the office or shop of the licensee, and all changes in the place of business must be promptly reported to the Board of Trustees. “ 602. § 6. All licenses issued to a firm shall be issued in the firm name, and no license shall be transferable except as provided in section 4 of this chapter. 603. § 7. All licensed sewer tui ders shall be held responsible for all acts of their agents or employes done or purporting to be done, under and by virtue of a license or under color of the same. 604. § 8. No license shall be granted f;r a longer period than one year, and all licenses shall expire on the last day of June of each year, unless sooner revoked. 605. § 9. The aforesaid license shall be in substance as follows : that is to say: License is hereby granted to.......to- build, lay and construct sewers, drains and ditches in the Town of Cicero, all such work to be executed in strict conformity with the orders, rules, resolutions and ordinances in relation thereto now in force in said Town of Cicero, or that may hereafter be passed or established therein. 606. § 10. This license shall be revocable at any time by a resolution of the Board of Trustees declaring the same null and void, but shall not continue for a longer period than the last day of June next ensuing. 607. § 11. No person shall construct any drain cr sew r con-278 ORDINANCES OF THE necting or entering into any sewer belonging to said Town, nor make any connection with any such sewer, without first obtaining a permit so to do from the Commissioner of Public Works, for which a fee of one dollar shall be paid by the applicant; and no connection shall be made with any sewer, unless such connection leads from a good brick catch-basin, with proper trap, as hereinafter described, to be built on the premises of the party desiring to make such connection, into' which his sewer or drain shall empty before entering the Town sewer. 608. § 12. All private catch-basins shall be square or round in shape, not less than two feet six inches across, and not less than two feet six inches deep, across and below the level of the drain. Uprightly across said catch-basin, in the transverse direction of the drain, there shall be a partition extending to within nine inches of the bottom of said catch-basin. The entire catch-basin to be built of brick laid in cement, and the whole plastered in the inside with the same material, and of sufficient thickness to make the whole water tight, and covered with three-inch plank, and to be built to the satisfaction of the Commissioner of Public Works. Said catch-basin to be kept in a sanitary condition at all times and subject to the inspection of the Trustees or Commissioner of Public Works of the Town of Cicero. 609. § 13. Any failure on the part of said licensed sewer or drain builder to comply fully with the rules, orders, resolutions or ordinances now in force in said Town, or that may hereafter be enacted, passed or established, and to any proceedings under this license, or to comply fully with the terms thereof and the conditions of the bond filed by said party having reference to this license, whether any accident shall occur or damage arise, or not from such failure or neglect, shall work a forfeiture of this license, or its suspension during and at the pleasure of this Board of Trustees. 610. § 14. Any person who shall uncover or excavate under279 TOWN OF CICERO. or around the brick or pipe sewers in the Town of Cicero, for any purpose, whatever, without the written consent of said Town, shall be subject to a fine of not less than ten dollars, and not exceeding one hundred dollars; the person or persons by whom the work is done, and their employers, shall be deemed guilty of a violation of this section. 611. § 15. No person shall lay, alter or disturb any part of a drain, catch-basin, or strainer of said drain or cess-pool connected with any sewer belonging to said Town, without having first obtained a permit in each case so to do from the Commissioner of Public Works. 612. § 16. Any person who shall lay, alter or disturb any part of a house, drain or drains, catch-basin or strainer, or said dram or drains, cess-p°°l or water-closet, connected with any brick or pipe sewer belonging to said Town of Cicero, without being duly licensed to perform the same by said Town, shall be subject to a fine of not less than ten dollars, and not exceeding one hundred dollars for each offense, which shall be recovered against the person or persons performing the work, or their employers. 613. § 17. Any sewer or drain builder who shall be guilty of violation of any of the provisions of the foregoing sections of this chapter, or the license issued thereunder, in addition to all civil damages for which he may be liable, shall, upon conviction, be subject to a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), and shall forfeit his license, and upon such forfeiture no part of the license fee shall be returned. 614. § 18. No person shall damage, injure, or obstruct any sewer, drain or ditch, or deposit, or cause to be deposited, any substance therein, which shall obstruct or clog the same. 615. § 19. No person shall destroy or injure the bank of any ditch or open drain, nor place any dirt or other substance therein280 ORDINANCES OF THE to obstruct the same, nor obstruct the free passage of water through the same; nor tap any public ditch or open drain, or connect any private sewer, ditch or drain therewith, without the permission of the Commissioner of Public Works. 616. § 20. JNo person or persons, when driving any cattle, hogs, sheep or other animals, on or through the streets, roads or highways of the Town, shall permit any animal of any kind to go or stray into the di^ch or ditches along such road, street or highway, or shall permit them to stray into the ditches of the Town. 617. § 21. Any person who shall violate any provision of any section or part of any section of this chapter, on conviction thereof, shall be fined in any sum not less than ten dollars, nor exceeding one hundred dollars. 618. § 22. That all railway companies now using or operating their road, or any part thereof, in the Town of Cicero, or that hereafter may do the same, be and the same hereby are ordered and directed to construct, keep open and in repair a ditch or drain along and on the sides of their track, with all sewers and culverts necessary to prevent filthy or stagnant pools of water from standing on their grounds or right of way. 619. § 23. That it shall be the duty of the Commissioner of Public Works, under the direction of the Board of Trustees, to prepare plans, specifications and drawings for all such ditches, drains, sewers and culverts needed along the line of each railway in said Town as mentioned in the preceding section, which same, when so prepared, shall be submitted to the Board of Trustees for approval. 620. § 24. That when a set of plans, specifications and drawings have been approved by the Board of Trustees as aforesaid, it shall be the duty of the Town Clerk to serve, or cause to be served, a copy of the same upon the president of the road concerning which said plans, specifications and drawings were made,TOWN OF CICERO. 281 if he can be found in Cook County. If such president shall not be found in said county, then such copy may be served upon any vice-president, superintendent, general agent, cashier, clerk, director, engineer, conductor, station agent, or any agent or said company found in the county. 621. § 25. That with the copy mentioned in Section 24 there shall be served a notice in writing in substance as follows, to wit: To the (here insert name of railroad) you are hereby notified that on the — day of-----, A. D.-----, the Board of Trus- tees of the Town of Cicero, in meeting duly assembled, passed an ordinance, a copy of which is herewith annexed and made a part of this notice. That in obedience to such ordinance the Town Engineer of the Town of Cicero has prepared plans, specifications and drawings for a (ditch, drain, sewer or culvert, along the right of way or under the road bed, as the case may be), of the (insert name of railway), which plans, specifications and drawings have been submitted to the aforesaid Board of Trustees, and by it approved, a copy of the same being hereto attached. You are further notified to proceed forthwith and do the work exhibited and set forth in the aforesaid copy of said plans, specifications and drawings. 622. § 26. Any railroad company that shall neglect or refuse for three days to enter upon and prosecute with reasonable diligence the work designated in the copy of such plans, specifications and drawings as may be left with it as aforesaid, shall be subject to a fine not exceeding one hundred dollars ($100.00) and a fine not exceeding such sum for every three days thereafter that such refusal or neglect shall continue.282 ORDINANCES OF THE CHAPTER LXI1I. SIDEWALKS. 623. § 1. Grades; Ignoring Grades; Penalty. 624. § 2. Repair of sidewalks; Refusal to comply with order of Board; Penalty. 625. § 3. Steps, railings, platforms; Penalty. 626. § I. Cross-walks; Penalty. 627. § 5. Buildings, fences, etc.; Removing obstructions; Resisting orders of Board; Penalty. 628. § 6. Injuring walks; Penalty. 623. § 1. The grades for sidewalks on the streets and highways of the Town shall be given and established from time to time by the Board of Trustees. If any person shall build, or assist in building, any sidewalk where no grade has been established, without first obtaining a grade therefor from the Board of Trustees, or contrary to any grade which may be obtained from said Board, or shall build, or assist in building, any sidewalk contrary to any grade which has been established by the Board of Trustees, he shall, in either case, be subject to a penalty of ten dollars for every offense, and to a like penalty for every day he shall fail to remove or reconstruct such sidewalk, after notice from the Board of Trustees to remove or reconstruct the same. 624. § 2. Whenever the owner or occupant of real estate in the Town of Cicero shall be required and notified by the Board of Trustees to raise, lower, repair or relav any sidewalk, or to raise, lower, repair or cleanse any private drain, in front of, adjacent to, or upon any premises owned or occupied by him, it shall be the duty of such owner or occupant to cause said improvements to be made, in the manner and within the time prescribed by said Board.TOWN OF CICERO. 283 If any such owner or occupant shall neglect or refuse to comply with any such requirement, he shall be subject to a penalty of ten dollars for each and every day’s neglect. 625. § 3. No steps, cellar doors, stair railing or platform erected, or to be erected, within said Town shall be allowed to extend into or upon any sidewalk. And any owner or occupant of any premises having steps, cellar doors, stair railing or platform which extend into or upon any sidewalk or that portion of the street or highway where the sidewalk would, if built, be located, shall upon being notified by the Board of Trustees, remove such steps, cellar doors, stair railing or platform, and if any such owner or occupant shall neglect or refuse to comply with any such requirement within the time prescribed by said Board, he shall be subject to a penalty of ten dollars for each offense and to a like penalty for each and every day such neglect or refusal shall continue after the expiration of the time mentioned in such notice. 626. § 4. All cross-walks in the Town shall be kept free from any sleighs, wagons, carts, carriages, or horses or other animals, except so far as may be necessary in crossing the same; and the owner or driver of any sleigh, wagon, cart, carriage or horse or other animal, offending therein, shall forfeit and pay a penalty of three dollars. 627. § 5. Whenever the owner of any building, fence stoop, steps, platform, or other obstruction, upon any street, alley, sidewalk or public ground in this Town shall refuse or neglect to remove the same after notice so to do, as hereinbefore provided, or if the owner cannot readily be found for the purpose of such no', ice, such obstruction shall be deemed a nuisance. And it shall be lawful for the Board of Trustees or Commissioner of Public Works, or any member of the police force, to cause the same to be removed or taken down in such manner as they, or either of them, shall deem best.284 ORDINANCES OF THE Every person who shall oppose or resist the execution of the orders of the Board of Trustees, or any member of the police or other town officer, while engaged in abating any such nuisance, shall be fined in a sum not exceeding one hundred dollar?. 628. § 6. Any person who shall in any wav injure any side* walk in said Town, shall on conviction thereof be fined not less than three dollars nor more than one hundred dollars and shall be required to repair the said walk.TOWN OF CICERO. 285 CHAPTER LX1V. SIGNS, AWNINGS. 629. § 1, Signs projecting more than three feet. 630. § 2. Projecting signs; Penalty. 631. § 3. Removal of signs in violation hereof; Refusal; Penalty. 632. § 4. Encumbering sidewalks with goods; Barbers’ poles. 633. § 5, Signs or bills; Consent of building owner; Permit; Penalty. 634. § 6. General penalty. 635. § 7. Duty of Police and President to enforce this chapter. 629. § 1. No person shall place or cause to be placed, or suspend or cause to be suspended, from any house, shop, store, lot or place, over or into any street or sidewalk any goods, wares or merchandise whatever, or signs or any other thing, SO' that the same shall project from the wall of said house, shop, lot or place, more than three feet towards or into the street or over the sidewalk. 630. § 2. Signs securely fastened may be suspended over the sidewalks, not exceeding three feet, at a height above the sidewalks not less than eight feet, and no sign, show bill, lantern or show board which at its lowest part is less than eight feet in height above the sidewalk shall project into any street, under a penalty of not less than five, nor more than twenty-five dollars, for each offense, and the like penalty for every day such sign, show bill, show board or other thing may be continued or remain after an order to remove the same given by any policeman or public officer to remove the same. 631. § 3. All signs, show bills, show boards, lanterns or signs of any description whatsoever which have been erected or put up in any manner different from what is herein required and provided for, shall be removed forthwith. Any person who shall neg-286 ORDINANCES OF THE lect or refuse to remove the samie within twenty days after the passage of this ordinance, or after notice given by any policeman or public officer, shall be liable to a fine of not less than five, nor more than twenty dollars for every day said sign, show bill, lantern or show board may remain after said notice has been given to said person to remove the same. 632. § 4. No clothing, goods, wares or merchandise, signs, boxes, poles or other article or thing shall be placed in front of any store or other place in said Town, or on or above the sidewalk so as to occupy more than three feet next to the buildings or premises on such sidewalk; and when placed on the sidewalk such articles shall not be more than four feet high above the top of the sidewalk and when placed or suspended above the top of the sidewalk shall be so placed or hung that the lowest part of such articles shall be at least eight feet above the top of the sidewalk and not swing more than three feet from the building or boundary line of the lot. Barbers’ poles may be constructed six feet in height but shall be placed within three feet of the building or boundary line of the lot. 633. § 5 No person or persons shall,, within the limits of the Town of Cicero post or paint an advertisement upon any private wall, door, gate or fence (without consent in writing first obtained of the owner of such wall, door, gate or fence) or upon any curbstone, flagging, gutter stone, sidewalks, lamp posts, gateways, telegraph poles or any other poles or any fire alarm booths or boxes, fire plugs, wooden or iron railing or fence of any public grounds or buildings of the announcements for sale or barter of any description of drugs, merchandise or medicines of the nature or treatment of any disease, of any public amusement or lottery, or notices of a general public character, or any advertisement whatever without the previous written permission of the President of the Town. Any person violating any of the pro-TOWN OF CICERO. 237 visions of this section shall be liable to a penalty of five dollars for each and every offense. 634. § 6. Whoever shall violate any of the provisions of this chapter where a specific fine has not been provided for shall, upon conviction thereof, be fined not less than five, nor more than fifty dollars, for each and every offense. 635* § 7. It shall be the duty of the police to see to the en- forcement of each and all of the provisions of this chapter, and each and every policeman shall, whenever there is any obstruction in any street or alley or sidewalk, endeavor to remove the same, and in case such obstruction shall be of such a character that the same cannot readily be removed, then said policeman $hall report the same to the President of the Town who is authorized to remove the same.288 ORDINANCES OF THE CHAPTER LXV. SMOKE AND CINDERS. 686. g 1. Smoke, Cinders, Ashes, Refuse, etc.; Prohibited; Penalty. 636. § 1. That tht owners, lessees and managers of ever) blacksmith or other shop, forge, coal yard, foundry, manufactory, power plant, locomotive, and premises where any business is done, shall cause ail ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumulate at any of the above mentioned premises or in the appurtenances thereof, nor the same become filthy or offensive* nor shall any smoke, cinders, dust, gas, or offensive odor be allowed to escape from any such building, place or premises to the detriment or annoyance of any person not being therein or thereupon engaged, under a penalty of not less than ten dollars, nor more than two hundred dollars, for every offense, and each day’s violation of the foregoing provisions shall constitute a distinct and separate offense.TOWN OF CICERO. 289 CHAPTER LXVI. STREETS. 637. § 1. Streets and alleys to be kept free from obstruction. 638. § 2. Injuring streets or pavements; Permit. 639. § 3. Violation; Penalty. 610. § 4:. Police to remove obstructions; Penalty. 64:1. § 5. Articles removed sold to pay expense of removal. 642. § 6. No vehicle allowed to remain in street; Time limit; Penalty. 643. § 7. No building to be erected in street; Penalty. 644. § 8. Owner to remove building upon notice; Penalty. 645. § 9. When building deemed nuisance; Damages; Penalty. 646. | 10. Building material in street or alley; Penalty. 647. § 11. Stone, ice, mortar, shavings, etc., conveyed in tight boxes; Penalty. 648. § 12. Violation of § 11; Penalty. 649. § 13. Scattering manure, sand, etc., on street; Penalty. 650. § 14. Danger lights placed upon obstructions at night. 651. § 15. Buildings occupying streets longer than permitted; Penalty. 652. § 16. Street names to be displayed at Corners. 653. § 17. Street stands for animals prohibited. 654. § 18. Laying pipes in street without order of Board. 655. § 19. Sewers and water pipes must precede pavements. 656. § 20. Excavations protected by railings; Lights at night; Penalty. 657. § 21. Sec. 20 applies to private builders and town officers. 658. § 22. Construction of railings prescribed. 659. § 23. Violators of foregoing sections answerable in damages. 660. § 24. Department officers to require enforcement of foregoing sections. 661. § 25. Public works of town protected by railings and lights. 637. § 1. The streets and alleys in the Town of Cicero shall be kept free and clear of all obstructions, incumbrances and encroachments, for the use of the public, and shall not be used or occupied in any other way than is herein provided in this chapter. 638. §2. No person shall injure or tear up any pavement,290 ORDINANCES OF THE side or cross-walk, or any part thereof, dig any hole, ditch or drain in, or remove any sod, stone, earth, sand or gravel from any street, alley or public ground in the Town of Cicero without having first obtained written permission from the President, or hinder or obstruct the making or repairing any public improvement or work ordered by the Board of Trustees, or being done under lawful authority for the Town,, of Cicero, under the penalty for each offense of not less than ten dollars nor more than one hundred dollars. ^39- § 3- Any person, company or corporation who shall in- cumber or obstruct, or cause to be incumbered or obstructed, any street, alley or other public place in said town, by placing therein or thereon any building material or any article or thing whatsoever, without having first obtained written permission from the President of the Town, shall be subject to a penalty of not less than five dollars, nor more than fifty dollars, for each offense, and a further penalty of ten dollars for each day or part of a day such incumbrance or obstruction shall continue. 640. § 4. The police are hereby authorized to order any article or thing whatsoever which may incumber or obstruct any street or alley within said Town to be removed; if such article or thing Shall not be removed within six hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be, readily found for the purpose of such notice, be shall cause the same to be removed to> some suitable place to be designated by the President, and the owner of any article so removed shall forfeit a penalty of ten dollars, in addition to the costs of such removal. 641. § 5. Any article or thing which may be removed in accordance with the preceding section if of sufficient value to more than pay the expense thereof, shall be advertised ten days and sold by the President unless the same shall be sooner reclaimed and the penalty and costs paid by the owners thereof. The pro-TOWN OF CICERO. 291 ceeds of such sale shall be paid into the Town Treasury and the balance, if any after deducting the penalty and costs, shall be paid to any person or persons furnishing satisfactory proof of ownership. 642. § 6. No wagon, sleigh, sled, carriage, railway carriage or vehicle of any kind or description, or any part of the same, without horses or other beasts of burden, shall be permitted to remain or stand in any street or alley of this Town for more than one hour except for the purpose of being repaired, and then only in front of the premises of the person so repairing, and within ten feet of the curbing, under a penalty of not less than one dollar, nor more than twenty-five, dollars; and any such wagon, sled, sleigh, carriage, railway car or vehicle, or any part of the same, may be removed by any police officer, as provided in Section 4 of this chapter. ^ 643. §7. No person shall erect or place any building, in whole or in part, upon any street, alley, sidewalk or other public ground within this Town, under a penalty of fifty dollars. 644. § 8. The owner of any building, fence, porch, steps, gallery or other obstruction now standing, or which may hereafter be erected or placed upon any street, alley or sidewalk or public ground within this Town, or which may be left standing upon any new street that has been or may hereafter be opened, shall remove the same within such reasonable time, not exceeding thirty nor less than three days, as he shall be required so< to do by a notice signed by the President, under a penalty of not less than twenty-five dollars, nor more than one hundred dollars, for every day the same shall so remain. 645. § 9. Whenever the owner of any building, fence or ether obstruction upon any street, alley, sidewalk or public ground in this Town shall refuse or neglect to remove the same after notice as prescribed in the preceding section, or if the owner cannot be readily found for the purpose of such notice,292 ORDINANCES OF THE the same shall be deemed a nuisance, and it shall be lawful for the President and it is hereby made his duty to cause the same to be removed or taken down in his discretion and the expense thereof shall be recoverable of the owner in an action of assumpsit, and every person who shall oppose or resist the execution of the orders of said President in the premises shall forfeit a penalty of one hundred dollars. 646. § 10. No company, corporation or person shall be allowed to deposit or place in the street or alley any lumber or other material, nor shall they load or unload any car from the street, nor erect or maintain any switch house or other building upon any street, highway or alley within the Town limits, except by permission of the Board of Trustees; any violation of this section shall subject such company, corporation or person to a fine of not less than five, nor more than ten, dollars for each and every offense. 647. § 11. Any person or persons who shall be engaged in drawing stone, ice, mortar, rubbish or manure through the streets shall, when conveying or carrying earth, manure, mortar, shavings and rubbish, convey and carry the same in tight boxes, and when carrying or conveying any of the aforesaid articles in case the same fall into the street or the same be scattered in any street or avenue, cause the same to be forthwith removed, and for any violation of any provisions of this section he or they shall forfeit and pay the sum of five dollars for each and every offense. 648. § 12. Any person or persons neglecting or refusing to remove the dirt, sand or rubbish mentioned in Section 11 of this chapter within the time specified therein shall forfeit and pay the sum of five dollars for each offense; and in addition thereto the President shall cause the same to> be removed at the expense of the party so neglecting or refusing, who shall be liable to repay and refund the same and which shall be collected and paid into the Town Treasury.TOWN OF CICERO. 293 649. § 13. Any contractors or other person or persons causing any cart, wagon or other vehicle to be loaded and heaped up with manure, sand, earth, mud, clay or rubbish so that the contents, or any part thereof, shall be scattered in any street, avenue or other public place in this Town, shall forfeit and pay the sum of five dollars for each offense. 650. § 14. Any person having the use of any portion of the street or sidewalk for the purpose of erecting or repairing any building, or for any other purpose, shall cause two* red lights to be placed in a conspicuous place in front of each obstruction and at either end of the same from dusk until sunrise in the morning each night during the time such obstruction remains. 651. § 15. The owner of any building or the contractor for its removal, either or both, who shall suffer the same to be or remain in any of the streets or alleys or upon any of the public grounds of the Town, for any time longer than may be specified in the permission of the President shall forfeit a penalty of ten dollars and a like penalty for every twenty-four hours the same shall bo continued, and such building shall be deemed a nuisance. 652. § 16. The names of all streets shall be placed on all street corners and. shall wherever there are street lamps at the corners of the streets be painted on said street lamps or on tin, glass or metallic strips or plates, and firmly attached to said lamps or lamp-posts. 653* § 17. No person shall make a stand or stopping place within any street or alley in the Town of Cicero for the purpose of exhibiting for sale or for the purpose of selling or offering for sale any horses, mules or cattle, or any wagon, carriage or other vehicle drawn by either of the animals aforesaid, under the penalty of not less than five, nor more than one hundred, dollars for each offense. > 654. § 18. No Town officer shall grant permission to any person, company or corporation to lay any pipes for any purpose294 ORDINANCES OF THE whatever in the streets or alleys or public grounds of the Town of Cicero, except for private connections with mains already laid, unless the application for such permission shall have been approved or recommended by the Board of Trustees. 655. § J9- No street or alley in the Town of Cicero shall be paved until after all sewers and water pipes shall be laid and constructed therein, unless otherwise specially authorized by the Board of Trustees. 656. § 20. It shall be the duty of every person or persons engaged in digging down any street, in paving any street, building any sewer or drain or trench for water pipes in any of the public streets or avenues under contract with the Town of Cicero, made through either or any of the departments of the said Town, or by virtue of any permission which may have been granted to them by the Board of Trustees, or any department or either of them, where such work, if left exposed, would be dangerous to passengers, to erect a fence or railing at such excavations or work in such a manner as to prevent danger to passengers who may be traveling such streets, roads or avenues, and to continue and uphold the said railing or fence until the work shall be completed or the obstruction or danger removed. And it also1 shall be the duty of such persons to place upon such railing or 'fence at twilight in the evening suitable and sufficient lights and keep them burning through the night during the performance of said work, under the penalty of one hundred dollars for every neglect. 