Ordinances, 30 January 1843, as Published in the Wasp

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The City Council do ordain as follows:
The several sections following are declared laws and ordinances of the said , and any person who shall be guilty of any of the offences herein after mentioned, shall be subject to the penalty hereinafter to be prescribed, to be sued for and collected before the Mayor, the Municipal Court, or any Alderman of said .
There shall be appointed by the City Council of the City of bienially, the following officers for the City of , in addition to those provided for in the city charter of said , to wit: an Engineer, Market-master, weigher and Sealer of weights and measures, a Fire Warden in each Ward of the , a Sexton and a Police officer, to act under the direction of the Mayor, as captain of the Watch, and a supervisor of the streets and alleys.
Sec. 1st. No person shall keep a billiard table, pharo bank , or any other instrument of gaming, where, or on, or with which money, liquor or other articles, shall in any manner be played for, or if any person shall keep a disorderly or gaming house, such person shall for every offence forfeit and pay a penalty of twenty five dollars, and also the further penalty of twenty five dollars for every forty eight hours, during which, such person shall continue to keep the same, after the first conviction for any violation of this section.
Sec. 2. Any person or persons who shall make, and countenance, or assist in making any improper noise, riot, disturbance, or diversion in the streets, or elsewhere: and all persons who shall collect in bodies or crowds, for unlawful purposes, to the annoyance or disturbance of citizens or travellers, shall for each offence, forfeit and pay a penalty not exceeding fifity dollars, in the discretion of the Court convicting.
Sec. 3. No person shall use any abusive, indecent, or threatening words to another individual without being deemed a disturber of the peace, and shall forfeit and pay a penalty of not less than one dollar and not exceeding twenty dollars, and shall moreover be bound to keep the peace, in the descretion of the Court.
Sec. 4. If any person shall injure another by quarreling, fighting, assaulting, beating or otherwise, the person so offending shall on conviction, forfeit and pay a penalty not less than three dollars, and not exceeding one hundred dollars,and moreover may be imprisoned not exceeding six months, in the discretion of the Court convicting.
Sec. 1. No person shall place or caused to be placed, any otones [stones], timber, lumber, plank, boards, or other materials for building, in or upon any street, lane, or other public square, without a written permssion for that purpose first obtained from the Mayor or one of the Aldermen, under the penalty of two dollars for each offence, and the further penalty of two dollars for each and every forty eight hours during which the articles of materials aforesaid shall be or remain in any such street, lane, alley or public square, (without permission as aforesaid) after notice from the Mayor and Alderman, the Supervisor of streets, or any Police officer, to remove the same.
Sec. 2. The Mayor, or any of the Aldermen, are authorised to grant to any person permission in writing to place and keep any building materials in any of the public streets, for a period not exceeding four months, but such permission shall not authorise the obstructing of more than one half the side walk, and one half the street, on the side next the lot on which a building is to be or being erected, by the person to whom such permission is granted, and such permission may be revoked at any time by the City Council, in their discretion.
Sec. 3. Every person to whom permission is granted as aforesaid, shall cause all the timber, building materials, and rubbish arising therefrom, to be removed from the street by the expiration of the time limited in such permission, as aforesaid under the penalty of one dollar for every forty eight hours the timber, materials or rubbish aforesaid shall be and remain in such street after the expiration of the time limited in the permission granted, but no single recovery shall exceed the sum of twenty five dollars.
Sec.4. All ornamental or shade trees hereafter placed or set out in any street, shall be placed within one foot of the outer line of the side-walk of such street, under the penalty of five dollars for each offence, and the further penalty of one dollar per each week any such tree shall be suffered to remain contrary to the prohibition contained in this section.
Sec. 5. All side walks in said shall be at least eight feet in width where the streets are three rods wide, but where the streets shall exceed that width, ten feet shall be the width.
Sec. 6. Any person who shall injure or tear up any prominent side or cross walk, drain or sewer or any part thereof, or who shall dig any hole, ditch, or drain in any street, without due authority, or who shall hinder or obstruct the making or repairing any pavement, side or cross walk, which is or may be making under any law or resolution of the City Council, or who shall hinder or obstruct any person employed by the City Council, or the supervisor of streets or the person employed by them in making or repairing any public improvement or work ordered by the City Council, shall for every offence, forfeit and pay a penalty of ten dollars.
Sec. 7. No person shall cast or throw or cause to be cast or thrown into any of the drains or sewers within the any straw, shavings, wood, stones, shells, rubbish, or any filthy or other substances, or any obstructions, nuisance or injury to the same, by diverting or stopping the course thereof, or otherwise, under a penalty not exceeding ten dollars, nor less than one dollar for every offence, in the discretion of the court convicting.
Sec. 8. No person shall without permission from the City Council, dig, remove, or carry away or cause the same to be done, any stone, earth, sand, or gravel from any public street, highway, alley, or public ground in this , under the penalty of five dollars for each offence.
