Sec. 3.

feet of any

That no private market shall be established within 2100 public market.

Sec. 4. That any person desiring to establish a private market, shall upon complying with the provisions above set forth as to location and construction evidence by a certificate to that effect from the City Engineer shall obtain a license therefor.

Sec. 5. That whoever shall violate the conditions of this resolution shall be subject to a fine not to exceed $25.00 or to imprisonment in the parish prison for a term not to exceed thirty days. Providing that the fine shall not exceed $25.00 or imprisonment for more than thirty days.

Sec. 6. That all ordinances or parts of ordinances upon the same subject matter, in conflict herewith be and the same are hereby repealed.

ORDINANCE 7943, C. S.

(Adopted August 15, 1893.)

WHEREAS, There are no provisions in the building law regulating the height to which parties may construct a chimney or extend a stove pipe through the roof of rear buildings, kitchens, sheds, etc., Whereas, A great nuisance from smoke is occasioned to neighboring parties on account of the height to which the chimneys or stove pipes in these low buildings extend, and,

Whereas, It would abate a nuisance and provide measures for the better protection against fire if stove pipes and chimneys projecting through the roof of low buildings or sheds be extended to such height as to prevent danger from fire and nuisance by smoke,

Be it ordained by the Common Council of the City of New Orleans, That all chimneys in low buildings shall be extended to the height of three feet above the gutters of adjoining buildings which are located within a radius of fifty feet.

Be it further ordained, etc.. That no stove pipe shall extend through the side of any building, nor extend through the roof of any building, unless provided with a metal plate or earthenware protector, or a double metal thimble with two inch air space, leaving an air space one inch wide between the protector and the pipe, and no wood work shall be within a distince of eight inches of the above pipe when a metal protector is used, but the earthenware or metal thimble with a two inch air space may be set tight in wood work. When earthenware, clay or terra cotta are used, the ware pipe shall be not less than three-quarters of an inch thick, and shall be two inches larger in inside diameter than the outside of the stove pipe, and shall extend outward two inches beyond any wood work on either side, and may be set tight in such wood work, and opening between stove pipe and ware pipe may be closed with any incombustible material, and where through floors between two rooms or where through partitions between two rooms it shall be in all instances be so closed.

Be it further ordained, etc., That this ordinance shall go into effect from and after its passage.

Be it further ordained, etc., Tat all ordinances or parts of ordinances in conflict with the provisions of the foregoing ordinance be, and the same are hereby repealed.

(See Ordinance 6533 C., s. 24.)

ORDINANCE 9594, C. S.

(Adopted August 28, 1894.)

AN ORDINANCE

To regulate the establishment and operation of hospitals, sanitariums and other institutions of kindred character.

Be it ordained, That on and after the passage of this ordinance it shall be unlawful for any person, persons or corporation to set up, establish or operate a hospital, sanitarium or any institution of a kindred character without first having obtained permission from the City Council, and any person, persons or corporation violating the provisions of this ordinance shall be fined not more than ten dollars or less than five dollars for each and every day that said hospital, sanitarium, etc., shall be operated without complying with the provisions of this ordinance, said fine to be recoverable before any court of competent jurisdiction.

ORDINANCE 10,086, C. S.

(Adopted December 11, 1894.)

AN ORDINANCE

Making it unlawful for any person to adulterate, or cause to be adulterated, any molasses, syrup or other liquid saccharine matter, or selling, buying or causing to be bought, or disposing of in any way or manner, any molasses or other saccharine matter adulterated with zinc, tin or other chemical injurious and deleterious to public health, and providing a penalty for the violation of this ordinance, or any part thereof.

Section 1. Be it ordained by the Council of the City of New Orleans, That it shall be unlawful for any person or persons to adulterate, or cause to be adulterated, any molasses, syrup or other liquid or saccharine matter with zinc, tin or other chemical injurious or deleterious to public health.