657. § 21. The provisions of the preceding section shall apply to every person who shall place building materials in any of the public streets or avenues or be engaged in building any vault or constructing any lateral drain from any cellar to any public sewer, or who shall do or perform any wbrk causing obstructions in the public streets, by virtue of any permit from any executive department, and also to all public or Town officers engaged in performing any work in behalf of the Town wherebyTOWN OF CICERO. 295 obstructions or excavations shall be made in the public streets. 658. § 22. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit: (1) In digging down any street or road by placing the same along the upper bank of such excavation or by extending the fence so' far across the street or road as to prevent persons from traveling on such portion as would be dangerous. (2) In paving any street or avenue by extending it across the carriage-way of such street or avenue, or if but a portion of the width of such carriage-way be obstructed across such portion ; in which case the obstruction shall be so arranged as to leave a passageway through as nearly as may be of uniform width, (3) In the building of a sewer by placing it across the carriage-way at the ends of such excavations as shall be made. (4) In building vaults by enclosing the ground taken for the vaults. (5) In placing building material in the streets, by placing it across so much of the street as shall be occupied by such materials, and the materials shall be so placed as to occupy a space of uniform width except brick or stone piled solid at least seven feet high. In all cases sufficient lights are to be placed upon such building materials, fences or railings, and kept burning during the night, as provided by the preceding sections. 659. § 23. In all cases where any person or persons shall perform any of the work mentiond in the preceding sections either under contracts with the Town or by virtue of permission obtained from the President or Board of Trustees, or either of the departments, such persons shall be answerable to the Town of Cic.ero for any and every damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the said work. 660. § 24. It shall be the duty of the officers of the depart-296 ORDINANCES OF THE ment having charge of the particular class of improvements to see that the requirements contained in this chapter in regard to the erection of fencing and placing lights in all cases be complied .with severally. 661. § 25. A like fence or railing and lights shall be put up and maintained in all cases in which a street or other public place is dug out at the cost of the Town.TOWN OF CICERO. 297 CHAPTER LXVII. STREET LAMPS. 662, § 1, Erecting lamp posts and street names in streets, 608, § 2. Post office boxes attached to street lamp posts; Defacing; Penalty, 664. § 8, Interfering with street lamps; Penalty, 665. § 4. Injury to public lamps; Penalty, 666. § 5. Injury to street name signs; Penalty. 667. § 6. Public lamp posts disturbed; Penalty, 668. § 7, Private lamp posts in street; Permit to remove; Penalty. 669. § 8. Injury to lamps and posts; Obstructing same; Penalty, 662. § 1. The Board of Trustees shall have the charge and control of and shall erect all lamp-posts and lamps and street signs designating the names of the streets which shall be placed thereon or elsewhere. 663. § 2. The post-office department under the direction of the Board of Trustees is hereby granted permission to attach and fasten post-office boxes to the public lamp-posts in this Town: and any person or persons who shall deface or in any way injure any such post-office box shall, for each offense, be subject to' a fine of not less than twenty-five dollars, nor more than one hundred dollars. 664. § 3. No person, unless authorized by the respective contractors for lighting the streets, shall at any time light or extinguish, or cause to* be lighted or extinguished, any public lamp which the contractor is or shall be required to light under his contract made with the Town, under the penalty of ten dollars for each offense, and any and every such contractor shall be liable to a like fine of ten dollars for willfully neglecting to light any lamp according to contract. 665. § 4. Any person breaking, mutilating or obstructing298 ORDINANCES OF THE any of the public lamps in the Town of Cicero shall be liable to a penalty of ten dollars for each offense. 666. § 5. Any person who shall break, misplace or carry away any of the street signs now or hereafter to« be placed on any of the public lamps or other posts, or in other places, shall be liable to a penalty of five dollars for each offense. 667. § 6. No person, without permission of the Commissioner of Public Works, shall take up, remove or carry away any public lamp-post in the Town of Cicero, under the penalty of fifty dollars for each offense. 668. § 7. No person shall remove or cause or permit to be removed any public lamp-post now or hereafter to be placed in front of his premises for any purpose whatsoever without the permission of the Board of Trustees, and every such person shall cause the lamp-post so- removed to be reset at his own expense, under the direction of said Board, immediately upon notice from said Board so- to- do, under the penalty of twenty-five dollars for each offense. 669. § 8. Any person who shall carelessly or maliciously break, deface or in any way injure or destroy any public lamp or lamp-post in this Town or climb upon or hitch any horse or other animal to any public lamp-post or sign-post or hang or place any goods or merchandise thereon or place -any goods, boxes, wood or any other heavy material upon or against the same, shall be liable to- a penalty of ten dollars for each offense.TOWN OF CICEKO. 299 CHAPTER LXVIII. STREET NAMES AND HOUSE NUMBERS. 670. § 1. Naming streets. 671. § 2. Numerical house numbering system adopted. 672. § 3. House numbering plats. 673. § I. Town Clerk to post notices of filing of maps required by Sec. 3; Publication; Size of numbers. 674. § 5. After three months, numbering let to lowest bidder; Fees. 675. § 6. ‘6 Streets” and other words construed. 670. § 1. All streets of the Town shall be named in such a manner as to make the names of such streets conform as nearly as possible to the system now in use in the City of Chicago, and in conformity with the Plat entitled “Street Name and House Number Map,” now on file in the office of the Town Engineer, and which Plat is hereby adopted and made a part of this ordinance. Provided, however, that the said changes are subject to the following conditions: First. The streets heretofore known as Central Avenue, Austin Avenue and Austin Boulevard, and Oak Park Avenue shall retain their names herein designated until the further action of the Board of Trustees. Second. All north and south streets shall be termed “Avenues” and “Places” and all east and west streets shall be termed respectively “Streets” and “Courts.” 671. § 2. The numbers of all houses shall be made to conform to the changes of the names of the streets and shall be what is known as the numerical or Philadelphia system. Provided, however, that the main line of the Galena Division of the Chicago and Northwestern Railway Company shall be the dividing300 ORDINANCES OF THE line of all North and South streets of the Town, that part of each street lying" north of said railway line being designated as North, and that part lying south of said railway being designated as South. 672. § 3. From time to time complete maps and plats of the lots and blocks in the subdivided lands in the Town of Cicero shall be made for the purposes of this chapter, dividing all such lots and blocks fronting upon any and all streets, as near as practicable, into lots of twenty-five (25) feet frontage each, and a street number shall be assigned on such maps to each of such lots, which said maps or plats shall, when approved by the aforesaid Board of Trustees, become a part of the records of the Town of Cicero. To provide for the expense of making and caring for said maps or plats, and the issuing of certificates, as hereinafter mentioned, the Town Clerk shall charge a fee of fifty (50) cents for the number of each and every lot mentioned in such certificates, which said fee shall go into the general Town fund. Any person being the owner, or the agent of the owner, or having charge or care of, or collecting rent for any building now erected or that hereafter may be erected or moved upon any lot or lots mapped or platted as aforesaid, who, after being notified by the Town Clerk, as hereinafter provided, that the street numbers of the aforesaid lots are on record in the office of the Qerk or the Town of Cicero, shall for the space of thirty (30) days thereafter neglect or refuse to number in compliance with this ordinance any building owned by him, or concerning which he is acting as agent for the owner as aforesaid, or w:ho> shall number such building without first having obtained from the Town Clerk a certificate therein designating the number or numbers of the lot or lots upon which such building is located, or shall permit to remain thereon a number for which no certificate has ever beenTOWN OF CICERO. 801 issued as aforesaid, shall be subject to a penalty of five dollars and an additional penalty of five dollars for each and every thirty days thereafter that he shall so neglect, permit or refuse. 673. § 4. When said maps or plats shall have been approved by the Board of Trustees aforesaid, it shall be the duty of the Town Clerk to post notices, or t0‘ cause the same to- be done, in substance stating therein that said maps or plats have been so approved and are now on file in his office; that they contain a record of the street numbers within the aforesaid limits, and that persons so desiring can obtain a certificate of the proper numbers to be placed upon any building situated upon any one or more of the aforesaid lots upon payment of the fee hereinbefore mentioned, and further stating the penalty herein provided in case of neglect or refusal to do- so; and shall also< cause a like notice to be published once in each week for four successive weeks in a newspaper published in the Town of Cicero, commencing on the Saturday following the posting of the aforesaid notices, which said publication when so published shall be deemed and taken as sufficient notice under this ordinance to< all persons affected thereby; the aforesaid thirty days shall begin to run from the date of the last publication of said notice. The aforesaid notices shall be posted in ten of the most public places in said Town. Each of the figures placed upon any building for the purpose of designating the number of any ldt under this ordinance shall be not less than three inches long and of such size and design otherwise as to be distinctly and easily read. Said numbers shall be exhibited in a conspicuous place upon the front or side of the building to which they are attached, and in such manner as to indicate that they represent the street number of the lot upon which such building is situated. 674. § 5. At any time after the expiration of three months from the last publication of the aforesaid notice the Board of302 ORDINANCES OF THE Trustees may let to the lowest bidder the numbering of all unnumbered buildings then existing in the Town, issuing to such bidder a certificate as aforesaid upon payment of said fee, which shall justify said bidder in entering upon the premises therein designated for the purpose of affixing to the building thereon the number or numbers in said certificate mentioned in the manner contemplated by his contract so to do; and such bidder, after the completion of his work upon any such building, may, at his own proper cost and charge, sue the owner thereof, or his aforesaid agent, in the name of the Town of Cicero for his use for the reasonable value of such work. Provided, however, that in no instance shall an owner, or such an agent, be charged more than $2.00 for the numbering of each lot, including the aforesaid fee of fifty (50) cents. 675. § 6. In the construing of this chapter the word “street” shall mean street, avenue, court, or other public place, and words importing the masculine gender may be applied to females or corporations as the case may be.TOWN OF CICERO. 303 CHAPTER LXIX. STREET RAILWAYS. 076. ? 1. Obstructing tracks after signal given. 677. § 2. Violation of Sec. 1; Penalty. 676. § 1. That the cars of street railway companies whose tracks are laid upon any of the streets, alleys or other public grounds of the Town of Cicero shall have the right to their said tracks as against any person, carriage, vehicle or incumbrance put, driven or being thereon, but with a view to delay or embarrass the progress of the said car or cars from running or progressing thereon by placing, driving or stopping, or causing to be driven, at a slow pace, or stopping any vehicle or other obstacle in, upon, across, along or near any of said tracks in the way of any car, if there shall be an opportunity to turn off, after being notified by the ringing of the car bell or other warning. 677. § 2. Every person violating Section one of this chapter shall be liable to a penalty of not less than five nor more than fifty dollars for each offense.304 ORDINANCES OF THE ' CHAPTER LXX. TREES. 678. § 1. 679. § 2. 680. § 8. 681. § 4. 682. § 5. 688. § 6. 684. § 7. Trees trimmed; Obstructing light of street lamps. Branches of trees on private property trimmed; Obstructing lights. Superintendent of Streets to require enforcement of this ordinance; Yiolators; Penalty. Other than abutting property owners cutting trees in street; Permit; Penalty. Hitching horse to trees; Other injury; Penalty, Surrounding trees with protecting frames; Town Supervision, Where trees may be planted. 678. § 1. All trees standing in the streets of the Town of Cicero shall be pruned and trimmed so that no- branch thereof shall grow or hang lower than nine feet above the level of the sidewalks at the place where such trees are standing; and no trees shall be permitted to stand or grow in such manner as to obstruct the proper diffusion of light from any public lamp. 679. § 2. All trees standing upon private property in said Town, the branches of which extend over the line of the street, shall be pruned and trimmed so that no branch thereof shall grow or hang over the line of the street or sidewalk lower than nine feet above the level of such sidewalk, and no such tree shall be permitted to grow in such a hianner as to obstruct the proper diffusion of light from any public lamp. 680. § 3. It is hereby made the duty of the Superintendent of Streets to see that all trees standing in the streets of the Town are at all times made to conform to* the provisions of this chapter and in all cases where trees standing upon private property are in conflict with the terms hereof said Superintendent of Streets shall notify the owner of the premises upon which such trees are lo-TOWN OF CICERO. 305 cated to forthwith prune and trim the same in accordance with the terms and provisions of this chapter, and any person neglecting or refusing to comply with the terms of such notice shall be subject to a fine of one dollar for each tree he was so notified and refused or neglected to trim. And upon the neglect of any owner to so trim any trees within five days after receipt of such notice the Superintendent of Streets shall cause the same to be trimmed and pruned so as to comply with the provisions hereof, and the expenses of such work shall be charged to and collected from such owner or owners. 681. § 4. No person other than the owner of the abutting property shall cut down, destroy, break or in any manner injure any tree or shrub standing in any street or public place within the Town except by special permission of the Superintendent of Streets, under a penalty of not less than five dollars for each offense. 682. § 5. Whosoever shall hitch or fasten any horse or other animal to any ornamental or shade tree or shrub within said Town, or whoever shall by any other means wilfully injure the same, shall be subject to a penalty of not less than five dollars, nor more than twenty-five dollars for each offense. 683. § 6. Any person adjacent to whose land any shade or ornamental tree or shrub may be growing, or may hereafter be planted or set out in any street of said Town, may for the purpose of protecting any such tree or shrub surround the same with a suitable box or frame for protection, but all such work shall be performed under the supervision and direction of the Superintendent of Streets. 684. § 7. Any person owning or occupying land abutting upon any street may set out or cause to be set out or planted shade or ornamental trees within a space adjacent to his property included between the outer line of such street and a line in said street uniformly eight feet out from said outer line of such street.306 ORDINANCES OF THE CHAPTER LXXI. WARRANTS. 685. § 1. Drawing warrants in anticipation of collection of taxes levied. 685. § 1. When there is no money in the Treasury of the Town of Cicero to meet and defray the ordinary and necessary expenses thereof, warrants may be drawn and issued against and in anticipation of the collection of any taxes, already levied for the payment of such ordinary and necessary expenses, to the extent of seventy-five per cent, of the total amount of such tax levy; provided, such warrants shall show upon their face that they are payable solely from said taxes, when collected, and not otherwise, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes, against which such warrants are drawn, shall be set apart and held for their payment.TOWN OF CICERO. 307 CHAPTER LXXII. REPEAL. 086. § 1. All prior or inconsistent ordinances repealed. 687. § 2. Prior rights or prosecutions not affected by § 1 of this chapter. 686. § i. All general ordinances heretofore passed by the Board of Trustees of the Town of Cicero, which relate to the same subject-matter of these revised ordinances, or are inconsistent with any of the provisions thereof, are hereby repealed. 687. § 2. The repeal of ordinances or parts of ordinances, by the preceding section, shall not affect any act done, or any rights accrued or established, or any suit, or action or proceeding, had or commenced in any court, before the time when such repeal shall take effect, nor any offense committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending for the recovery of any fine or penalty incurred under any ordinance or part of ordinance so repealed,308 ORDINANCES OF THE TOWN OF CTOERO. Sate of Illinois, Cook County, ss. The Town of Cicero. I, J. R. Drent, Town Clerk of the said Town of Cicero, do hereby certify that the above and foregoing from page 26 to page 307 inclusive is a true copy of the Revised Ordinances of the Town of Cicero, passed by the Board of Trustees of said Town, on the 10th day of April, 1897, °f which appear by the records of said Town And I further certify that I am keeper of the same. In witness whereof, I have hereunto set my hand, and the seal of said Town, this 10th day of April, A. D. J. R. DRENT, Town Clerk. (Town Seal.)INDEX. Paragraph Page ACTIONS, ARREST, TRIAL AND PUNISHMENT. Actions........................................172 115 Arrests........................................178 115 W arrants......................................174 116 Arrest on view ................................175 117 Serving writs .................................176 118 Bail...........................................177 118 Judgments against surety.......................178 118 Trials.........................................179 11$ Juries; jurors; witnesses .....................180 118 Costs..........................................181 119 Failure to pay fine ...........................182 119 Fines to be paid to Treasurer..................183 119 Violation of any chapter; penalty..............184 119 Subsequent repeal not to affect violation of ordinance..........................................185 120 ADVERTISING, see Bill Posting. AMUSEMENTS. License required; Penalty......................186 121 What License shall contain; Fees; Penalty......187 121 License issued by Clerk........................188 122 Annual fees for Hall or Theater................189 122 “Entertainment” defined....:..................190 122 License........................................191 122 Gambling prohibited in License; Revocation; Penalty...........................................193 123 Entertainment in Saloons, etc.; Penalty........193 123 Proprietor’s duty to secure License............194 123 Injuring bills or posters; Penalty.............195 123 Liquors at Entertainment places; Penalty.......196 123 Seats in Aisles or Passageways; Penalty........197 124 Doors to open out............................ 198 124 Police to enforce Section 12...................199 124 Preserving order at Theaters, Halls, etc.; Specialn INDEX. Paragraph Page Police......................................200 124 Obstructing Entrance to Halls, etc.; Penalty..201 124 Sunday observance; Penalty ...................202 125 ANIMALS RUNNING AT LARGE. See also “Pounds and Poundmasters.” Running at Large .............................203 126 Herding.......................................204 126 Right of Resident to Restrain.................205 126 Penalty.......................................206 126 Poundkeeper’s duties..........................207 127 Any Person may Impound Animals................208 127 Impounding fees ..............................209 127 Owners may redeem ............................210 128 Poundkeeper to make complaint.................211 128 Unknown Owners; Form of Notice; Trial.........212 128 Justice to Enter Case.........................213 129 Jury Trial ...................................214 130 Judgment; Order; Form.........................215 130 Poundkeepers to Post Notices; Form; Day of Sale; Return.................................... 216 130 Who may not Purchase; Penalty.................217 131 Breaking open the pound; Penalty..............218 131 Interfering with Poundkeeper..................219 131 Payments of fees to Town; record and report...220 131 Proceeds of sale of animal; disposition of....221 132 Establishing pounds and appointing poundmasters. 222 132 Not permitted to stray into ditches...........616 280 Cruelty to animals ...........................297 157 Street stands for animals.....................653 293 ARRESTS, Record of.............................. 55 54 ASHES, cinders, smoke, etc.; removal of...........636 288 ASSAULT. Definition of ................................440 216 Assault and Battery ..........................441 216 ATTORNEY. Town Attorney; his duties defined............. 13 37 Opinion in writing ........................... 14 37 Dockets........................................15 37 Attendance at meetings; Annual Report......... 16 37 See also “Town Officers.”INDEX. Ill Paragraph Page BAIL...............................................177 118 BEGGARS; penalty...................................487 227 BICYCLES. Sidewalk; Rules................................223 138 Penalty........................................224 133 Police to Arrest on sight......................225 133 Secondhand Dealers; Repairs; Storers...........226 134 License........................................227 134 Report of Dealer, Repairer, Storer.............228 134 Penalty........................................229 135 License Revoked ...............................230 135 BILLIARDS AND POOL TABLES. License required...............................231 136 Minors; Betting; Nights and Sundays............232 ' 136 License fee; License Terminated and Revoked. .. .233 136 Penalty........................................234 136 BILL POSTING; ADVERTISING. Bill Posting without license prohibited; Consent of owner........................................235 137 Penalty........................................236 137 In Prosecutions defendants to show license and consent......................................237 137 License; How obtained; Bond; Fees..............238 138 President to issue License.....................239 138 Expiration of License; Revocation..............240 138 Destroying or Defacing Bills posted............241 138 BILLS, Presented to Finance Committee...............11 33 BIRDS, Killing and injuring of; Penalty............476 224 BIRTHS AND DEATHS. Physicians and Midwives to register Births and Deaths.......................................242 139 To file copy of registry with Town Clerk.......243 139 Resident Physicians to register name and address with Town Clerk .............................244 139 To Report inquests to Clerk....................245 140 Interment of dead body; Permit; Duty of Undertaker..........................................246 140 Town Clerk to procure blanks and stationery....247 140 Violation; Penalty ............................248 140 BOILERS IN BUILDINGS...............................273 148IV INDEX. Paragraph Page BONDS, Signed, sealed, etc., by Clerk.............. 8 29 BONDS FOR IMPROVEMENTS, see Special Assessments. BOULEVARDS AND PLEASURE DRIVEWAYS. Funerals, hearses, etc., prohibited.............249 141 Pleasure Driveways; Speed and traffic regulated; Crossing boulevards; Bicycles; Rules..........250 141 Injuring any part of boulevard; Permit; Supervision.........................................25J 142 Moving Buildings; Permit; Restrictions .........252 142 Obstructing boulevards with buildings or material.258 142 Violation of Section 4; Penalty.................254 148 Obstruction of boulevards; Light at night.......255 148 Littering boulevards.......................... 256 143 Violations; Duty of Police......................257 143 Violations; Penalty.............................258 143 BREACH of the PEACE; Mobs; Penalty..................485 226 BREAD. Wholesome Materials ............................259 144 Size of Loaf; Baker’s initials..................260 144 Penalty.........................................261 144 Dealer’s permit; Record; Penalty................262 144 Right of search; Violation; Seizure.............263 145 Seized bread as evidence; Unwholesome bread destroyed .......................................264 145 Second offense; Penalty....................... 265 145 Exceptions to Section 2.........................266 145 BRIDGES, See Commissioner of Public Works. BUILDINGS. Permit required ................................267 146 Width and Number of Exits;.Door to swing out. .268 146 Mills and Factories; Combustible Refuse; Water on premises......................................269 147 Factory doors and stairways satisfactory to trustees; Penalty...................................270 147 Heating apparatus to be removed from woodwork; Other restrictions..............................271 148 Floors protected from stoves, ash-pits, etc.....272 148 Woodwork near boilers ..........................273 148 Floor of boiler rooms...........................274 148 Portable boiler room floors.....................275 148INDEX. y Paragraph Page “Business building” defined ...................276 148 Written statement of proposed erection or alteration of buildings; Permit; Fees...............277 149 Light at night'when street obstructed; three foot walk required................................278 149 Unsafe buildings; Destruction; Penalty.........279 149 “Public hall” defined .........................280 150 Penalty........................................281 150 BUILDING. Occupying streets too long.....................651 293 Moved on boulevards ...........................252 142 Not to be built in street; Penalty.............643 291 BUILDING MATERIAL, in streets or alleys............646 292 BURGLAR TOOLS; Penalty ............................442 216. BUTTER1NE. Pure butter only to be labeled “butter”........282 151 All imitations of butter to be correctly labeled.... 288 151 Butter and Cheese inspector; His powers........284 151 Penalty........................................285 152 CARS IN MOTION, Boarding or alighting from.........477 224 CATCH BASINS, How constructed and maintained. . .60S 278 CATTLE, Driving and staking of; see Highways and Animals running at Large. CIGARETTES. Selling Cigarettes to Minors ..............286 Penalty....................................287 CINDERS........................................636 CIRCUSES; Penalty for lack of permit...........488 CLERK. Office; Seal; Duties; Accounts; Sidewalk Ordi nances; Licenses; Correspondence; Bonds.... 3 Ordinances—when and where recorded; Publication; Certified copy; Evidence; Originals filed... 4 Warrants; Clerk’s stub; Treasurer’s stub; Forms.. 5 Tax Levy Ordinance to be filed with County Clerk. 6 Care of Documents........................... 