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

5

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, the plumbing inspector, 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 the council. He shall have the qualifications of a physician under laws of the state. 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 proceeding as such commissioner, and receive and execute the orders, directions and instructions of said board. He shall have charge, control, and supervision under said board of health of all sanitary and health affairs of such city, including the removal of dead animals, the sanitary condition of 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 buildings 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. The board of health shall have power to define, 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 cemeteries 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 said commissioner of health, and for the efficient

SEC. 30. Appointment and removal of commissioners, 35 Neb., 322.

CH. 12α

CITIES OF THE METROPOLITAN CLASS.

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. 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 same, 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 the fund 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, subject to the approval of the council, some suitable person who shall be a physician of good standing to temporarily perform the duties of said commissioner, and such appointee shall have and exercise the same powers and authority as said commissioner during the period for which appointed. The board of fire and police commissioners and the chief of police shall cooperate 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 city council. [Amd. 1893, chap. 3, § 5.]

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

torn down or removed, and to prescribe the manner of ascertaining such damage and to assess the cost of removal of any building erected or existing contrary to such regulations or provisions, against the lot or real estate upon which such building or structure is located or shall be erected, or such cost may be collected from the owner of any such building or structure, and be enforced by civil action in any court of competent jurisdiction [Amended 1889, chap. 13.1

SEC. 37. [Party walls-Fire protection-Building material.]— The mayor and council shall have power to regulate the construction, use and maintenance of party walls, and to prescribe and regulate the thickness, strength and manner of constructing stone, brick, wood or other buildings, the size and shape of brick and other material placed therein and to prescribe and regulate the construction and arrangement of fire escapes and placing of iron or metallic shutters and doors therein and thereon, and to provide for the inspection of elevators, and for the protection of elevator and hoistway openings to avoid accident; to prescribe, regulate and provide for the inspection of all plumbing, pipe fitting or sewer connectings in all houses or buildings now or hereafter erected; to regulate the size, number and manner of construction of halls, doors, stairways, seats, aisles and passageways of theatres, tenement houses, audience rooms, and all buildings of a public character, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fire; to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and heating appliances, used in or about any buildings or manufactory, and to cause same to be removed or placed in safe condition when same are considered dangerous; to regulate and prevent the carrying on of manufactures dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all buildings and enclosures as may be in a dangerous state to be put in a safe condition; to prevent the disposing of and delivery or use in any building or other structure. of soft, shelly and imperfectly burned brick or other unsuitable building material within the city limits, and providing for the inspection of the same; to provide for the abatement of dense volumes of smoke; to regulate the construction of areaways, stairways and vaults; and to regulate partition fences. [Amended 1891, chap. 7.]

SEC. 38. [Preservation of streets.]-The mayor and council shall have power to regulate the transportation of articles through the streets, and to prevent injuries to the streets from overloaded vehicles, and to prescribe the width of tires for wagons used on paved streets.

SEC. 39. [Street amusements.]-The mayor and council shall have power to prevent or regulate the rolling of hoops, playing of ball, flying of kites, the riding of bicycles or tricyles, or any other amusement or practice having a tendency to annoy persons passing in the street or on the sidewalks, or to frighten teams or horses.

SEC. 40. [Sidewalks.]-The mayor and council shall have power to provide for keeping sidewalks clean and free from obstructions and accumulations, and may provide for the assessment and collection of taxes on real estate, and for the sale and conveyance thereof, to pay the expenses of keeping the sidewalk adjacent to such real estate clean and free from obstructions and accumulations as herein pro vided.

SEC. 41. [Weights and measures-Produce.]-The mayor and council shall have power to regulate the weighing and measuring of hay, wood, and other articles exposed for sale, and of all coal sold or delivered within the city, and to provide for license and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables, and all other provisions or articles of food exposed or offered for sale in the city, and to prescribe the weight and quality of bread exposed or offered for sale in the loaf. [Amd. 1893, ch. 3, § 6.]

SEC. 42. [Explosives.]-The mayor and council shall have power to regulate or prohibit the transportation and keeping of gunpowder, oils, and other combustible and explosive articles.

SEC. 43. [Street auctions.]-The mayor and council shall have power to regulate, license, or prohibit the sale of domestic animals, or of goods, wares, and merchandise

at public auction on the streets, alleys, highways, or any public grounds within the city.

SEC. 44. [Cemeteries.]-The mayor and council shall have power to prohibit the establishment of additional cemeteries within the limits of the city, and, and to regulate the registration of births and deaths, to direct the keeping and returning of bills of mortality, and impose penalties on physicians, sextons, and others for any default in the premises.

SEC. 45. [Railways-Depots-Tracks.]-The mayor and council shall have power to regulate levees, depots, depot grounds, and places for storing freights and goods, and to provide for and regulate the laying of tracks and the passage of steam, cable, horse, or other railways through the streets, alleys, and public grounds of the city.

SEC. 46. [Same-Running.]-The mayor and council shall have power to regulate the crossings of railway tracks, to regulate the running of railway engines, cars, and trucks within the limits of the city, and to make other and further rules and restrictions to prevent accidents at crossings and on the tracks of railroads, and to prevent fires from engines; also to regulate and prescribe the time and manner of running street cars within the city, and to require the heating and cleaning of such cars, and to fix and determine the fare to be charged.

SEC. 47. [Same-Lighting.]-The mayor and council shall have power to require the lighting of any railway within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and may fix and determine the number, size, and style of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lamp posts, and in case the company owning or operating such railways shall fail to comply with such requirement, the council may cause the same to be done, and may assess the expense thereof against such company, and the same shall constitute a lien upon any real estate belonging to such company and lying within such city, and may be collected in the same manner as taxes for general purposes.

SEC. 48. [Same-Viaducts.]-The mayor and council shall have power to require any railroad company or companies, owning or operating any railway track or tracks upon or across any public street or streets of the city, to erect, construct, re-construct, complete, and keep in repair any viaduct or viaducts, upon or along such street or streets, and over or under such track or tracks, including the approaches to such viaduct or viaducts as may be deemed and declared by the mayor and council necessary for the safety and protection of the public. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the mayor and council shall provide for appraising, assessing, and determining the damage, if any, which may be caused to any property by reason of the construction of such viaduct and its approaches. The proceedings for such purpose shall be the same as provided herein for the purpose of determining damages to property owners by reason of the grading of a street, and such damages shall be paid by the city, and may be assessed by the city council, against property benefited. The width, height, and strength of any such viaduct and the approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the board of public works, as may be approved by the mayor and council. When two or more railroad companies own or operate separate lines of track to be crossed by any such viaduct, the proportion thereof and of the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be determined by the mayor and council. It shall be the duty of any railroad company or companies, upon being required as herein provided to erect, construct, reconstruct, or repair any viaduct, to proceed within the time and in the manner required by the mayor and council to erect, construct, reconstruct, or repair the same, and it shall be a misdemeanor for any railroad company or companies to fail, neglect, or refuse to perform such duty, and upon conviction any such company or companies shall be fined one hundred dollars ($100), and each day any such company or companies shall fail, neglect, or refuse to perform such duty shall be deemed and