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Defaulters not eligible to office.

To audit claims.

When claims not allowed.

Claims to be presented within six months.


SEC. 18. No person shall be elected or appointed to any office created by this act, who is now or may hereafter be a defaulter in any official position, and if any person holding any such office shall become a defaulter while in office, the said office shall thereby become vacant.

SEC. 19. The council shall audit and allow all claims and accounts chargeable against the city, but no account or claim on contract shall be allowed, unless it shall be accompanied with an affidavit of the person rendering it, to the effect that he verily believes that the services or property therein charged for have been actually performed or delivered to the city, that the sums charged therefor are reasonable and just, that to the best of his knowledge and belief no set-off exists or payment has been made on account thereof, except such as are endorsed thereon or referred to in such account or claim. Every such account shall exhibit in detail all the items making up the amount claimed and the true date of each.

SEC. 20. No claim against said city for damages growing out of the negligence or default of said city, or of any officer or employe thereof, shall be audited or allowed, unless it shall be accompanied with an affidavit of the person sustaining such damages, stating the time and place at which, and the cause and manner of sustaining such damage, and the facts connected therewith, and the witnessess, if any, present when such damage or injury was received or sustained; and in all claims for damages in consequence of any personal injury, such affidavit shall also state the name of the attending physician, if any, the amount of money, if any, expended for medical attendance, the loss of time and the value thereof, and shall fully describe the nature and extent of the injury received, and the amount of compensation claimed by reason of such damage or injury.

SEC. 21. All claims for damages against the city, growing out of the negligence or default of said city or of any officer or employe thereof, shall be presented to the council in the manner above provided within six months after such damage has been sustained or injury received, and in default thereof shall thereafter be forever barred.

SEC. 22. In any action in any court on any claim whatsowhat to show. ever, the claimant shall be required to show that such claim has been duly presented in the manner hereinbefore provided to the council of said city for audit, investigation and allowance, and that said council has had reasonable time to investigate and pass upon it before the bringing of such action.

Mayor may nominate certain officers.

SEC. 23. Between the twentieth day of April and the first day of May in the year nineteen hundred three, and annually thereafter, and whenever a vacancy shall occur, the mayor shall nominate a suitable person to fill each of the following offices: city attorney, three members of the board of review, chief of police, who shall also be overseer of the poor; and superintendent of water department, who shall also be chief of the fire department, and street commissioner; and

such other officers as may be necessary to carry into effect the powers herein granted and as the council may from time to time direct. The same person may be nominated to fill the office of chief of police and superintendent of the water department. The council, a quorum being present, shall thereupon Council to proceed to act upon such nominations, and a vote shall then be vote on. taken on each of said nominations and the persons receiving the votes of a majority of the council elect shall be declared duly confirmed; those not receiving such votes shall be declared rejected. The mayor may renominate those rejected or may submit the names of other persons, whereupon the same proceedings shall be had as aforesaid, until such offices are filled. The mayor may suspend any of the officers named How mayor may suspend. in this section for good cause on filing a statement of his reasons for so doing in the office of the recorder, provided that the council, at its next meeting, shall approve of such suspension in the manner in this act provided.


SEC. 24. In addition to the other powers and duties herein May enact conferred upon it, the council shall have power to enact, make, continue, establish, modify, amend and repeal such ordinances, by-laws and regulations as it may deem advisable within said city for the following purposes:

public peace.

First. To restrain and prevent vice and immorality, gamb- Relative to ling, noise and disturbances, indecent or disorderly conduct or assemblages, and to punish for the same, and to preserve peace and good order, prevent and quell riots, to protect the property of the corporation and of its inhabitants, and of any association, public or private corporation, or congregation therein, and to punish for injuries thereto, or for unlawful interference therewith;

Second. To apprehend and punish vagrants, drunkards, Vagrants. truants, disorderly persons and common prostitutes;

houses, etc.