7 Salary; Fees; Payments to Treasurer; Report to Board of Trustees ....................r ... 8 Free access to Books and Records........*... 9 153 153 2S8 225 28 29 29 31 31 31 32VI INDEX. Paragraph Page CLOTHES, Dyeing or scouring of in streets; Penalty. .482 225 COAL, see GASOLINE. COLLECTOR. Duties.............................................26 42 Payments to Treasurer ............................ 27 42 Report Moneys Collected; Annual Report............ 28 42 Final Settlement ................................. 29 42 Report to County Collector ....................... 30 42 Interest on Special Assessment Installments Collected Annually ............................. 31 42 Assessment Rolls Checked. Audited and Filed.... 32 42 COMMISSIONER OF FFBLIO WORKS. See also TOWN OFFICERS. See SUPERINTENDENT OF STREETS. See WEIGHERS. Commissioner of Public Works; Plumbing and Drainage Commissioner .......................... 33 44 Enforcement of Sanitary and Health Regulations.. 34 44 Erection of Public Buildings, Pavements, Bridges, Sewers, etc.; Material; Inspection.............. 35 45 Street Lighting .................................. 36 45 Plumbing; Test applied; Water Pipes-—piercing.... 37 45 Purchasing Agent; Requisitions.................... 38 45 Itemized Bills ................................... 39 46 Vested with Powers of Policeman............... 40 46 Employment of Assistants ......................... 41 46 Other duties prescribed by the Board of Trustees. 42 46 Duties of Commissioner ........................... 43 46 Report of Repairs ................................ 44 48 Annual Report .................................... 45 49 COMMITTEES, Standing ................................. 12 35 CONCEALED WEAPONS. Carrying concealed weapons prohibited.............288 154 Confiscation of concealed weapons.................289 154 Duty of police to arrest violators................290 154 Prosecution by summons or warrant prescribed; Judgment of confiscation........................291 155 Policemen, court officers, etc., excepted.........293 155 License to carry concealed weapons; Revocation.. .294 155INDEX. Vll Paragraph Page Application for License; Fees..................295 156 Contents of License prescribed.............296 156 CONDEMNATION PROCEEDING recorded...............116 94 CONTRACTS, see DEEDS. CONTRACTORS, liow paid in bonds................128 98 COSTS, liow taxed ..............................181 119 COW STABLES, Cleaning of.......................436 213 CROSS-WALKS, unobstructed......................636 283 CRUELTY TO ANIMALS, prohibited.................297 157 DANGEROUS ANIMALS, Running at Large............479 225 DEATHS, see “BIRTHS and DEATHS.” DEEDS AND CONTRACTS. Who shall sign .............................298 158 President and Clerk to execute deeds, etc..299 158 DEFACING PROPERTY; Penalty.....................445 217 DISEASED or DEFORMED PERSONS...................471 223 DISTURBING ASSEMBLAGES; Penalty ...............474 224 DOGS. Season for muzzling dogs...................300 159 Dogs to be registered and tax paid.........301 159 Annual tax ................................302 159 Duty of keeper to register dog and secure plate for collar...................................303 159 Metallic collar plate; Counterfeiting: Penalty.304 160 Town Clerk to furnish plate; Kind of plate... .305 160 Dogs prohibited from running at large; Penalty. . .306 160 Complaint for violation; Killing dog.......307 161 Duties of police ...........................30S 161 Resisting officer..........................309 161 Violation; Penalty ........................310 161 DRAINAGE, see “PLUMBING.” See “Sewers” and “Commissioner of Public Works.” DRAM SHOPS. Sales of intoxicants prohibited; License district bounded..................................311 162 License; Fees; Bond........................312 163 License, what to contain; Expiration.......313 163Vili INDEX. Paragraph Page Time of opening and closing; Closed on Sunday... .314 103 Bond for compliance with ordinance................315 163 Licenses signed by President and attested by Clerk; Revocation; Bowling alleys; Billard tables; Gambling........................................ 316 164 Violation; Penalty ...............................317 165 DRUGS, Fraudulently prepared; Penalty.................467 222 EARTH, Removing of, from public or private grounds.455 219 ENGINEER. See “Commissioner of Public Works.” See “Town Officers.” Field notes, map, plans, etc.............. 43 48 Qualifications and Duties ................ 46 50 Reports to Commissioner of Public Works... 47 50 “ENTERTAINMENT” defined.......................190 122 ESTIMATES for PAYMENT of CONTRACTS.............43 47 EXCAVATIONS, Protection of, by railing and by light at night.................................656 294 EXHIBIT; indecent, of male animals............457 219 EXPLOSIVES. Explosives stored within Town limits; License; Stone quarries; Storekeepers; Penalty; Separate violation......................................318 166 Conveying explosives through streets; Vehicle loaded with explosives standing on streets; storage at docks, etc.; Violation; Penalty..........319 167 Money deposit with license; Exceptions...........320 167 Expiration of licenses ..........................321 168 FACTORIES, see BUILDINGS, FAST DRIVING OF HORSES. Speed limited to six miles an hour...............322 169 Speed at crossings four miles an hour............323 169 Must walk through alleys; Penalty................324 169 Running at large; Penalty........................325 169 To keep off sidewalks; Penalty...................326 170 Racing; Penalty..................................327 170 Object of Sec. 6 defined.........................328 170 Leaving horses, etc., unfastened when attached to vehicle ........................................329 170INDEX. IX FEES. Commissioner of Public Works Paid to Treasurer............ Clerks ...................... Town officers’ fees prescribed. . Sealer’s fees................ Paragraph 43 43 8 147 168 FENCES. Barb wire prohibited............................330 Removal of existing barb wire fences............331 Penalty ........................................332 FINES, failure to pay...............................182 FINES to be paid to Treasurer.......................564 FIRE ARMS AND FIRE CRACKERS. No firing of fire arms or firecrackers without writ- ten permission................................ 340 Penalty ........................................341 FIRE DEPARTMENT. Fire Companies, when and how created..........73 Duties of Members; Written Agreement......... 71 Selection of Chief and acceptance by Board of Trustees .................................. 75 Annual Election; Report to Board of Trustees. ... 76 Duties of Companies; care of Apparatus; Duties of Members................................. 77 Prompt Performance required; Expulsion....... 7S Compensation for Services; Pay-roll; Auditing. .. . 79 Permanent Employes; Duties; Compensation..... 80 Chief; Powers; Compensation.................. 81 Aid from other Companies; Control of Resident Chief ..................................... 82 General Supervision in the President and Trustees. 83 False alarm of fire; Penalty..................84 Bonfires; Penalty; Permits................... 85 Lights to be enclosed; Penalty............... 86 Removal of Shavings; Rags and Waste destroyed— immersed in water.......................... 87 Stoves in Shops; use of Candles; Penalty......88 Carrying Fire in Street; Penalty..............89 Scattering Shavings and other Combustibles; Penalty Page 47 48 31 105 110 171 171 171 119 261 175 175 62 63 63 63 63 63 63 64 64 64 64 65 65 65 65 66 66 90 66X INDEX. Paragraph Page Depositing Combustibles near Buildings; Permit; Penalty ..................................... 91 60 Ashes in Wooden Receptacles; Penalty............92 60 FIRE LIMITS. Location of Fire Limits No. 1 and No. 2........333 172 Repairing frame buildings......................334 172 Sheds; Dimensions .............................335 173 Shelter sheds .................................33d 173 Erecting and moving frame buildings............337 173 All other buildings prohibited; Cottages; Dimensions .........................................338 173 Penalty .......................................339 173 FIREMEN as POLICEMEN, See Police Dept. FRUIT STANDS; Licenses; Consent; Penalty...........484 226 FUNERALS on BOULEVARDS.............................429 141 Funerals; Disturbing of; Penalty...............475 224 GAME AND SONG BIRDS. Time for killing various game birds; Killing at night; Penalty...............................342 176 Unlawful to buy or sell or have in possession; Penalty .................................. 343 176 Song birds enumerated; Killing prohibited; Penalty .....................................344 177 GAMBLING, see GAMING. GAMING. Gambling house pi'ohibited; Penalty............345 17S Keeper of a disorderly or gaming house; Penalty. .346 178 Police may destroy gaming tools; Resisting officer; Penalty; Right of entry......................347 178 Frequenter of gambling house; Penalty..........348 .179 Penalty for gambling...........................349 179 GASOLINE, COAL OIL, etc. Storing crude petroleum, gasoline, etc., regulated. .350 180 Storage in specially constructed building; Location.351 180 Sell only in daylight..........................352 180 Penalty .......................................353 181 GRADES. Town datum established.........................354 182 Prairie surface of street is grade, when.......355 182INDEX. XI Paragraph Page Grade of sidewalks.........................356 182 Grades and Bench Marks recorded........... 43 48 Of sidewalks ...............................623 2S2 HALL—PUBLIC, see BUILDINGS. HEALTH, see COMMISSIONER OF PUBLIC WORKS. HEALTH DEPARTMENT. Health Officers ..............................493 233 Health Commissioner; Duties; Commissioner of Public Works to act.......................110 86 Arrest Progress of Contagious Disease.....^...111 87 Smallpox, etc.; Vaccination and other Sanitary Measures ...................................112 87 Health Regulations ..........................113 87 Reg. 1. Sick entering Town .113 87 Reg. 2. Duties of Citizens to Report Disease. .113 87 a. Tc i notify Town officer .113 87 b. To employ physician .113 87 c. Warning bv card .113 88 d. No one allowed to enter premises .113 88 e. Confining family to premises .113 88 f. Disinfecting .113 88 g. Burial of the dead ,113 88 Reg. 3. Duties of Physicians .113 88 Reg. 4. Physicians to enforce Regulations .... .113 89 Reg. 5. Duties of Police .113 89 Reg. 6. Vaccination provided for .113 89 Reg. 7. Health Officers .113 89 Reg. 8. Health Officers to abate nuisances . .. .113 90 Reg. 9. Health Officers to examine sick and cause their removal .113 91 Reg. 10. Resisting removal of sick; Penalty... .113 91 Reg. 11. Health Officers empowered to force rc moval of sick 113 91 Reg. 12. Compensation for property destroyed. . ,113 92 Reg. 13. Owners or occupants to report disease. 113 92 Reg. 14. Penalty .113 92 HIGHWAYS. Driving cattle; Injuring ditches, sidewalks, etc. .. .357 184 Herding, driving or staking cattle .................358 184 Paved streets; No oils or rubbish thereon........... .359 185 Object to this chapter to prevent damage...........360 185 Penalty............................................361 1S5Xll INDEX. Paragraph IIORSE, Hitching to trees ..........................682 HOUSE MOVING. Moving of houses prohibited except by licensed house-mover; License, Bond....................362 Application filed for license; Fee .............363 Permit to move building; Value of building; Assent of resident owners ........................364 When using street, to display red light at night; . . Condition of streets........................365 Penalty.........................................366 HOUSES OF ILL FAME; Penalty.........................460 “HOUSE NUMBERS,” see “STREET NAMES.” HORSES RUNNING AT LARGE, see FAST DRIVING HORSES. ICE. License; Application, its contents; Application., to be verified; Ice for domestic use defined; Bond; License, and license fee .................367 Ice from specified localities not to be sold for domestic use ................................368 Inspection of places, vehicles and ice......369 Trustees shall make rules for storing, delivery and inspection............................. 370 Permit for sale or delivery of impure ice; Printed notice of such sale or delivery to be furnished.. .371 Milk inspector to inspect ice; Provisions of chapter on “Milk” to apply to ice.................372 Sold by avoirdupoise weight; weighing apparatus sealed by town sealer.....................373 Wagons to bear numbers and date of license..374 Penalty.....................................375 IMPROVEMENTS, Plans, maps, profiles, etc.........43 IMPROVEMENT BONDS, see “SPECIAL ASSESSMENT PARTMENT.” INDECENT BEHAVIOR, Penalty .....................462 INJUNCTION BONDS, Autlioritj of President to sign. 2 INTELLIGENCE OFFICES. Keeper of intelligence office defined ......376 License.....................................377 Page 305 186 186 187 187 187 220 OF 188 190 190 191 191 192 192 192 192 47 1 )E- 22 L 193 193INDEX. xiii Paragraph Page What license shall contain ..................378 193 License Fee...................................379 393 Penalty.......................................380 193 Fraudulently obtaining fees; Penalty ........381 194 INTEREST ON PUBLIC FUNDS. Accounted for_______ 2 ' 27 INTERMENT OF DEAD BODIES, see BIRTHS AND DEATHS. INTOXICATED PERSONS .............................487 227 JUNK DEALERS. .... License required; Penalty......................382 Board of trustees to grant license.............383 License fee....................................384 Bond required..................................885 Articles prohibited from purchase or sale; Must not conduct pawn shop.........................386 Record of purchases............................387 Record book open for inspection by Trustees and police........................................388. Penalty .......................................389 Hand carts for junk prohibited; License for junk cart .........................................390 Licensed dealer may use carts; Name, address and license number painted on cart................391 Removal of dealer; Change in license and printing on cart.......................................392 Purchase from Minors; Penalty .................393 Night business prohibited; Penalty ............394 Expiration of license .........................395 Exhibiting to Trustees or Police lost or stolen goods; Penalty................................396 Captain of police to be inspector of junk shops. .. .397 Penalty ..................................398 JURIES.............................................180 . KITE FLYING IN STREETS ..................449 LAW OF THE ROAD ...................................470 LICENSES. License granted by Board of Trustees............399 License issued by Clerk upon payment of fees....400 Licenses subject to present and future regulations of Board of Trustees; Violation; Revocation...401 License not assignable .........................402 195 195 196 196 196 396 396 397 197 397 397 397 398 398 198 198 198 138 218 223 199 199 199 199XIV INDEX. Paragraph Page Duration and expiration of license...............403 200 President to hear and grant applications for license.404 200 Clerk to receive fees ...........................405 200 Revocation of license by President...............406 200 Fees for fractional parts of year................407 200 No person beginning business before obtaining license shall have benefit of Section 9............408 201 LIGHTS, DANGER, AT NIGHT, NEAR EXCAVATIONS OR OBSTRUCTIONS ON BOULEVARDS, see “BOULEVARDS” AND “STREETS.” LIQUIDS IN STREETS. Depositing of; Penalty........480 LOUNGERS. Penalty ..............................470 MEDICINES. Advertising of; Penalty .............478 MEETINGS, Of the Board of Trustees, regular and special ................................................12 MILLS, see BUILDINGS. MILK. Milk and Ice Inspector; Bond....................409 Under supervision of Health Commissioner........410 Record of tests filed with Health Commissioner’s annual report ................................411 Metal star worn by Inspector; Uniform; Aid of Police; Power to arrest.......................412 Police to assist in collection of samples; Right of entry; Taking samples ........................413 Record of Inspector; List all dealers, etc......414 Right of entry and taking of samples; Violation of this chapter; Penalty ...................... 415 Analysis of samples presented ..................416 Health Commissioner to visit all places where milk is stored and examine all receptacles; Violations; Penalty ......................................417 All milk receptacles to be kept in clean places; Penalty.......................................418 License; Fees; Violations; Penalty .............419 Applications for license; What shall be stated in applications .................................420 Milk wagons labeled; penalty ...................421 Skimmed milk; tagged; penalty ................422 Adulterating milk; feeding cows on refuse; penalty .423 225 223 225 33 202 203 203 203 203 204 205 206 206 206 207 208 208 209 209INDEX. XV Paragraph Page Adulteration or dilution; penalty ...............424 210 Sellers of adulterated or diluted milk; penalty. .. .425 210 Taking milk from cows near parturition; Penalty. .426 210 Amount of solids required in milk; offenders; penalty .......................................427 211 Solids required in cream; adulteration; penalty.. .428 211 Condensed milk; purity required; violation; i>en- alty...........................................429 211 Revocation of license ...........................430 212 Buttermilk; purity; violation; penalty ..........431 212 Town officers aiding violation of chapter; penalty.432 212 Confiscation of diseased or impure milk .... ....433 213 Owner to destroy milk from diseased cow; penalty; incurable animal destroyed...................434 213 This chapter applicable to hotel keepers, etc....435 213 Cow stables cleaned weekly; penalty .............436 213 Frequent removal of refuse from premises.........437 214 No person to have refuse or slops on premises to feed cows; penalty.............................438 214 Payment of moneys to Town Treasurer..............439 211 MINUTES, Dispensed with ............................. 12 34 MISDEMEANORS. Definition of assault ...........................440 216 Assault and battery; penalty ....................441 216 Burglar tools; penalty...........................442 216 Concealed weapons; penalty ......................413 216 Obstructing streets and sidewalks; penalty.......444 216 Defacing property; penalty ......................445 217 Depositing rubbish in streets, etc.; penalty.....446 217 Obstructing flow of water in streets, sewers, etc.; penalty ..................................... 447 217 Injuring public property; penalty ...............448 217 Flying kite in streets; penalty .................449 218 Throwing stones in streets; penalty .............450 21S Posting bills....................................451 218 Railing, stairs or guards with spikes or nails prohibited; penalty ................................452 218 Orange peel, etc.; penalty ......................453 218 Loungers; penalty ...............................454 219 Removing sod or earth from public or private grounds; penalty ................................455 219XVI INDEX. Paragraph Vagrants; gambling, etc.; penalty..................450 Indecent exhibit of male animal; penalty ..........457 Obscene medical books; penalty ....................458 Obscene literature; penalty .......................459 blouses of ill fame; penalty.......................460 Disorderly houses; penalty ........................461 Indecent exposure, penalty ........................462 Houses of ill-fame declared nuisances..............463 Inmates of houses of ill-fame .....................464 Obscene books, pictures, plays; penalty............465 Cruelty to animals; penalty........................466 Drugs fraudulently prepared or administered; penalty ..............................................467 Poisons; how prescribed, prepared and labeled; penalty .........................................468 Scaffolds; when nuisances; penalty ................469 Law of the road; penalty...........................470 Diseased or deformed persons; penalty .............471 Indecent behavior; threatening language; penalty...472 Disturbing religious worship; penalty..............473 Disturbing assemblage; penalty .........;..........474 Disturbing funerals; penalty . 475 Killing or injuring birds; penalty; Englishh sparrow bounty act.......................................476 Boarding or alighting from cars, etc., in motion; penalty .........................................477 Advertising of medicines, etc., prohibited; penalty. .478 Dangerous animals running at large: penalty . .. .479 Depositing liquids in public streets; penalty......480 Opium resorts; penalty.............................481 Dyeing or scouring of clothes prohibited in streets; penalty..........................................482 Itinerant musicians, circuses, etc.; penalty ......483 Fruit stands, license; consent ....................484 Breach of the peace; mobs; penalty.................485 Driving sleighs without bells; penalty.............486 Intoxicated persons; beggars; prosecution; penalty..4S7 MOBS. Penalty .........................................485 Page 219 219 220 220 225 221 221 221 221 221 222 222 222 222 223 223 223 224 224 224 224 224 225 225 225 225 225 225 226 226 227 227 226INDEX. XVII Paragraph Rage MOVING BUILDINGS ON BOULEVARDS, see “BOULEVARDS.” MOVING BUILDINGS, PERMITS, see “FIRE LIMITS.” MUSICIANS ITINERANT ..........................483 225 NAME SIGNS TO STREETS, Injury of..............666 298 See also “Street Lamps.” NAMES OF STREETS, At Street corners...........652 293 NUISANCE, When building deemed a nuisance . .. .645 291 NUISANCES, Nuisances defined. First. Offensive odors. Second. Offensive substances on streets. Third. Night soil deposited in the Town. Fourth. Business endangering health. Fifth. Cess pool nearer than 25 feet to well or cistern. Sixth. Dog fights; indecent exposure of animals. Seventh. Maintaining dangerous building. Eighth. Unlicensed dram shop or resort. Ninth. Smoke from chimneys, etc. Tenth. Unsound or decayed animal matter on premises more than 24 hours in winter; 48 hours in summer. Eleventh. Offensive vault, cellar, drain, etc. Twelfth. Cesspool, sink, etc., improperly connected with drain or sewer. Thirteenth. Vehicles in street or alley... . .488 228 Slaughter houses; rendering and fertilizing establishments .................................489 231 Licenses revoked...........................490 231 Powers of Board of Trustees ...............491 232 Privies and closets; how regulated ........492 232 Health officers ...........................493 233 Penalty....................................494 233 Persons defined............................495 234 OBSCENE LITERATURE ............................459 220 OBSTRUCTING STREETS AND SIDEWALKS.............444 216 OBSTRUCTING BOULEVARDS ........................255 143 OPIUM RESORTS .................................481 225 ORDER OF BUSINESS AND RULES ................... 12 33 ORDINANCES. To be recorded by clerk .................... 4 29xviii INDEX. Paragraph Page Publication.................................... 4 29 Approval of President........................... 4 29 As evidence.................................... 4 29 Yes and nays taken upon their passage ......... 12 34 Preparation of for improvements ............... 43 47 Recording ordinances; originals filed; proof of publication .....................................496 235 Elect under which ordinance to prosecute ......497 235 Maximum penalty ...............................498 235 Effect of repealing ordinances ................499 236 Singular and plural words construed; gender...500 236 General penalty clause.........................501 236 Repealed ordinances operative until repealing ordinance is fully in force.......................502 236 When ordinances take effect....................503 237 What and how ordinance® shall be published.....504 237 Acting President ..............................505 237 President’s approval; veto; failure to approve....506 237 Passage over President’s veto. .. .............507 238 PAVEMENTS, see COMMISSIONER OF PUBLIC WORKS. PEDDLERS AND ITINERANT MERCHANTS........................... Definition ....................................513 241 License required; Penalty......................514 241 Application for License; Order of Board of Trustees; Fee; Contents of Application; License to contain what; Revocation; Expiration.........515 241 Scale of fees; Metallic badge with license number. .516 242 Fraud; Penalty ................................517 243 Scales to be sealed............................170 111 PENALTY—Maximum for violation of ordinance........184 119 PIPES. Laying of, without permit......................654 293 PLATS. Streets opened must be graded; bond ...........508 239 Board to give instructions ....................509 239 Certificate of Engineer; approval of Board.....510 239 To be acknowledged by owner; recording.........511 240 Clerk to certify and record ...................512 240 PLEASURE DRIVING, see “BOULEVARDS.”INDEX. XIX Paragraph Page PLUMBERS, PLUMBING AND DRAINAGE. License required; Fee; Licensee’s age and skill; Application posted; Revocation of license; penalty..518 Petition of applicant; Contents; Bond..............519 Change of name or location; License displayed .. .520 License to partners ...............................521 Responsible for agents; Term; Expiration .........522 What applications for permits shall contain.......528 Tapping street mains regulated ....................524 Excavations in streets, etc.; How made............525 Kind of lead pipe to be used; Diameter ...........526 Service pipes, how laid; Joints....................527 Stop and waste cocks, how placed..................528 Stop cocks, how connected with water service pipes........................................... 529 Two or more buildings supplied by single tap in street main......................................530 Service cock covered...............................531 Steam boilers to be provided with tanks; Direct connection prohibited............................532 Permit required for all alterations, etc...........533 Correction of permit; Turning on water supply without permit.................................. 534 Inspection and test of plumbing work ..............535 Permits returned after completion of work .........536 Forfeiture of license for violation of this chapter.. 537 Violation of this chapter; Penalty ................538 Fees for permits ................................. 539 Notice to commissioner; Plumbing uncovered until inspected........................................540 Plumbers to receive certificate of instruction....541 “Open” system required ............................542 Soil or waste pipes; How connected; house drains; Iron waste pipes; Traps; Pan closets; Lead pipe connections .....................................543 Iron pipes, quality prescribed; Tar coated ........544 Peppermint test; Pipe connections; How made . .. .545 Separate traps; Metallic strainers ................546 Siphon age; Ventilation; Overflow pipes ...........547 Refrigerator drain pipes; Ventilated; Sediment pipes from kitchen boilers .................548 245 246 246 247 247 247 247 247 248 248 248 248 249 249 249 250 250 250 251 251 251 251 251 252 252 252 253 254 254 255 255XX INDEX. Paragiaph Water closets in ventilated room; In tenement houses; In yard ...............................549 Rain water leaders ..............................550 Violation; Penalty ..............................551 Adequate water closet accommodations required. .552 Adequate sewer connections with water closets.. .553 All sewer connections, etc., must be adequate....554 Adequate service for carrying* away animal refuse and slops; Penalty ............................555 Erection of vault, privy, etc.; Depositing gas works refuse etc. into public waters ..............556 Opening paved streets through frozen ground; permit ...................................*....557 Change from specifications in permit; Notice.....558 Deposit required for permit to open improved street . .. *..................................559 Obstructing access to stop cock; Penalty.........560 Right of entry...................................561 Forfeiture of plumber’s license .................562 General penalty clause ..........................563 See also “COMMISSIONER OF PUBLIC WORKS.” POISONS, How prepared, labeled, etc.; penalty.....468 POLES, Erection and location of................... 43 POLICE DEPARTMENT. See also “TOWTN OFFICERS.” How constituted ............................... 