taxes.

SEC. 79. Every tax due upon personal property is a lien Liens for upon the real property of the owner thereof; every tax due upon real property is a lien against the property assessed, and every tax due upon improvements upon real property assessed to others than the owners of the real estate is a lien upon the land and improvements, and which said several liens attach as of the first Monday of March in each year at twelve o'clock meridian.

prove

SEC. 80. Whenever the council shall determine that public Bonds for interest requires the construction, or acquisition, or completion public imof any permanent municipal building, work, sewer, property, inents. water or light system, wharves, or improvements, the cost of which, in addition to the other expenditures of the city, will exceed the income and revenue provided for in one year, they may by ordinance submit a proposition to incur a debt for such purpose, and proceed therein as provided in section. eighteen of article eleven of the constitution and general law of this state; provided, that such indebtedness shall not bear more than five per cent interest per annum, and that no bond issued therefor shall be sold for less than par value, and to the highest bidder after advertising for sealed proposals therefor. And no indebtedness or liabilty shall be incurred by the city in any manner or for any purpose exceeding in any year the income and revenue provided for it for such year without the assent of two thirds of the qualified electors thereof voting thereon at an election to be held for that purpose.

ARTICLE VIII.

POLICE DEPARTMENT.

SEC. 81. There shall be a chief of police, who shall be a Chief of qualified elector of the city, not less than twenty-five years of police. age, and who shall be appointed by the mayor, and shall hold office during the pleasure of the appointing power.

and duties.

SEC. 82. The chief of police shall have command and con- Powers trol of the police force, subject to the general supervision of the mayor. He shall have power to suspend any policeman for disobedience of any lawful order, for the violation of the rules of the department, neglect of duty, drunkenness or misconduct as a policeman; and he shall, upon suspending a policeman, promptly certify the fact with the cause thereof to the mayor, who shall forthwith report the same in writing, together with the charges preferred against such policeman, to the council, and if such policeman shall be found guilty by the council he shall be dismissed from the police force.

SEC. 83. The chief of police shall observe and cause to be same. observed and enforced all laws and ordinances within the city, and shall see that all lawful orders and processes of the council and police court within the city are promptly executed. For the suppression of any riot, public tumult, disturbance of the peace, unlawful assembly, organized resistance to the laws or public authorities in the performance of their duties, or in

Chief of police,

powers and duties of

Same.

Captain of police.

Police force.

arresting persons for the public offenses, he shall have all the powers that are or may be hereafter conferred upon sheriffs by any law, and all his lawful orders shall be promptly executed by the police officers. In addition to the powers and duties herein enumerated, the chief of police shall have such other powers and perform such other duties pertaining to the police department as may from time to time be conferred or imposed upon him by ordinance.

SEC. 84. The chief of police shall keep a public office to be provided by the council, which office shall be open and at which he or a police officer shall be in attendance at all hours, day and night. The chief of police shall devote his entire time to the discharge of the duties of his office, and shall not absent himself from the city, without urgent necessity, unless in pursuit of persons who have committed public offenses within the limits of the city. If such absence from the city be upon any other than business immediately connected with his office, except on vacation (and then only by written consent of the mayor, filed with the city clerk), he shall forfeit his salary for the time of such absence, and the proper amount shall be deducted from his next salary warrant by the city clerk.

SEC. 85. There shall be a captain of police selected from the police force by the mayor, who, in the absence of the chief of police, shall have command and control of the police force, and who shall perform such other duties and have such other powers pertaining to the police department as shall be required of him by the chief of police, or from time to time be imposed or conferred on him by ordinance. The term of office of captain of police shall be during the pleasure of the appointing power.

SEC. 86. In addition to the chief of police, there shall be a permanent police force, which shall consist of such number of policemen as the council shall, from time to time, by ordinance, authorize to be appointed. They shall be appointed by the mayor, and shall hold office during good behavior, unless removed for cause or for the improvement of the public service, as in this charter provided. The chief of police may appoint from the police force a jailer. No person shall be appointed to any position in the police force of the city unless he shall be a man of good moral character and of good repute for honesty and sobriety, a citizen of the United States and a resident and elector of the city for at least one year preceding his appointment. Nor shall any person be so appointed who has ever been convicted of a felony, or who is unable to understandingly read and write the English language, or who is deficient in health, strength or courage; and (except those in service on the police force at the time this charter takes effect) every appointee hereafter shall be not less than twenty-five nor more than forty-five years of age, and must, before being appointed, present to the mayor a certificate of the city physician that the applicant is in sound health and free from

any physical disability that would incapacitate him from the duties of a policeman.

system.

SEC. 87. Whenever the council shall deem it expedient a Patrol patrol system may be provided for the use of the police department, which system shall include horses, wagons and all electric or other appliances necessary for the operation of such system.

ments on

SEC. 88. Except as otherwise in this charter prescribed, the Appointmayor in making appointments of members of the police force police shall be guided by the fitness of the applicant, and no person force. shall be appointed to or removed from the police force on account of his political or religious opinions. No member of the police department shall take any part whatever in any political caucus or convention, nor be a member of any political club or committee, or take any part in any general or primary election, except to vote; and any officer, member or employé in said department violating any of the provisions of this section shall forfeit his position.

not to

SEC. 89. No member of the police force shall be allowed to Policemen receive any money, gratuity, or compensation for any service receive he may render as an officer, except rewards which have been gratuities. publicly offered for the apprehension or conviction of criminals, without the written consent of the mayor, first filed with the city clerk, and any member of the police force who shall violate this provision shall be at once removed from office. The members of the police force shall not follow any other No other calling, profession or business, but shall devote their entire business. time to the performance of their official duties; nor shall they be allowed pay for any period during which they shall absent themselves from public duty, except for the yearly vacation provided by general law.