Third. To restrain, prohibit and suppress all disorderly Disorderly houses and places, houses of ill fame, assignation houses, gambling houses, and all places where persons resort for gambling, or to play games of chance and to punish the keepers, inmates and frequenters thereof;


Fourth. To license, regulate and restrain billiard rooms, Billiard rooms, bowling alleys or tables, and ball alleys; to prohibit and suppress every species of gaming, and to authorize the seizure. and destruction of all instruments, devices and material used for the purpose of gaming;

Fifth. To license and regulate saloons and other places Saloons. where spirituous, intoxicating, malt, brewed, or fermented liquors are sold or kept for sale, and to prohibit the establishing and maintaining of any such saloon or place within one block of any church, public school building or public fair grounds;

Sixth. To license, regulate, restrain and prohibit all sports, Exhibitions. exhibitions of natural or artificial curiosities, caravans, cir

cuses, menageries, theatrical exhibitions, shows and all exhi

Auctions, etc.




bitions of whatever name and nature for which money or other reward is in any manner demanded or received;

Seventh. To license and regulate auctions, sales at auction and auctioneers, to license and regulate the sale of live or domestic animals at auction upon the streets or alleys, or upon any public grounds of the city, to regulate and license the sale of goods, wares, property or anything at auction, or any manner of public bidding, or offerings by buyers or sellers after the manner of auction sales; to regulate the fees to be paid by and to auctioneers; but no such license shall be required in case of sale required by law to be made at auction or public vendue; to license and regulate transient traders and dealers; to license and regulate hucksters, hawkers and peddlers, and to license and regulate the sale or peddling (directly or by canvassing, for subscription), of goods, wares, merchandise, refreshments or any kind of property or thing, by persons going about from place to place in the city for that purpose, or from any stand, cart, vehicle, or other device in the streets, highways or in and upon the wharves, places or spaces, stores, offices and business blocks and places, public grounds or buildings in said city: Provided, That the provisions of this subdivision shall not apply to farmers selling the produce raised on their own farms; to license and regulate junk dealers and dealers in second-hand goods and merchandise and other business; to license and regulate pawnbrokers (whoever loans money on deposit or pledges of personal property, or who purchases personal property or choses in action, on condition of selling the same back again at a stipulated price, is hereby defined and declared to be a pawnEmployment broker); to license and regulate employment agencies and offices, intelligence offices, labor bureaus, and all persons whose business it is to find employment for others for hire or reward, to require references and bonds to be given by every person, company, corporation or association engaging in such business, before the same shall be licensed, in order that the public and persons dealing with such offices and agencies may be protected; to license and regulate all bill posting, putting up of advertising signs or matter, and the distributing of such matter in the city, to license and regulate chimney sweeps, cleaners of chimneys and chimney flues, to regulate and fix their compensation, and the fees to be paid by them for licenses;


Vending of

Eighth. To regulate the vending of meats, poultry, vegefood products. tables, fruit, fish, flour, meal, salt, milk and all other food or food products, and all kinds of groceries and provisions, sold at wholesale or retail, in packages or otherwise, and to prescribe the time, manner and place for selling the same; to prohibit, prevent and suppress the sale of every kind of nauseous, unsound or unwholesome meat, poultry, vegetables, fruits, fish, flour, meal, salt, milk and all other food or food products, and all kinds of provisions sold at wholesale or retail; to punish all persons who shall sell the same or offer or keep the same

for sale: Provided, That nothing herein contained shall au- Proviso. thorize the council to prohibit any farmer from selling without a license the produce of his own farm within said corporate limits; Ninth. To regulate, abate and remove nuisances of every Nuisances. kind and to compel the owner or occupant of any grocery, tallow chandler's shop, butcher's stall, soap factory, tannery, stable, privy, hog-pen, sewer, or other offensive or unwholesome structure, house or place, to cleanse, remove or abate the same from time to time as often as it may deem necessary for the health, comfort and convenience of said city;


Tenth. To direct the location of slaughter houses, markets Slaughter and buildings for the storing of gunpowder and other combustible and explosive substances;