53 How appointed ..................................54 Captain to have management and control; Police Districts; Assignment to Duty; Captain to issue all orders; to wear appropriate Uniform; Captain has power to suspend; not entitled to pay while suspended; Captain to keep record of arrests; Captain to keep general rècord; Captain to report to the Board of Trustees at every Regular Meeting ......................................55 Duties of; power to arrest; when arrest is made on Sunday; when arrest is made at night; when Prisoner is violent; when Prisoner may be searched; power to serve warrants .......... 56 Absence from duty without leave; not to receive Presents......................................57 Police to report to Captain; Police to deliver all Page 256 256 257 257 258 258 258 258 259 259 259 259 259 260 260 222 47 53 54 54 55 56INDEX. xxi Paragraph Page Propertj^ seized or found; Captain to keep record of Property found or seized; Badge............ 58 57 Injured in discharge of duty.................... 59 57 Oath of office ................................. 60 57 Resisting or interfering with Officer; Penalty . 61 58 When Citizens to aid Officer; Penalty........... 62 58 Power to enter House or Building ............... 63 58 Neglect or refusal to perform Duty; Penalty .... 64 58 Justice of Peace; Police Magistrate; Duties and Powers ..................................... 65 59 Breaking open Jail or Calaboose; Penalty........ 66 59 Impersonating an Officer; Penalty .............. 67 59 Special Policemen; Watchmen .................... 68 59 Members of the Board of Trustees; Officers ..... 69 60 Salaried Firemen; Special Policemen ............ 70 60 Unauthorized display of star, etc............... 71 60 Penalty ........................................ 72 61 Removal of obstructions in streets..............640 290 POLICE MAGISTRATE. Monthly report of fines; What fines to be paid to the Town......................................564 261 Salary..........................................565 261 POOD TABLES, see “BILLIARDS.” POSTERS, see “BILL POSTING.” POSTING BILLS.......................................451 218 POST OFFICE BOXES, defacing, etc....................663 297 POUNDS and POUNDMASTERS. Duties of Poundmaster ..........................138 102 Bond............................................139 102 See also “ANIMALS” and “TOWN OFFICERS.” PRESIDENT. Powers and duties ............................... 1 27 To sign papers relating to suits................. 2 27 Ex-Officio member of all committees........... 12 35 PRISON. Imprisonment in Chicago House of Correction. . .566 262 Prisoners to work out their fines...............567 262 PRIVIES and CLOSETS, regulated......................492 232 PROPERTY; Defacing or mutilating....................445 217XXII INDEX. Paragraph Page PUBLIC BUILDINGS, see “COMMISSIONERS of PUBLIC WORKS.” PUBLIC WORKS, protected by railings and lights____661 296 PURCHASING AGENT, see “COMMISSIONER OF PUBLIC WORKS.” * RAILINGS, Stairs or Guards with spikes or nails prohibited............................................452 218 RAILWAY COMPANIES. To construct ditches ..........................618 280 Plans of ditches prepared by Commissioner of Public Works......................................619 280 Copies of plans to be served on Ry. Co.........620 280 Form of notice required for ditches............621 281 RAILROADS. Repairs........................................568 263 Sewers, drains, etc............................569 263 Penalty for violation of Sections 1 and 2......570 264 Obstructing streets, etc.......................571 264 Obstructing access to passenger trains stopping at depots.......................................572 264 Duties of railroads and their agents as to crossings ..........................................573 265 Loading cars; Fences, etc......................574 265 Empty cars on crossings; Penalty...............575 266 Injuring walks, etc.; Penalty..................576 266 Railroads on streets prohibited................577 266 Street railroads not included in Section 10....578 267 Grades of streets established..................579 267 Railroads prohibited from changing grade at crossing.......................................... .580 267 Penalty for violation of Sections 12 and 13....581 267 Police to arrest on view ......................582 268 Flagmen at crossings ..........................583 268 Town Clerk to serve resolutions................584 268 Penalty for violations of Sections 16 and 17...585 268 REBATE DOCKET, see “SPECIAL ASSESSMENT DEPT.” RECORDS of the Town subject to inspection..........150 106 REFUSE from factories, shops, etc.; Removal of.....636 288INDEX. XX111 Paragraph Page REPEAL of ORDINANCE. Affecting previous violations ................185 120 Affecting previous violations ................499 236 Affecting previous violations ................502 236 All prior or inconsistent ordinances repealed.686 307 Prior rights or prosecutions not affected by repeal.687 307 REPORTS, required of Town Officers................150 106 RESOLUTIONS to be in writing, when................ 12 35 ROBERTS Rules of Order ........................... 12 34 RUBBISH in streets; Depositing of................ 446 217 RULES..............................................12 33 SALOONS, see “DRAM SHOPS.” SANITARY REGULATIONS, see “COMMISSIONER PUBLIC WORKS.” .......... SCAFFOLDS, when nuisances; Penalty..................469 222 SCAVENGERS. Night scavenger defined; License................586 270 Work limited to licensed scavengers; Penalty...587 270 Application for license; Consent of owner of dumping grounds; Fee; Bond .........................588 270 Method of work prescribed.......................589 271 How material conveyed ..........................590 271 Display of name and license number on wagon and lamps.........................................591 271 Hours of work prescribed; Penalty...............592 271 Maximum fee prescribed..........................593 272 Notification by Town Superintendent; Compliance; Penalty.................................... 594 272 Upon owner’# failure to clean vault; Officers shall do so at owner’s expense......................595 272 Violation; Penalty..............................596 272 SEAL, to be kept by the Clerk........................ 3 28 SEALER, see “WEIGHERS, etc.” SEWERS AND DRAINS. Atlas of sewers and house connections........... 43 48 License required; Fee; Age and qualifications of applicants .......................................597 274 Petition; Contents thereof .....................598 275 Bond and its conditions.........................599 275XXIV INDEX. Paragra f h Dissolution of partnership terminates license.....600 License displayed.................................601 Firm name used; License not transferable..........602 Licensed sewer builders responsible for their agents........................................603 Term of license and expiration..................604 Form of license ................................605 Revocation of license, how caused...............606 Disturbing house-drain or other sewer connection Laying or altering drain catch basin or other sewer connection without permit.....................611 Permit required to build drain or sewer or make connections therewith.........................607 Forfeiture of license how caused ...............609 Uncovering or excavating near sewers without permit; Penalty....................................610 Private catch basins ...........................608 Damaging or clogging sewer or drain, etc........614 Injuring bank of open ditch or drain or obstructing same without permit ..........................615 Animals not permitted to stray into ditches.....616 Violation; Penalty..............................617 Railway companies to construct ditches..........618 Commissioner of Public Works to prepare plans; Approval by trustees..........................619 Serving copy of plans, etc., on railway company. . .620 Form of notice required in Section 24...........621 Penalty.........................................622 SEWER and WATER PIPES, to precede pavements. .655 Page 277 277 277 277 277 277 277 279 277 278 278 278 279 279 280 280 280 280 280 281 281 294 SIDEWALKS. Grades; Ignoring Grades; Penalty ......*.....623 282 Repair of sidewalks; Refusal to comply with order of Board; Penalty ..........5Fommissione Dlii etaoin Steps, railings, platforms; Penalty..........625 283 Cross-walks; Penalty.........................626 283 Buildings, fences, etc.; Removing obstructions; Resisting orders of Board; Penalty.............627 283 Injring sidewalks; Penalty ..................628 684 Injury of sidewalks, see “HIGHWAYS.” Ordinances, etc., for Lines and grades .. 3 *43 28 47INDEX. XXV Paragraph Page SIGNS, AWNINGS. Signs projecting more than three feet........629 285 Projecting signs; Penalty ...................630 285 Removal of signs in violation hereof; Refusal; Penalty...............................'........631 285 Encumbering sidewalks with goods; Barbers’ poles......................................632 286 Signs or bills; Consent of building oAvner; Permit; Penalty....................................633 286 General penalty ........................... 634 287 Duty of Police and President to enforce this chapter .........................................635 287 SLAUGHTER HOUSES, when a nuisance......489 231 SLEIGHS, driving of without bells, see “MISDEMEANORS.” .... SMALL POX, see “Health Department.” SMOKE, Cinders, Ashes, Refuse, etc..................636 288 SOD, removing of....................................455 219 SONG BIRDS, KILLING of, see “GAME BIRDS.” SPECIAL ASSESSMENT DEPARTMENT. Superintendent of Special Assessment..........114 Superintendent’s Duties ......................115 Records of the Department; Assessment and Condemnation Proceedings .........................116 To verify estimates ..........................117 Preparation and Verification of Copies of Special Assessment Roll .............................118 Office hours to be regulated by the Board.....119 Further Duties prescribed by Trustees.........120 Rebating balances in Special Assessment funds; Notice; Publication .........................121 Rebate Docket; Superintendent’s Certificate; Town Clerk’s Warrants ............................122 Town Clerk to record rebate Warrants; Report to Board........................................123 Annual Report ................................124 Sec. 54, Art. IX, of Special Assessment Act adopted......................................125 Improvement Bonds to anticipate deferred installments..........................................126 93 93 94 94 94 94 94 94 95 95 95 96 96XXVI INDEX. Paragraph Interest on Bonds; Not issued until work completed; Form of Bond ................................127 Sale of Bonds; Payment to Contractors..........128 Bonds issued in accordance with Act of 1893....129 SPECIAL ASSESSMENTS. Balance statements by Supervisor................22 Interest funds kept separately ................ 22 Warrants to be executed by Collector........... 26 Report of Delinquent list to County Collector. 30 Interest collected annually on deferred installments 31 Rolls checked and audited by Trustees.......... 32 Appointment of Superintendent..................140 SPEED OF HORSES, see “FAST DRIVING.” STEPS, doors, railings, etc., encroaching on walks. .. . .625 STONE throwing in street..........................450 “STREETS” and other words, construction of, see. .. .675 STREiETS. Streets and alleys to be kept free from obstruction. 637 Injuring streets or pavements; Permit............638 Violation; Penalty ................................639 Police to remove obstructions; Penalty...........640 Articles removed sold to pay expenses of removal. . 641 No vehicle allowed to remain in street; Time limit; Penalty.................................:.......642 No building to be erected in street; Penalty......643 Owner to remove building upon notice; Penalty. .. .644 When building deemed nuisance; Damages; Penalty .........................................645 Building material in street or alley; Penalty......646 Stone, ice, mortar, shavings, etc., conveyed in tight boxes; Penalty ..................................647 Violation of Section 11; Penalty...................648 Scattering manure, sand, etc., on street; Penalty. .649 Danger lights placed upon obstructions at night. . .650 Buildings occupying streets longer than permitted; Penalty....................................... 651 Street names to be displayed at corners............652 Street stands for animals prohibited...............653 Laying pipes in streets without order of Board. .. .654 Sewers and water pipe must precede pavements. .655 Page 96 98 98 40 40 42 43 43 43 103 283 218 302 289 289 290 290 290 291 291 291 291 292 292 292 293 293 293 293 293 293 294INDEX. xxvii Paragraph Page Excavations protected by railings; Lights at night; Penalty.....................................656 294 Section 20 applies to private builders and Town officers.....................................657 294 Construction of railings prescribed..........658 295 Violators of foregoing sections answerable in damages .........................................659 295 Department officers to require enforcement of foregoing sections................................660 295 Public work of Town protected by railings and lights.......................................661 296 STREETS, see “SUPERINTENDENT OF STREETS.” Lines and grades of........................... 43 47 Scattering shavings or other combustibles thereon. 00 66 Driving cattle thereon, see “HIGHWAYS.” ' STREET LAMPS. Erecting lamp posts and street names in street s. . . 662 297 Post office boxes attached to street lamp posts; be- facing; Penalty..............................663 297 Interfering with street lamps; Penalty.........664 297 Injury to public lamps; Penalty.............. 665 297 Injury to street name signs; Penalty...........666 298 Public lamp posts disturbed; Penalty...........667 298 Private lamp posts in street; Permit to remove; Penalty......................................668 298 Injury to lamps and posts; Obstructing same; Penalty......................................609 298 STREET LIGHTING. Department created ............................130 100 Superintendent of Street Lighting; Commissioner of Public Works to act.......................131 100 Superintendent Appointed ......................132 10o Superintendent’s Duties .......................133 100 Employes and Assistants........................131 100 Annual Report; Other Reports...................135 101 Superintendent’s Entire Time Required..........136 101 Other Duties Required by Trustees..............137 101 See “COMMISSIONER OF PUBLIC WORKS.” STREET NAMES AND HOUSE NUMBERS. Naming streets ................................670 299 Numerical house numbering system adopted. .. ... .671 299XXV111 INDEX. Paragraph House numbering plats ............................672 Ton n Clerk to post notices of tiling of maps required by Sec. 3; Publication; Size of numbers.672» After three months, numbering let to lotvest bid- der; Fees ........................................674 “Streets” and other words construed.................615 STREET NAME SIGNS, injury to; Penalty..............666 STREET RAILWAYS. Obstructing tracks after signal given.......676 Violations; Penalty ........................677 SUPERINTENDENT OF STREETS. Duties.......................................48 Regulation of Streets; Repairing; Superintendence. 49 Repairs of Sewers and Drains, Basins, Culverts, etc........................................50 Daily Reports .............................. 51 Vested with Powers of Policeman..,.......... 52 SUPERVISOR Duties; Separate Accounts; Books balanced monthly.......................................17 Warrants drawn upon particular Funds; Transfer of Funds .................................... 18 Warrants signed and countersigned and Treasurer’s Stub received................................ 19 Monthly Accounts .............................. 20 General Fund Balance Statements.................21 Special Assessment Balance Statements; Separate Accounts..................................... 22 No interest on Bonds after Publication and Notice. 23 Compensation; Paid upon Warrants............... 24 Interest oil Public Funds...................... 25 Payments from Collector........................ 27 SURETY, judgments against................178 SURVEYS, made and entered in plat books.. 43 TAN LEVY ORDINANCE....................... 6 TOWN OFFICERS. List of appointive officers, suspension; removal. .. .140 Other appointments .............................141 Term of appointive officers.....................142 Oath of office . ...............................143 Page 300 301 301 302 298 303 303 51 51 51 52 52 39 39 40 40 40 40 40 41 41 42 118 47 31 103 103 104 104INDEX. Xxix Paragraph Page Bonds............................................144 104 Time for filing- bonds...........................145 105 Salaries to be fixed by Board; salaries to be paid monthly........................................140 105 Fees................#...........................147 105 Officer to deliver records to successor..........148 105 Board to prescribe further duties................149 106 Records to be open to inspection of Town Board; reports ..........................................150 100 TREASURER, see “SUPERVISOR.” TREES. Trees trimmed; obstructing light of street lamps.. .67S 304 Branches of trees on private property trimmed; Obstructing lights .........................679 304 Superintendent of Streets to require enforcement of this ordinance;. Violators; Penalty.........080 304 Other than abutting property owners cutting trees in street; Permit; Penalty..................081 305 Hitching horse to trees; Other injury; Penalty. .. .082 305 Surrounding trees with protecting frames; Town Supervision.................................683 305 Where trees may be planted....................084 305 TRIALS, see “ACTIONS, ARRESTS, etc.” TRUSTEES. To have free access to books, etc.............. 9 32 To incur no obligation over $50............... 10 33 VACCINATION, see “HEALTH DEPARTMENT.” VAGRANTS; Penalty see MISDEAMEANORS. VEHICLE. Not allowed to remain in street; Time limit; pen- alty.........................................642 291 See also “Nuisances”...........................488 228 Police to abate.........*......................640 290 Street obstructed by...........................642 291 WARRANTS. Preparation and issuance by Clerk............... 5 29 Stubs......................................... 5 29 Form of........................................174 116 Service of, by Police.......................... 56 55 Drawn upon uncollected taxes.................685 306XXX INDEX. Paragraph Page WATCHMAN, see “POLICE DEPARTMENT.” WATER in Streets and Sewers, obstructing flow of. ..447 217 WATER PIPES, see COMMISSIONER OF PUBLIC WORKS.” ............................. WATER WORKS DEPARTMENT. Superintendent of Waterworks; Commissioner of Public Works to control................. 93 68 Minimum Assessments; Frontage; Rates; Meter not less than frontage rates; Stories defined; Flats; Vacant lots ............................ 94 68 Class I. Private dwelling rates; Family in of twelve .............................. 94 70 Bathing tubs in private dwellings; Water closets; Privy vaults; Urinals; Wash hand-basins; Steam heating; Hose, hours prescribed; Outbuildings; Sleeping rboms only. 94 70 Class II. Boarding house rates, more than twelve persons .......................... 94 71 Class HI. Hotel and Tavern rates........... 94 72 Class IV. Block or office building rates. 94 72 Class V. Stores and Business Premises rates. 94 73 Class VI. Saloon rates; Drinking; Ice Cream; Restaurants; Eating houses; Club rooms, etc. ; Billiard rooms, etc. ; Soda fountains... 94 74 Cl ass VII. Stable rates; Livery stables; Club stables; Car and Omnibus stables; Private stables; Cow stables..................... 94 75 Class VIII. Public baths; Truck stables; Barber shops.................................. 94 76 Class IX. Fountain rates .................. 94 77 Class X. Miscellaneous..................... 94 77 Class XI. Meter measurements............... 94 79 Class XII. Manufactory rates............... 94 80 Class XIII. Fire protection................ 94 80 Class XIV. Churches...................... 94 81 Polluting water in well or pipes; Penalty...........95 81 Public Hydrants; Injury thereto; Penalty........ 96 81 Injury or Polution; Penalty....................... 97 82 Rules for water takers............................ 98 82 Rule 1. Repairs; Frost; Claims.................... 98 82INDEX. XX Xi Paiagraph Page Rule 2. Hydrants used for fire purposes only; Faucets......................................... 98 82 Rule 3. Town officers to have access to buildings. . 98 82 Rule 4. Payment of water rates.................... 98 82 Rule 5. Improvements requiring the use of water; Permits......................................... 98 82 Rule 6. Right to cut off water supply............. 98 83 Diameter of tap .................................. 99 82 Street excavations; how made......................100 83 Size and quality of lead pipe required............101 83 Depth of service pipes............................102 84. Wiped joints .....................................102 84 Stop and waste cocks..............................103 m Stop cocks; How connected and protected...........104 84 More than one building supplied by single tap....105 84 Service cock; How laid and how protected..........100 83 Frozen ground, laying pipes in....................100 85 Turning on water supply without permit; Penalty. 107 85 Obstructing access to stock-cock; Penalty.........108 85 Violation of rules and regulations; Penalty.......109 85 WEIGHERS; WEIGHTS AND MEASURES; TOWN SEALER. Town AVeigliers ..................................151 107 Bond..............................................152 107 Scales.......................................... .153 107 Scales adjusted and sealed; Duties of weighers. .. .154 108 Deputies..........................................155 108 Hours of attendance at scales.....................150 108 Fees; Record of weights; Certificate............157 108 Record book; Contents of certificate..............158 108 Vehicle must be weighed after each load...........159 108 Altering certificate..............................100 109 President may examine records.....................101 109 Weights and measures regulated....................102 109 Standards procured; Testing.......................103 109 Town Sealer of Weights and Measures; Commissioner of Public Works to act.....................104 109 * Duties of Sealer ................................105 109 All scales in the Town examined and sealed; Refusal to exhibit scales, etc......................100 110 Altering scales or weights........................107 110XXXÜ INDEX. Paragraph Page Fees...........................................168 110 Office hours; Keep register; Report to Trustees.169 1111 Peddlers’ scales ..............................170 111 Penalty........................................171 1H WITNESSES...........................................180 118 WRITS. Service by Police.............................. 56 55 How served.....................................176 118 YEAS and NAYS required only, when....................12 34president’s powers and duties. APPENDIX A. EXTRACTS FROM THE LAWS OF THE STATE OF ILLINOIS RELATIVE TO THE POWERS AND DUTIES OF THE PRESIDENT OF INCORPORATED TOWNS. An Act concerning Villages and incorporated Towns. (Approved June 9, 1887, in force July 1, 1887, Laws of 1887, page 116; Hurd’s 1895 Revision, p. 293.) Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That in addition to the trustees and officers required by law, a President of each and every village and incorporated town shall hereafter be elected annually by the voters of such village or town at the regular election of such village or town commencing with the election of such village or town held in the year A. D. 1888, and such President of any village or incorporated town shall hold his office for the term of one year and until his successor is elected and qualified. The President of any village or incorporated town shall be President, of the Board of Trustees thereof, and shall preside at all meetings of said Board and shall have the same powers and perform the same duties as are or may be given by law to the President of Boards of Trustees in villages, but he shall not vote except in case of a tie, when he shall give the casting vote. Following is the section of the act giving the powers and duties to the President of Boards of Trustees in Villages: An Act concerning the organization of Villages, being Article 11 of Chapter 24. (Hurd’s 1895 Revision, p. 292.) Section 9. The President of the Board of Trustees shall perform the duties and exercise the powers conferred upon the mayor9 APPENDIX A. of a city, and shall receive as compensation therefor a salary to be fixed by the Board of Trustees, which salary shall in no case exceed two thousand dollars ($2,000) per annum; and the trustees shall perform the duties and exercise ail the powers conferred upon aldermen in cities; and the President and Board of Trustees may exercise the same powers conferred upon the mayor and City Council in cities and pass ordinances in like manner. The President of the Board of Trustees may exercise the same veto powers and with like effect as the mayor of a city, and the Board of Trustees may pass ordinances over such veto in like manner as a City Council. (As amended by act approved and in force May 22, 1889; Laws of 1889, page 84; Legal News Edition, p. 57.) Following is that parti of the Cities and Village Act prescribing the powers and duties of the mayor of a city: Article Two of an act providing for the incorporation of Cities and Villages, prescribing the powers and duties of a mayor of a city. (Hurd’s ’95 Ed., p. 259.) Section 1. The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits and hold his office for two years, and until his successor is elected and qualified. Section 2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. Section 3. If the vacancy is less than one year, the City Council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified. Section 4. During a temporary absence or disability of the mayor, the City Council shall elect one of its number to act as mayor pro tern., who during such absence or disability, shall possess the powers of mayor.president’s powers and duties. 3 Section 5. If the mayor at any time during the term of his office shall remove from the lim-ts of the city, his office »hall thereby become vacant. Section 6. The mayor shall preside at all meetings of the City Council, but shall not vote except in case of a tie, when he shall give the casting vote. Section 7. The mayor shall have power to remove any officer appointed by him, on any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the Council at a meeting to be held not less than five days nor more than ten days after such removal; and if the Mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the Council by a two-thirds (2-3) vote of all its members authorized by law to be elected, by yeas and nays, to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed; but he shall give new bonds and take a new oath of office. No officer shall be removed a second time for the same offense. (As amended by act approved May 31, 1879. In force July 1, 1879, L. 1879, p. 66; Legal News Ed., p. 62.) Section 8. He may exercise, within the city limits, the powers conferred upon sheriffs, to suppress disorder and keep the peace. (Sec Sec. 83; also Sheriffs, Ch. 125, p. 17; Criminal Code, Ch. 38, §340.) (Section 17 of the Sheriff’s Act is as follows: “Section 17. Each sheriff shall be conservator of the peace in his county and shall keep the same, suppress riots, routs, affrays, fighting, breaches of the peace and prevent crime; and may arrest offenders on view, and cause them to be brought before proper magistrates for trial or examination.” Section two of division six of the Criminal Code is as follows (Hurd’s ’95 Ed., p. 571):4 APPENDIX A. “Section 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman or other officer of any incorporated city, town or village, having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his presence, forthwith to apprehend the offender, and bring him before some justice of the peace to be dealt with according to law, to suppress all riots, and unlawful assemblies, andrto keep the peace, and without delay to serve and execute all warrants, writs, precepts and other process to him lawfully directed.”) Section 9. He may release any person imprisoned for violation of any city ordinance, and shall report such release, with the cause thereof, to the Council at its first session thereafter. Section 10. He shall perform all such duties as are or may be prescribed by law or by the City ordinances and shall take care that the laws and ordinances are faithfully executed. Section ii. He shall have power at all times to examine and inspect the books, records and papers of any agent, employe or officer of the city. Section 12. The mayor shall, annually, and from time to time, give the Council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. Section 13. Pie shall have power, when necessary, to call upon every male inhabitant of the city over the age of 18 years, to aid in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the Governor as commander-in-chief of the militia. Section 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, malconduct, or misfeasance in the discharge of the duties of his office he shall be liable to indictment in any court of competent jurisdiction, and,president’s powers and duties. 