32. To make and establish such and so many uniform rules and regulations 23 May 1889, art. 5, as to them may seem expedient for the better regulation of porches, porticos, $8, cl. 17. P. L. 277. benches, doorsteps, railings, bulk, bay or jut windows, areas, cellar doors and Porches, baycellar windows, signs and sign posts, boards, poles or frames, awnings, awning windows, &c. posts or other devices or things projecting over, under, into or otherwise occupying the sidewalks, or other portion of any of the streets, lanes or alleys, and in relation to boxes, bales, barrels, hogsheads, crates or articles of merchandise, lumber, coal, wood, ashes, building materials or any other article or thing whatsoever, placed in, or upon, any of the said sidewalks or other portion of said streets, lanes or alleys, and also to prevent and remove all encroachments thereon. Ibid. cl. 18. Railroad bridges 33. To provide for and require the construction and maintenance of bridges or other crossings, over or under railroad tracks, and to enter into contracts with railroad companies for the construction and maintenance of the same; to require and crossings. the erection of safety gates and the placing of flagmen at the intersection of rail- Safety gates. roads with public streets; to forbid the obstruction of the said crossings by locomotives or railroad cars, and also to make reasonable regulations concerning the rate of speed at which locomotives, cars or trains shall pass upon or across the Rate of speed. streets within the built-up portions of the city. the same. Ibid. cl. 19. 34. To establish and maintain night-watch and police and define the duties of Night-watch and police. 35. To regulate the police of the city and to impose fines, forfeitures and pen- Ibid. cl. 20. alties for the violation of any ordinance, and provide for the recovery and collec- Fines and penaltion of the same; and in default of payment to provide for confinement in the city ties. or county prison, or to hard labor upon the streets or elsewhere, for the benefit of Imprisonment or the city. labor on streets. Ibid. cl. 21. Lock-ups. 36. To provide for the erection or purchase of lock-ups, or watch-houses in some convenient part of the city, for the detention and confinement of vagrants and persons arrested by the police officers, until the persons so arrested can be taken before the proper magistrate for hearing, and committed to prison or dis- Detention therein. charged; but no person shall be detained therein for a longer time than twentyfour hours, except upon the order of a magistrate legally authorized, who may commit such person for further hearing. Ibid. cl. 22. Hospitals, prisons, 37. To erect or purchase, establish and maintain hospitals, prisons, work-houses and houses of correction for juvenile or other offenders, and to prescribe regulations for the government thereof, and also to erect all public buildings necessary work-houses, &c. for the use of the city or of any department thereof. Ibid. cl. 23. 38. To establish and enforce suitable police regulations for the protection of persons and property at public squares, parks, depots, depot-grounds and other Public squares, places of public resort, and for the arrest and commitment of professional thieves. parks, depots, &c. 39. To offer rewards for the arrest and conviction of persons guilty of capital or Ibid. cl. 24. high crimes within the city; but no policeman shall be entitled to receive any Rewards. share thereof. Ibid. cl. 25. 40. To license and collect a license tax from all skating rinks, operas, theatres, License tax from concerts, shows, circuses, menageries and all kinds of public exhibitions for pay shows, theatres, (except those for local, religious, educational or charitable purposes), to regulate the same and to restrain all exhibitions of indecent or immoral character. &c. Restrain immoral 42. To establish stands for coaches, cabs, omnibuses, carriages, wagons and &c. other vehicles for hire, and to enforce the observance and use thereof, and to fix Ibid. cl. 27. the rates and prices for the transportation of persons and property from one part Cab stands. of the city to another. Rates of charge. 43. To restrain, prohibit and suppress tippling shops, houses of prostitution, gambling houses, gaming cock, or dog fighting and other disorderly or unlawful establishments or practices, desecration of the Sabbath day, commonly called Sunday, and all kinds of public indecencies. Ibid. cl. 28. Tippling shops, &c. 44. To prevent and restrain riots, routs, noises, disturbances or disorderly Ibid. cl. 29. assemblies in any street, house or place in the city, to regulate, prevent and Prevention of punish the discharge of fire-arms, rockets, powder, fire-works or any other dan- riots, &c. gerous combustible material in the streets, lots, grounds, alleys, or in the vicinity Fire-arms. of any buildings; to prevent and punish the carrying of concealed deadly Concealed weapons; to arrest, fine or set at work on the streets or elsewhere, all vagrants weapons. found in said city; to prevent and punish horse-racing, fast driving or riding in Vagrants. the streets, highways, alleys, bridges or places in the city, and all games, practices Fast driving. or amusements therein likely to result in danger or damage to any person or Dangerous amuseproperty, and to prevent and punish the riding or driving of horses, mules, oxen, ments. cattle or other teams, or the passage of any vehicle drawn thereby, over, upon Driving upon or across sidewalks, and to regulate the passing of the same through the public sidewalks. streets. Ibid. cl. 30. 