SEC. 90. The members of the police force shall promptly Duties of and fully obey, enforce, observe and cause to be obeyed and officers. enforced and observed all lawful orders of their superiors, and all rules and regulations of the police department. They shall be prompt and diligent in the detection of crime, the arrest of public offenders, with or without warrant, the suppression of all riots, affrays and breaches or disturbances of the peace, in the abatement of public nuisances and the enforcement of the laws and city ordinances. It shall be the duty of each member of the police force to acquaint himself with the provisions of this charter, with all ordinances of the city, and with all laws of the state defining public offenses and regulating criminal proceedings.

police.

SEC. 91. In addition to the regular police force, the mayor Special may at times of public emergency appoint special policemen, who shall serve for such time as is designated in their appointment and who shall also receive the same rate of compensation for their services as is paid to regular policemen.

SEC. 92. The mayor may also, upon the petition of any firm, person or corporation, appoint at any time a special policeman for special service to be paid for by such person, firm or corporation; provided, however, that the locality where such special

Badge.

Salaries.

Fire commission

ers.

policeman is to act shall be described in the warrant of appointment. The policeman so appointed shall receive no pay from the city. All special policemen shall possess the powers and discharge the duties of regular policemen and be under the direction of and control of the chief of police, and be subject to and obey all rules and regulations of the police department. The term of office of any special policeman shall be at the pleasure of the appointing power and shall cease with the office of the appointing power.

SEC. 93. The council may prescribe the badge of office and uniform to be worn by members of the police force.

SEC. 94. The members of the police force shall receive such salaries as the council may by ordinance prescribe.

ARTICLE IX.

FIRE DEPARTMENT.

Board of Fire Commissioners.

SEC. 95. The board of fire commissioners shall consist of: first, the mayor; second, the chief engineer of the fire department; and third, the chairman of the finance committee of the city council.

SEC. 96. Said board of fire commissioners shall have full control of the fire department and the fire alarm system of said city.

SEC. 97. It shall be their duty to see that the city is properly supplied with all the necessary appliances and apparatus for the extinguishment and prevention of fires; to order the placing of hydrants, fire-alarm boxes and cisterns for said. purposes; to provide means for the proper handling and hauling of said apparatus, and to construct buildings for the proper housing of the same; to draft and prescribe rules and regulations for the government of said department and to see that the same are carried into effect; to employ or dismiss any member thereof; provided, that said dismissal shall be only for cause; to fix the compensation of the members of said department and of all employés connected therewith.

SEC. 98. They shall act as fire wardens and shall see that the ordinances of the city regulating the fire limits, the construction of buildings and the storage of combustible materials and explosives within the city are enforced and carried into effect.

SEC. 99. They shall furnish the city council on or before the day set for fixing the yearly tax levy with an estimate of the amount of funds necessary for the fire department for the ensuing year, and it shall be the duty of the council to include in said tax levy a sufficient and proper amount for the successful conduct of such department and the payment of the expenses thereof, which tax when collected shall be set aside as a separate fund for the support and maintenance of said department.

SEC. 100. All bills against said fund must be approved by Fire comthe chief engineer of the department, in writing, before being missioners presented to said board, who, upon approval, shall direct the clerk of said board to draw a warrant upon the aforesaid fund

for the same.

SEC. 101. The mayor shall be the presiding officer of said board.

SEC. 102. The city clerk. shall act as clerk of said board without any additional compensation therefor.

SEC. 103. Said board shall meet at least once each month and the members thereof shall serve without compensation.

SEC. 104. The chief engineer of the fire department shall be Chief elected by ballot by the members of the volunteer department engineer. at an election to be held for such purpose on the first Monday in January in each year; provided, however, that if said volunteer fire department shall become disorganized, or from other cause shall fail to elect such chief engineer, the mayor shall appoint a chief engineer to fill such vacancy.

ARTICLE X.

HEALTH DEPARTMENT.

health.

SEC. 105. There shall be a health department under the Board of management of the board of health. Said board shall consist of five members, namely: the mayor, who shall be ex officio a member and president of said board, and the city engineer, who shall be ex officio a member of said board, and three citizens, who shall be appointed, without regard to their political opinions, by the mayor, within fifteen days after the commencement of his term of office. The mayor shall not have the right to vote unless in case of a tie. Each appointed member of the board shall be a duly licensed physician, in accordance with the laws of the state of California, and a qualified elector of the city for two years immediately preceding his appointment. Said members shall serve without compensation, except the member serving as health officer, who shall receive such compensation as the council shall prescribe.

SEC. 106. The term of office of the appointed members of the board shall be for two years, and until their successors are appointed and qualified, said term to commence upon the date of their appointment; provided, that those members first appointed shall so classify themselves to allow that one of them shall go out of office at the end of one year, and two at the end of two years. If any appointed member fails to qualify within ten days after his appointment, such appointment shall be void and a new appointment shall be made, for the unexpired portion of the term of said member.

SEC. 107. Regular meetings of the board of health shall be held once a month, and special meetings when called by the president, or any three members, and all meetings shall be, public. Three members shall constitute a quorum.