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Fences, walls, etc.
for steaming or rendering lard, tallow, offal and such other substances as can be rendered in tallow, lard or oil, and all establishments where any nauseous, offensive or unwholesome business may be carried on; and such buildings, factories, shops and establishments as aforesaid now or hereafter to be constructed in said city, together with blacksmith shops, foundries, cooper shops, steam boiler factories, carpenter shops, planing establishments, breweries, and all buildings or establishments usually regarded as extra hazardous in respect to fire, shall be subject to such regulations in relation to their construction and management as the common council may make with a view to the protection from injury by fire or of the preservation of the health and safety of the inhabitants of said city, and to prevent them from becoming in any way nuisances;
Forty-fifth, To prescribe, from time to time, limits or districts within said city, within which wooden buildings and structures shall not be erected, placed or enlarged, and to direct the manner of constructing and repairing buildings within such limits or districts and the material of which the outer walls and roofs shall be constructed and repaired with respect to protection against fire; to prohibit and prevent the removal of wooden or frame buildings from any place without or within such limit to any lot or place within such limits or districts;
Forty-sixth, To regulate or prohibit within such limit or districts the location of shops, the prosecution of any trade or business, the keeping of lumber yards, the erection of gas works, and the storing of lumber, wood or other easily inflammable material in other places, when in the opinion of the common council, the danger from fire is increased; and every building or structure which may be erected, placed or enlarged or kept, in violation of any orders or regulation of the common council made for the prevention of fire, is hereby declared to be a nuisance and may be abated or removed by direction of the common council;
Forty-seventh, To regulate the construction of division or partition fences, and of partition and parapet walls, the walls Chimneys, etc. of buildings and their thickness; to regulate the construction of chimneys, hearths, fire places, fire arches, ovens and the putting up of stoves, stovepipes, 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 to fix the fees therefor; to compel and regulate the construction of ashhouses, or depositories for ashes; to compel the owners of houses and other buildings to have scuttles in the roofs thereof, Inspection of and steps or ladders leading to the same; to authorize and empower the proper officers to enter into all buildings and enclosures 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 and to punish any person for neglecting or refusing so to do; to authorize any of the officers of the city to keep all idle or suspicious persons away from the vicinity of fires, and to compel all officers of the city and other persons to aid in
the extinguishment of fires and in the preservation of property exposed to danger therefrom;
Forty-eighth, To establish, regulate and maintain a fire de- Fire departpartment and to provide for the prevention and extinguish- ment. ment of fires; to establish, organize, regulate and maintain all such fire engines, hook and ladder and hose and bucket companies as may be deemed necessary; to provide such companies with necessary and proper buildings, engines, and other implements and things necessary to prevent and extinguish fires; to appoint from among the inhabitants of said city such number of men willing to accept, as may be deemed necessary and proper to be employed as firemen, and such fire, hose and hook and ladder companies shall each have the power to elect their own officers, except chief and assistant chief engineer, and to pass by-laws for the organization and government of the respective companies: Provided, however, That the Proviso. common council may also adopt rules for the organization and government of said companies, which shall take precedence over the by-laws of said companies. The common council shall appoint a chief and assistant chief engineer. Every person belonging to any of said companies may obtain from the recorder a certificate of such membership, which shall be evidence thereof; and the member of such company, during the continuance of such, shall be exempt from all duty in the militia in time of peace, and also from serving on any jury in any of the courts in this State, or payment of poll tax; and it shall be the duty of each of said companies to take reasonable care of the fire engines, hose carts, hose, ladders, buckets and other instru ments and things used by said companies respectively, and in no case by wrongful act or neglect doing or permitting injury thereto; and upon any alarm or breaking out of any fire within said city, each company shall forthwith assemble at the place of said fire with the engine or other implements of each of said companies, and be subject to the orders of the chief engineer of the fire department;
Forty-ninth, To license and regulate solicitors of passengers Licensing of or baggage for the benefit of any hotel, tavern, public house, drays, etc. boat, private house, railroad or other place, also draymen, carmen, truckmen, porters, runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles and vehicles of every description used and employed for hire, and to fix and regulate the amounts and rates of their compensation;
Fiftieth, To license and regulate auctioneers, hawkers, ped- Peddlers, etc. dlers and pawnbrokers. and to regulate auctions, hawking, peddling and pawnbrokerage;
Fifty-first, To prohibit and prevent, or license and regulate, Certain exhithe public exhibition by persons or companies of natural or artificial curiosities, caravans, circuses, menageries, theatrical representations, concerts, musical entertainments, exhibitions of common showmen, and shows of any kind; and to license and to regulate halls, opera houses, rinks and other places of public amusements;
Proviso as to limits in which may sell liquor.
