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SEC. 7. [Wards.]-Each city governed by this act shall be divided into wards, not less than six or exceeding ten in number, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population, as near as may
SEC. 8. [Election districts.]-Whenever fifty or more legal voters of any ward in such city shall petition the mayor and city council thereof, to divide such ward into two or more poling or voting districts, and it shall be made to appear that said ward contains more than four hundred legal voters, the said mayor and city council, on presentation of said petition, shall by ordinance divide such ward into two or more elecion districts, and appoint judges and clerks of election for such polling or voting districts, as now appointed for the elections held in the wards.
SEC. 9. [Precincts.]-Precinct lines in that part of the county embraced within the corporate limits of a city of the metropolitan class, shall correspond with the ward lines in such city, and such precincts shall correspond in number with the wards of the city, and be co-extensive with the same; Provided, That when a ward is divided into two or more election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.
SEC. 10. [Elections-Polls.]-At all elections authorized by this act, the polls shall be opened at such place in each election district as may be designated by the mayor, or as fixed by ordinance, and they shall be kept open between the hours specified by law for general state and county elections, and shall be conducted in accordance with the provisions of such law. [See chap. 26 a.]
SEC. 11. [Election-Officers.]-The general city election in all cities governed by this act shall be held on the Tuesday succeeding the first Monday in November 1891, and every two years thereafter, except as otherwise hereinafter specified. Such elections shall be held at the same place as are general elections for state and county officials occuring in such years. The officers to be elected at such elections shall be a mayor, police judge, city clerk, treasurer and comptroller. They shall each and all be elected by a plurality of all votes cast at said elections for such officials, and shall when properly qualified, hold office or the term herein designated, commencing on the first Tuesday in January succeeding said election, or until their successors shall be elected and qualified. The terms, powers or authority of any official herein named elected at any city election held in December, shall nor be affected or prejudiced by reason of the fixing of the date of holding city elections, as herein specified. [Amended 1891. chap. 7.]
SEC. 12. Council.]-The council of each city governed by this act shall consist of one member for each ward and an equal number from the city. Each councilman before entering upon the duties of his office, shall be required to give a bond to the city, with two or more good and sufficient sureties, who shall each justify that he is worth at least five thousand ($5,000) dollars in real estate in such city, over and above all debts, liabilities and exemptions. Such bond shall be in the sum of five thousand ($5,000) dollars and shall be conditioned for the faithful discharge of the duties of the Councilman giving the same, and shall be further conditioned that if said councilman shall vote for any expenditure or appropriation of money, or the creation of any liability in excess of the amount allowed by law, that such councilman and the sureties signing said bond shall be liable thereon. Said bond shall be filed with and approved by the mayor. [Amended 1891, chap. 7.]
SEC. 13. [Council.]-In cities of the metropolitan class now existing or hereafter created, the qualified voters of such city at the general election to be held in 1887, and at the general election to be held in 1891, and every two years thereafter shall, by a plurality of all votes cast for such officials, elect a number of councilmen equal to the number of wards in said city, who shall be known and designated as councilmen at large and who shall hold office for the term of two years from the first Tuesday in January following said election or until their successors are elected and qualified. At an
election which shall be held in 1892 and every two years thereafter and in the manner herein designated, there shall also be elected one councilman from each ward who shall be designated ward councilman; they shall each hold office for the period of two years from the first Tuesday in January succeeding such election. Whenever by reason of an increase of wards in such city, or by reason of being proclaimed a city of said metropolitan class, any ward shall be without representation, it shall be lawful and proper at the next succeeding general city election, or at a special election the call for and holding of which is hereby authorized, to elect ward councilmen for such wards, and also to elect a number of councilmen at large equal to the number of new or additional wards created. The terms of such ward councilmen and councilmen at large, shall be so stated and adjusted as to correspond with the terms of councilmen of the same class elected in 1892 and succeeding years as hereinabove designated. The councilmen at large and the ward councilmen shall constitute the city council, and no member shall be eligible to more than two consecutive terms. Ward councilmen shall be residents of the wards from which they may be elected. All councilmen's terms of office shall commence on the first Tuesday in January after their election, except such councilmen as may be elected at the special election herein authorized, whose terms shall commence immediately after the result of such election shall be declared. On said first Tuesday the councilmen shall assemble together and organize the city council. The terms, powers and authority of any official herein named elected at any city election held in December shall not be affected or prejudiced by reason of the fixing the date of holding city elections as herein specified. [Amended 1891, chap. 7.]
