Streams and ponds.

Relative to
Flint river.

Shows and exhibitions.

Vagrants, etc.

Labor of prisoners.

Mock auctions.

Auctioneers.

Unwholesome

food.

Twelfth. The council shall have the power to require and compel any railroad company and any street railway company to make, keep open and in repair such ditches, drains, sewers and culverts along and under or across their railroad tracks as may be necessary to drain their grounds and right of way properly and in such manner as the council shall direct, so that the natural drainage of adjacent property shall not be impeded. If any such railroad company or street railway company shall neglect to perform such regulations according to the direction of the council, the council may cause the work to be done at the expense of such company and the amount of such expense may be collected at a suit of the city against the company in a civil action before any court having jurisdiction of the cause;

Thirteenth. To preserve the salubrity of the waters of the Flint river and other streams within the limits of said city; to prohibit or regulate bathing therein, and to provide for cleansing the same of driftwood and other obstructions; to fill up all low grounds or lots covered or partially covered with water within the limits of said city, or to drain the same as they may deem expedient;

Fourteenth. To prohibit, restrain, license and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or other performances and exhibitions for money;

Fifteenth. To restrain and punish drunkards, vagrants, street beggars and other disorderly persons;

Sixteenth. To employ all persons imprisoned for the nonpayment of any fine, penalty, forfeiture, or costs, or for any offense under this act or any ordinance of the common council of the city of Flint in a city lockup or in the jail of Genesee county, at work or labor upon the streets of said city, or any public work under the control of said council;

Seventeenth. To prohibit and suppress mock auctions and every kind of fraudulent game, device or practice, and to punish all persons managing, using, practicing, or aiding in the management and practice thereof;

Eighteenth. To license auctioneers, auctions and sales at auction, to regulate or prohibit the sale of live or domestic animals at auction upon the streets, alleys or public grounds in said city; to regulate or prohibit the sale of goods, wares, property or anything at auction, or by the manner of public biddings, or offers by the buyer or seller after the manner of auction sales or Dutch auctions, and to regulate the fees to be paid by auctioneers, but no license shall be required in cases of sales required by law to be made at auction or public vendue;

Nineteenth. To prohibit and suppress the sale of every kind of unsound or unwholesome meat, poultry, fish, vegetables or other articles of food and provision, and to punish all persons who shall knowingly sell the same or offer or keep the same for sale;

measures.

Twentieth. To provide for the inspection and sealing of Weights and weights and measures, and to enforce the keeping of proper weights and measures by vendors;

Twenty-first. To provide for the protection and care of Paupers. paupers, and to prohibit and prevent all persons from bringing to said city from any other place any pauper or other person likely to become a charge upon said city or on the public, and to punish therefor;

Twenty-second. To provide for the burial of strangers and Burial of poor deceased persons;

strangers.

Twenty-third. To protect and regulate all public grave- Cemeteries. yards within the city limits or adjacent thereto belonging to said city, and all grounds procured, or that may be procured for the purpose of public burial, and to compel the keeping and returning of bills of mortality; and may cause the same to be vacated and the remains of persons buried therein to be removed under such restrictions and regulations as they may prescribe: Provided, No burial grounds shall be vacated Proviso. until the question of vacating the same shall be submitted to and approved by a vote of the electors of said city, at some special election to be held at such time and conducted in such manner as the common council shall prescribe;

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

Twenty-fifth. To regulate and establish the line upon Street lines. which buildings may be erected on any street, lane or alley of said city, and to prevent such buildings being erected nearer the street than said line;

Twenty-sixth. To establish, order and regulate the mark- Public ets, and to prohibit forestalling the same, to regulate the markets. vending of wood, meats, vegetables, fruits, fish and provisions of all kinds, and prescribe the time and place for selling the

same;

Twenty-seventh. To establish or regulate one or more Pounds. pounds, and to restrain and regulate the running at large of horses, cattle, swine or other animals, geese, poultry, and to authorize the impounding and sale of the same for the penalty incurred, and the cost of keeping and impounding;

Twenty-eighth. To prevent or regulate the running at Dogs. large of dogs; to impose taxes on the owner of dogs, and to prevent dog fights in the streets;

noises.

