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land for ceme.

of drains, etc.

offenses against the ordinances of the council shall be prescribed in the ordinance creating or specifying the offense to be punished, and no fine shall exceed one hundred dollars, and no imprisonment one year;

Thirty-sixth, It shall have power to purchase, for the use Purchase of of the city, so much land without the limits of the city as may tery. be required for the purpose of a cemetery, the same to be lo. cated not exceeding four miles beyond the boundary of the city;

Thirty-seventh, To provide for the appointment of such a Fire wardens. number of fire wardens as it may deem necessary, and for the examination by them from time to time of the stoves, chimneys and flues, furnaces and heating apparatus, and devices in all dwellings, buildings and structures in the city, and in all places where combustible or explosive substances are kept, and to cause all such as are unsafe with respect to fire to be put in a safe condition;

Thirty-eighth, To provide for the lighting of streets and Lighting. alleys, and the protection and safety of public lamps and lights;

Thirty-ninth, To direct and regulate the construction of cel. Construction lars, slips, barns, private drains, sinks and privies; to compel the owner or occupant to fill up, drain, cleanse, alter, relay, repair, purify, or abate any cellar, vault, slip, barn, private drain, sink, privy, lot, place or premises within the city which shall be damp, unwholesome, offensive, filthy or injurious to the public health, or be covered during any portion of the year with stag. nant or impure water, or in such condition as to produce unwholesome or offensive exhalation, or to cause the same to be done by some proper officer of the city, and to assess the expense thereof on the lot or premises specially benefited thereby, in the manner herein provided for assessments for local improvements, and when the assessment roll shall have been confirmed, the taxes so levied shall be a lien on the lands so assessed, and shall be collected in the same manner as herein provided for collecting taxes for such local improvements; Fortieth, To regulate the ringing of bells and the crying of Disturbing

noises. goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets;

Forty-first, To prescribe rules to govern undertakers for bury. Undertakers, ing the dead, to govern scavengers, porters and chimney sweeps, etc. and their compensation, and the fees to be paid by them into the city treasury for licenses;

Forty-second, To regulate the soliciting of guests for hotels, Solloiting of and passengers and others to ride upon any railroad, boat, guests. street car, omnibus or stage;

Forty-third, To fix and regulate the fees of jurors and wit- Fees of jurors, nesses in any proceedings under this act, or under any ordinance of the common council; Forty-fourth, To sell or otherwise provide for disposing of Sale of street

cleanings. all dirt, filth, manure, cleanings, or materials lying in or gathered from highways, streets, avenues, lanes, alleys and public places and all earth to be removed therefrom, or from the

scavengers,

etc.

Construction of fences, walls, etc,

Inspection of boilers, etc.

public squares and grounds of said city in grading, paving, repaving or otherwise improving the same;

Forty-fifth. To regulate the construction of partition fences, and of partition and parapet walls, the walls of buildings, the thickness of walls; to regulate the construction of chimneys, hearths, fire places, fire hearths, ovens, and the putting up of stoves, stove pipes, kettles, boilers or any structure or apparatus that may be dangerous in causing or promoting fires; to prohibit and prevent the burning out of chimneys, and chimney flues; to compel and regulate the cleaning thereof, and fix the fees therefor; to compel and regulate the construction of ash houses and deposits for ashes; to compel the owners of houses and other buildings to have scuttles upon the roofs thereof, and stairs or ladders leading to the same; to appoint one or more officers to enter into all buildings and enclosures, except private houses, to discover whether the same are in a dangerous state, and to cause such as are in a dangerous state to be put in a safe condition; to authorize any of the officers of the city to keep away from the vicinity of fires all idle or suspicious persons, and to compel all officers of the city and other persons to aid in the extinguishment of fires and the preservation of property exposed to danger there from ;

Forty-sixth, To provide for the inspection and management of stationary and portable steam boilers and steam generators; to appoint one or more inspectors of portable or stationary steam boilers or steam generators, and to prescribe and regulate their powers, duties, fees and compensation, and to license and regulate engineers and firemen of portable or stationary steam boilers or steam generators;