SEC. 14. [Electors-Canvass.]—The qualifications of electors in the several .wards shall be the same as is required for electors in precincts under the laws of the state. A meeting of the council shall be held the first Monday after each city election, at which meeting the returns shall be canvassed, and it shall cause the clerk to make out and deliver certificates of election to the persons found to be elected, and a neglect of any such officer to qualify within ten days after the delivery to him of such certificate, shall be deemed a refusal to accept the office to which he may have been elected. No person shall be eligible to any elective city office unless he is a qualified voter in the city at the time of his election.
SEC. 15. [Powers of council-Ordinances.]-The mayor and council of each city created or governed by this act, shall have the care, management, and control of the city, its property and finances, and shall have power to pass, amend, or repeal, any and all ordinances not repugnant to the constitution and laws of this state, necessary or proper to execute or carry into effect any of the provisions hereof, or any of the powers herein granted, except as otherwise herein provided.
SEC. 16. [Elections.]-The mayor and council shall have power to provide for the election of city officers, and to prescribe the manner of conducting the same, and the returns thereof, and the registration of voters, and for deciding contested elections in any manner not in conflict with existing laws, also to provide for filling such vacancies as may occur in the office of councilmen, or other elective office of the city, by calling special elections for that purpose, also to provide for removing officers of the city for misconduct, incompetency, or for malfeasance in office.
SEC. 17. [Offices.]—The mayor and council shall have power to create any of fice, or employ any agent they may deem necessary for the government and best interest of the city, and to prescribe and regulate the duties, powers, and compensation of all officers, agents, and servants of the city not herein provided for. But all such agents, of fiers, and servants employed or appointed under this act, so far as practical, must be qualified voters of said city. [Amended 1889, chap. 13.]
SEC. 18. [Bonds.]-The mayor and council shall have power to require of all officers or servants elected or appointed in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon. the official bond of another, or upon any bond executed to the city.
SEC. 19. [Reports.]-The mayor and council shall have power to require from any officer of the city at any time, a report in detail of the transactions in his office, or any matter connected therewith.
SEC. 20. [Public peace.]-The mayor and council shall have power to provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting, or using obscene or profane language. in the streets or other public places, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior.
SEC. 21. [Disorderly conduct.]-The mayor and council shall have power to provide for the punishment of vagrants, tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pick-pockets, gamblers, burglars, thieves, watch stuffers, ball game players, persons who practice any game, trick, or device with intent. to swindle, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves.
SEC. 22. [Disorderly houses, gaming.]-The mayor and council shall have power to restrain, prohibit, and suppress tippling shops, houses of prostitution, opium joints, or dens, gambling houses, prize fighting, dog fighting, cock fighting, and other disorderly houses and practices, all games and gambling and desecration of the Sabbath (commonly called Sunday), and all kinds of indecencies; also, to regulate and license or prohibit the keeping and use of billiard tables, ten pin or ball alleys, shooting galleries, and other similar places of amusements, and to prohibit and suppress by ordinance all lotteries and gift enterprises of all kinds under whatsoever name carried on. SEC. 23. [Police-Penalties.]-The mayor and council shall have power to make and enforce all police regulations for the good government, general welfare, health, safety, and security of the city and the citizens thereof, in addition to the police powers expressly granted herein, and in the exercise of the police power may pass all needful and proper ordinances; and shall have power to impose fines, forfeitures, penalties, and imprisonment at hard labor for the violation of any ordinance, and to provide for the recovery, collection and enforcement thereof, and in default of payment, to provide for the confinement in the city or county prison, work-house, or other place of confinement with or without hard labor as may be provided by ordinance. [Amended 1891, chap. 7.]
SEC. 24. [Fast driving—Animals at large.]-The mayor and council shall have power to prevent horse racing and immoderate driving or riding in the streets, and to compel persons to fasten their horses or other animals attached to vehicles while standing in the street.