Twenty-ninth. To regulate the ringing of bells, and the Bells; street crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets; Thirtieth. Concerning the lighting of the streets and alleys, Street lightand the protection and safety of public lamps;

ing.

Thirty-first. To establish, regulate and preserve public Water. reservoirs, wells and pumps; to provide an adequate supply

To license

cartmen, etc.

Soliciting passengers.

Peddlers and

of water for fire purposes, for lawn and street sprinkling, and also of water fit for domestic use, and to prevent the waste of water;

Thirty-second. To adopt rules and regulations for cartmen and their carts, hackney carriages and their drivers, omnibuses and their drivers, scavengers, porters and chimney sweeps, and their fees and compensation, and the fees to be paid by them into the city treasury for license;

Thirty-third. To prevent runners, stage drivers, and others from soliciting passengers or others to travel or ride in any stage, omnibus or railroad, or to go to any hotel or otherwheres;

Thirty-fourth. To license, regulate and restrain hawking pawnbrokers. and peddling in the streets, to license and regulate pawnbrokers and auctioneers;

Carriage stands, rates of fare.

Wood, hay, etc.

Bonds and sureties.

To license saloons, etc.

Powers and duties of officers.

To provide

and maintain jail.

To have

control over streets, etc.

To divide city into districts.

Thirty-fifth. To prescribe and designate the stands for carriages of all kinds which carry persons for hire, and carts and carters, and to prescribe the rates of fare and charges, and the stand or stands for wood, hay and produce exposed for sale in said city, and to regulate the sale thereof;

Thirty-sixth. To prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same in cases not otherwise provided for by law;

Thirty-seventh. To restrain, license and regulate saloons and other places where intoxicating, or spirituous liquors or malt, brewed, fermented, spirituous, or vinous liquors are sold or to be sold, and to regulate and prescribe the location thereof; to forbid and prevent the vending or other disposition of any intoxicating liquors in violation of the laws of the State;

Thirty-eighth. To prescribe the powers and duties of all the officers of said city, except as herein otherwise provided, and their compensation, and the fines and penalties for their delinquencies;

Thirty-ninth. The common council shall have power to provide for, or to construct and maintain a city jail, or lockup, and to provide by ordinance or resolution for the control and management of the same and the confinement of persons therein;

Fortieth. The common council is hereby invested with full power and control over any and all streets, lanes, alleys, and public places within the city, and said council may provide for the repair and improvement of the same in such manner and with such material as it shall determine to be for the best interest of said city, and all taxes and assessments for highway and street purposes shall be expended thereon as the common council shall order and direct. The council shall also have power to divide the city into such number of districts and may appoint such number of suitable persons as the council may deem wise or expedient for the purpose of

properly looking after the needs of said streets, lanes, alleys and public places, and to perform the necessary and required work thereon as the council shall from time to time direct and order, and to provide adequate and careful inspection of said streets, lanes, alleys and public places and all sidewalks and cross-walks therein and to keep the same and all parts thereof in repair;

ordinances

rights not to

Forty-first. And further, they shall have authority to en- May enact act all ordinances, and to make all such regulations consistent for good of with the laws and constitution of this State, as they shall city. deem necessary for the safety, order and good government of the city, and the general welfare of the inhabitants thereof; but no exclusive rights, privileges or permits shall be granted Exclusive by the council to any person or persons, or to any corporation be granted. for any purpose whatever. For the purpose of carrying into Limit of penalty effect the powers conferred by this section the common coun- imposed. cil shall have power to prescribe in any by-law or ordinance made by them that the person offending against the same shall forfeit and pay such fine as they shall deem proper, not exceeding one hundred dollars, or be imprisoned in the county jail or city lockup for a term not exceeding three months, or by both such fine and imprisonment in the discretion of the justice or court that shall try the offender: Pro- Right of trial vided, The right of trial by jury, when demanded, shall in all served. cases be preserved, and also the right of appeal according to the general laws of this State.

ordinances.