Forty-seventh, To restrain and regulate laying, continuing, repairing or taking up or removing any gas pipes along and across any of the streets, sidewalks, lanes, alleys and public grounds in said city;

Forty-eighth, To provide for calling meetings of electors of the city;

Forty-ninth, To regulate the weight and quality of bread to be sold and used within the city;

Fiftieth, To regulate or prohibit, and to prescribe the location and height of telephone, telegraph and electric poles and wires within the limits of Bay City, and to regulate the manner of stringing wires on the same; to regulate the business of telephoning and conducting a telephone exchange in said city, and to compel all telephone and telegraph companies and others using electric wires to place their wires in conduits under ground, and to remove the poles, wires and apparatus of any person or company, in case of their refusal or neglect to comply with the provisions of any ordinance of the common council of Bay City; to compel all persons owning, managing, operating or using wires in said city, for the purpose of conveying electrical currents or electricity for any purpose, to return such currents by aerial wiring or otherwise, so as to

Gas pipes.

Meetings of electors.

Bread.

Telephones, etc.

prevent electrolysis, and to provide for a liability by injury to public or private property from electrolysis;

Fifty-first, To require all persons, before constructing, alter- Building per ing or enlarging any building or other structure within the mits. city limits, to obtain a permit therefor; and to regulate by ordinance the terms and conditions on which such building permits shall be granted and issued;

Fifty-second, The council shall also have power, whenever Markets. it may deem necessary, to cause to be constructed a city market or markets, or other necessary public buildings, to acquire by purchase the necessary lands whereon to erect the same and to appoint the necessary officers thereof; to locate the same within or without the city limits, and to make such rules and regulations concerning the same as it may deem necessary or proper. The council may provide for erecting Hospitals, etc. and maintaining a city hospital with any eleemosynary or charitable association, and provide for the joint management and control thereof. No such public building shall be constructed unless the council shall order the same by a threefourths vote of all the aldermen elect; Fifty-third, To require transient traders and dealers and Itinerant

venders. itinerant merchants to obtain a license before engaging in business in said city, and to prescribe and regulate the terms and conditions of issuing of such license;

Fifty-fourth, To own and provide for the use of voting ma- Voting machines, and to provide for the reception, determination and chines. return of the votes cast at elections, and to regulate the manner of the use of such machines, and the conducting of the elections therewith within said city;

Fifty-fifth, The said city shall have the power to acquire, Water works. own, maintain and operate a system of water-works, also to acquire, own and maintain such real estate as it may deem requisite therefor, within or without the limits of said city;

Fifty-sixth, The council shall have power to make all such Further other by-laws, ordinances and regulations as it may deem necessary for the safety and good government of the city, and to preserve the health, and to protect the persons and property of the inhabitants thereof. Sec. 23. The concurrence of a majority of all the aldermen Vote neces

sary to pass elect shall be necessary to pass any ordinance, and no ordi- ordinances. nance granting rights, privileges or franchises to any person or corporation shall be adopted, amended or repealed without the concurrence of two-thirds of all the aldermen elect. No ordinance, when first introduced, shall be acted upon at the same meeting, but shall be referred to a committee, or other. wise laid over for at least one week, and shall be published with the council proceedings. No ordinance subjecting any person to fine and imprisonment shall take effect until it shall have been published at least six days in the official newspaper of said city.

Sec. 24. The style of all ordinances of the common council Style of orshall be, “It is hereby ordained by the common council of Bay City." And all prosecutions for offenses arising under

powers.

dinances.

moneys, how used.

to act as

To have

vision.

Oficers to take

this act or any ordinance or regulation of the council shall

be in the name of Bay City. Appoint

Sec. 25. All appointments to office shall be made by a ments, etc., how made.

majority vote of all the aldermen elect, except as herein otherwise provided, and removals from office shall be made by a like vote, except in cases where, by this act, a different vote

may be required. Certain SEC. 26. All moneys collected by the city for licenses and

permits, and all fines imposed for the violation of any ordinance, shall be placed into and constitute a part of a special fund, to be appropriated for the use and benefit of charitable

purposes, as may be directed by the common council. When council Sec. 27. The common council of said city is hereby authortownship ized and required to perform the same duties in and for said board.

city as are by law imposed upon the township boards of the several townships in this State in reference to school taxes, county and State taxes, the support of the poor, and State, district and county elections.