SEC. 25. [Travelers.]-The mayor and council shall have power to adopt all such measures as they may deem necessary for the accommodation and protection of strangers and the traveling public in person and property.
SEC. 26. [Weapons- Fireworks.] The mayor and council shall have power to punish and prevent the carrying of concealed weapons, the discharge of firearms or fireworks of any description in any of the streets, alleys, or public grounds, on, about, or in the vicinity of buildings.
SEC. 27. [Unhwolesome substances.]-The mayor and council shall have power to prevent any person or persons from bringing, depositing, having, or leaving upon or near his premises or elsewhere within the city, any putrid or diseased carcass, or any putrid, diseased, or unsound beef, pork, poultry, fish, hides, or skins of any kind, or any other unwholesome substance, and to compel the removal of the same at the expense of such person or persons.
SEC. 28. [Streets in additions.]-No owner of real estate within the incorporate limits of such city shall have the right, or be permitted to subdivide said real estate into blocks and lots or parcels, without first having obtained from the city engineer a plat or plan for the avenues, streets, and alleys, to be laid out within or across the same, and such plat or plan of the avenues, streets, and alleys shall be made so that
such avenues, streets, and alleys, as far as practicable, shall correspond in width, name, and direction and be continuous of the avenues, streets, and alleys in the city contiguous to or near the real estate to be subdivided as aforesaid, and the mayor and council shall have power to compel the owner of such real estate, in subdividing the same, to lay out and dedicate to the public the avenues, streets, and alleys to be within or across such real estate in accordance with said plat or plan, and shall further have the power to prohibit the selling or offering for sale any lots or parts of such real estate not subdivided and platted as herein required. Any and all additions to be made to the city shall be made so far as the same relates to the avenues, streets, and alleys therein, under and in accordance with the foregoing provisions. [Amended 1889, chap. 13.]
SEC. 29. [Grades.]-The mayor and council shall have power to require any and all lots or pieces of ground within the city, to be drained, filled, or graded, so as to prevent stagnant water, banks of earth, or any other nuisance accumulating or existing thereon; and upon the failure of the owners of such lots or pieces of ground to fill, drain, or grade the same when so required, the council may cause such lots or pieces of ground to be drained, filled, or graded, and the cost and expense thereof, shall be levied upon the property so filled, drained, or graded, and collected as other special taxes.
SEC. 30. Board of Health.]—In each city of the metropolitan class, there shall be a board of health, to consist of the mayor, who shall be chairman; the commissioner of health, who shall be secretary, and who shall be the city physician of said city; the chief of police, sanitary commissioners, and two members of the city council, who are chairmen of committees relating to streets and alleys and sewers respectively; a majority of said board shall constitute a quorum. Said commissioner of health shall be appointed by the mayor, subject to the approval of a majority of the council, shall hold office for a term of two years from date of appointment unless sooner removed or retired, shall have the qualifications of a physician under laws of the state, and receive compensation at the rate of two thousand ($2,000) dollars per annum, payable monthly. He shall execute and enforce all laws of the state and ordinances of the city, relating to matters of health and sanitation, and all rules and regulations of the board of health concerning matters within their jurisdiction and control. He shall make reports to the board of health as by them directed, of his acts, doings and proceedings as such commissioner, and receive and execute the orders, directions and instructions of said board. The sanitary commissioner, under the direction of the board of health, shall have charge, control, and supervision of all sanitary and health affairs of such city, including the removal of dead animals, the sanitary condition of the streets, alleys, and vacant grounds; of stock-yards, wells, cisterns, privies, water-closets, cess-pools, and stables; of houses, tenements, manufactories, and all public and private buildings of every sort, and of any and all building and places not specified where filth, nuisances or offensive matter is kept or is liable to or does accumulate; the board of health shall have control and supervision of meats, food, drinks, and the inspection, condemnation, use, sale, and disposition thereof; and shall have power to define, declare, regulate, suppress and prevent the occurrence of nuisances; Said board shall also have control of all contagious or infectious diseases, and the care, treatment, regulation and prevention thereof; of all hospitals, dispensaries, and places for the treatment of the sick, and of matters relating to births and deaths and records thereof in said city; also of all cemetaries or places for the burial of the dead. The jurisdiction of said board of health shall extend over such city, and over all grounds and property within three miles of the limits thereof. Said commissioner of health shall have power to enter upon and inspect any and all premises for the detection, correction or extermination of nuisances, contagious or infectious diseases, or the improvement of the sanitary condition of said premises. Inspectors of meats, milk, food, and of any and all other matters and things relating to the sanitary condition of such city shall be under the control and direction of said board of health. The board of health, when in session, shall make rules and regulations for the conduct of its affairs and of the action of the said commissioner of health, and for the efficient