SEC. 11. The style of all ordinances shall be, "the city of Style of Flint ordains." All ordinances shall require for their passage the concurrence of a majority of all the aldermen elect, and shall be recorded in the proceedings of the council as passed. The time when any ordinance shall take effect shall be pre- When to take scribed therein; such time when the ordinance imposes a penalty shall not be less than one week from the date of its publication as herein provided.

effect.

council as

SEC. 12. Whenever by the provisions of this act the com- Powers of mon council shall be authorized to pass ordinances for any pur- to penalties. pose, it shall have power to determine by ordinance the punishment of all persons convicted of any violation of the same by imprisonment at hard labor or otherwise, and they may prescribe fines, imprisonments, penalties and forfeitures for the violation of the same, not exceeding one hundred dollars, or imprisonment not exceeding ninety days, or both in the discretion of the court. Such imprisonment may be in the common jail of Genesee county, in the city lockup, or in the Detroit House of Correction. The fine, penalty or imprison- Prisoners may ment for the violation of any ordinance shall be prescribed labor. therein, and during such imprisonment all such offenders may be kept at hard labor. And they may also be kept at hard labor during all the time they are imprisoned for the violation of such ordinance.

be required to

Mayor to approve ordinances.

When veto of mayor is filed.

Clerk to certify ordinances.

Record of ordinances.

Ordinance to be published.

Evidence.

Court to take

passage of ordinances.

SEC. 13. Within five days next after the passage of any ordinance the clerk of the common council shall present the same to the mayor or other person performing the duties of the mayor, for his approval. No ordinance shall be of any force without the written approval of the mayor or other person performing for the time being the duties of his office, unless he omit to return it to the clerk of the common council with his objections thereto, within ten days after its presentation to him, in which case it shall be deemed regularly enacted. If, after the return of the ordinance with the objections thereto, as aforesaid, the same shall be passed or re-enacted by a vote of two-thirds of all the aldermen elect of the common council, the ordinance shall be deemed regularly enacted, and the time of its re-enactment shall be deemed the time of its passage.

SEC. 14. At the time of presenting any ordinance to the mayor for his approval, the clerk of the common council shall certify thereon and also in the journal or record of the proceedings of the council, the time when the same was presented, and shall also certify thereon, and in such journal or record, the time of the return of such ordinance, whether approved or with objections, and shall at the next meeting of the common council report any ordinance returned with objections thereto.

SEC. 15. All ordinances when approved by the mayor, or when regularly enacted, shall be immediately recorded and indexed by the clerk of the common council in a book to be called "the record of ordinances" and it shall be the duty of the mayor and clerk to authenticate the same by their official signatures upon such record.

SEC. 16. Within one week after the approval or final passage of any ordinance, the same shall be published in the official paper of the city, and the clerk shall, immediately after such publication, enter on the record of ordinances in a blank space to be left for such purpose, under the recorded ordinance, a certificate stating on what date such publication was made, and sign the same officially, and such certificate shall be prima facie evidence that legal publication of such ordinance has been made.

SEC. 17. In all courts having authority to hear, try or cognizance of determine any matter or cause arising under the ordinances of the city, and in all proceedings in the city relating to or arising under the ordinances or any ordinance thereof, judicial notice shall be taken of the enactment, existence, provisions and continuing force of the ordinances of the city, and whenever it shall be necessary to prove any of the laws, regula tions or ordinances of said city or any resolution adopted by the common council, the same may be read in all courts of justice and in all other proceedings: First, from a record thereof kept by the city clerk in the record of ordinances: Second, from a copy thereof, or of such record thereof, certified