45. To purchase and own grounds for, and to erect and establish market houses and market places; for which latter purpose parts of any street or side- Market houses and walk may be temporarily used, and to provide and enforce suitable general market places. market regulations; to contract with any person or persons or association of per 23 May 1889, art. 5, sons, companies or corporations, for the erection and regulation of market houses §3, cl. 30. P.L. 277. and market places, on such terms and conditions and in such manner as the Market licenses. Ibid. cl. 31. Weights and measures. Hay, coal, and wood. Ibid. cl. 32. Levees and fer ries. Wharves. Ibid. cl. 33. Water-courses, wells, cisterns, &c. Ibid. cl. 34. councils may prescribe, and raise all necessary revenue therefor, as herein provided; and also to levy and collect a license tax from every person or persons who may be authorized by councils to occupy any portion of the streets or sidewalks for temporary public market purposes. 46. To regulate the weighing and measuring of every commodity sold in the city in all cases not otherwise provided by law; provide for and regulate the inspection and weighing of hay, grain and coal and the measuring of wood and fuel to be used in the city, and to designate the place or places of the same, and to regulate and prescribe the place or places for exposing for sale hay, coal and wood, and to demand and receive reasonable fees for inspection, weighing and measuring as aforesaid, and for the regulation and stamping of weights and measures. 47. To provide for the construction and maintenance of levees and ferries within the city limits; to erect wharves on navigable waters adjacent to the city, regulate the use thereof, collect wharfage and establish wharf and dock lines. 48. To establish and change the channels of water-courses, and to wall and cover them over; to establish, make and regulate public wells, cisterns, aqueducts and reservoirs of water, and to provide for filling the same. 49. To purchase, by and with the consent of a majority of the qualified electors, obtained at an election held therefor at a time and place to be fixed by councils, Purchase of lands lands and premises for public parks, and to levy and collect such special taxes as may be necessary to pay for the same; and to make appropriations for the improvement and regulations for the government of parks owned or controlled by the city. for public parks. Election prior to purchase. Ibid. cl. 35. Impounding cattle, &c. 50. To provide for the erection of all needful pens, pounds and buildings within Pens, pounds, &c. or without the city limits, appoint keepers thereof and to regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats, dogs or other animals, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such prohibitions, and the expenses of impounding and keeping the same and of such sale; to regulate struction of dogs. and provide for taxing the owners and harborers of dogs, and to destroy dogs found at large contrary to any ordinance. Taxation or de Ibid. cl. 86. Public health. Ibid. cl. 87. Contagious dis eases. Quarantine laws. Fire department. Ibid. cl. 89. neys, &c. 51. To make regulations to secure the general health of the inhabitants and to remove and prevent nuisances. 52. To make all necessary orders and regulations to prevent the introduction of contagious or pestilential diseases into the city; to enact quarantine laws for that purpose and to enforce the same within five miles of the city limits. 53. To purchase fire engines, hooks, ladders, trucks, fire alarms and other apparatus for the extinction of fires; to organize a fire department with or without pay, to make the necessary appropriations for the maintenance of the same, and to prescribe rules and regulations for the government of the officers and companies belonging thereto, and, if a paid department, to provide by ordinance for the election or appointment of the officers and companies belonging thereto. 54. To regulate the construction and inspection of fire-places, chimneys, stoves, Dangerous chim- stove-pipes, ovens, boilers, kettles, forges or any apparatus used in any building, manufactory or business, and to order the suppression or cleaning thereof when deemed necessary for the prevention of fires, to regulate or prohibit the manufacture, sale, storage or transportation of inflammable or explosive substances within the city, and to prescribe limits within which no dangerous, obnoxious or offensive business shall be carried on. Explosive sub stances. Ibid. cl. 40. Building inspection. Ibid. cl. 41. Lighting of streets. Numbering of houses. Ibid. cl. 42. 