regulation, control, direction and improvement of the health and sanitary affairs of such city embraced or coming within the jurisdiction, direction or control of said board of health, coupled with penalties for the violation of the same. Said last named rules and regulations shall be presented to the city council and when approved and enacted by said council, shall have the force and effect of ordinances; and offenders against the same shall be prosecuted in the police court of said city and punished as are offenders against other ordinances of said city. Said board of health shall, as from time to time required by the city council, assume control and direction of the garbage, plumbing inspection, pound master, and other similar matters relating to the health and sanitary condition of such city, and in the same manner herein before provided, make rules and regulations for the government, control and effectiveness of the saine, or may continue to control and direct the same under existing ordinances as may be by said city council directed. Said board of health may provide such office and employ such clerks, inspectors, assistants and deputies as funds provided by the city council may permit, and may make rules and regulations for the government and control of such employees, and define the duties, power, authority, and compensation of the same. In case of the absence, disability or inability to act of said commissioner of health, the mayor may, and he is hereby authorized and empowered to designate and appoint some other member of said board or employee thereof, to temporarily perform the duties of said commissioner, and said appointee shall have and exercise the same powers and authority as said commissioner, during the period for which appointed. The chief of police shall co-operate with said board in the enforcement of all ordinances of the city relating to matters within the jurisdiction of said board, and as otherwise directed by the mayor and board of fire and police commissioners. To provide funds for the conduct of the affairs of said department of health the city council of said city shall upon the taking effect of this act and thereafter annually, levy a tax not exceeding one-eighth mill on the dollar valuation, upon all taxable property in said city subject to taxation, which tax shall be known as the health fund, and shall be known as the health fund and shall be enforced and collected as are other general taxes. [Amended 1891, chap. 7.]
SEC. 31. [Repealed 1891, chap. 7, § 38.]
SEC. 32. [Cruelty.]—The mayor and council shall have power to provide for the prevention of cruelty to children or animals.
SEC. 33. [Dogs.]-The mayor and council shall have power to regulate, license, or prohibit the running at large of dogs, and guard against injuries or annoyances therefrom, and to authorize the destruction of the same when running at large contrary to the provisions of any ordinance.
SEC. 34. [Domestic animals.]-The mayor and council shall have power to prohibit or regulate the running at large, or the herding or driving of domestic animals, such as hogs, cattle, horses, sheep, goats, fowls. or animals of any kind or description within the corporate limits, and provide for the impounding of all animals running at large, herded or driven, contrary to such prohibition, and also for the forfeiture and sale of animals impounded to pay the expenses of taking up, caring for, and selling the same, including cost of advertising and fees of officers.
SEC. 35. [Boiler and plumbing inspectors.]-The mayor and council shall have power to provide for the inspection of steam boilers, pipe fittings, and plumbings, and to appoint inspectors, except as herein specially provided, and to declare their powers and duties. [Amended 1889, chap. 13.]
SEC. 36. [Fire limits.]-The mayor and council shall have power to prescribe fire limits and regulate the erection of all buildings and other structures within the corporate limits, and provide for the removal of any building or structure, or addition thereto, erected contrary to such regulations, also provide for the removal of dangerous buildings and provide that wooden buildings shall not be erected, or placed, or repaired in the fire limits without permission, and to direct that all and any buildings within such fire limits, when the same shall have been damaged by fire, decay, or otherwise to the extent of fifty per cent of the value of a similar new building above the foundation, shall be