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7628 (144, sub. 17). Regulate width of wagon tires.

To regulate the transportation of articles through the streets and to prevent injuries to the streets from overloaded vehicles, and regulate the width of wagon tires and tires of other vehicles.

7629 (144, sub. 18). Regulate street amusements.

To prevent or regulate the rolling of hoops, playing of ball, flying of kites, the riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks or to frighten teams or horses. To regulate the use of vehicles propelled by steam, gas, electricity, or other motive power, operated on the streets of the city.

7630 (144, sub. 19). Regulate transportation of explosives.

To regulate or prohibit the transportation and keeping of gun powder, oils and other combustible and explosive articles.

7631 (144, sub. 20). Regulate sales.

To regulate, license or prohibit the sale of domestic animals, or of goods, wares and merchandise at public auction on the streets, alleys and highways, or any public ground within the city.

7632 (144, sub. 21). Regulate signs and advertising.

To regulate and prevent the use of streets, sidewalks and public grounds for signs, posts, awnings, awning posts, scales or other like purposes; to regulate and prohibit the exhibition or carrying or conveying of banners, placards, advertisements, or the distribution or posting of advertisements or handbills in the streets or public grounds, or upon sidewalks.

1. An ordinance prohibiting distribution of circulars on the streets is a reasonable police regulation, and does not contravene

sec. 5, art. 1, providing the right to speak or publish freely. Anderson v. State, Neb.; 96 N. W. R. 149.

7633 (144, sub. 22). Punish disorderly conduct.

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 or disorderly conduct, or by lewd and lascivious behavior.

7634 (144, sub. 23). Punish vagrants and tramps.

To provide for the punishment of vagrants, tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pick-pockets, gamblers, burglars, thieves, or 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, and to punish trespassers upon private property.

7635 (144, sub. 24). Suppress disorderly places.

To prohibit, restrain 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 pins or ball alleys, shooting galleries and other similar places of amusement and to prohibit and suppress, by ordinance, all lotteries and gift enterprises of all kinds. under whatsoever name carried on.

7636 (144, sub. 25). Make and enforce police regulations.

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, torfeitures, penalties, and imprisonment at hard labor for the violation of any ordinance, and to provide for the recovery, collection and enforceatent thereof. And in default of payment to provide for the confinement in the city or county prison, workhouse or other place of confinement with or without hard labor as may be provided by ordinance.

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7837 (111, sub. 26). Prevent fast driving.

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 streets.

7338 (144, sub. 27). Maintain libraries, art galleries, and museums.

To establish and maintain public libraries, reading rooms, art galleries and museums, and to provide the necessary grounds or buildings therefor; to purchase books, papers, maps, manuscripts and works of art, and objects of natural or scientific curiosity and instruction therefor; and to receive donations and bequests of money or property for the same in trust or otherwise. They may also pass necessary by-laws and regulations for the protection and government of the same.

7639 (144, sub. 28). Maintain hospitals, station houses, repair plants, etc.

To erect, designate, establish, maintain and regulate hospitals or work houses, houses of correction, jails, station houses, fire engine houses, asphalt repair plant, and other necessary buildings. Also plants for the disposal of garbage. Provided, that where contracts for such disposal of garbage now exist they shall not be extended nor shall any new contract be entered into for such work.

7640 (144, sub. 29). Establish market houses and other buildings.

To erect and establish market houses and market places, and to provide for the erection of all other useful and necessary buildings for the use of the city and for the protection and safety of all property owned by the city, and they may locate such market houses and market places, and buildings aforesaid, on any street, alley or public ground, or on any land purchased for such purpose.

7641 (144, sub. 30). Prevent additional cemeteries Register births and deaths.

The mayor and council shall have power to prohibit the establishment of additional cemeteries within the limits of the city, 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.

7642 (144, sub. 31). Inspect boilers, electric lights, and plumbing.

To provide for the inspection of steam boilers, electrical light appliances. pipe fittings and plumbings, and regulate their erection and construction, and to appoint inspectors, and to declare their powers and duties, except as herein. otherwise provided.

7643 (144, sub. 32). To provide fire limits and regulate erection of buildings. To prescribe fire limits and regulate the erection of all buildings and other structures within the corporate limits. To 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. Such ordinance shall not be suspended or modified by resolution nor shall exceptions be made by ordinance or resolution in favor of any person, firm or corporation or concerning any particular lot or building. To direct that all and any building 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 damages 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 costs may be collected from the owner of any such building or structure and be enforced by civil action in any court of competent jurisdiction.

7644 (144, sub. 33). Regulate party walls, doors, stairways.

