To enforce

to punish them and generally to prescribe and enforce all police regula such police regulations over and in respect to the public

tions.

Authority relative to parks, etc.

Signs, awnings, posts and poles.

City may own and operate lighting plant.

May issue

bonds therefor.

Proviso.

Further proviso.

streets as may be necessary to secure the good order and safety of persons and property in the lawful use thereof, and to promote the general welfare. And in addition to all the powers herein granted, the council shall have the same authority and powers over and in respect to the public streets, alleys, parks and places as are conferred by law upon highway commissioners in townships.

SEC. 41. The council shall have the power to regulate and prohibit the use, display, the placing of signs, advertisements, banners, awnings, awning posts, telegraphs, telephone and electric light poles and other things upon, in, over, above or across streets, sidewalks, crosswalks, alleys and public grounds of said city, and to regulate and prohibit the construction and use of openings in the sidewalks, and of all vaults, structures, and excavations under the same, and to prohibit and prevent obstructions, incumbrances or other things or nuisances upon the sidewalks of said city.

SEC. 42. It shall be lawful for the city of Muskegon to purchase, or to construct and to operate and maintain an electric or other lighting plant, for the purpose of supplying the city and the inhabitants thereof with proper lights; for municipal, domestic and other purposes. It may borrow on the faith of the city, not to exceed seventy-five thousand dollars, and issue its bonds therefor, to be used for such purposes and for no other purposes. No limitation in this act contained as to the amount of the bonded indebtedness of said city shall apply to bonds which may be issued under the provisions of this section. Such bonds shall be signed by the mayor and countersigned by the recorder, and issued in such denominations as the council shall direct. They shall run for a period not exceeding twenty years and shall bear interest at a rate not to exceed four per cent per annum, and shall be sold under the direction of the council for not less than par value: Provided, That nothing in this section contained, shall be construed to authorize the incurring of any bonded indebtedness on the part of the city, unless the qualified electors of said city voting on such question at any regular election, or special election called for such purpose, shall have authorized the incurring of the same by a majority of their votes cast upon such question. Provided further, That in case such a plant shall be established there shall, at the time of the establishing thereof, be created a sinking fund for the purpose of paying the principal of the bonded debt for the purpose of constructing such plant; and from the revenue received from the users of such lights a certain fixed amount, to be determined by the council, shall be paid into such sinking fund at regular stated periods to be fixed by the council. And there shall also be paid into such sinking fund, annually,

from the contingent fund of said city, a certain amount to be determined by the council. Such sinking fund shall be kept inviolate and be used for the payment of the principal of said bonded debt and for no other purpose.

fix rates,

SEC. 43. The council shall fix and determine the rates to Council to be paid by users of electric lights, and the terms and the con- make rules, ditions on which lights or lighting shall be supplied by said etc. city. Said rates shall be paid to the treasurer of said city, at such time or times, according to the terms and conditions aforesaid, as the council may determine, and shall be credited by said treasurer to the proper fund of said city. The council shall make all needful rules and regulations for the government of said electric lighting plant and department and the guidance of its officers, agents, and employees, and for the collection of electric lighting rates.

security.

SEC. 44. The council may require any person or persons city may hold applying to the city, or the director of the poor, for aid, who property as shall own any property, either personal or real, to give security upon such property for the repayment of any moneys or property which may be paid or turned over to him or them. Said city of Muskegon is hereby authorized and empowered to receive and hold, as security or otherwise, any property, either personal or real, which may be pledged or conveyed to it in accordance with the provisions of this section.

TITLE VIII.

ORDINANCES AND THEIR ENFORCEMENT.

SECTION 1. The style of all ordinances shall be, "the coun- Style of. cil of the city of Muskegon ordain," etc. All ordinances shall Majority vote. require for their passage the concurrence of a majority of all

the aldermen elect; the time when any ordinance shall take when to take effect shall be prescribed therein; such time, when by the effect. terms of the ordinance a penalty is imposed, shall be not less than ten days after its first publication; all process for the enforcement of any ordinance of said city shall be "in the name of the people of the State of Michigan.”

SEC. 2. Every ordinance shall be written or printed in a Relative to plain or legible manner, before the same shall be passed by passage. the council, but no ordinance shall be adopted by the council at the same meeting at which it is proposed, except by unanimous consent of all the aldermen then in office, and after any ordinance is adopted by the council it shall be approved and signed by the mayor, and in his absence from the city by the president pro tem. Such ordinance shall become operative without the approval of the mayor, unless he shall, within ten days after its passage, lodge in the office of the recorder his reasons in writing why the same should not go into effect;

To be recorded and filed.

Publication of.

Proof of publication.

Prima facie evidence.

Judicial notice.

Violation of ordinance, penalty for.

Costs of prosecution.

Penalties, etc., how recovered.

in which case, it shall not become operative until it shall again be submitted to the council and receive the affirmative vote of two-thirds of all the aldermen elect.

SEC. 3. All ordinances, when approved by the mayor, or when the said ordinances have become operative without the approval of the mayor, shall be immediately filed in the office of the recorder, who shall record the same in a separate book to be kept for that purpose, to be known as the "book of ordinances of the city of Muskegon." It shall not be necessary to enter any ordinance at length in the minutes or journal of the council, but reference may be had thereto by its title, in regard to all action upon the passage thereof.

SEC. 4. Within ten days after the passage of any ordinance, the same shall be published in some newspaper printed and circulated within the city, and such publication shall be continued in such paper for two successive weeks. Proof of the requisite publication of any ordinance, resolution or other proceeding of the council may be made by the affidavit of a printer or publisher of any paper in which the same has been published, and such affidavit, when duly filed with the recorder, shall in all cases, courts and proceedings, be prima facie evidence of the legal publication of such ordinance, resolution or other proceeding. All copies of the ordinances of the council purporting to have been printed and published by its authority, shall in all courts and proceedings be received as prima facie evidence thereof, and of their legal enactment and publication.