Fifty-second, To regulate the keeping of hotels, taverns and other public houses, groceries, ordinaries, saloons, and victualing and other houses or places of furnishing meals, food or drink; to regulate and prescribe the limits within the city of Battle Creek where malt, vinous and spirituous liquors shall be sold or dispensed, as a beverage: Provided. That such liquors shall be sold and dispensed as beverages, only within the following limits of said city: Commencing at the intersection of Division street north and the right of way of the Michigan Central railway, and running thence westerly along said right of way to Tompkins street; thence southerly on Tompkins street to Main street; thence easterly on Main street to the center of the Battle Creek river; thence southwesterly along the center of said river and of the Kalamazoo river to Barney street; thence southerly on Barney street to Hamlin avenue; thence easterly on Hamlin avenue to Carlyle street; thence southerly on Carlyle street to the right of way of the Detroit, Toledo and Milwaukee railway; thence easterly on said right of way to Fountain street; thence easterly on said Fountain street to Division street south; thence northerly on said Division street south and along Division street north to the place of beginning: Also provided further, That said common council may, at any time, enlarge said limits by ordinance; to regulate butchers; to license, regulate or suppress hucksters; to regulate the keepers of shops, stalls, booths, or stands at markets or any other place in said city, for the sale of any kind of meats, fish, poultry, vegetables, food or provisions; to regulate the measuring of wood, weighing of hay and gauging of articles to be measured, inspected, weighted and gauged;
Fifty-third, To provide for taking a census of the inhabitants of the city whenever the common council may see fit, and to direct and regulate the same;
Fifty-fourth, To provide for the imprisonment and confinement in prisons, workhouses and houses of correction, or in the common jail of Calhoun county, at hard labor or otherwise, all persons liable to be imprisoned under this act or any ordinance of the common council, whenever convicted of any violation thereof, by any court having jurisdiction of the same;
Fifty-fifth, To provide for the punishment of all offenders of ordinances. for violation of, or offenses against, this act or any ordinance of the common council enacted under this or any other act of the legislature, by holding to bail for good behavior, by imposing fines, penalties, forfeitures and costs, or by imprisonment in the common jail of Calhoun county, or any prison, workhouse, or house of correction in said city, or the State House of Correction at Ionia, in the discretion of the court or magistrate before whom a conviction may be had. If only a fine, penalty, or forfeiture, with the costs be imposed, the offender may be sentenced to be imprisoned until the payment thereof for a term not exceeding six months. All punishment for offenses against the ordinances of the common council shall be prescribed in the ordinances, creating or specifying the offense to be punished, and no penalty, fine or forfeiture so prescribed
shall exceed five hundred dollars, and no imprisonment shall exceed the period of six months;
Fifty-sixth, To provide for the employment of all persons Employment confined for the non-payment of any fine, penalty, forfeiture of prisoners. or costs, or for any offense under this act, or any ordinance of the common council, in the common jail of Calhoun county, or in any prison, workhouse, or house of correction of said city at work or labor, either within or without the same, or upon the streets, lanes, alleys or public grounds of said city, or on any public work under the control of the common council; to allow any person so confined for the non-payment of any fine, penalty, forfeiture or cost, to pay and discharge the same by such work or labor, and to fix the value and rates of such work and labor;
Fifty-seventh, To authorize the granting, issuing and revok- Issuing, etc., ing of licenses in all cases where licenses may be granted and issued under this act and the ordinances of the common coun: cil; to direct the manner of issuing and registering the same, and by what officer they shall be issued and revoked, and to prescribe the amount of money to be paid therefor to the city treasurer, but no license shall be granted for more than one year;
Fifty-eighth, To provide for printing and publishing all mat- Printing. ter required to be printed and published under this act or by order of the common council, in such manner as the common council may prescribe;
