Ordinances, 30 January 1843

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Laws & Ordinances of the City of .
The City Council do Ordain as follows:
The several sections following are declared Laws & Ordinances of the said , and any Person who shall be guilty of any of the offences hereinafter mentioned shall be subject to the penalty hereinafter to be prescribed to be sued for & collected before the Mayor, the Municipal Court, or any Alderman of said .
Of City Officers.
There shall be appointed by the City Council of the City of , biennially, 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 & sealer of weights & measures, a fire warden in each Ward of the , a Sexton, & a police Officer to act under the direction of the Mayor as Captain of the Watch, & a supervisor of Streets and Alleys.
First Division.
Sec. 1. Of the preservation of good Order.
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 & pay a penalty of twenty five dollars, & 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, aid, Coun [p. 151] countenance, or assist in making any improper noise, Riot, disturbance, or diversion in the Streets, or elsewhere, & all persons who shall collect in bodies or crowds, for unlawful purposes, to the annoyance or disturbance of Citizens or travellors, shall for each offence forfeit & pay a penalty not exceeding fifty 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, & shall forfeit & pay a penalty of not less than one dollar & not exceeding twenty dollars, and shall moreover be bound to keep the peace in the discretion of the Court.
Sec. 4. If any person shall injure another by quarrelling, fighting, assaulting, beating, or otherwise, the person so offending shall on conviction forfeit & pay a penalty not less than three dollars, & not exceeding one hundred Dollars, and moreover may be imprisoned not exceeding six Months, in the discretion of the Court convicting.
Second Division.
Sec. 1. Of Streets and Alleys.
No person shall place or cause to be placed, any Stones, timber, lumber, plank, boards, or other materials for building, in or upon any Street, lane, Alley, or public Square, without a written permission for that purpose first obtained from the Mayor, or one of the Aldermen, under the penalty of two dollars for each offence, & the further penalty of two dollars for each & every forty eight hours during which the articles or materials aforesaid shall be or remain in any such Street, lane, Alley, or public Square, (without permission as aforesaid,) after notice from the Mayor, any Alderman, the supervisor of Streets, or any police officer to remove the same.
Sec. 2. The Mayor or any of the Aldermen, is authorized to grant to any person permission in writing to [p. 152] to place & keep any building materials in any of the public Streets, for a period not exceeding four months, but such permission shall not Authorize the obstructing of more than one half the side walk, & 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, & 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, & 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 limitted 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, & the further penalty of one dollar for 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 pavement 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 [p. 153] 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 him in making or repairing any public improvement, or work ordered by the City Council, shall for every offence forfeit & 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 in or 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.
Third Division.
Sec. 1. Nuisances.
No person shall throw, place, or deposit, or suffer any person in his or her employ to place or deposit 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 in said , shall cause or permit any nuisance to be or remain in or upon the same lot or tenement or between the same & the centre of the street adjoining, upon the pain of forfeiting the penalty [p. 154] 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 , or on such part of the Street 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, garbage, & other offensive & useless parts thereof, or convey the same into some place where the same shall not be injurious or offensive to the inhabitants, under a 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 Supervisor 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, & if any person shall resist the Supervisor of Streets in the 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. 5. It shall be the duty of the supervisor 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 labour to assist him therein, & also to abate or remove every nuisance whatever within the .
Sec. 6. It shall be the duty of the supervisor of Streets to report 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, & shall carry the Order of the City Council into effect in the Premises. [p. 155]
Fourth Division.
Of the prevention of Fires.
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 where 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, & 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 may be apprehended, & to cause all buildings, chimneys, Stoves, pipes, hearths, ovens, boilers, Ash houses, & apparatus used in any building which shall be found in such condition as to be considered unsafe, to be without delay, at the expense 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.
Fifth Division.
Of the City Watch.
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 a Captain of the police & such watchmen as may from time to time be appointed by the City Council, & who shall be governed by such laws & regulations, & endowed with such powers & authority as may be given or imposed upon [p. 156] 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, & the times & Rounds of the Watchmen; & to perform such duties as are necessary & proper for the discharge of his duty & office; he shall keep a Register of the Watchmen, & have a house or building for the use of the same, & shall appoint a Lieutenant who shall discharge his duties in his absence.
Sec. 3. To the said Watch shall be intrusted the peace & safety of the during the night, & they shall arrest all persons who may be found in said at unusual hours & under suspicious circumstances, & 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, & may arrest offenders as aforesaid, & exercise such a discretion in preserving the peace & quiet of the as may be proper & salutary; & for such or other services there shall be allowed them such reasonable compensation as the Council may agree upon.
Sixth Division.
Public Market.
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 & free from any disagreeable smell; & any Person neglecting to comply with this or the next succeeding Section, shall for each offence forfeit & 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 [p. 157] each Month, between the first of November & the first of April, & once in each week between the first of April & the first of November, & if he shall find the foregoing Section to be not complied with, he shall Order the said buildings to be cleansed; & it shall be the duty of the Person or Persons in charge of said building or buildings, to facilitate such examination, & when directed as aforesaid, to cause such place or places to be cleansed and put in a healthy condition.
passed Jan.y. 30th. 1843.
Joseph Smith, Mayor.
, Recorder. [p. 158]