SEC. 5. In all courts having authority to hear, try and determine any matter or cause arising under the ordinances of said city, and in all proceedings relating thereto, judicial notice shall be taken of the enactment, existence, provisions and continuing force of such ordinances.

SEC. 6. When by the provisions of this act, the council has authority to pass ordinances for any purposes, it may prescribe fines, penalties and forfeitures not exceeding five hundred dollars, or imprisonment not exceeding three months, or both, in the discretion of the court, together with the costs of prosecution for each violation of any such ordinance, and may provide that the offender on failing to pay any such fine, penalty or forfeiture, and the costs of prosecution may be imprisoned in the county jail of Muskegon county, in the jail, workhouse or house of correction of said city, or the Detroit house of correction for a term not exceeding ninety days.

SEC. 7. The costs of prosecution that may be imposed, under the provisions of the preceding section, shall be the same as those fixed by law in justice courts, in criminal cases.

SEC. 8. Whenever a pecuniary penalty or forfeiture shall be incurred for violation of any ordinance, and no provision shall be made for the imprisonment of the offender upon con

viction thereof, such penalty or forfeiture may be recovered in an action of debt or assumpsit. Whenever a corporation shall incur a penalty or forfeiture for a violation of any ordinance the same may be sued for in one of the actions aforesaid.

SEC. 9. Any action for the recovery of a penalty or for- Idem. feiture for the violation of any ordinance shall be brought in the name of the city of Muskegon, and may be commenced by summons. The form, time of return, and service thereof, the pleadings and all proceedings in the cause, shall, except as otherwise provided herein, conform to and be the same, as near as may be, as in like actions for the recovery of penalties for violations of the laws of the State. Upon rendition of judgment against the defendant, execution shall issue forthwith, and except when against a corporation, shall require that, if sufficient goods and chattels cannot be found to satisfy the same, the defendant be committed to the county jail of Muskegon county, the jail, workhouse or house of correction of said city, for a period not exceeding ninety days, unless execution be sooner paid, or he be discharged by the due course of law.

how com

SEC. 10. Prosecution for violation of the ordinances of Prosecutions, said city may also in all cases, except against corporations, menced. be commenced by a warrant for the arrest of the offender; such warrant shall be in the name of the people of the State of Michigan, and shall set forth the offense complained of, and be substantially of the form and be issued upon complaint made as provided by law in criminal cases cognizable by jus tices of the peace; and the proceedings relating to the arrest Proceedings. and custody of the accused during the pendency of the suit, the pleadings and all proceedings upon the trial of the cause and in procuring the attendance and testimony of witnesses, and the rendition of judgment and execution thereof, and the enforcement of the same shall, except as otherwise provided by this act be governed by and conform, as nearly as may be, to the provisions of law regulating the proceedings in criminal cases cognizable by justices of the peace.

SEC. 11. If the accused shall be convicted, the court shall Judgment render judgment thereon and inflict such punishment, either and costs. by fine or imprisonment, or both, not exceeding the limit prescribed in the ordinance violated, as the nature of the case may require, together with such costs of prosecution as the court shall order.

jail.

SEC. 12. The city of Muskegon shall be allowed the use Use of county of the county jail of Muskegon county for the confinement of persons liable to imprisonment under the ordinances thereof. or under any of the provisions of this act, and the sheriff or other keeper of such jail shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged.

Setting forth

ordinance in complaint.

Statement.

Appeal from judgments.

Fines, etc.,

SEC. 13. It shall not be necessary in any suit, proceeding or prosecution for the violation of any ordinance of the city, to state or set forth such ordinance, or any provision thereof, in any complaint, warrant, process or pleading therein; but the same shall be sufficiently set forth or stated by reciting its title and the date of its passage or approval, and it shall be a sufficient statement of the offense or cause of action in any such complaint or warrant, to set forth substantially with reasonable certainty, the time and place, the act or offense complained of, and to allege the same to be in violation of an ordinance of said city, referring thereto by its title and the date of its passage or approval.

SEC. 14. In all prosecutions, and in all suits to which the city shall be a party, brought to recover any penalty or forfeiture for violation or breach of any ordinance, and in any suit commenced by summons, warrant or other process, to which the city shall be a party, brought in justice court, the like proceedings shall be had thereon, except as herein otherwise provided, and the judgment rendered therein may be appealed from in like manner as in similar cases tried before justices of the peace, except that the city of Muskegon shall not be required to give any bond.

SEC. 15. All moneys collected for fines, penalties or fordisposition of. feitures or judgments, shall be paid into the city treasury to be disposed of as the council shall direct. Justices of the peace receiving any such fines and neglecting or refusing to pay over the same within thirty days thereafter, shall be deemed guilty of a misdemeanor and shall be punished accordingly.

Process, who may serve.

Fiscal year.

Council may raise money.

SEC. 16. All process issued by any justice of the peace to enforce any of the ordinances of the said city shall be directed to the chief of police of the city of Muskegon, or any constable of the county of Muskegon, and such process may be executed by any of said officers anywhere within the State, and shall be returnable the same as other similar processes issued by justices of the peace.

TITLE IX.

FINANCE AND TAXATION.

SECTION 1. The fiscal year of the city of Muskegon shall commence on the first day of July in each year.

SEC. 2. The council shall have authority within the limitations herein prescribed to raise annually by taxation within the corporation such sums of money as may be deemed necessary to defray the expenses and pay the liabilities of the city, and to carry into effect the powers in this act granted.