Eleventh. To regulate, restrain and prohibit the buying, Explosives. carrying and selling gunpowder, fire crackers or fireworks manufactured and prepared therefrom, or other combustible materials, the exhibition of fireworks and the discharge of firearms, and lights in barns, stables and other buildings, and to restrain the making of bonfires in streets, yards and public grounds;

Twelfth. To prevent the encumbering of streets, sidewalks, Sidewalks. cross-walks, lanes, alleys, bridges, acqueducts, wharves or slips in any manner whatever; to determine and designate the Railroads. route and grades of any railroads to be built in said city and to regulate the use of locomotives, engines, and cars upon the railroads within said city; to prescribe and fix the rate of speed at which locomotives, engines, and cars may be run upon the railroads within the limits of said city;

Thirteenth. To prohibit or regulate bathing in any public Bathing. waters or in any open or conspicuous place, and any indecent exposure of the person in the city;

Fourteenth. To provide for the issuing of licenses to the Dogs. owners and keepers of dogs, and to compel the owners and keepers thereof to pay for and obtain such license and to authorize the killing of dogs not so licensed, and to regulate and prevent the running at large of dogs;


Fifteenth. To prevent any person from bringing or deposit- Offensive ing within the limits of said city any dead carcass or other unwholesome or offensive substance, and to require the removal and destruction thereof, if any person shall have on his premises such substance, or any putrid meats, hides and skins of any kind, and on his default to authorize the removal and destruction thereof as a public nuisance, or by some offi.cers of the city;

Sixteenth. To compel all persons to build sidewalks in front Sidewalks. of premises owned or occupied by them, and to require such persons to keep the same in repair and clear from snow, ice, dirt, wood or obstructions;

Seventeenth. To prevent and punish horse racing and im- Driving, etc. moderate driving in any street, and to authorize the stopping

Public houses.


Numbering of buildings.




Salubrity of waters.



Grades of streets.

Duties of officers.

Bonds, etc

and detaining of any person who shall be guilty of immoderate driving or riding in any street; to require any horse or mule attached to any vehicle, or standing in any of the streets, lanes or alleys of said city to be securely fastened, watched or held;

Eighteenth. To regulate and license taverns and houses of public entertainments, and all saloons, restaurants and eating houses;

Nineteenth. To license and regulate all vehicles of every kind used in the transportation of any person or property for hire in the city;

Twentieth. To provide for and regulate the numbering of buildings upon the streets and alleys, and to compel the owners or occupants of buildings to affix numbers on the same;

Twenty-first. To make regulations for the lighting of the streets and alleys and the protection and safety of public and street lamps and lights;

Twenty-second. To regulate the placing and using of all telegraph, telephone, electric light poles and wires; to regulate and license telephone companies, telegraph companies, electric light companies, gas companies and to prescribe certain rules for the regulation thereof; the council shall have power in granting any franchise whatever to any individual, individuals, corporation, association or company, to reserve the right to impose and collect reasonable annual license fees; Twenty-third. To preserve the salubrity of the waters of Mona lake and other waters within the city; to prohibit the depositing therein of all filthy and other matter tending to render said water impure, unwholesome or offensive; to fill up all low grounds, lots covered or partially covered with water, or to drain the same as may be deemed expedient; and to regulate the cutting of ice in Mona lake; and to prohibit and prevent by sufficient penalty, the cutting and vending of impure ice from said waters or elsewhere within said city;

Twenty-fourth. To provide for public parks and squares, make, grade, improve and adorn the same, and all grounds in said city, belonging to or under the control of said city, and to control and regulate the same consistently with the purposes and objects thereof.

Twenty-fifth. To provide for taking the census of the inhabitants of said city as it may see fit, and to direct and regulate the taking of the same;

Twenty-sixth. To establish a grade for streets and sidewalks, and to cause the same to be constructed in accordance therewith;

Twenty-seventh. To prescribe the duties of all officers appointed by the council, not otherwise herein provided for, and their compensation, and the penalty for failing to perform such duties;

Twenty-eighth. To prescribe all bonds and sureties to be given by the officers of the city for the discharge of their

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