Sec. 2. That it shall be unlawful for any person or persons to engage, employ or hire any one to adulterate any molasses, syrup or other liquid or saccharine matter, with zinc, tin or other chemical deleterious and injurious to public health.

Sec. 3. That it shall be unlawful for any person or persons to sell, cause to be sold, buy or cause to be bought, to dispose of, or cause to be disposed of in any way or manner, any molasses, syrup or any liquid or saccharine matter adulterated with zinc, tin or any other chemical injurious or deleterious to public health.

Sec. 4. That any party or parties arresting, or causing to be arrested, any person or persons violating this ordinance, or any section thereof, shall receive one-half of the fine imposed by the recorder.

Sec. 5. That any person or persons violating any section of this ordinance shall be fined not less than ten dollars or twenty days' imprisonment in the parish prison, and not more than twenty-five dollars ($25) or thirty days' imprisonment in the parish prison for each and every offense. Said fine or imprisonment to be imposed by the recorder in whose district the said violation occurs.

Sec. 6. That all ordinances, or parts of ordinances, in conflict with or inconsistent with the provisions of this article, be and the same are hereby repealed, and this ordinance shall take effect from and after this passage.

ORDINANCE 10,429, C. S.

(Adopted March 12, 1895.)

Authorizing Comptroller to advertise for sealed proposals for erection and maintenance of small-pox hospital within city limits, for five years, according to plans, etc., on file in his office.

ORDINANCE 10,430, C. S.

(Adopted March 13, 1895.)

Plans and specifications for above hospital.

ORDINANCE 10,569, C. S.

(Adopted April 11, 1895.)

Accepting bid of Dr. J. C. Beard for above and detailing consideration.

ORDINANCE 10,697, C. S.

(Adopted May 7, 1895.)

(As amended by Ordinance 10,762, C. S., adopted May 21, 1895.) Section 1. Be it ordained by the Council of New Orleans, That hereafter it shall be unlawful for any person, firm or corporation to operate any electric, trolley or other car or trains on the streets of this city without first providing in some reasonable manner for the abatement of the dust caused by the running of their cars.

Sec. 2. Further ordained, That the companies, firms or persons now operating in this city be and they are hereby granted thirty days from the promulgation of this ordinance to thoroughly comply with its provisions.

Sec. 3. (amd) Further ordained, That any person, firm or corporation violating this ordinance shall be fined twenty-five dollars or thirty days in jail, or both, at the discretion of the court having jurisdiction.

(As amd. by Ordinance 10,762, C., adopted May 21, 1895.)

ORDINANCE 11,357, C. s.

(Adopted September 28, 1895.)

Be it ordained by the Council, That all street car lines or railroads using horse, mule or electric power, be and are hereby prohibited from using flat wheels upon their cars.

Be it further enacted, That all persons, corporations or other parties violating this ordinance be subject to a fine of twenty-five dollars for each offense or in default thirty days imprisonment recoverable before any court having jurisdiction.

Be it further enacted, That all laws or parts of laws and ordinances in conflict with this ordinance be and are hereby repealed.

ORDINANCE 11,406, C. S.

(Adopted October 1, 1895.)

(1) Be it ordained by the Common Council of the City of New Orleans, That on and after the passage of this ordinance all parties requiring steam plants having a capacity of over ten (10) horsepower shall provide such plant with the necessary appliances to properly consume the smoke from said plant, the appliance adopted to be such as will consume not less than seventy-five (75) per centum of the smoke.

(2) Be it further ordained, etc., That all steam plants now existing shall, within six months after the passage of this ordinance, proceed to make arrangements for the necessary appliance to consume not less than seventy-five (75) per centum of the smoke, and they shall have the appliance in complete working order within twelve months after the passage of this ordinance.

(3) Be it further ordained, etc., That immediately on the passage of this ordinance the City Engineer shall notify, in writing, all steam plants now in operation of the provisions of this ordinance, and shall take the necessary steps to enforce came. All appliances which are adopted for the consumption of smoke to be such as will be approved by the City Engineer.