5 on conviction, shall be fined in a sum not exceeding $1,000; and the court in which such conviction shall be had shall enter an order removing such officer from office. (See Criminal Code, Ch. 38, Sec. 208-219.) Section 15. He may appoint, by and with the advice and consent of the City Council, immediately after such change of organization, one or more competent persons to prepare and submit to the City Council, for their adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such reviser or revisers to be determined and fixed by the City Council and paid out of the city treasury.6 APPENDIX B. APPENDIX B. SIDEWALKS. An Act to provide additional means for the construction of sidewalks in cities, towns and villages. [Approved April 15, 1875. In force July 1, 1875. Laws 1875, P- 63; Legal News Ed., p. 79; Hurd’s Revision, 1895, P- 31&] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in addition to the mode now authorized by law, any city or incorporated town or village may. by ordinance, provide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or parcels of land touching upon the line wdiere any such sidewalk shall be ordered, and such special taxation may be either by a levy upon any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcels of land touching upon the line of such sidewalk, pro rata upon each of said lots or parcels, according to their respective values—the values to be determined by the last preceding assessment thereof for the purpose of state and county taxation; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by ordinance ordering the laying down of such sidewalk: and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by a special taxSIDEWALKS. 7 as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town or village, raised by general taxation upon the property thereof, and not otherwise appropriated. § 2. Said ordinance shall define the location of such proposed sidewalk with reasonable certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction, and may provide that the materials and construction shall be under the supervision of, and subject to, the approval of some officer or board of officers of such city, town, or village, to be designated in said ordinance. Said ordinance shall be published as required by law for other ordinances of said city, town, or village, and may require all owners of lots or parcels of land touching the line of said proposed sidewalk to construct a sidewalk in front of their respective lots or parcels in accordance with the specifications of said ordinance, within thirty days after such publication, and in default thereof, said materials to be furnished and sidewalk constructed by said city, town, or village, and the cost of such part thereof as may be fixed in said ordinance, may be collected from the respective owners of said lots or parcels of land as hereinafter provided. § 3. In case of the default of any lot owner or owners to construct the sidewalks, as required by ordinance, and the same shall be constructed by the city, town, or village, the cost thereof, or such part of the cost thereof as may have been fixed by said ordinance may be recovered of the owners so in default by an action of debt in the name of the city, town, or village, against such owners respectively, in any court of competent jurisdiction, or upon the completion of the work by such city, town, or village. Such ordinance may provide that a bill of the cost of such sidewalk, showung in separate items the cost of grading, materials, laying down, and supervision, shall be filed in the office of theAPPENDIX B. clerk of such city, town, or village, certified to by the officer or board designated by said ordinance to take charge of the construction of said sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the frontage, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said costs by frontage, superficial area, or assessed value; whereupon said clerk shall proceed to prepare a special tax list against said lots or parcels, and the owners thereof, ascertaining by computation the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the construction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax-list shall be filed in the office of said clerk; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collection of the amount of special tax so ascertained and appearing from said special tax-list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk; and such officer shall proceed to collect such warrants in the same manner as constables are authorized to collect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town, or village, within sixty days from the date of their issue; and in case any such warrant shall be returned, as to the whole or any part thereof, “no property found/’ other warrants may issue, and proceedings by garnishment may be resorted to, as in cases of garnishment in aid of the collection of judgments at law, and all moneys so collected and paid over to said clerk shall be, by him, immediately paid over to the treasurer of said city, town or village. § 4. Upon failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within suchSIDEWALKS. 9 time as such ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell lands for taxes due county or state, of all the lots or parcels of land upon which such special tax shall be so .unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construction of said sidewalk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax, as mentioned in said report, is due and unpaid. § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid to the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collection of taxes, and redemp-10 APPENDIX B. tion from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. § 6. Whenever payment of the costs of any such sidewalk is required to be made in part by special tax, and in part out of any general fund of such city, town, or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance providing for its construction, such owner shall file with the clerk of such city, town, or village, an itemized statement of the cost of such sidewalk so constructed, by him verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the Council of such city, town or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner, an order on the treasurer of such city, town, or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed.INTEREST ON PUBLIC FUNDS. 11 APPENDIX C. PUBLIC OFFICERS TO ACCOUNT FOR INTEREST ON PUBLIC FUNDS. An Act to compel State, county, city, township, school and park treasurers and other custodians of public funds to account for interest on such funds under their control. [Approved June 16, 1893. In force July 1, 1893. L. 1893, p. 136; Legal News Ed., p. 107; Hurd’s 1895 Revision, p. 1070.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the State Treasurer and every county, city, township, school and park treasurer, and every other custodian of public funds, who shall be hereafter elected or appointed and qualified, shall at the end of each fiscal year account for interest on the daily balances of the funds from time to time in his custody, at a rate of not less than two per cent. (2 %) per annum, and as much higher as solvent banks that are reasonably accessible, pay on the daily balances of accounts that are subject to sight draft or check. Three-fourths of such interest shall belong to the public and be added to the fund; and the remaining one-fourth of such interest shall belong to such treasurer or custodian, and may be retained by him as extra compensation for the extra care and responsibility assumed in making the fund bear interest: Provided, that nothing herein contained shall be so construed as to in any way release such treasurer or custodian or his bondsmen from any liability: And, provided, further, that if any such treasurer or custodian shall keep such funds or any part thereof in his personal possession and not in a bank or on deposit for the purpose of receiving interest on the same and keep the12 APPENDIX C. same in actual money and not in securities, and shall not in any way use such funds, or any part thereof himself, or receive any interest or thing of value or compensation for the use of said funds, or permit them to be used by any person, persons, copartnership, or corporation for his benefit, then he shall not be required to account for any interest on the funds so kept: Provided, no re- sponsible depository accessible shall be willing to pay interest, and in that case he shall make, sign and file an affidavit in the following form: ‘‘ I (name and official title), do solemnly swear that during the fiscal year ending...................the total amount of funds which came into m v hands as such officer was $ ............ ; that the daily balances were as shown by the schedule hereto annexed and made a part of this affidavit, and marked “exhibit one,” and that I kept in my possession of the above funds, a sum, the daily balance, of which were as shown by schedule marked “exhibit two,” hereto annexed, and made a part of this affidavit. And I further swear that all of the funds shown by “ exhibit two ” were actually held by me during all of the time therein shown and not in securities of any kind; and that I did not use any part of said funds for my personal benefit; and that no part thereof was deposited with any person, persons, co-partnership or corporation, for the purpose of drawing interest on such funds, and that I have not directly or indirectly received any interest on the same, and that neither I nor any person, persons, co-partnership or corporation derived any benefit or use for me from such balances or any part thereof as shown in schedule marked exhibit two,” and that I am under no circumstances to get any benefit therefrom, and further that no responsible depository, reasonably accessible, was willing to pay interest. Subscribed and sworn to before me,.......................a............ within and for....................county, Illinois, this.........day of 189..... ................................................................ [Official Seal.] ....................SPECIAL ASSESSMENTS. 13 APPENDIX D. CITIES AND VILLAGES. An Act to provide for the incorporation of cities and villages. [Approved April io, 1872. In force July 1, 1872; Hurd’s Revised Statutes of Illinois, 1895 Ed., p. 257.] § 1. That the corporate authorities of cities and villages are hereby vested with power to make local improvements by special assessment or by special taxation, or both, of contiguous property, or genera] taxation, or otherwise, as they shall by ordinance prescribe. (See Const-, art. 9, § 9; “Plats,” ch. 109, § 1-10.) § 2. When any such city or village shall, by ordinance, provide for the making of any local improvement, it shall, by the same ordinance, prescribe whether the same shall be made by special assessment or by special taxation of contiguous property, or general taxation, or both. § 3. Should said ordinance provide for improvements which require the taking or damaging of property, the proceeding for making just compensation therefor shall be as follows: § 4. Whenever any such ordinance shall be passed by the legislative authority of any such city or village, for the making of any improvement mentioned in the first section of this act, or any other local improvement that such city or village is authorized to make, the making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record in the county in which such city is situated, in the name of the city, praying that “the just compensation to be made for private property to be taken or dam-14 APPENDIX D. aged for the improvement or purpose specified in such ordinance shall be ascertained by a jury.” (See Const., art. 2, § 13.) § 5. Such petition shall contain a copy of the said ordinance, certified by the clerk, under the corporate seal; a reasonably accurate description of the lots, parcels of land and property which will be taken or damaged, and the names of the owners and occupants thereof, so far as known to the board or officer filing the petition, and where any known owners are non-residents of the state, stating the fact of such non-residence. § 6. Upon the filing of the petition aforesaid, a summons, which may be made returnable upon any day in term time, shall be issued and served upon the persons made parties defendant, as in cases in chancery. And in case any of them are unknown, or reside out of this state, the clerk of the court, upon an affidavit being filed showing such fact, shall cause publication to be made in some newspaper printed in his county, or, if there be no newspaper published in his county, then in some newspaper published in this state, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the return of the summons in the case, and the nature of said proceeding; such publication to be made for four weeks consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. Notices so given by publication shall be sufficient to authorize the court to hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. (As amended by act approved and in force March 30, 1874.) § 7. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition, and shall impanel a jury to ascertain the just compensation to be paid to all of such owners and occupants aforesaid; but if any de-SPECIAL ASSESSMENTS. 15 fendant or party in interest shall demand, or the court shall deem it proper, separate juries may be impaneled as to the compensation or damages to be ‘paid to any one or more of such defendants or parties in interest. (As amended by act approved and in force March 30, 1874.) § 8. Such jury shall also ascertain the just compensation to be paid to any person claiming an interest in any lot, parcel of land or property which may be taken or damaged by such improvement, whether or not such person’s name, or such lot, parcel of land, or other property, is mentioned or described in such petition: Provided, such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. § 9. Th-e court may, upon the motion of such city or village, or of any person claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any defendant in the property to be taken or damaged, the jury may return their verdict as to the compensation or damage to be paid for the property or part of property to be taken or damaged, and for the entire interests therein. (As amended by act approved and in force March 30, 1874. § 10. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause, from time to time, as to all occupants and owners named in such petition who shall not have been served with process, or brought in by publication, and shall order16 APPENDIX D. a new summons to issue and new publication to be made; and upon such occupants or owners being brought into court, shall impanel a iury to ascertain the compensation so to be paid to such defendant or defendants, for private property taken or damaged ; and like proceeding shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. § il. Thé court shall have power, at any time, upon proof that any such owner or owners named in such petition, who has not been served with process, has ceased to be such owner or owners since thé filing’ of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which had been owned by the person or persons so ceasing to own the same ; and the court may, upon any finding or finding's of any jury or juries, or at any time during the course of such proceedings, enter such order, rule, judgment or decree as the nature of the case may require. § 12. No delay in making an assessment of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property, or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may impanel a jury and ascertain the entire compensation or damage that should be paid for the property, or part of property, and the entire interests of all parties therein, and may require adverse claimants to interplead so as to fully determine their rights and Interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit oi payment of such compensation. § 13. When it shall appear, from said petition or otherwise, at any time during the proceedings upon such petition,that any infant, or insane or distracted person, is interested in any property that is to be taken or damaged, the court shall appoint a guardian, ad litem, for such infant or insane or distracted person, to appearSPECIAL ASSESSMENTS. 17 and defend for him her or them; and the court shall make such order or decree as it shall deem proper to protect and secure the interest of such infant, or insane or distracted person, in such property, or the compensation which shall be awarded therefor. § 14. Any final judgment or judgments, rendered by saad court, upon any finding or findings of any jury or juries, shall be a lawful and sufficient condemnation of the land or property to be taken upon the payment of the amount of such finding as hereinafter provided. 1 It shall be final and conclusive as to the damages caused by such improvement, unless such judgment or judgments shall be appealed from!; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if such city or village shall deposit, as directed by the court, the amount of the judgment and costs, and shall file a bond in the court in which such judgment was rendered, in a sum to be fixed and with security to be approved by the judge of said court, which shall secure the payment of any future compensation which may at any time be finally awarded to such party so appealing or suing out such writ of error, and his or her costs. (City of Chicago v. Barbian, 80 111., 482. § i£. The court, upon proof that said just compensation so found by the jury has been paid to the person entitled thereto, or has been deposited as directed by the court (and bond given, in case of any appeal or writ of error), shall enter an order that the city or village shall have the right, at any time thereafter, to take possession of or damage the property, in respect to which such compensation shall have been so paid or deposited, as aforesaid. §16. When the ordinance under which said improvement is ordered to be made shall provide that such improvement shall be made by general taxation, the cost of such improvement shall be added to the general appropriation bill of such city or village, and shall be levied and collected with and as a part of the general taxes of such city or village.18 APPENDIX D. § 17. When said ordinance under which said local improvement shall be ordered shall provide that such improvement shall be made by special taxation of contiguous property, the same shall be levied, assessed and collected in the way provided in the sections of this act providing for the mode of making, levying, assessing and collecting special assessments: Provided, that no special tax shall be levied or assessed upon any property to pay for any local improvement in an amount in excess of the special benefit which such property shall receive from such improvement. Such ordinance shall not be deemed conclusive of such benefit, but the question of such benefit and of the amount of such special tax shall be subject to the review and determination of the county court, and be tried in the same manner as in proceedings by special assessments. (As amended by Act approved June 21, 1895. In force July 1, 1895; L. 1895, p. 100; Legal News Ed., p. 68, SPECIAL ASSESSMENT. § 18. When the ordinance under which said local improvement is ordered to be made shall provide that such improvement shall be wholly or in part made by special assessment, the proceedings for the making such special assessment shall be in accordance with the sections of this act (article) from 18 to 51, inclusive. § 19. Whenever such local improvements are to be made wholly or in part by special assessment, the said council in cities, or board of trustees in villages, shall pass an ordinance to that effect, specifying therein the nature, character, locality and description of such improvement, either by setting forth the same in the ordinance itself or by reference to maps, plans, profiles of specifications thereof on file in the office of the proper clerk, or both: Provided, that whenever any such ordinance shall pro-SPECIAL ASSESSMENTS. 19 vide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in which to build* or renew such sidewalk opposite his land, and thereby relieve the same from assessment; Provided, that the work so to be done shall in all respects conform to the requirements of such ordinance. (As amended by act approved June 17th, 1887. In force July 1, 1887. L, 1887, p. 107. See L. & N. R. R. Co. v. East St. Louis, 134 111., 661. To the contrary, English v. City of Danville, 150 111., 92.) § 20. The City Council or Board of Trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contemplated by such ordinance, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assessment, and shall report the same in writing to said Council or Board of Trustees. § 21. On such report being made, and approved by the Council or Board of Trustees, as the case may be, it may order a petition to be tiled by such officer as it shall direct, in the county court of its- county, for proceedings to assess the cost of such improvement in the manner provided in this act. § 22. The petition shall be in the name of the corporation, and shall recite the ordinance for the proposed improvement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. § 23. Upon the filing of such petition the court shall appoint three competent persons as commissioners, who shall take and subscribe an oath, in substance as follows, to-wit:20 APPENDIX D. State of Illinois, ) County. fss‘ We, the undersigned commissioners, appointed by the County Court of .....County, to assess the cost of....(here state in generahterms the improvement), do solemnly swear (or affirm, as the case may be), that we will a true and impartial assessment make of the cost of said improvement upon the city (or village) of ., and the property benefited by such im- provement, to the best of our ability, and according to law. § 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total cost of such improvement will be of benefit to the public, and what proportion thereof will be of benefit to the property to be benefited, and apportion the same between the city or village and such property, so that each shall bear its relative equitable proportion; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement: Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited; And, provided further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance provides for the opening, widening or improvement of streets and alleys. (As amended by act approved and in force March 30, 1874.) § 25, repealed by act approved April 25, 1873. § 26. They shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land, and the amount assessed as special benefits thereto, and in which they shall set down as against the city or village the amount they shall have found as public benefit, and certify such assessment roll to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. (As amended by act approved and in force March 30, 1874.)SPECIAL ASSESSMENTS. 21 § 27. It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner: First—They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice substantially in the following form: Mr..........., your (here give a short description of the premises) is assessed $....for public improvement. The assessment roll will he returned to the.....term of the ...... Court of ....County. (Here give date.) ........................, Commissioners. Second—They shall cause at least ten days' notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such proposed improvement; and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then at least once in each week for two successive weeks in a newspaper published in the county in which such city or village is situated. The notice may be substantially as follows: Special Assessment Notice. Notice is hereby given to all persons interested, that the City Council (or Board of Trustees as the case may be), of ..., having ordered that (here insert a brief description of the nature of the improvement), the ordinance for the same being on file in the office of the .clerk, have applied to the .... Court of ....County for an assessment of the cost of said improvements, according to benefits; and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the .... term of said court, commencing on the ...day of.......A. D. 18 .. All persons desiring, may then and there appear and make their defense. (Here give date.) ........................, Commissioners. (As amended by act approved June 26, 1885. In force July 1, 1885. L- 1885, p. 62.)22 APPENDIX D. § 28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail, to the owners whose premises have been assessed, and whose name and place of residence are known to them, the notice hereinbefore required to be sent by mail to owners of premises assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notices required by this act to be posted, setting forth when and in what manner the same were posted. Such affidavits shall be received as prima facie evidence of a compliance with this act in regard to giving such notices. They shall also file a certificate of publication of said notice in like manner as is required in other cases of publication of notices. (As amended by act approved April 25, 1873. In force July 1, 1873.) §29. If ten days shall not have elapsed between the first publication or the putting up of such notices and the first day of the next term of such court, the hearing shall be continued until the next term of court. § 30. Any person interested in any real estate to be affected by such assessment, may appear and file objections to such report, and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to the time of filing pleas. As to all lots, blocks, tracts and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered, and the assessment confirmed by the court. § 31. On the hearing, the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their proportion-SPECIAL ASSESSMENTS. 23 ate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly. § 32. The hearing in all cases arising under this act may be had at either a law or a probate term of said court, and shall have precedence over all cases in such court except criminal cases. (As amended by act approved and in force June 15, 1893; L. 1893, p. 78; Legal News Ed., p. 54.) § 33. The court before which any such proceeding may be pending, shall have authority, at any time before final adjourn-111 en (judgment), to modify*, alter, change, annul or confirm any assessment returned, as aforesaid, or cause any such assessment to be recast by the same commissioners whenever it shall be necessary for the attainment of justice, or may appoint other commissioners in the place of any or all of the commissioners first appointed, for the purpose of making such assessment, or modifying, altering, changing or recasting the same, and may take all such proceedings and make all such orders as may be necessary to make a true and just assessment of the cost of such improvement according to the principles of this act, and may from time to time, as may be necessary, continue the application for that pimpose as to the whole or any part of the premises. § 34. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay the judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made. § 35. The clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the officer of such city or village authorized to collect such special assess-24 APPENDIX D. ments, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certificate shall be filed in his office by the officer receiving the same. With such assessment roll and judgment the clerk of such court shall also issue a warrant for the collection of such assessment. (As amended by act approved June 26, 1885. In force July 1, 1885. L. 1885, p. 56; Legal News Ed., p. 56. § 36. The warrant in all cases of assessment under this act shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed, and the respective amounts assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessments. Such warrant shall give sufficient authority to collect the assessments therein specified. § 37. The collector receiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there; and if there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improvements. Such notices may be, substantially, in the following form: Special Assessment Notice. Special Warrant No. —. Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms) as will more fully appear from the certified copy of the judgment on file in my office; that a warrant for the collection of such assessments is in the hands of the undersigned. All persons inter-ested are hereby notified to call and pay the amounts assessed, at the collector’s office (here insert location of office), within thirty days from the date hereof. Dated this.....day of.......A. D. 18... -............... Collector. (As amended by act approved June 26, 1885. In force July 1, 1885. L. 1885, p. 56; Legal News Ed., p. 56. § 38. It shall be the duty of the collector in whose hands the warrant shall so come, as far as practicable, to call upon all per-SPECIAL ASSESSMENTS. 25 sons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting so to do shall be liable,to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special (assessment), shall not be affected by such omission. It shall be the duty of such collector to write the word “paid” opposite each tract or lot on which the assessment is paid, together with the name and post office address of the person making the payment, and date of payment. § 39. It shall be the duty of the collector of special assessments, within such time as the City Council or Board of Trustees may by ordinance provide, make a report in writing—to the general officer of the county authorized, or to be designated by the general revenue law of this state, to apply for judgment and sell lands for taxes due the county and state—of all the lands, town lots and real property on which he shall have been unable to collect special assessments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof ; winch report shall be accompanied with the oath of the collector that the list is a correct return and report of the lands, town lots and real property on which the special assessment levied by authority of the city of......(or village of........, as the case may be,) remain due and unpaid; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have26 APPENDIX D. been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the confirmation thereof. § 40. When said general office(r) shall receive the report provided for in the preceding section, he shall proceed to obtain judgment against said lots, parcels of land, and property, for said special assessments remaining due and unpaid, at the same time and in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county and State; and shall in the same manner proceed to sell the same for the said special assessments remaining due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the geperal revenue laws of this State, except when otherwise provided herein. No application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands, upon which general taxes remain due and unpaid. The application for judgment upon deliquent special assessments in each year, shall include only such special assessments as shall have been returned as delinquent to the county collector, on or before the first day of April, in the year in which such application is made. (As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 58; Legal News Ed., p. 57. See “Revenue,” ch. 120, § 182, et seq. § 41. After making said sales, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided for by the general revenue law of this state. (See “Revenue,” ch. 120, § 210-215.SPECIAL ASSESSMENTS. 27 § 42. If the collector shall receive any moneys for taxes or assessments, giving a receipt therefor for any land or parcel of land, and afterwards return the same as unpaid to the state officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of thè face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city or village shall, in no case, be liable to the holder of such certificate. § 43. The collector or collectors, and the general officer aforesaid, to whom the said warrant shall be returned, shall pay over to the city or village treasurer to which it shall belong all moneys collected by them, respectively, upon or by virtue of svmh warrant, or upon any sale for taxes or otherwise, at such time or times, and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessments as the ordinances of the city or village may provide, except when such compensation is fixed by general law. § 44. The general revenue laws of this state, in reference to proceedings to recover judgments for delinquent taxes, the sale of property thereon, the execution of certificates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in relation to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assessment. (See “Revenue,” ch. 120, § 191-225. § 45. Any city or village interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to enforce the collection of the same, and28 APPENDIX D. may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in behalf of the corporation. § 46. If any assessment shall be annulled by the City Council or Board of Trustees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had, as herein required in relation to the first; and all parties in interest shall have the like rights, and the City Council or Board of Trustees and court shall perform like duties and have like power in relation to any subsequent assessment, as are hereby given in relation to the first assessment. § 47. If, in any case, the first assessment prove insufficient, a second may be made in the same manner, as nearly as may be, and so on, until sufficient moneys shall have been realized to pay for such public improvement. If too large a sum shall, at any time, be raised, the excess shall be refunded ratably to those by whom it was paid. § 48. If, from any cause, any city or village shall fail to collect the whole or any portion of any special assessment which may be levied, which shall not be canceled or set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the City Council or Board' of Trustees may, at any time within five years after the confirmation of the original assessment, direct a new assessment to be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment— which assessment shall be made, as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such newSPECIAL ASSESSMENTS. 29 assessment prove ineffectual, either in whole or in part, the City Council or Board of Trustees may, at any time within said period of five years, order a third, and so on, to be levied in the same manner and for the same purpose; and it shall constitute no legal objection to such assessment that the property may have changed hands, or been encumbered, subsequent to the date of the original assessment, it being the true intent and meaning of this section to make the cost and expense of all public improvements, to be paid for by a special assessment, a charge upon the property assessed therefor, for the full period of five years, from the confirmation of the original assessment, and for such longer period as may be required to collect, in due course of law, any new assessment ordered within that period. § 49. All persons taking any contracts with the city or village, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collection of the special assessments made for the work contracted for. § 50. All contracts for the making of any public improvement, to be paid for in whole or in part by special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder, in the manner to be prescribed by ordinance—such contracts to be approved by the mayor or president of the board of trustees: Provided, however, any such contract may be entered into by the proper officer without advertising for bids, and without such approval, by a vote of two-thirds of all the aldermen or trustees elected. § 51. All special assessments levied by any city or village under this act, shall, from the date of assessment, be a lien upon the real estate upon which the same may be imposed, and such lien shall continue until such special assessments are paid. And30 APPENDIX D. the same proceedings may be resorted to by the collector, upon any warrant or order issued or made for the collection of special assessments, as in the case of the collection of state and county taxes under the general laws of the state. § 52. At any time after the same becomes due, it shall and may be lawful for any collector thereof to commence suit in any court of record, in the corporate name of such city or village, against any person or persons, for the total amount of special assessments which such person or persons are liable for the payment of. Such suit shall be commenced by petition, and shall state the several amounts of the special assessment sought to be 1 recovered, and give a general description of the warrant or warrants issued for the collection thereof. Upon the filing of the petition a summons shall be issued, served and returned as in other suits in such court. Upon the return of such summons, duly served, the court shall forthwith proceed to the hearing of said petition without formal pleadings, and may render judgment for all or any part of,the special assessments, as the right and justice of the case may require. The original, or a certified copy (by the clerk, under the corporate seal,) of such warrant or warrants and list or lists, or so much thereof as refers to the special assessments sought to be recovered, shall be prima facie evidence of the right of said collector to a judgment in favor of such corporation. Execution shall issue on such judgment as in other cases, but such execution may be first levied upon and collected from any personal property of the defendant; or the court, in which such proceedings were had, may, upon complaint of the city or village, issue a scire facias against the person or persons liable for such payment, to show cause why execution should not issue against him or them for the amount of such assessment; and if, upon the return of such scire facias, good cause is not shown why execution should not issue, the court may award executionSPECIAL ASSESSMENT. 31 against such person or persons in the usual form of execution upon judgments at law. § 53. Whenever any city or village shall apply to any court for the purpose of making just compensation for property taken or damaged by such proceedings as are authorized by this act, such city or village may file in the same proceedings a supplemental petition, praying the court to cause that an assessment be made for the purpose of raising the amount necessary to pay the compensation and damages which may be or shall have been awarded for the property taken or damaged with the costs of the proceeding. The said court shall have power, at any time after such supplemental petition shall have been filed, to appoint three commissioners to make such assessment and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable further costs of the proceedings, including therein the estimated costs of making and collecting such assessment, and shall direct such cost to be included by such commissioners in making said assessment. Like proceedings in making said assessment shall be had, and the assessment shall be made, collected and enforced in the same manner, as near as may be, as is provided in this article in other cases: Provided, however, in all proceedings heretofore commenced, where the property has not been fully paid for, or that shall hereafter be commenced, said city or village shall take and pay for the lands sought to be taken or damaged within two years of the entry of judgment in mch condemnation proceedings. And after the expiration of such time the court in which the proceedings may have been had, upon a motion of any person interested in the lands, may enquire in a summary manner whether the lands in which such person is interested have been taken or damaged and paid for; and if the court finds that such lands have not been taken or damaged and not been paid for, it shall enter32 APPENDIX D. an order requiring the city or village to pay for such lands within a short day, to be fixed by the court; and in default thereof, shah dismiss such proceedings as far they relate to lands of such person. If, however, the court nnds that such city or village has taken possession of the land and has not paid therefor, it shall enter an order requiring such city or village to pay the amount of the condemnation judgment, with interest from the time of such taking, within a short day to be fixed by the court; and in default thereof, to dismiss the proceedings and enter a several judgment in favor of such land owners for interest from the day of such taking, and direct the issue of a writ of possession in favor of the several owners or their legal representatives or grantees respectively. And such dismissal as aforesaid shall operate as a bar to further proceedings under such ordinance against the land affected by such dismissal. And every such cause shall be considered as pending in the court in which the same has been, or shall be commenced, until all the lands sought to be taken are paid for, or until the proceedings are dismissed where the lands have not been taken. (As amended by act approved June i8, 1891. In force July 1, 1891, L. 1891, p. 80; Legal News Ed., p. 64. § 54. Any city or incorporated town or village may, if it shall so determine by ordinance, adopt the provisions of this article without adopting the whole of this act; and where it shall have so adopted this article, it shall have the right to take all proceedings in this article provided for, and have the benefit of all the provisions hereof. § 55. That the amount of any special assessment for any local improvement in any city, incorporated town or village, may be divided into installments, when so provided for by the ordinance providing for the said improvement, the first of which shall not exceed the sum of twenty-five per cent, of the total of said assess-SPECIAL ASSESSMENTS. 33 ment, and which shall be due and payable from and after confirmation of said assessment. The remaining portion of said assessment , after deducting the said first installment, shall be divided into four equal annual installments, which said installments shall be payable annually thereafter, and collected in the same manner that other assessments are now collected and the annual interest herein provided for on all of said installments which may at any time remain unpaid, shall also be payable annually thereafter and collected in the same manner that other assessments are now collected. Each of said four last named installments shall bear interest at the rate of six per cent, per annum, payable in each year, from and after the first day of July next succeeding the confirmation of said assessment, when such confirmation shall be had between the first day of November and the first day of March; and when such confirmation is had between the first day of March and the first day of July, then each of the said four last named installments shall bear interest at the rate of six per cent, per annum in each year, from and after the first day of October next succeeding such confirmation of assessment; and when such confirmation is had between the first day of July and the first day of November, then each of said four last named installments shall bear interest at the rate of six per cent, per annum, from and after the first day of January next succeeding such confirmation of assessment. Such interest shall be payable in each year at the time when the installments are payable: Provided, that in cities containing a population of fifty thousand or more this and the following sections shall not apply except in cases where any such special assessments shall exceed in the aggregate the sum of fifteen thousand dollars. (Added by act approved and in force April 29, 1887. L. 1887, p. 105; Legal News Ed., p. 94. As amended by an act approved June 15, 1891. In force July 1, 1891. L. 1891, p. 82; Legal News Ed., p. 65.34 APPENEIX D. § 56. That any installment or installments which may be assessed against any tract, lot, block or piece of land may be paid at any time before maturity, in which case interest shall be charged only to the time of payment, and upon such payment the property for which said payment is made shall be discharged from the lien to the extent of such payment. (Added by act approved and in force April 29, 1887. L. 1887, P- io5‘> Legal News Ed., p. 94. § 57* Whenever any city, incorporated town or village desires to make the collection of any special assessment, as aforesaid, by installments under the provision of this act, the ordinance providing for said improvement shall also state that the same shall be collected by installments, and fix the amount of the first installment. (Added by act approved and in force April 29, 1887. L. 1887, p. 105; Legal News Ed., p. 94. § 58. Upon the assessment roll to be returned by the commissioners shall be designated, in appropriate columns, first the amount of each installment, second the total amount of the assessment, which said items shall be carried out and set opposite each tract, lot or piece of property so assessed. (Added by act approved and in force April 29, 1887. L. 1887, p. 105; Legal News Ed., p. 94. § 59. The notice to be given by the collector as now provided for by law when the assessment is under the provisions of this act, in addition to what is now required shall contain the amount of each installment, the rate of interest deferred installments bear, the date of payment, and that the whole of said assessment, or any installment thereof, may be paid at any time at the option of the owner or owners of said lot, block, piece or tract. (Added by act approved and in force April 29, 1887. L. 1887, P* io5*> Legal News Ed., p. 94. § 60. The order of confirmation that shall be entered upon the return of any such assessment roll shall apply to all of the install-SPECIAL ASSESSMENTS. 35 merits thereof, and may be entered in one order. (Added by act approved and in force April 29, 1887. L. 1887, P- 105; Legal News Ed., p. 94. § 61. The warrant for the collection of any such special assessment to be made hereunder shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed and the respective amounts assessed upon each lot, tract, piece or parcel of land, and the year in which each installment is payable. (Added by act approved and in force Apri, 29, 1887. L. 1887, P- IC)6; Legal News Ed., p. 95. § 62. Proceedings for judgment and sale against lots, tracts, pieces and parcels of land for which the assessment has not been paid shall be had in the same manner as now provided upon each installment in the respective years in which they become due and payable, and the laws now in force in so far as they are applicable shall apply. (Added by act approved an.d in force April 29, 1887. L. 1887, p. 106; Legal News Ed., p. 95. § 63. Payment for any improvement done or performed under the provisions of this act shall be made in the following manner: From the amount of the first payment when it shall be collected shall first be paid all the costs of making the said assessment, including court costs. The remainder of said payment shall then be paid to the person or persons entitled thereto on the contract for said work. The amount remaining due upon the contract for said improvement shall t-hen be divided into four equal parts, and the authorities of an> city, incorporated town or village shall issue a voucher to the person or persons entitled thereto for each part, payable in the same order and manner that the installments are payable, and said vouchers shall bear the same rate of interest per annum that the said installments bear, which interest shall be paid on the first day of July, October or January, annually after their date, according to the date of the confirmation of the respective assessments, to the person holding such voucher.36 APPENDIX D. Said vouchers shall be made payable to the order of the person or'persons entitled thereto, and state the improvement and the installment for which they are issued. They shall also contain the following: In consideration of the issuing of this voucher, I hereby tor.... sel .. ..........heirs, executors administrators and assigns, accept the same in full payment of the amount herein stated and relinquish any and all claims or liens I have against the (city, incorporated town or village) of ..............for the work mentioned herein, or for the payment of this voucher, except from the collection of the installment herein named. (Signature of person receiving the same.) (Added by act approved and in force April 29, 1887. L. 1887, p. 106; Legal News Ed., p. 95. As amended by act approved June 15, 1891. In force July 1, 1891. L. 1891, p. 81; Legal News Ed., p. 65. § 64. Any person or persons accepting the vouchers, as provided herein, for work done or performed upon any local or public improvement shall have i\o claim or lien upon the city, incorporated town or village in any event for the payment of said vouchers or the interest, except from the collection of the installments for which said vouchers are issued, and provided, that this section shall apply to all holders of any of said vouchers, whether the original contractor or their assigns. (Added by act approved and in force April 29, 1887. L. 1887, p. 106; Legal News Ed., p. 95. § 65. If upon the payment of the money and issuance of the vouchers, as provided for in the last section hereof, there shall be any surplus remaining of said special assessment over and above the payment aforesaid, it shall be the duty of the proper authorities of said city, incorporated town or village to at once cause the respective installments to be credited with their respective proportion of said surplus, and in case any person or persons have, before said credit has been entered, paid his assessment or any part thereof, without having received the benefit of said credit, the proper authorities shall at once cause notice of such over-paymentSPE CI AL ASSESSMENTS. 37 to be sent by mail to the person by whom such over-payment was made, and upon proper proofs the same shall be repaid. (Added by act approved and in force April 29, 1887. L. 1887, p. 106; Legal News Ed., p. 95. § 66. I11 case said special assessment shall be made for the pur- pose of paying the compensation awarded for the taking or damaging of private property for public use, payments may be made as provided herein, in the case of contracts let and the acceptance bv the owner of any lot, piece or tract taken or damaged of the vouchers issued shall be deemed payment to said owner or owners of said compensation, and upon proof thereof, an order of possession may be entered, as is now provided: Provided, that after a special assessment has been confirmed to pay for property taken or damaged for public use, the City Council in cities and the President and Board of Trustees in villages may appropriate and advance a sufficient amount to pay the compensation awarded, or so much of the same as shall not have been paid by acceptance of vouchers as herein provided: Provided, however, that such appropriation and advancement shall in no way affect the collection of said assessment, but the same shall be collected in the same manner, as though said appropriation had not been made: And, provided, further, that when such assessment shall have been collected, that the same, together with the interest thereon, shall be paid into the general fund of said city, incorporated town or village in liquidation of the amount so advanced. (Added by act approved and in force April 29, 1887. L. 1887, p. 107; Legal News Ed., p. 95. § 67. In all cases where special assessments shall have been made, but not confirmed, it shall be lawful for any city, incorporated town or village, through its legislative body, to provide by ordinance that said assessment may be collected by installments, under the provisions of this act. (Added by act approved and in force April 29, 1887. L. 1887, p. 107: Legal News Ed , p. 96.38 APPENDIX D. “§ 68, It is hereby declared that an emergency exists and therefore this act shall be in force from and after its passage.” (Added by act approved and in force April 29, 1887. L. 1887, p. 107; Legal News Ed., p. 96. ASSESSMENTS MAY BE DIVIDED INTO INSTALLMENTS. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the corporate authorities of any city, town or village have heretofore levied, or shall hereafter levy any special assessments pursuant to law, it shall be lawful for such corporate authorities at any time, prior to the commencing the collection thereof, to provide by ordinance that said assessment be divided into installments not more than seven in number, the first of which installments shall be due and payable on and after confirmation thereof, and the second installment one year thereafter, and so on until all are paid. But such division shall be so made that the first installment shall include all the fractional amounts leaving each of the remaining installments equal in amount and multiples of $100, which said assessment and installments shall bear interest from and after thirty days succeeding the date of confirmation at the same rate and be collected in like manner as is now provided by law : Provided, that any special assessment levied for building sewers and laying water mains may in like manner be divided into not exceeding ten installments. § 2. That for the purpose of anticipating the collection of the second and succeeding installments provided for in the next preceding section it shall be lawful for such corporate authorities to issue bonds payable out of said installments bearing interest at the rate of not to exceed six per centum per annum, payable annually, and signed by such officers as may by ordinance be prescribed;SPECIAL ASSESSMENTS. 39 said bonds shall be issued in sums of $100 or some multiple thereof, but shall not be dated or issued until at least ninety days after the installment out of which they are payable begins to draw interest. Each bond shall state on its face out of which installment it is payable and state by number or other designation, the assessment to which such installment belongs. Such bond shall not exceed in the aggregate the amount of such deferred installments, and shall be divided into as many series as there are deferred installments, and one series shall become due in one year from date, the second series in two years from date, and so on. Provided, the corporate authorities issuing such bonds may if they deem it for the best -interests of the property owners make such bonds redeemable at the option of the corporation issuing the same at the time of any annual payment of interest, on twenty days’ notice being given by the proper authorities in a newspaper published in the county in which the corporation issuing such bonds is located, and such bonds may be in substantially the following form: STATE OF ILLINOIS, [ County of ......’ f Series Name. $ ........... Bond No.................................................... ................of................. Improvement Bond. The..............of..............in................county, Illinois, for value received, promises to pay to bearer on the .......day of..........., A. I)......, the sum of............. dollars, with interest thereon from date hereof, at the rate of...per centum per annum, payable annually on presentation of the coupons hereto annexed. Both principal and interest of this bond are payable at the office of the treasurer of said..........of............. This bond is issued to anticipate the collection of a part of the..... installment of special assessment No............levied for the purpose of which said installment bears interest from the......day of............ A. D........ and this bond and the interest thereon are payable solely out of said installment when collected. Dated this..........day of.......... , A. D..... Which said bonds may have coupons attached to represent the interest to accrue theieon. Said bonds may be sold or paid to the contractor having the contract for the improvement for which the assessment was levied at4:0 APPENDIX D. not less than their par value and interest accrued to time of delivery whether sold or paid to the contractor. § 3. Corporate authorities as used in this act shall be held to include the City Council of cities, and the Board of Trustees of towns and villages, and the body authorized to enact ordinances in any city, town or village. § 4. Any property owner may pay his assessment wholly or in part with the bonds issued under this act on account of such assessment, and in making such payment such bonds shall be taken at their par value and interest accrued to the date of making the same. All bonds received in payment of such assessment shall be canceled by the officers receiving the same as of the date of their receipt and deposited with the treasurer of the city, town or village issuing the same.CICERO WATER, GAS AND ELECTRIC LIGHT CO. 41 APPENDIX E ORDINANCES AND CONTRACTS FOR SUPPLYING WATER BY THE CICERO WATER, GAS & ELECTRIC LIGHT COMPANY. An Ordinance, Passed Nov. 12th, 1887. An ordinance authorizing The Cicero Water, Gas and Electric Light Company to construct, maintain and operate water works, gas works and electric light works, for the purpose of supplying to the inhabitants of the Town of Cicero, County of Cook, and State of Illinois, water, gas and electric light, and defining the rights, privileges and powers of said Cicero Water, Gas and Electric Light Company. Be it ordained by the Board of Trustees of the Town of Cicero, County of Cook, and State of Illinois. Section i. That the Cicero Water, Gas and Electric Light Company, of Oak Park, Illinois, its associates, successors and as signs, are hereby granted the right and privilege of laying, maintaining and repairing water and gas mains with all necessary hydrants.. connections and attachments through all the streets, within the limits of the said Town of Cicero, for supplying its inhabitants with water for domestic uses, fire protection and other purposes, and for supplying said inhabitants with gas for illuminating, heating and other purposes. Also to lay, maintain and repair connecting pipes, for the purpose of conveying such water and gas through said streets. Also the right and privilege of erecting, or having erected, poles or standards, of a height to be designated by the Board of Trustees, and connecting therewith a line, or lines, of a single wire or wires, or other electrical conductors, or42 APPENDIX E. of laying said wire, wires or electrical conductors under the ground of any and all streets, together with all necessary attachments, connections and fixtures, either under or above the surface of any and all streets within the limits of said Town of Cicero, for the purpose of conveying and conducting electricity for illuminating, heating, mechanical and other purposes, and to operate, use, maintain, repair and extend the same under, or above, the surface of any or all of said streets, within said Town, for the purposes aforesaid; said wires and electrical conductors to be thoroughly insulated and made safe, whether above or below ground. To make all necessary excavations and trenches in any and all streets, to erect such poles or standards, as may be required, and to acquire and hold any and all real estate, easements and rights necessary to that end and purpose. Section 2. When any street shall be broken or opened for any ♦ of the purposes aforesaid, the same shall be restored at the expense of the company to as good condition as before said breaking or opening, or as nearly so as may be practicable, with all reasonable and convenient dispatch. All excavations shall be promptly protected, so as to prevent accidents, and shall be only allowed to remain open for a sufficient length of time to accomplish the purpose for which they are made. All excavations to be made by said company shall be under the supervision and control of the Board of Trustees of said Town of Cicero, and the said company shall hold said Town harmless from all damages arising from negligence, or other causes in protecting any excavations which may thus be made by the employes of said company. Section 3. Under the permission and authority hereby granted, the said company may acquire, or erect, or have erected, and maintain within said Town of Cicero, engines, boilers, pumps, stand pipes, reservoirs and other appurtenances, such as may be required to furnish a sufficient quantity of water to meet all reasonable de-CICERO WATER, GAS AND ELECTRIC LIGHT CO. 43 mands therefor. Also to erect, or have erected, and to maintain within said Town of Cicero, gas works with the necessary boilers, receivers, tanks and other appurtenances usually pertaining thereto, at a distance of not less than three hundred feet from the nearest dwelling house without the consent of the owners thereof, of sufficient capacity to meet all reasonable demands therefor. Also to erect, or have erected, and to maintain within said Town of Cicero, electric light works, with the necessary engines, boilers and dynamos, for the purpose of generating or creating electricity or electrical currents for illuminating, heating and mechanical purposes, sufficient to supply all reasonable demands, within said Town, for electricity, either for illuminating, heating or mechanical purposes. Section 4. Under the permission and authority, hereby granted, the said company shall furnish good and wholesome water, suitable for domestic uses, also shall furnish, whenever gas works may be erected, either by or under the authority of said company, gas of a quality equal to not less than sixteen candle power. Also shall furnish or have furnished, whenever works for that purpose have been erected, electricity or electrical currents of sufficient candle power to be suitable for general illuminating purposes, including the lighting of residences, stores, buildings, and streets, as well as such electrical currents as may be required for heating or mechanical uses, whenever a sufficient demand shall exist in this direction to make it reasonable for said company to furnish electricity, either for heating or mechanical uses. Section 5. That the rate to be charged by said company for water for fire protection shall not exceed the sum of forty dollars per annum for each and every hydrant thus used, up to the number of orn hundred (100), and the sum of thirty dollars per annum for each ana every hydrant in excess of one hundred, the number and location of hydrants to be thus used for fire protection to be op-u APPENDIX E. tional with the Board of Trustees of said Town, but must be fixed and designated by contract. That the rates to be charged by said company for water for flushing sewers shall not exceed the sum of ten cents for each and every one thousand gallons, the extent of the use of water for said purpose, as well as the times of payment therefor, to be fixed by contract. That the meter rates to be charged by said Company for water for domestic uses, and for all uses aside from fire protection and flushing sewers, shall not exceed tfic sum of thirty cents for each and every one thousand gallons when less than one thousand gallons is consumed daily; twenty-five cents for each and every one thousand gallons when the quantity consumed daily is equal to or in excess of one thousand gallons and less than five thousand gallons; twenty cents for each and every one thousand gallons when the quantity consumed daily is in excess of five thousand gallons and less than ten thousand gallons; and fifteen cents for each and every one thousand gallons when the quantity consumed daily is in excess of ten thousand gallons; that the maximum water assessment on each and every building fronting on any street, within said Town, and having a pipe or pipes connecting said building with the water mains, or water pipes of said company, and using water therefrom, shall be the amounts, respectively, specified hereinafter, as frontage rates and for special uses of water, such rates for special uses of water being in addition to said frontage rates: Provided, however, that when the supply of water to any building or premises is wholly controlled by meter the said building or premises shall be assessed by meter measurement only, irrespective of the number and character of the fixtures, or the special uses for which the water may be used, and Provided, further, that in no case,shall any building or premises supplied with water through meter, pay less per annum than the amount prescribed for said building or premises bv the frontage rates, hereinafter specified.CICERO WATER, GAS AND ELECTRIC LIGHT CO. 45 § 6. That the frontage rates to be charged by said company for each and every building fronting on any street and for each and every lot or piece of ground fronting on any street, between which building; or ground, pipes have been laid, connecting with the mains or distributing pipes of said company, shall not exceed the following sums or rates, per annum, viz: I I I 2 I 3 I 4 I 5 Front Width of Building.| Story. ¡Stories. |Stories.|Stories.¡Stories. Not exceeding 20 ft..... j $6.oo| $8.oo| $io.oo| $i2.oo| $14.00 Exceeding 20 ft. and not | | j | | exceeding 25 ft...... j 8.oo| io.oo| i2.oo| 14.00] 16.00 Exceeding 25 ft. and not | ] j j ] exceeding 30 ft...... | io.ooj i2.oo| 14.00] 16.00] 18.00 Exceeding 30 ft. and not j j j | | exceeding 35 ft...... | i2.oo| 14.00] i6.oo| i8.oo| 20.00 Exceeding 35 ft........ j 14.00I 16.00] i8.oo| 20.00] 22.00 Provided, however, no charge shall be made where no water is used. All finished basements shall be taken as one story additional. Dwelling houses occupied by more than one family shall be charged the following rates : The first family.................................Regular rates. Tjhe second family......................One-half regular rates. The third and each additional family. .. .One-fourth the regular rates. § 7. That in addition to the above scale of frontage rates, each building having water pipes therein, and using water therefrom, shall pay for special water fixtures, the following sums or rates, provided that vacant lots supplied with water through one faucet, shall be assessed not less than Five Dollars per annum, and for additional water fixtures, the same rates as hereinafter specified for like fixtures, viz: Bathing tubs, in private dwelling houses only, each, per an- $3.00 num46 APPENDIX E. Water closets and privy vaults, in private dwelling houses only, per annum............................................. 3.00 Urinals, each, per annum....................................... 1.00 Wash basins (hand) with faucets, beyond one, each, per annum.......................................................... 1.00 Steam heating, per ton of coal consumed...........................05 Green houses attached to private dwellings, each. . . .2.00 to 6.00 Each hose used for sprinkling or washing lawns, walks, windows and like purposes, for fifty feet frontage................ 6.00 And for each additional twenty-five feet front................. 1.50 Out buildings, rear buildings, or buildings on alleys, supplied with water and occupied by one or more families, shall be subject to the rates above specified for special water fixtures. When any portion of such buildings are occupied for sleeping rooms only, by more than two lodgers, the assessment for each additional lodger shall be fifty (50) cents per annum, and for special water fixtures, dwelling house rates. CLASS II. BOARDING HOUSE RATES. In addition to frontage rates, boarding houses occupied by not more than twelve (12) persons shall be assessed private dwelling-rates. For each and every boarder or other person in excess of such number, fifty (50) cents per annum shall be charged. Boarding houses which furnish accommodation for day or lodging boarders in excess of twelve (12) persons shall be assessed for special water fixtures as follows: Bath tubs, each, per annum......................................$3.00 Water closets, each, per annum.................................. ^.00 Wash hand basins with faucets, each, per annum.................. 1.00 Fixed laundry tubs in excess of three (3), per annum............ 1.50CICERO WATER, GAS AND ELECTRIC LIGHT CO. 47 Boarding houses selling wines or liquors on premises, extra, per annum........................... ............. 5°° Hydraulic engines, meter measurement. For all purposes other than above specified the rates for special fixtures and conditions for use of water in boarding houses shall be the same as prescribed elsewhere for similar purposes. CLASS III. HOTEL AND TAVERN RATES. In addition to frontage rates. From one room to twelve inclusive, the same rates as for boarding houses, thence for each additional room, per annum $1.00. For special water fixtures the following rates: Bath tubs, each, per annum..................................$3.00 Wash hand basins, each, per annum........................... 1.00 Steam engines, per horse-power, per annum................... 4.00 Water closets, each, per annum.............................. 3.00 Urinals, per annum........!................................. 1.50 Hydraulic engines, meter measurement. Fixed laundry tubs, in excess of three, each, per annum..... 2.00 steam heating, per ton of coal consumed........................05 Saloon bars connected with hotels or taverns, saloon rates. Any of the above named fixtures opened to general or promiscuous use shall be assessed at public rates. For all purposes other than above specified the rates for special fixtures and conditions for use of water shall be the same as prescribed elsewhere for similar purposes.48 APPENDIX E. CLASS TV. BLOCK OR OFFICE BUILDING RATES. In addition to frontage rates. Each twenty feet front, and not exceeding twelve rooms therein, shall be included in regular frontage rates. For each room in excess of that number, occupied for office purpose, per annum, $1.00. For special water fixtures as follows: Steam engines, per horse-power..............................$4.00 Hydraulic engines, meter measurement. Bath tubs, each............................................. 2.00 Wash hand basins, each...................................... 1.00 Water closets, each..........................................2.50 Urinals, each............................................... 1.50 Steam heating, per ton of coal consumed......................05 The above named fixtures on premises occupied by a family shall be assessed private dwelling rates and when open to general or promiscuous use, the same shall be .assessed public rates. For all purposes other than above specified, the rates for special fixtures and conditions for the use of water in and about the aoove designated buildings shall be the same as prescribed elsewhere for similar purposes. CLASS V. STORES AND BUSINESS PREMISES RATES. Each building or part thereof, occupied as a store, show-room, bank, theater, warehouse, factory or shop, where not to exceed ten (10) persons are employed, shall be assessed in addition to regular frontage rates on said building, tw.enty-five cents per annum for each additional person, and the rates for special water fixtures shall be as follows:CICERO WATER, GAS AND ELECTRIC LIGHT CO. 49 Wash hand basins or sinks, each faucet, per annum..........$2.50 Water closets, per annum................................... 3.5° Urinals, per annum......................................... 1.50 Steam engines, per horse-power............................. 4.00 Hydraulic engines, meter measurement. Steam heating, per ton of coal consumed.......................05 All fixtures open to general or promiscuous use shall be assessed at public rates. Each family occupying any portion of either of the above designated buildings shall be assessed private dwelling rates. For all purposes, other than above specified, the rates for special fixtures and conditions for the use of water shall be the same as prescribed elsewhere for similar purposes. CLASS VI. SALOON RATES. In addition to frontage rates. Drinking. Shall be assessed for general and special water fixtures as follows : When there is no water faucet or other water fixture on saloon premises— For use of bar, per annum.................................$3.00 When there are one or two faucets, for use of bar......... 5.00 Each additional faucet, or equivalent for same, over two, for use of bar............................................ 2.00 Water closets, each........................................ 3.50 Urinals, each.............................................. 1.50 Hydraulic pumps, each..............................2.00 to 5.00 Horse watering troughs on sidewalks, in use not to exceed eight months, each................................... 5.00 Hose for sprinkling, washing windows, etc................. 6.00 Bars in gioceries, or other establishments................. 5.0050 APPENDIX E. Ice Cream. Without bars, each table of four to six persons per annum, 50 cents. Laiger tables, proportionate rates. With bar or other fixtures, drinking saloon rates additional. Restaurants, Eating Houses, Club Rooms, Etc. Without bars, each table of four to six persons, per annum, $1.00. Larger tables, proportionate rates. With bars or other fixtures, drinking saloon rates additional. Billiard Rooms, Bowling Alleys, Shooting Galleries, and Like Establishments. In addition to frontage rates, without bars, each per annum.$3.00 With bars or other fixtures, drinking saloon rates additional. Soda Water Fountains. Each, per annum..........................................$3-00 When dwellings are connected with saloons, each family shall be assessed private dwelling rates. * For all special fixtures, same rates as prescribed elsewhere for similar purposes. CLASS VII. STABLE RATES. Buildings fronting on any street, used as public stables, shall be assessed frontage rates, and in addition thereto, for special uses of wat er, as follows: Livery, Sale and Boarding Stables. For average number of stalls in use, including the washing b\ hand of wheeled vehicles, each, per annum.................$2.00 Vehicles washed by hose, additional, per annum..................... 1.50CICERO WATER, GAS AND ELECTRIC LIGHT CO. 51 Club Stables. Horses and mules, including washing vehicles by hand, each, per annum.............................................$2.00 Vehicles, when washed by hose, additional per annum.... 1.25 More than one cow, each, per annum...........................75 Car and Omnibus Stables. For average number of horses or mules, including washing vehicles by hand, each, per annum......................$2.50 Washing vehicles with hose, additional.................... 2.00 More than one cow............................................75 Street railway or other watering stations, each. .$25.00 to 150.00 Truck and Cart Stables. For horses and mules, each..............................$i.oc More than one cow..........................................75 For hose, used for stable purposes only................. 3.00 Private Stables. Fronting on alleys or located on rear of lots, when supplied with water, will be exempt ffom frontage rates, but shall be assessed as follows: For horses and mules, including washing vehicles, each, per annum......................................$2.00 More than one cow..............................75 Such portions of any stable building used or occupied by a family shall be respectively assessed private dwelling rates. Cow Stables. Average number of cows, each, per annum....................$ .75 Hose, for stable use only, each, per annum.......$3.00 to $10.00 All fixtures in and about any stable, for other uses, shall be assessed at the same rates as elsewhere for similar purposes.52 APPENDIX E. CLASS VIII. PUBLIC BATHING ESTABLISHMENT RATES. In addition to frontage rates. Bath tubs, each, per annum....................................$6.00 Wash hand basins, each, per annum............................. 1.50 Water closets, each, per annum................................ 3.00 Urinals, each, per annum...................................... 1.00 Fixed laundry tubs, each, per annum........................... 1.75 Barber Shops. In addition to frontage rates. Biith tubs, each, per annum...................................$6.00 Wash hand basins, each, per annum............................. 1.50 Water closets, each, per annum................................ 3.00 Urinals, each, per annum...................................... 1.00 Fixed laundry tubs, each, per annum........................... 1.75 CLASS IN. FOUNTAIN RATES. Each jet, not to exceed one-sixteenth of an inch, per annum.$5.00 Fach jet, not to exceed one-eighth of an inch, per annum. 20.00 Each jet, not to exceed one-quarter of an inch, per annum. . 50.00 Vegetable fountains, per annum.............................. 5.00 Automatic lawn sprinklers, per annum........................ 1.00 Aquariums, with water connections..................$2.00 to 10.00 The above named fixtures, except aquariums, shall not be used to exceed four months during the year, nor to exceed an average of four hours per day for such period. No fountain shall be permitted on any premises where the water is not taken for other purposes and to an extent sufficient for those purposes; and if water from the jet or fountain shall be allowed to flow into premises adjacent to, or in the neighborhood, whereCICERO WATER, GAS AND ELECTRIC LIGHT CO. 53 it may be used for other purposes, the supply shall be stopped and the amount of payment forfeited. CLASS X. MISCELLANEOUS RATES IN ADDITION TO FRONTAGE RATES. Bakeries, per bbl, of flour or meal used...................$ .01 Building purposes, each, 1,000 brick..........................05 “ “ cord of stone........................06 “ “ “ cubic yard of concrete..................02 “ “ no sq. yds. plastering...............15 Bolt heading machines, each, per annum..................... 2.00 Bottling establishments, meter measurement, or each....... ...............................................$3.00 to 10.00 Church organ motors, meter measurement. Chemical laboratories, meter measurement, or each, per annum ..............................................$3.00 to 12.00 Cooperage, meter measurement, or each, per annum.......... ...............................................$3.00 to 10.00 Convents, private dwelling rates. Club rooms, each, per annum.......................$3.00 to 6.00 Cells in jails, including inmates, each................... 1.00 Fish stalls............................................... 1.50 Fish packing...................................$10.00 to 100.00 Fire department buildings, each, per annum, private dwelling rates. Fire patrol buildings, each, per annum, private dwelling rates. Foundries, each, per annum, same rates as described in Class V. Foundries, for use of each hose, per annum..............$4.00 Forges, blacksmith, each hose, per annum. .............. 1.50 Forges, power hammers, each hose, pe.r annum............ 5-°°54 APPENDIX E. Gardens, flower and vegetable, sprinkled with hose, each 1,000 square feet, per annum........................... 3.00 Hydraulic motors for elevators, each, per amnum, meter measurement. Hydraulic or gas motors for elevators, small, each, per annum...........................................$4.00 to 12.00 Gang saws in stone yards, each, per annum..........$10.00 to 50.00 Hospitals, private, private dwelling rates. Meat stalls, each, per annum............................... 1.00 Milk depots and dairies, each, per annum...........$3.00 to 10.00 Medical colleges, business rates, Class V. Photograph galleries, each, per annum..............$3.00 to 10.00 Public laundry tubs, each, per annum....................... 3.00 Police stables private dwelling rates. Public halls, each, per annum.............................. 5.00 Public halls, fixtures for special use of water, private dwelling rates. Schools, boarding, boarding house rates. Schools, swimming, meter measurement or estimated rates. Silver plating establishments, each, per annum...$3.00 to 10.00 Steam engines in operation 10 hours per day or less, per horse-power............................................4.00 Steam engines in operation over 10 hours per day, a proportionate amount per horse-power. Steam heating apparatus, for each ton of coal consumed........05 Segar manufacturers, each, per annum...............$3.00 to 10.00 Street sprinkling, each tub, per month...................... 25.00 Tobacco factories, each, per annum.................$3.00 to 6.00 Telegraph and telephone battery rooms, each, per annum..............................................$5.00 to $20.00 Urinal troughs, having number of jets, each, per annum ..................................................$3.00 to 15.00CICERO WATER, GAS AND ELECTRIC LIGHT CO. 55 The above rates are for the general use of water for the purposes specified; when special fixtures are in use on any premises, the rates and conditions for such special use of water shall be the same as prescribed elsewhere for similar purposes. In all cases where any premises wholly controlled by meter, meter rates only shall apply, instead of the above enumerated rates. § 8. That the rate to be charged by §aid company for gas for use of private consumers shall not exceed two dollars for each and every one thousand cubic feet; that the price to be charged for gas used by the Town of Cicero for the lighting of streets shall not exceed one dollar and seventy-five cents for each and every one thousand cubic feet; that the rate to be charged for electricity or electrical currents shall not exceed three dollars for such quantity as shall be equal to one thousand cubic feet of gas, of twenty candle power, when measured by meter; or in case the light is contracted for by the month, the charge shall not exceed two dollars per month for each sixteen candle incandescent light, when burned not to exceed twelve hours per day, and in like proportion for lights of less or larger power. § 9. All connections with the water and gas mains of said company shall be made at the expense of consumers, and all connections with electrical conductors or main wires, whether under the ground or upon poles, shall likewise be made at the expense of consumers. § 10. The said company may make and enforce, as a part of the conditions upon which it will supply water, gas and electric light to consumers, all reasonable rules and regulations, not inconsistent with law. § 11. No person, company or corporation shall be permitted to tap or make any connection with any of the distributing water or gas pipes or electrical conductors or wires of said company, unless duly authorized in writing by said company.56 APPENDIX E. § 12. No person shall make connection or alteration with any part of the plant of said company without its written permission, and all necessary pipes, stop-cocks and iron cut-off boxes to be furnished at the expense of the consumer. The measurement of service pipes or wires shall in all cases be charged from the center of the street. * § 13. The material used for water or gas service pipes shall conform to the standard given in the rules governing plumbers and plumbing work in the City of Chicago. § 14. In case of making repairs or constructing new works, the said company shall have the right to shut off the water, gas or electricity, and to keep the same shut off as long as may be necessary to accomplish such purpose, by giving such reasonable notice thereof to consumers, as shall be practicable. §15. Said company shall, when requested by the consumer, cause a meter to be applied to any water service pipe, all meters thus required to be furnished only by said company, and at the expense of the consumer; meters may be required for all gas service pipes, said meters to be furnished only by said company, and at the expense of the consumer. § 16. Sprinkling carts and hose for sprinkling grounds, gardens, or washing windows, sidewalks, etc., shall be used only from the first day of May to the first day of November, and between the hours of six and eight a. m. and five and seven p. m. If water for such purposes be used at other hours, without permission of the company, the supply may be cut off without previous notice. Hose larger than three-fourth inch will not be permitted, except on payment of additional charge; and sprinkling without nozzle or other larger opening than one-fourth inch, is forbidden. (As amended by ordinance May 19, 1888.) ,§ 17* No person shall make an excavation in any street for the purpose of laying water or gas pipes, or electrical wires, or conduits, connecting or to connect with the pipes or wires of this com-CICERO WATER, GAS AND ELECTRIC LIGHT CO. 57 pany, nor tap any water or gas main, or water or gas service pipe, or electrical conductor, or conduit, without written permission from said company, and then done only by such person as is authorized to perform that work; and the particular person thus employed shall be named in the permit, and the company shall be responsible to the Town for the acts of such person. § 18. The Town shall not make any excavation in any street, avenue, alley or highway, within four and one-half feet of any water or gas main or pipe when the ground is frozen, without giving said company reasonable notice thereof. § 19. Neither water, gas or electricity need be furnished, except upon an order from said company, and unless the applicant shall have paid all arrearages for the special kind of services required. And plumbers are strictly prohibited from turning water or gas into any service pipe, and electricians from making any connections which afford a supply of electricity, except upon the order of said company. This rule shall not be construed to prevent plumbers from admitting water or gas to test pipes, nor electricians from using electricity to test connecting wires, and for said purpose only. § 20. Water supplied to any place of which the rates and system of measurement is not provided for by other rules, shall be estimated by said company and assessed at regular meter rates. Whenever practicable, a meter shall be required and used as a basis for such estimation. § 21. No water need be furnished to any manufacturing or other business establishments requiring a large supply of the same, unless it shall use a meter, when required by the company, which shall be furnished by said company, at the cost of the consumer. All premises supplied through meters shall be assessed on the basis of consumption, except as otherwise herein provided. The cost of repairs to meters shall be collected of, and paid for, by the consumer, with the regular water bill.58 APPENDIX E. § 22. Lawn fountains shall not he used more than six hours per day from May first to November first, except by special permission and upon payment of additional charges, and the right is reserved to suspend their use, whenever, in the opinion of the Town Superintendent, public exigencies may require it. The rate for the use of fountains, where meters are not employed, will be established according to the size of the orifice, in a thin metal plate fixed in the supply pipe of the fountain, at its junction with the main or principal pipe from which it is supplied. § 23. No owner or occupant of any building into which water is introduced will be allowed to supply water to other persons or families, except for drinking purposes, on the premises. If found so doing, the supply of water may be stopped without notice, and the amount of payment forfeited. § 24. When water is furnished to persons engaged in sprinkling streets with a sprinkling cart, they shall be permitted the use of water for street sprinkling purposes only, at schedule rates. § 25. Ten per cent, penalty may be added upon amount due for water, if not paid within thirty days after the same becomes payable. If not paid within fifteen days thereafter, the supply of water may be stopped until all arrearages and the cost of shutting off and letting on the water are paid. § 26. Ten per cent, rebate shall be allowed upon all gas and electric light bills, if paid within ten days after maturity of same. If not paid within twenty days after maturity the supply of gas and electricity may be stopped by the order of the company, until all arrearages, together with the cost of shutting off said gas, or disconnecting electrical supply wires, as well as the cost of turning on said gas and re-connecting such electrical supply wires, shall have been fully paid. § 27. That all rights, if any there be, now vested in the Town of Cicero, to any water pipes which have been laid by special as-CICERO WATER, GAS AND ELECTRIC LIGHT CO. 59 sessment, or otherwise, shall be relinquished upon settlement by said company, with the abutting property owners, or otherwise, and after payment made by said company to said abutting property owners, said water pipes shall become the property of said company. § 28. Said company shall hold and save harmless said Town from any and all costs, charges, expenses and damages resulting from its negligence or the negligence of its servants in exercising or attempting to exercise any rights herebefore given, and from all damages that shall or may arise to owners of property, because of or by reason of the passage of this ordinance, holding and keeping the Town as good financially as if this ordinance had never been passed. § 29. “Street,” as herein used shall include avenue, alley, highway, park or other public ground or place, and “person” shall include persons, firms and corporations, and the masculine shall include the feminine. § 30. This ordinance shall be in full force and effect from and after its passage, and a written acceptance of the same by the said company. Oak Park, November nth, 1887. To the Honorable the Board of Trustees of the Town of Cicero: Gentlemen—The Cicero Water, Gas and Electric Light Company hereby signifies its acceptance of the ordinance entitled “An ordinance authorizing The Cicero Water, Gas and Electric Light Company to construct, maintain and operate Water Works, Gas Works and Electric Light Works, for the purpose of supplying to the inhabitants of the Town of Cicero, County of Cook, and State of Illinois, water, gas and electric light, and defining the rights, privileges and powers of said Cicero Water, Gas and60 APPENDIX E. Electric Light Company,” passed by your Board Saturday evening, November 12th, 1887. Very Respectfully, The Cicero Water, Gas and Electric Light Company. By E. S. Conway, Vice-President. Attest: C. E. Simmons, Secretary. (Seal of Company) STATE OF ILLINOIS, Cook County, ss. The Town of Cicero. 