Sec. 28. The legislative powers of the city government are general super

hereby vested in the common council, which shall possess a general supervisory control over the officers, agents and employes of the city government; also over all boards and commissions of the city, and over the officers, agents and employes of said boards and commissions.

Sec. 29. The comptroller, treasurer, board of public works official notice and all other officers and boards of such city, shall take notice

officially of the acts and resolutions of the council and board of education, and said council and board of education shall in like manner take official notice of acts and resolutions of each other.

Sec. 30. It shall be the duty of every alderman in said city to attend the regular and special meetings of the council; to act upon committees when thereunto appointed; to order the arrest of all persons violating the laws of this State, or the ordinances, by-laws or police regulations of said city; to report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties required of him by this act.

Sec. 31. The council, except as herein otherwise provided, officers.

shall fix and determine the salary or compensation to be paid to the several officers and employes provided for in this act, or now or hereafter provided by any general law of the State, for whose salary or compensation the city is or may be made liable. The salary or compensation of all other officers and employes not herein specified shall be such sum or sums as the council shall direct. The salary or compensation of any officer or person elected, appointed or employed for a definite period of time shall not, after the election, appointment or employment of any such person, be increased or diminished for or during the period of time for which he is elected, appointed or employed, except by a two-thirds vote of all aldermen elect.

of certain acts.

Duties of aldermen.

Council to fix salaries of

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Sec. 32. The council shall have power to regulate the times Council to and manner of working upon the streets, lanes and alleys in visten up said city; to provide for the grading, graveling, paving, plank- streets and ing, macadamizing or otherwise improving the streets or alleys of said city, and to provide for the regulation and construction, building, rebuilding and repairing of all sidewalks in said, city; to provide for and regulate the establishment of the grades therefor, the kind or kinds, the manner of construction and the materials composing the construction thereof; the repairing and rebuilding of all sidewalks heretofore or hereafter built and constructed, and all other things in relation to constructing and repairing sidewalks, that the good and welfare of the people may require. The council may require that all sidewalks in said city or in certain defined districts or portions of the city shall be built and constructed of certain specified materials. It is hereby made the duty of all persons to keep in reasonable repair so that they shall be reasonably safe and convenient for public travel, all sidewalks in front of all lands or premises owner or occupied by him or them, and if any owner or pccupant of any lands or premises in said city shall neglect or refuse to keep in repair, or shall suffer to be out of repair so as not to be in condition reasonably safe and convenient for public travel, any sidewalk in front of his or their lands or premises, such owner or occupant shall be liable to the city for all damages and costs recovered from and against said city, by reason of such sidewalk being out of repair; such damages and costs may be recovered by said city in any court of competent jurisdiction with costs of suit, and the judgment recovered against said city shall be conclusive evidence of the liability of such owner or occupant to said city: Provided, That notice of the pend- Proviso. ency of any suit brought against the city for the recovery of such damages, shall be given such owner or occupant, or to the agent, if he can be found, of such owner, if such premises be unoccupied, and the owner thereof a non-resident, and he or they permitted to assist in the defense of such suit, if he or they so request.

Sec. 33. The common council shall have power to authorize Council to the running of railroads and street railways in the streets of vision of railsaid city, and may, as a condition of such use of the streets, roads and require the corporation or persons owning such railroad or ways. street railway to plank or pave so much of any street or streets so used as the council may deem just and proper; but before any railroad or street railway company shall lay any track or tracks upon any street or part of a street, such company shall procure and file with the recorder the written consent of at least three-fifths in number of the persons owning property fronting upon such streets or part of a street, that such company may lay its track or tracks thereon and operate the same. And as a further condition of the use by any railroad or street railway of any street or streets which may have been in whole or part paved, planked, or macadamized prior to such use by any railroad or street railway, the council

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street

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