(4)

Be it further ordained, etc., That any parties now operating steam plants requiring a smoke consumer to conform to this ordi nance, and who shall not place same within one year after the passage of this ordinance, shall be subject to a fine of twenty-five dollars ($25) for each and every day that said plant is operated thereafter, without the appliances; said fine to be recoverable before any court of competent jurisdiction.

(5) Be it further ordained, etc., That any and all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed.

ORDINANCE 12,908, C. S.

(Adopted November 24, 1896.)

(As amended by Ordinance 14,082, C. S., adopted March 8, 1898.)

AN ORDINANCE

For the punishment of any person or persons removing, tearing down. mutilating, defacing or destroying flag or flags or other signal or signals for small-pox, yellow fever, diphtheria, scarlet fever and other contagious or infectious diseases as the Board of Health may cause to be flagged or marked or signaled.

(As amd. by Ordinance 14,082, C., adopted March 8, 1898.) Section 1. Be it ordained by the City Council of the City of New Orleans, That from and after the passing of this ordinance the Board of Health shall cause to be placed upon all premises, hotels, residences, houses and inns wherein any case of yellow fever, diphtheria, small-pox or scarlet fever exists, a flag or signal, attached to or placed upon said premises, of any color as in the opinion of the Board of Health shall be deemed necessary to denominate the nature of the disease, with the name printed thereon with large, legible letters, which flag shall be placed upon gates, posts, doors, or in any conspicuous place or places, upon any building or house in which is contained a case of yellow fever, small-pox, diphtheria, or scarlet

fever or any other contagious or infectious disease, as the Board of Health in its opinion shall deem necessary to warn the public against and to confine to the premises where it is situated.

Sec. 2 (Amd) Be it ordained, etc., Any person or persons, upon conviction of tearing down, removing, mutilating, defacing or destroying any flag or flags or other signal or signals from any building or buildings or premises, placed thereon as herein provided, shall be guilty of a misdemeanor, and shall be subject to a fine of not more than twenty-five dollars ($25) or thirty days' imprisonment in the parish prison, or both, at the discretion of the Recorder of the district wherein the offense is committed.

(As amd. by Ordinance 14,082, C., adopted March 8, 1898.)

ORDINANCE 12,942 C. S.

(Adopted December 15, 1896.)

Be it ordained by the City Council of the City of New Orleans Section 1. That from and after the passing of this ordinance, it shall be unlawful for vidangeurs or other persons employed in the vidangeur business for the removing of night soil and foecal matter within the City of New Orleans, to empty any vaults, cess-pools or privy vaults, without first having obtained, from the Board of Health, a permit in writing.

Sec. 2. That nothing in this ordinance shall be construed as a permit to do this said work, except special permit herein provided for and directed as a special permit to vidangeurs or other persons duly licensed and authorized to perform such work and carry on such business in the City of New Orleans. This work to be performed only within the hours of daylight.

Sec. 3. That it shall be unlawful for any permit to be issued to any person other than a vidangeur or a regularly licensed person, company, or corporation engaged in said business, who have duly qualified and registered as provided by law as licensed vidangeurs of this city.

Sec. 4. That the fee for said permit should not be more than twenty-five cents for each and every permit.

Sec. 5. Any person or persons, company or companies, firm or firms, corporation or corporations who shall violate any of the provisions of the foregoing ordinance shall, upon conviction thereof, be fined not more than twenty-five dollars ($25) or thirty days in the parish prison, or both at the discretion of the Recorder of the district wherein the offense is committed.

Sec. 6. Be it further ordained, That any and all ordinances or parts of ordinances in conflict with the foregoing, be and the same are hereby repealed.

ORDINANCE 13,073 C. S.

(Adopted February 2, 1897.)

(As amended by Ordinances 14,056 C., adopted March 1, 1898, and 16,036 C., adopted March 13, 1900.)

(Amd.) Prohibiting spitting on the floors and platforms of street cars and the cabins of ferry-boats.

(As amd. by Ordinance 14,056 C.)