1, Ed. S; Austin, Town Clerk of the said Town of Cicero, do hereby certify, that the above and foregoing is a true copy of a certain ordinance, entitled “An ordinance authorizing The Cicero Water, Gas and Electric Light Company to construct, maintain and operate Water Works, Gas Works and Electric Light Works, for the purpose of supplying to the inhabitants of the Town of Cicero, County of Cook and State of Illinois, water, gas and electric light, and defining the rights, privileges and powers of said Cicero Water, Gas and Electric Light Company passed by the Board of Trustees of the Town of Cicero, November 12th, 1887.” And I further certify, that the acceptance of said ordinance by The Cicero Water, Gas and Electric Light Company was filed in my office on the 19th day of November, A. D. 1887, all of which appears, by the records of said Town. And I further certify that I am keeper of the same. In witness whereof, 1 have hereunto set my hand, and affixed the seal of said Town, this 9th day of January, A. D. 1888. ( Seal of ) ED. S. AUSTIN. (The Town of Cicero.) Town Clerk, CiceroCICERO GAS5 WATER AND ELECTRIC LIGHT CO. 61 RULES AND REGULATIONS FOR THE GOVERNMENT OF WATER TAKERS. [As published by the Cicero Water, Gas and Electric Light Company in their pamphlet of 1887.] Pursuant to the authority contained in Section ten of the foregoing ordinance, the Company has established the following rules and regulations respecting the use of water: (1) All connections with the water mains of the Company shall be made at the expense of consumers. The price for tapping water mains shall be as follows: For \ inch tap................................................... $2 00 For I inch tap..................................................... 2 50 For J inch tap..................................................... 3 00 Applications for water must be made in writing by the owners of the property or their authorized agents, who must agree in said application to be responsible for the payment of all bills for water rates until the owner of the property shall give notice to the company in writing to shut off the supply of water. When paying semi-annual charges for water, parties must frankly and without concealment answer all questions put to them relating to its consumption. In case of fraudulent misrepresentation on the part of applicant, or of use of the water not embraced in the applicant’s bill, or of willful or unreasonable waste of water, the Company shall have the right to forfeit the payment therefor, and the supply of water will be stopped unless the party shall promptly pay such additional charges as the Company may properly impose. (2) Any person, company or corporation shall not be permitted to tap or make any connection with any of the distributing water pipes of the Company until after receipt by the Company of the application mentioned: in Rule one, and written permission from62 APPENDIX E. the superintendent of said Company issued to said applicant or the persons specifically named by him in such application, and no work whatever shall be done in the street or outside of a building by any plumber or other person until after the issuance of such written permit. (3) Until further orders the rates for water supply will be the maximum rates named in the foregoing ordinance. (4) Frontage and fixture rates shall be payable half yearly in advance, on the 1st of May and November of each year, and meter rates shall be payable monthly. Ten per cent, penalty will be added to any amount due for water rates if not paid within thirty da vs after the same become payable, and if not paid within fifteen days thereafter the supply of water may be stopped until all arrearages and the cost of shutting off and turning on the water are paid. (5) The material used for water service pipes shall conform to the standard given in the rules governing plumbers and plumbing work in the City of Chicago, unless authorized in writing by the Superintendent of the Company. (6) No occupant or owner of any building in which the water is introduced, will be allowed to supply water to other persons or families. If found doing so the supply of water will be stopped, and the amount of payment forfeited. (7) Whenever two or more parties shall be supplied from one pipe connecting with the distribution main, the failure on the part of any one of the said parties to comply with the rules and restrictions provided for use of water, shall authorize the company to withhold a supply of water from such main, without any liability whatsoever, and all payments shall be forfeited. (8) No addition or alteration whatever in or about any conduit, pipe or water cock, shall be made or caused to be made by persons taking the water, without notice thereof being previouslyCECERO WATER, GAS AND ELECTRIC LIGHT CO. 03 given to, and permission had in writing from the Superintendent of the Company. (9) All persons taking water shall keep their own service pipes, stop cocks and apparatus in good repair and protected from the frost at their own expense, and shall prevent all unnecessary waste of water; and it is expressly stipulated by the Company that no claim shall be made against the Company, by reason of the breaking of any service cock, service pipe, or other water apparatus. (ro) No hydrant shall be permitted in the sidewalk, or in the front area; neither will they be permitted to be kept running when not in actual use; taps at wash basins, water closets, baths and urinals, and other water fixtures must be kept closed in like manner. (11) Every person delegated for that purpose by the Company, shall have free access at proper hours of the day to all parts of every building in which water is delivered and consumed, to examine the pipe and fixtures, and to ascertain whether there is any unnecessary waste of water. (12) For a violation of any of the preceding Rules and Regulations the Company reserves the right to stop the' supply of water, without any further or preliminary notice; nor will it be restored except on payment of the expense of shutting it off and turning it on, and upon a satisfactory understanding with the party that no further cause of complaint shall arise. (13) Hose for sprinkling, washing windows, sidewalks, etc., shall only be used from the 1st of May to the 1st of November, and between the hours of six and eight o’clock in the morning, and five and seven o’clock in the evening. If used at other hours without permission of the Company, the supply may be cut off without previous notice. Hose larger than three-fourths inch will not be permitted, except upon payment of an additional charge, and sprinkling, without nozzle or through larger opening thanu APPENDIX E. one-fourth inch is forbidden. TJiis rule applies whether water is supplied through meter, or otherwise. (14) All manufacturing and other establishments requiring a large supply of water shall be required to use a meter. (15) Lawn fountains shall not be used more than six hours per day, and only from May 1st to November 1st, except by special permission and upon payment of additional charges, and the Company reserves the right to suspend their use whenever in the opinion of the Superintendent public exigency may require it. CONTRACT DATED AND FILED JUNE 25TH, 1888. This contract, made this 25th day of June, A. D. 1888, between the incorporated Town of Cicero, of the County of Cook, in the State of Illinois, of the one part, and the Cicero Water, Gas and Electric Light Company, a corporation of the State of Illinois, or the other part, Witnesseth, that whereas, an ordinance of said Town, passed November 12th, 1887, entitled, “An Ordinance authorizing the Cicero Water, Gas and Electric Light Company to construct, maintain and operate water works, gas works and electric light works, for the purpose of supplying to the inhabitants of the Town of Cicero, County of Cook, and State of Illinois, water, gas and electric light, and defining the rights, privileges and powers of said Cicero Water, Gas and Electric Light Company;” provided, among other things: “That the rate to be charged by said company for water for fire protection shall not exceed the sum of forty dollars per annum for each -and every hydrant thus used, up to the number of one hundred (100), and the sum of thirty dollars per annum for each and every hydrant in excess of one hundred, the number and location of hydrants to be thus used for fire protection to be optional with the Board of Trustees of said Town, but must be fixed and designated by contract.” Now therefore, in consideration of the mutual and dependentCICEBO WATER, GAS AND ELECTRIC LIGHT CO. 65 covenants each with the other herein entered into, the parties hereto have agreed as follows: I. The said Company will extend a ten-inch (io in.) main easterly along Lake Street, at least as far east as Central Avenue, during the summer and autumn of the year 1888, and thence along said street, or some other east and west street as far east as Hyman Avenue, during the year 1889, and will lay down supply pipes of suitable size connected) with said main pipes as rapidly as possible, not exceeding, however, ten thousand (10,000) feet in any one year. II. The said Town shall have the right to order said Company to lay supply pipe with necessary hydrants in any street co-terminous with the mains as laid or which intersect a street in which pipe of suitable size is laid, and said company will upon such service of notice of such order upon it at any time between March 1st and August 1st, lay such pipe within ninety (90) days thereafter, unless prevented by injunction, strikes or other causes beyond its control; Provided, however, that said Company shall not be so ordered to lay pipes in any street except upon the petition to the Board of Trustees of the owners of at least one building for each two hundred (200) feet of pipe to be laid and the agreement of petitioners that they will connect such building with the pipes and pay the water rates not exceeding those fixed by the ordinance hereinbefore recited for at least one year. Provided the water furnished1 by said Company to private consumers shall be suitable for domestic purposes.66 APPENDIX E. III. In connection with all pipes to be hereafter laid by said Com pany one fire hydrant with two hose connections of 2\ inches each shall be put in at all street intersections, and in all blocks of six hundred (600) feet or more in length, one hydrant shall be placed intermediate, but in no case shall such hydrants be more than six hundred (600) feet or less than three hundred (300) feet apart. IV. Said Town shall pay to said Company for each two stream fire hydrant put in or hereafter to be put in by said Company that is, or shall be within five hundred (500) feet of any dwelling house, business building, church, school house or public building in said Town, the sum of thirty dollars ($30.00) per annum, commencing on the 1st day of July in the year 1888, payable semi-annually in each year. . The said Company shall keep at all times a pressure of water of at least thirty-five pounds per square inch on the water pipes, and in case of a fire the pressure of water shall at once be increased to at least forty (40) pounds per square inch on said water pipes; Provided, however, that the said Town shall not pay for any hydrant placed on any street, in which pipes shall be hereafter laid by said Company without the order of the Town. The said Company shall furnish water for use in the town hall building for town hall purposes free of expense to the Town, the Town to make the connections when the mains are laid to Austin. V. The Company shall keep such hydrants in repair and ready for use and to ke^g.a supply of water for fire purposes, but said Company shall notlSe liable to said Town or to any person, firm or cor-CICERO WATER, GAS AND ELECTRIC LIGHT CO. 67 poration for any loss or. damage arising from the failure or defect in any such hydrant, provided it shall have exercised ordinary care and diligence to keep the same in order, and it shall in no event be liable for a failure of water supply or a defect in any fixture or machinery arising from any extraordinary accident or .casuality but it shall not be entitled to pay for any hydrant that is not in condition for use within forty-eight (48) hours after notice to said Company to repair the same during the time it is unfit for use, and said Company shall not be paid for any hydrants from which the water supply is cut off for more than 24 hours during the time that such supply is cut off. And provided, further, that for hydrants newly put in payments shall be made only for such parts of the first year as shall remain after the erection thereof. VI. In case of a failure of the said Company to keep and perforin the terms and conditions of this contract, on its part to be kept and performed, or to furnish.a water supply as mentioned herein for the space of sixty (60) days then on sixty (60) days’ notice by the Town to said Company of such failure, and a-failure of the said Company to remedy such defect within the time mentioned in said notice, then, and in that case the Board of Trustees of said Town may at its election by resolution terminate this contract. VIE This contract shall be in force for the term of fifteen: (15) years. IN WITNESS WHEREOF the said Town; of Cicero has caused these presents to be signed by its president, its seal to be hereto affixed and attested by the town clerk, and said Company has caused its corporate iname to be hereto subscribed by its68 APPENDIX E. vice-president, its corporate seal to be hereto affixed and attested by its secretary the day and year first above written. (SEAL.) OSCAR D. ALLEN, President. Attest: ED.' S. AUSTIN, Town Clerk, Cicero. THE CICERO WATER, GAS AND ELECTRIC LIGHT COMPANY, (SEAL.) By E. S. CONWAY, Vice-President. Attest: CHAS. E. SIMMONS, Secretary. CONTRACT DATED AND FILED MAY 25, A. D. 1889, AND RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF CICERO AUTHORIZING THE EXECUTION OF SAID CONTRACT. WHEREAS, An exigency having arisen which required the immediate laying of a water main easterly from Central avenue to 48th street and supply pipes in excess of the requirements of the contract now existing between the Town of Cicero and the Cicero Water, Gas and Electric Light Company, a resolution was heretofore passed by this Board, ordering the said Company to lay such main and supply pipes. AND WHEREAS, The said Company declined to comply with this order and is not compelled to comply therewith under the provisions of said contract, but notified this Board of its willingness to lay said additional water main and supply pipes provided a new contract could be made therefor and lipon condition that such new contract should be for a longer period of time than that provided for in said old contract. BE IT RESOLVED: That the Town of Cicero hereby enters into a contract with the said Cicero Water, Gas and Electric Light Company, in the words and figures following, to wit:CICERO WATER, GAS AND ELEATRIC LIGHT CO. 69 WHEREAS, The Town of Cicero on the twelfth day of November, 1887, passed an ordinance entitled, “An Ordinance authorizing the Cicero Water, Gas and Electric Light Company to construct, operate and maintain water works, gas works and electric light works, for the purpose of supplying the Town of Cicero, County of Cook and State of Illinois, water, gas and electric light,” and defining the rights, privileges and powers of- said Cicero Water, Gas and Electric Light Company; in and by which ordinance there was granted to said company, among other things, the right and privilege of laying and maintaining water pipes, with all the necessary hydrants, connections and attachments, in all the streets within the limits of said Town of Cicero, and for supplying water for domestic uses, fire protection and other purposes; the said company to have the right to charge for water supplied to private consumers at rates not to exceed the rates mentioned in said ordinance; and said ordinance also providing that the rate to be charged by said company for water for fire protection shall not exceed the sum of forty dollars per annum for each and every hydrant used up to the number of one hundred and the sum of thirty dollars per annum for each and every hydrant in excess of one hundred, the number and location of hydrants thus to be used for fire protection to be optional with the .Board of Trustees of said Town, but must be fixed and designated by contract: AND, WHEREAS, A certain contract was entered into by and between the said Town of Cicero, of the first part, and the said Cicero Water, Gas and Electric Light Company, of the second part, on the twenty-fifth day of June, A. D. 1888, which contract has been duly complied with by the said party of the second part. AND WHEREAS, The party of the second part has been already ordered by the party of the first part to lay water supply pipes in excess of the limits specified in the said contract for the year 1889; AND, WHEREAS, An exigency has arisen because of the ur-TO APPENDIX E. gent demand of the citizens of the Town of Cicero for water for fire protection and other purposes, which requires the immediate laying of a water main easterly from Central avenue to Forty-eighth streets and supply pipes in further excess of the requirements of the aforesaid contract of June twenty-fifth, 1888; AND, WHEREAS, The party of the second part declined to comply with said order and is not compelled to comply therewith under the provisions of the said contract of June twenty-fifth, 1888, but notified the said party of the first part of its willingness to lay the said additional water main and the additional supply pipes within the time and to the extent hereinafter mentioned, provided a new contract could be made for a longer period of time than that provided in the aforesaid contract of June twenty-fifth, 1888; NOW, THEREFORE, This contract made this twenty-fifth day of May, A. D. 1889, between the incorporated Town of Cicero, of the County of Cook, in the State of Illinois, of the first part, and the Cicero Water, Gas and Electric Light Company, a corporation of the State of Illinois, of the second part, WITNESSETH: That, in consideration of the sum of one dollar,in hand paid by the party of the second part to the party of the first part, the receipt whereof is hereby acknowledged, and in further consideration of the mutual and dependent covenants herein contained, the parties hereto do hereby agree as follows :— I. The said Company will extend a ten (10) inch main easterly from Central avenue, on Lake street or the street next north of Lake street, whichever the said Company may elect, and as far as Hyman avenue or 48th street, within sixt) f6o) days after.the date hereof, and will also when, required by said.Town also lay otherCICERO WATER. GAS AND ELECTRIC LIGHT CO. 71 supply pipes of suitable size in the said Town of Cicero during the summer and autumn of 1889 to the extent of fifteen thousand (15,000) feet, being five thousand (5,000) feet in excess of the amount which said Company could have been required to lay tinder the said contract of June 25, 1888; and shall lay supply pipes subsequent to the year 1889, when and as required by said Town, not to exceed ten thousand (10,000) feet in any one year, unless otherwise mutually agreed by and between the parties to this contract. II. The said Town shall have the right to order said Company to lay supply pipe with necessary hydrants in any street which intersects a street in which a main or supply pipe of suitable size is laid, and said Company will, upon such service of notice of such order* upon it at any time between March 1st and August 1st lay such pipe within ninety (90) days thereafter, unless prevented by injunction, strikes or other causes beyond its control; Provided, however, that said Company shall not be so ordered to lay pipes in any street except upon the petition to the Board of Trustees of die owners of at least one building for each two hundred (200) feet of pipe to be laid and the agreement of petitioners that they will connect such buildings with the pipes. The water furnished by said Company to private consumers shall be suitable for domestic purposes and the Company during the continuance of this contract shall have the right to charge to private consumers for water supplied for domestic purposes and for all uses aside from fire protection rates which shall not exceed the rates fixed by said ordinance, passed November twelfth, 1887.72 APPENDIX E. III. In connection with all pipes to be hereafter laid by said Com pany, one fire hydrant with two hose connections of 2,\ inches each shall be put in all street intersections, and in all blocks of six hundred (600) feet or more in length, one hydrant shall be placed intermediate, but in no case shall such hydrants be more than six hundred (600) feet or less than three hundred (300) feet apart. IV. Said Town shall pay the said Company for each two stream fire hydrant already put in, or hereafter to be put in by said Company, that is, or shall be within five hundred (500) feet 01 any dwelling house, business building, church, school house or public building in said Town, the sum of thirty dollars ($30.00) per annum, commencing on the 25th day of May, in the year 1889, payable semi-annually, on the first days of January and July in each year. ; The said Company shall keep at all times a pressure of water of at least thirty-five (35) lbs. per square inch on the water pipes, and in case of a fire, the pressure of water shall at once be increased to at least forty (40) pounds per square inch on said water pipes, provided, however, that the said Town shall not pay for any hydrant placed on any street, in which pipes shall be hereafter laid by said Company, unless so laid by the order of the Town. The said Company shall furnish water for use in the Town Hall Building for town hall purposes, free of expense to the Town; the Town to make the connections with said Town Hall at its own expense.CICERO WATER, GAS AND ELECTRIC LIGHT CO. 73 V. The Company shall keep such hydrants in repair and ready for use, and keep a supply of water for fire purposes, but said Company shall not be liable to said Town, or to any person, firm or corporation for any loss or damage arising from the failure or defect in any such hydrant, provided it shall have exercised ordinary care and diligence to keep the same in order, and it shall in no event, be liable for a failure of water supply or a defect in any fixture or machinery, arising from any extraordinary accident or casualty, but it shall not be entitled to pay for any hydrant that is not in condition for use within forty-eight (48) hours after notice to said Company to repair the same during the time it is unfit for use, and said Company shall not be paid for any hydrant from which the water supply is cut off for more than twenty-four (24) hours during the time that such supply is cut off. And Provided, further, that for hydrants newly put in, payment shall be made only for such part of the first year as shall remain after the erection thereof. VI. In case of a failure of the said Company to keep and perform the terms and conditions of this contract, on its part to be kept or performed, or to furnish a water supply, as mentioned herein for the space of sixty (60) days, then on sixty (60) days’ written notice by the Town, to said Company of such failure, and a failure of the said Company to remedy such defect within sixty days after the service upon said Company of such notice, then and in that case, the Board of Trustees of said Town, may at its election by resolution terminate this contract.74 APPENDIX E. VII. This contract shall be and remain in force for a term of twenty-nine (29) years from and after the date of its execution, and shall from and after such execution, operate to cancel and annul said former contract between the same parties of date of June 25th, 1888, provided, however, that such cancellation of said former contract shall in no manner affect any existing liability thereunder, for any sum or sums due at the date of such cancellation, for fire hydrants. IN WITNESS WHEREOF, the said Town of Cicero has caused these presents to be signed in duplicate by its president, its seal to be hereto affixed and attested by the town clerk, and said Company has caused its corporate name to be hereto subscribed by its president, its corporate seal to be hereto affixed and attested by its secretary the day and year first above written. (SEAL.) THE TOWN OF CICERO, By F. R. Schock, Pres. Attest: ED. S. AUSTIN, Town Clerk. THE CICERO WATER, GAS & ELECTRIC LIGHT COMPANY. By JAS. W. SCOVILLE, Pres. Attest: CHAS. E. SIMMONS, Secretary. (SEAL.) Be it further resolved: That the president and town clerk be and they are hereby directed to execute the said contract in the name of and on behalf of the Town of Cicero, and the town clerk is directed to affix the seal of said Town thereto.