55. To provide a system for the inspection of buildings to insure their safety and incombustibility, and for the appointment of one or more building inspectors; to prescribe limits within which buildings shall not be constructed or reconstructed, or into or within which the same shall not be removed, except of incombustible materials, with fire-proof roof; and any building erected, reconstructed or removed into or within such limits, contrary to the provisions of any ordinance forbidding the same shall be a public nuisance and abatable as such. 56. To provide for and regulate the lighting of the streets with gas or electric lights, or light by other means, and to require the numbering of houses. 57. To have the exclusive right at all times to supply the city with gas or other light, and such persons, partnerships and corporations therein as may desire the same, at such prices as may be agreed upon; and also to have at all times the Exclusive right to supply gas or other unrestricted right to make, erect and maintain the necessary buildings, machinery light. and apparatus for manufacturing and distributing the same, or, in territory not supplied with light, to make contracts with, and authorize any person, company or association so to do, and to give such person, company or association the privilege of supplying gas or other light as aforesaid for any length of time not exceeding ten years. Contracts for sup ply of light. Ibid. cl. 43. Exclusive right to supply water. 58. To have the exclusive right at all times to supply the city with water, and such persons, partnerships and corporations therein as may desire the same, at such prices as may be agreed upon, and for that purpose to have at all times the unrestricted right to make, erect and maintain all proper works, machinery, 28 May 1889, art. 5, buildings, cisterns, reservoirs, pipes and conduits for the raising, reception, con- §8, cl. 48. P. L. 277. veyance and distribution of water, or, in territory not supplied with water, to Water-works. make contracts with, and authorize any person, company or association so to do, Contracts. and to give such person, company or association the privilege of furnishing water aforesaid for any length of time not exceeding ten years. 59. To enter upon the land or lands, lot or lots, of any person or persons within the city, at all reasonable hours, by their duly appointed city engineer, in order to Ibid. cl. 44. set out the foundations and regulate the walls to be built between party and party, Party walls. as to the breadth and thickness thereof, which foundation shall be laid equally upon the lands of the persons between whom such party-wall is to be made, and the first builder shall be reimbursed one moiety of the charge of such party-wall, or for so much thereof as the next builder shall have occasion to make use of, before such next builder shall or may use or break into said wall. 60. To enter upon the land or lands, lot or lots, of any person, or persons within the city, at all reasonable hours, by their duly appointed city engineer, in order to regulate partition fences; and when adjoining parties shall improve or enclose their lots, such fences shall be made in the manner generally used, and kept in good repair at the equal expense of the parties, unless the owners or occupants between whom such fence is erected shall agree otherwise. Ibid. cl. 45. Partition fences. Ibid. cl. 46. 61. To make all such ordinances, by-laws, rules and regulations, not inconsistent with the constitution and laws of this commonwealth, as may be expedient or necessary, in addition to the special powers in this section granted, for the proper necessary ordiTo pass other management, care and control of the city and its finances, and the maintenance of nances. the peace, good government and welfare of the city, and its trade, commerce and manufactures, and the same to alter, modify and repeal at pleasure; and to enforce Penalties. all ordinances by inflicting penalties upon inhabitants or other persons for the violation thereof, not exceeding one hundred dollars for any one offence, recoverable with costs, together with judgment of imprisonment not exceeding thirty days, if the amount of said judgment and costs shall not be paid. Ibid. cl. 47. 62. The councils of each of said cities of the third class shall, in joint convention, on the second Monday of April, or as soon thereafter as practicable, elect, by Election of city the vote of a majority of the members chosen to both branches, a competent city engineer. engineer, for the term of three years, who shall appoint such assistants as councils Assistants. shall authorize by ordinance. Ibid. Mayor's appointing power. 63. The mayors now in office shall not have power to make appointments given under the provisions of this act before the first Monday in April next. 64. In cities of the third class, operating with but a single branch of council, the Ibid. art. 19, § 4. members thereof in office at the date of the approval hereof are empowered to exercise all the functions of councils in the manner theretofore authorized, until their successors are duly elected and installed in accordance with the provisions of councils. this act. Cities having but one branch of V. Councils; Ordinances; Officers; Contracts; Appropriations. 