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XXI. To regulate the construction of and order Fire regulathe suppression of and cleaning of fire-places, chimneys, stoves, stove-pipes, ovens, boilers, kettles, forges, or any apparatus used in any building, manufactory, or business, which may be dangerous in causing or promoting fires, and to prescribe limits within which no dangerous nor obnoxious and offensive business may be carried on.

XXII. To prescribe limits within which no build- Fre limits. ings shall be constructed, except of brick, stone, or other incombustible material, with fire-proof roof, and to impose a penalty for the violation of such ordinance, and to cause the destruction or removal of any building constructed or repaired in violation of such ordinance, and after such limits are established no special permit shall be given for the erection of reparation of buildings of combustible material.

XXIII. To procure fire engines, hooks, ladders, Fire apparatus. buckets and other apparatus, and to organize fire engine, hook and ladder, and bucket companies, and to prescribe rules of duty and the government thereof, with such penalties as the council may deem proper, not exceeding one hundred dollars, and to make all necessary appropriation therefor.

XXIV. To regulate levees, depots, depot grounds, Railways, and places for storing freights and goods, and to provide for and regulate the passage of railways through the streets and public grounds of the city.

XXV. To regulate the crossing of railway tracks, Railways, and to provide precautions, and prescribe rules regulating the same; and to regulate the running of railway engines, cars and trucks within the limits of said city, and prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further provisions, rules, and restrictions to prevent accidents at

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Depots, etc.

2 Neb., 519.


sale of merchandise.

Obstructions on sidewalks.

crossings and on the tracks of railways, and to prevent

fires from engines. Weights and XXVI. To establish standard weights and meas

ures, and regulate the weights and measures to be used in the city, and to regulate the weighing and measuring of every commodity sold in the city, in all cases not

otherwise provided by law. Inspection and XXVII. To provide for the inspection and weigh

ing of hay, grain and coal, the measuring of wood and fuel to be used in the city, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale, hay, coal, and wood; to fix the fees and duties of persons authorized to perform the duties named in this subdivision.

XXVIII. To remove all obstructions from the side walks, curb-stones, gutters, and cross-walks, at the expense of the owners or occupiers of the ground fronting thereon, or at the expense of the person placing the same there, and to require and regulate the planting and protection of shade trees in the streets, the building of bulk-heads, cellar and basement ways, stairways, railways, window and doorways, awnings, hitching-posts and rails, lamp-posts, awning-posts, and all other structures projecting upon or over and adjoining, and all other excavations through and under the sidewalks in said city.

XXIX. To prevent and restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,

house, or place, in the city; to regulate, punish, and Firearms and prevent the discharge of firearms, rockets, powder, fire

works, or any other dangerous combustible material, in the streets, lots, grounds, alleys, or about, or in the vicinity of any buildings; to regulate, prevent, and punish, the carrying of concealed weapons; to arrest, regulate, punish, fine, or set at work on the streets, or




Concealed weapons.

Fast driving.

elsewhere, all vagrants and persons found in said city Vagrants. without visible means of support or some legitimate business; to regulate and prevent the storage of gun-Combustible powder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, dynamite, petroleum, or any of the productions thereof, and other material of like nature; and the use of lights in stables, shops, or other places, and the building of bon-fires; to regulate and prohibit the piling of building material, or any excavation or obstruction of the street.

XXX. To prevent and remove all encroachments Obstructions. into and upon all sidewalks, streets, avenues, alleys, and other city property; and to prevent and punish all horse racing, fast driving or riding, in the streets, highways, alleys, bridges, or places in the city; and all games, practices, or amusements therein, likely to result in Amusements. damage to any person or property; to regulate, prevent and punish the riding, driving, or passing of horses, mules, oxen, cattle, or other teams, or any vehicle drawn thereby, over, upon, or across sidewalks, or along any street of the city; to regulate and prevent the use of streets, use of streets, sidewalks, and public grounds, for signs, sign.posts, awnings, telegraph, telephone, or other poles, racks, bulletin boards, and the posting of handbills and advertisements; to regulate traffic and sales upon the streets, sidewalks, and public places; to punish and Cruelty to aniprohibit cruelty to animals; to regulate and prevent the moving of buildings through or upon the streets.

XXXI. To take all needful steps to protect the in- Interest in terests of the city, present or prospective, in any railroad leading from or toward the same.

XXXII. To make all such ordinances, by-laws, General ordirules, regulations, resolutions, not inconsistent with the 4 Neb., 103. laws of the state, as may be expedient, in addition to the special powers in this section granted, maintaining



6 Neb., 13.

Appropriate money.

Establish wards.

Open and vacate streets.

the peace, good government and welfare of the city, and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting penalties upon inhabitants, or other persons for the violation thereof, not exceeding one hundred dollars for any one offense, recoverable with costs, together with judgment of imprisonment until the amount of said judgment and costs be paid.

XXXIII. To appropriate money, and provide for the payment of the debts and expenses of the city.

XXXIV. To divide the city into wards, establish the boundaries thereof, and number the same.

XXXV. To open, widen, or otherwise improve or vacate any street, avenue, alley, or lane, within the limits of the city; and also to create, open, and improve any new street, avenue, alley, or lane; Provided, That all damages sustained by the citizens of the city, or the owners of the property therein, shall be ascertained in such manner as shall be provided by ordinance; Provided further, That whenever any street, avenue, alley, or lane shall be vacated the same shall revert to the owners of the adjacent real estate, one-half on each side thereot.

XXXVI. To create, open, widen, or extend any street, avenue, lane, or alley, or annul, vacate, or discontinue the same whenever deemed expedient for the public good, and to take private property for public use, or for the purpose of giving right of way or other privilege, to any railroad company, or for the purpose of erecting or establishing market houses and market places, or for any other necessary public purpose; Provided, however, That in all cases the city shall make the person or persons whose property shall be taken or injured thereby adequate compensation therefor, to be determined as provided in section 71 of this act.


7 Neb., 273.

passage, proof.

XXXVII. To borrow money on the credit of the Borrow money, city, and pledge the credit, revenue, and public prop erty of the city for the payment thereof, when authorized in the manner hereinafter provided.

XXXVIII. All ordinances shall be passed pursuant Ordinances, to such rules and regulations as the council may provide; and all such ordinances may be proved by the certificate of the clerk, under the seal of the city, and when printed or published in book or pamphlet form, and purported to be published by authority of the city, shall be read and received in evidence in all courts and places, without further proof. The passage, approval, and publication, or posting of said ordinances, shall be sufficiently proved by a certificate under the seal of the city, from the clerk thereof, showing that such ordinance was passed and approved, and when and in what paper the same was published, or when and by whom, and where the same was posted up. And when ordinances are published in book or pamphlet form, purporting to be published by authority of the city council, the same need not be otherwise published, and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts without further proof.

XXXIX. To elect one of their own body, who shall Elect President be styled the “president of the council,” and who shall preside at all meetings of the council in the absence of the mayor; and in the absence of the president, to elect

; one of their own body to occupy his place temporarily, and who shall be styled “acting president of the council,” and the president and acting president, when occupying the place of the mayor, shall have the same privileges as other members of the council; and all acts of the president, or acting president while so acting,

of council.

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