Sec. 1. No person shall throw, place, or deposite, or suffer any person in his or her employ to place or deposite any dead animal carrion, putrid meat, or fish, or decayed vegetables, or nuisances of any kind in any street, alley, public square, in said , any person who shall violate any of the prohibitions contained in this section, shall for each offence forfeit and pay a penalty of two dollars.
Sec. 2. No owner or occupant of any lot or tenement in said , shall cause or permit any nuisance to be or remain in or upon the said lot or tenement or between the same and the centre of the street and joining, upon the pain of forfeiting the penalty of two dollars for each and every twenty four hours during which the same nuisance shall be or remain on the same lot or tenemant or on such part of the streets adjoining as aforesaid, but no single recovery shall exceed the sum of twenty five dollars.
Sec. 3. Every butcher or other person immediately after killing any beeves, calves, sheep, or other animals shall destroy the offal, garbaze, and other offensive and useless parts thereof, or carrying the same into some place where the same shall not be injurious or offensive to the inhabitants under penalty of twenty dollars for every offence.
Sec. 4. Whenever any dead carcass, putrid or unsound meat of any kind, fish, hides or skins of any kind or any other putrid or unsound substance, shall be found in any part of the , it shall be the duty of Supervisors of streets to cause the same to be destroyed or to be disposed of in such other manner as may be equally secure as regards the public health. And if any person shall resist the Supervisors of streets in the execution of the duties hereby imposed, or shall disturb, hinder, molest, or resist him or any person or persons by him employed in the execution thereof, such offender shall forfeit the penalty of twenty five dollars.
Sec. 4. It shall be the duty of the Supervisors of streets to cause any stagnant waters to be drained off or removed from any lot or out of any street or other place within said and he is hereby authorized to call upon such persons as owe road labor to assist him therein, and also to abate or remove every nuisance whatever within the .
Sec. 5. It shall be the duty of the supervisor of streets to refer to the City Council with respect to any other nuisances that may exist in the , such as may be caused from vats, pits, or pools of stationary water, whether from tanners, skinners, dyers, or other persons, as he may deem injurious or dangerous to the public health: for their order thereon and shall carry the order of the City Council into effect in the premises.
Sec. 1. No pipe of any stove or Franklin shall be put up unless it be conducted into a chimney made of brick or stone, except when the Mayor or any Alderman shall deem it equally safe if otherwise put up, to be certified under his hand.
Sec. 2. It shall be the duty of the fire Wardens of each Ward to examine carefully under the direction of the City Council any cause from which immediate danger of fire may be apprehended and to remove or abate with the consent of the Mayor or any Alderman (in case of neglect or refusal of the owner or occupant) any cause from which danger [p. [1]] apprehended and to cause all buildings, chimneys, stoves, pipes, hearth stones, boilers, ash-houses, and apparatus usual in any building, which shall be found in such condition as to be considered unsafe to be without delay, at the expence of the owner thereof, or occupant thereof, put in such condition as not to be dangerous in causing or promoting fires.
Sec.3. If any person shall obstruct or hinder any person under the direction of the Warden aforesaid, in the performance of his duty under the preceding section, such person shall, for every such offence, forfeit the penalty of twenty five dollars.
Sec. 1. Be it ordained by the City Council of the city of , that there be established in said a night watch or patrol to be composed of the Captain of the Police and such watchmen as may, from time to time, be appointed by the City Council, and who shall be governed by such laws and regulations, and endowed with such powers and authority as may be given or imposed upon them by the City Council.
Sec. 2. It shall be the duty of the Captain of the Police to keep a general superintendance of the watch; direct the manner of keeping watch, and the times and rounds of the watchmen; and to perform such duties as are necessary and proper for the discharge of his duty and office; he shall keep a register of the watchmen and have a house or building for the use of the same, and shall appoint a Lieutenant who shall discharge his duties in his absence.
Sec. 3. To the said watch shall be entrusted the peace and safety of the during the night, and they shall arrest all persons who may be found in said at unusual hours and under suspicious circumstances, and bring such person or persons before the Captain of the Police, who may, in his discretion, detain such person or persons until such time as the Mayor or some Alderman can examine into the nature of the charges against him or them; they shall also stop all riotous or improper noises during the night, and may arrest offenders as aforesaid and exercise such a discretion in preserving the peace and quiet of the as may be proper and salutary, and for such or other services there shall be allowed them such reasonable compensation as the Council may agree upon.
Sec. 1. All persons keeping fresh meat or fish in this , shall at all times keep the building in which such meat or fish is exposed for sale, clean and free from any disagreeable smell; and any person neglecting to comply with this or the next succeeding section, shall for each offence forfeit and pay the sum of five dollars.
Sec. 2. It shall be the duty of the supervisor of streets to inspect the state of all places within this , in which fresh meat or fish is exposed for sale, once in each month, between the first of November and the first of April, and once in each week between the first of April, and the first of November, and if he shall find the foregoing section to be not complied with, he shall order the said buildings to be cleared; and it shall be the duty of the person or persons in charge of said building or buildings, to facilitate such examination, and when directed as aforesaid, to cause such place or places to be cleansed and put in a healthy condition.
Passed January 30th 1843.
, Recorder. [p. [2]]