etc., of real
Fifty-ninth, The common council shall have power by the Purchase, vote of two-thirds of all the aldermen elect, to purchase, hold estate. or sell real estate for the use of said city, for corporate, park or cemetery purposes, either within or without the corporate limits of said city, and to have and exercise the same power and control over the same as though the same were within the limits of said city;
Sixtieth, To erect and provide for the erection of all need- City buildings. ful buildings and offices for the use of the city or its officers, and to control and regulate the same; to establish and build prisons, workhouses and houses of correction for the confinement of offenders, and to control and regulate the same; Sixty-first, To prohibit all practices, amusements and doings May prohibit in said streets, lanes, alleys, public places, parks and grounds, amusements. having a tendency to frighten teams and horses or dangerous
to life, limb or property; to remove or cause to be removed Remove walls, therefrom all walls and structures that may be liable to fall so
as to endanger life, limb or property;
Sixty-second, To prohibit, restrain or regulate the sale of Auctions. all goods, wares and personal property at auction, except in cases of sales authorized by law, and to fix the fee to be paid by auctioneers;
Sixty-third, To compel all railroad and railway and street Maintaining of car lines within said city to construct and maintain all proper railroads. and necessary drains, culverts and sewers upon and across their right of way, tracks and grounds, and to compel them to pay for the same:
Burning of coal, etc.
Keeping of minors out of saloons, etc.
Sixty-fourth, To regulate the burning of coal, petroleum, and other kinds of fuel within the limits of said city, in such manner by means of smoke consumers or otherwise, as to prevent the smoke therefrom becoming a nuisance or offensive to the inhabitants of said city;
Sixty-fifth, To prohibit children and minors from being abroad at night, except by permission of their parents or guardians;
Sixty-sixth, To prohibit the sale of cigarettes and tobacco to minors without the permission of their parents or guardians; Sixty-seventh, To prohibit and prevent minors from frequenting or remaining in or about any saloon or other place where spirituous and intoxicating liquors are sold, or in any billiard room, bowling alley, or other place where games of skill or chance, or partly of skill and partly of chance are being played or in any place where any form of gaming is carried on;
Sixty-eighth, To provide by ordinance for the proper weighing of all coal, hay or other commodities offered for sale within the limits of said city, and to provide that the seller shall furnish the buyer with a written statement showing the true and correct weight of the coal, hay or other commodity sold and to provide punishment for failure to comply therewith.
Board of public works, how constituted.
Term of office.
To elect officers.
To keep records.
SECTION 1. There shall be a board of public works in said city. Said board shall consist of the mayor of said city and five freeholders of said city, who are electors therein, who shall be appointed by the mayor, subject to the approval of a majority of all the aldermen elect: Provided, That not more than three of said appointees shall belong to the same political party. The full term of a member except the mayor, shall be five years, but the members shall be subject to classification in such manner that one term shall expire in each year. Appointments for full term shall be made on the third Monday in April, in each year, or as soon after such day as may be. Members shall hold over and execute the duties of the office until appointees to succeed them qualify and are ready to enter upon their duties.
SEC. 4. The members of said board shall, at the first regular meeting in May of each year, or as soon thereafter as may be, elect by ballot from their number a president and secretary. The board shall keep an office in the city with such furnishings as shall be necessary, and business shall be conducted upon the joint consultation of not less than three members attending in a session. Written minutes of the board shall be kept and all resolutions, orders, rules and directions passed and adopted by the board shall be correctly entered at length and preserved in books of record, and the same shall be opened to the inspection of the mayor, aldermen, city attorney, recorder and treasurer. The proceedings of said board shall be published within five days after each meeting in at least one