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 and metail'e shutters and doors therein and thereon, and to provide for the inspection of elevators and hoist-way openings to avoid accidents; to prescribe, regulate and provide for the inspection of all plumbing, pipe-fitting or sewer connection 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 passage ways 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, fire-places, hearths, stoves, stove-pipes, ovens, boilers and heating appliances, used in or about any building or a manufactory, and to cause the same to be removed or placed in safe condition where they 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 such 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 area ways, stair ways and vaults, and to regulate partition fences: to enforce proper heating and ventilation of buildings used for schools, work

houses, or shops of every class wherein labor is employed or large numbers of persons are liable to congregate.

7645 (144, sub. 34). Regulate depots and freight houses.

To regulate levees, depots and 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.

7646 (144, sub. 35). Regulate railway crossings-Street cars.

To regulate the crossing 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 require the heating and cleaning of such cars, and to fix and determine the fare to be charged. 7C47 (144, sub. 36). Regulate lighting of cars and streets.

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 any company owning or operating such railways shall fail to comply with such requirements, 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.

7648 (144a). Levy school tax.

The city council of such city is hereby authorized, directed and required to levy and collect the number of mills reported and demanded by the Board of Education of metropolitan school districts as now and heretofore required by the law governing such school districts, and nothing herein contained shall be construed to in any manner repeal, annul or abridge such school law.

7649 (145). Certify to county clerk taxes to be raised.

It shall be the duty of the council to annually certify by resolution to the county clerk of the county in which such city is located, a gross sum to be raised by taxation for all municipal purposes for the ensuing calendar year upon all taxable property within the limits of the city. Such gross sum shall not exceed the amount of Seven Hundred and Fifty Thousand ($750,000) dollars for general purposes and such additional sum not exceeding two hundred and fifty thousand ($250,000) dollars as may be fixed and determined by the council for a sinking fund, to pay the interest on the general bonded indebtedness of the city. The council shall certify such sums before the county board of equalization has made a levy for county taxes. The council shall also certify the levy required by the Board of Education of such metropolitan school district and any other sum to the said county clerk as may be required by this act or by general law.

76491 (146). Amount of different funds.

The city council shall annually, in the first week in January after the levy provided for in the above section, set aside the following funds to be designated specific funds. The amounts hereinafter named shall be the maximum amounts that may be set aside in each specific fund and the maximum amount that may

be expended from the taxes and other incomes of the city during the ensuing year, unless otherwise provided in this act. For the fire department. One Hundred and Seventy-five Thousand Dollars. For the police department. One Hundred and Fifteen Thousand Dollars. For lights on streets and public grounds. Seventy Thousand Dollars. For the Public Library. Twenty-two Thousand Dollars. For the Park Board. Thirty Thousand Dollars, For cleaning and sweeping pavements. Forty Thousand Dollars. For repairing pavements. modifying, reforming or changing and maintaining curbs, and gutters. Thirty Thousand Dollars. For a fund for general expenses not specified above, Two Hundred and Sixty-eight Thousand Dollars.

76492 (147). General fund-How divided.

At the same time the council shall divide the general fund into the following specific funds which shall be subject to the same limitations as the specific funds provided for in the above section. 1. Payment of judgments and costs in the ensuing year. 2. Repairs to sewers. 3. Repairs to unpaved streets. 4. Construction or repair of bridges, viaducts and drains. 5. Salaries of inspectors of public improvements. 6. Salaries of other inspectors. 7. Sidewalks at intersections. 8. Maintenance and repairs of the city hall. 9. Separate funds for salaries and expenses of each office or board not already specified. 10. Such other funds as the council may create for each year for the proper distribution of the expenditures of the city.

7649 (148). Road fund-Light fund.

All receipts derived from the county road fund shall be credited to the park fund and shall be expended under the direction of the park board. All receipts. from franchises or royalties derived from lighting companies shall be credited to the fund for lighting streets and public grounds. Said receipts shall be added to the maximum amounts that may be expended from such funds. 7649* (149). Comptroller keep account with each fund.

The comptroller shall open an account with each specific fund, crediting each fund with ninety (90) per cent. of the maximum amount and all taxes or incomes collected during the year in excess of the said ninety (90) per cent, and shall notify the mayor and council of the balance available in such funds whenever requested. All general taxes and other incomes or receipts of such city shall be credited pro rata to each specific fund by the comptroller unless other credits are directed by this act.

76495 (150). Penalty for overdrawing fund.

It shall be malfeasance in office for the mayor or any councilman to vote for or approve any expenditure from any of such specific funds in excess of ninety per cent. (90%) of the amount of such funds unless there be additional money in the treasury credited to such fund by the comptroller as above provided, and the comptroller has certified such fact to the mayor and city council. No contract or other indebtedness shall be incurred in addition to the amounts above provided for, except in the event of an epidemic or of some unforseen accident requiring immedite repair for the public good, which fact or facts must be recited in the ordinance for such appropriation and such ordinance must be adopted by the mayor and two-thirds of all members elected to such council.

76496 (151). When funds transferred.

The balance remaining in each specific fund created by this act or created by the council shall not be carried over, transferred or diverted in any way except as herein provided any balance remaining in any specific fund after all obligations

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