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duties, and the time for executing the same, in cases act other wise provided for by law;
Twenty-ninth. To authorize and regulate the demand and Fees. receipt by officials of such fees and costs and in such cases as the council may deem reasonable;
Thirtieth. To fix and regulate the fees of jurors and wit- Jurors. nesses in any proceeding under this act or under any ordinance of the council;
Thirty-first. To sell or otherwise provide for disposing of Cleaning of all dirt, filth, manure and debris, lying in or gathered from the highways, streets, avenues, lanes, alleys or public spaces, and all earth to be removed therefrom, or from the public squares and grounds of said city, in grading, paving or otherwise improving the same;
Thirty-second. To control, prescribe and regulate the mode Awnings. of constructing and suspending awnings, and the exhibition and suspension of signs;
Thirty-third. To control, prescribe and regulate the manner Use of streets. in which the highways, streets, avenues, lanes, alleys, public grounds and spaces within said city shall be used, and to provide for the preservation of and prevention of wilful injury thereto;
Thirty-fourth. To direct and regulate the planting and pro- Trees. vide for the preservation of trees in said city;
Thirty-fifth. To prohibit all practices, amusements and Certain doings in said streets, having a tendency to frighten teams or horses, or dangerous to life or property; to remove or cause to be removed all walls and structures that may be liable to fall so as to injure life or property;
Thirty-sixth. To prohibit and punish the use of toy pistols, Toy guns. air guns, sling shots and other dangerous toys, implements or weapons within said city;
Thirty-seventh. To provide for the protection and care of Paupers. paupers and prohibit and prevent all persons from bringing to the city from any other place any pauper or paupers, or any person likely to be a charge upon said city and to punish therefor; and to authorize the removal from the city of all paupers not a legal charge upon said city;
Thirty-eighth. To establish and build a jail, workhouse and Jail, etc. houses of correction, for the confinement of offenders, and to erect the necessary buildings therefor, and control and regulate the same; appoint all necessary officers for taking charge of the same and of the persons confined therein; to prescribe their powers and duties and provide for their removal from office and the filling of vacancies; to provide for the imprisonment and confinement in said jails, workhouses and houses of correction, or in the common jail of the county of Muskegon, or in any appropriate State institution of all persons liable to be imprisoned under this act or any ordinance of said council, whenever convicted of a violation thereof; to compel any person confined in any such jail, workhouse or house of correction, or in the common jail of the county of Muskegon to
LOCAL ACTS, 1903-No. 322.
Burying of dead.
work upon the streets and alleys of said city, or in and upon the buildings and premises belonging to said city during the time the detention of such person is authorized;
Thirty-ninth. To regulate the burying of the dead, and to compel the keeping and return of bills of mortality; also returns of births and marriages;
Fortieth. To survey and establish the boundaries of the city, and of all highways, streets, avenues, lanes, alleys, public parks, squares and spaces in said city; to prohibit all incumbrances and encroachments upon the same by buildings, fences and of partition and parapet walls and walls of buildings, fences, or in any other manner, and to provide for the removal of the same;
Forty-first. To regulate the construction of partition fences fences, walls, and of partition and parapet walls and walls of buildings, and thickness of walls; to regulate the construction of chimneys, hearths, fire places, fire arches, ovens, and the putting up of stoves, stove pipes, kettles, boilers, or any structure or apparatus that may be dangerous in promoting or causing fires; to compel and regulate the cleaning of chimneys and chimney flues, and to fix the fees therefor; to compel and regulate the construction of ash houses and deposits of ashes; to compel the owners of houses and other buildings to have scuttles on their roofs, and stairs and ladders leading to the same; and to cause such buildings as are in a dangerous state to be put in a safe condition; and to authorize any of the officers of the city to keep all idle and suspicious persons away from the vicinity of fires, and to compel officers of the city and other persons to aid in the extinguishment of fires, and the preservation of property exposed to danger therefrom;
May regulate offensive trades.
Forty-second. To prohibit and prevent the running at large of horses, cattle, swine, dogs, geese and other domestic animals or fowls in the streets or elsewhere in the city, and to impose penalties upon the owners or keepers thereof permitting the same;
Forty-third. To prevent and prohibit in the streets or elsewhere in said city the show, sale, crying or exhibition of indecent or obscene pictures, drawings, engravings, paintings and indecent, immoral and scandalous books, pamphlets, newspapers and literature; and further, the council shall have authority to enact all ordinances and make all such regulations consistent with the law and constitution of the State as they may deem necessary for the safety, good order, good morals, and good government of the city, and the general welfare of the inhabitants thereof, but no exclusive rights, privileges or permits shall be granted by the council to any person or to any corporation for any purpose whatever;
SEC. 25. The council, when it shall deem it necessary, may from time to time assign by ordinance certain places within the city for the exercise of any trade, business or employment, offensive to the inhabitants or prejudicial to good morals or the well being of society, or dangerous to the public health;
and may forbid the exercise thereof in places not so assigned, and may change or revoke such assignment at pleasure, and whenever a business carried on in any place so assigned, or any other place in the city, shall become hurtful and dangerous to the health or prejudicial to the peace and good order, or otherwise objectionable to the inhabitants of the city in the neighborhood, the council may prohibit the further exercise of such business or employment at such place.
SEC. 26. The council may prescribe the terms and con- May prescribe ditions upon which licenses may be granted and may exact of licenses. and require payment of such sum for any license as they may deem proper; the person receiving the license shall, before the issuing thereof, execute such bond to the corporation in such sum as the council shall prescribe with one or more sufficient sureties, conditioned for the faithful observance of the charter of the corporation, the ordinances of the council, and otherwise conditioned as the council may prescribe. Every license shall be revokable by the council at pleasure, and when any license shall be revoked for non-compliance with the terms and conditions upon which it was granted, or on account of any violation of any ordinance or regulation passed or otherwise ordered by the council, the person holding such license shall, in addition to all other penalties imposed, forfeit all payments made for such license.
SEC. 27. No license shall be granted for any term beyond Term of the first Monday in May next thereafter, nor shall any license be transferable, and the council may provide for punishment by fine or imprisonment, or both, of any person who, without license shall exercise any occupation, trade or do anything for or in respect to which any license shall be required by any ordinance or regulation of the council.
SEC. 28. All moneys received for or on account of any Money for, license granted to any person shall be paid into the city treas. how credited. ury to the credit of the contingent fund.
SEC. 29. The city of Muskegon Heights shall have power to City may hold take, accept and hold any real estate or personal estate, whether by gift, bequest or devise, for any purpose connected with the parks, cemeteries, or public grounds of said city, or for any public institution or charity, and when accepted, it shall be the duty of the council of said city to use and appropriate the same for the purposes and uses mentioned in the instrument, giving, granting or devising the same, and for no other purpose.
SEC. 30. The council shall enact all such ordinances as may Preserving of be deemed necessary for the preservation and protection of public health. the health of the inhabitants of said city. and to prevent the introduction of or spread of malignant, infectious or contagious diseases and for the removal or seclusion of persons having such diseases, or who may be suspected to be liable to communicate the same either beyond the city limits or to such hospital or place of treatment within the city as the board of health may prescribe.
When may change wards.
Laying of pipes, etc.
Use of streets.
Poor holding property.
SEC. 31. Whenever the council shall deem it expedient, it may by ordinance, enacted by a concurring vote, of not less than two-thirds of the aldermen elect, redistrict said city into wards, and change the boundaries of any ward; but in no case increase or decrease or change the number of wards in said city: Provided, That no such change or redistricting shall be made within ninety days next preceding any election which may be held under the provisions of this act.
SEC. 32. The council may regulate the making of all openings in and removals of the soil of public streets, alleys, and public grounds, for the laying or repair of sewers, drains, tunnels, gas pipes, water pipes or other pipes, or for any other purposes, and may prohibit or prevent all such openings or removals of the soil, except by the express permission of the council, and at such times and upon such terms, conditions and regulations as it may prescribe.
SEC. 33. The council may regulate the use of the public streets, avenues, alleys and public grounds of said city, subject to the right of travel and passage thereon; and generally may prescribe and enforce all such police regulations over and in respect to the public 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. 34. The council may require any person or persons applying to the city, or the director of the poor, for aid, who 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 Heights 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.
When to be printed.
ORDINANCES AND THEIR ENFORCEMENT.
SECTION 1. The style of all ordinances shall be, "The council of the city of Muskegon Heights ordain," etc. All ordinances shall require for their passage the concurrence of a majority of all the aldermen elect; the time when any ordinance shall take effect shall be prescribed therein; such time, when by the terms of the ordinance a penalty is imposed, shall be not less than twenty days after its adoption; 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 plain or legible manner, before the same shall be passed by 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 then by the president pro tem. Such ordinance shall become operative When operawithout 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; in which case, it shall not become operative until it shall be again submitted to the council and receive the affirmative vote of five of the aldermen elect.
SEC. 3. All ordinances, when approved by the mayor, or When and 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 Heights." 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 ordi- Copies to be nance, copies of the same shall be posted in three public places posted. within each ward in the city. Proof of the requisite publication of any ordinance, resolution or other proceeding of the council may be made by the affidavit of the person who has posted the same and such affidavit, when duly filed by the recorder, shall in all cases, courts and proceedings, be prima facie evidence of the legal posting of such ordinance, resolution or other proceeding. All copies of the ordinances of the village 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 de- Judicial notermine 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.
fine, etc., for
SEC. 6. When by the provisions of this act, the council May prescribe has authority to pass ordinances for any purposes, it may pre- violation. scribe fines, penalties and forfeitures not exceeding one 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, Costs, how under the provisions of the preceding section, shall be the same as those fixed by law in justice courts, in criminal cases.