65. The legislative power of every city of the third class shall be vested in the 23 May 1889, art. 4, councils thereof, which shall consist of two branches, the select and common coun- § 1. P. L. 277. cil. No officer of the United States or of the state of Pennsylvania (except notaries Councils. public or officers of the militia), nor any municipal or county officer or employé of Eligibility. the city, or of any department thereof, shall serve as a member of councils during his continuance in such office or employment. Ibid. § 2. Passage of ordi 66. No ordinance shall be passed by councils except by bill, and no bill shall be so altered or amended on its passage through either branch as to change its original nances. purpose. Amendments. 67. No bill shall be considered unless referred to a joint or separate committee, returned therefrom, and printed for the use of the members; and no bill shall Bills to be referred and printed. be passed containing more than one subject, which shall be clearly expressed in its To contain but title. one subject. Ibid. § 3. 68. Every bill shall be read at length in each branch; all amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill, and no bill shall be passed finally in either branch upon the same Bills to be read. day on which it was introduced or reported. On its final passage the vote shall Amendments to be taken by yeas and nays, and the names of the persons voting for and against Not passed on day the same be entered on the journal; and no bill shall be passed finally unless a introduced. majority of the members elected to each branch be recorded thereon as voting in Yeas and nays on its favor. be printed. final passage. 69. No amendment to bills by one branch shall be concurred in by the other, Ibid. § 4. except by the vote of a majority of the members elected thereto, taken by yeas Vote on amendand nays, and the names of those voting for and against the same recorded upon ments. the journal thereof; and reports of committees of conference shall be adopted Conference comin either branch only by the vote of a majority of the members elected thereto, mittees' reports. taken by yeas and nays, and the names of those voting recorded upon the journals. 23 May 1889, art. 4, $5. P. L. 277. Councils to prescribe the number, duties and compensation of 70. The councils shall prescribe by ordinance the number, duties and compensation of the officers and employés of the city, and no payment shall be made from the city treasury, or be in any way authorized, to any person except an officer or employé elected or appointed in pursuance of law; and no ordinance shall be passed giving any extra compensation to any officer, servant, employé, agent or contractor, nor providing for the payment of any claim against the city without previous authority of law; and any officer drawing or countersigning Payment of unau- any warrant, or passing any voucher for the same, or paying the same, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars and imprisonment not exceeding one year. city officers. Extra compensation forbidden. thorized claims. Penalty. Ibid. § 6. nished by contract to lowest bidder. 71. All stationery, paper and fuel used in the councils and in other departments of the city government, and all work and materials required by the city Supplies to be fur- shall be furnished, and the printing, advertising and all other kinds of work to be done for the city, except ordinary repairs of highways, shall be performed under contract to be given to the lowest responsible bidder, under such regulations as shall be prescribed by ordinance. Councils may, by ordinance, provide a contingent fund for necessary repairs or incidental expenses, not provided for in the annual contracts for labor or supplies; and such fund shall be appropriated to such purposes exclusively, and may be expended without advertising for bids. Contingent expenses. Ibid. § 7. Appropriations. Creation of debts. Ibid § 8. Soliciting or receiving bribes by councilmen. Punishment. Ibid. § 9. 72. No money shall be paid out of the city treasury except upon appropriations made according to law, and on warrant drawn by the proper officer in pursuance thereof; and no municipal department shall create any debt or make any contract, except in pursuance of previous authority of law or ordinance. 73. A member of councils who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, any money, office, appointment, employment, testimonial, reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter or thing aforesaid for another, as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence, in consideration of the payment or promise of such money, advantage, matter or thing to another, shall be held guilty of bribery; and upon conviction thereof shall be punished by a fine not exceeding ten thousand dollars, and by separate and solitary confinement at labor for a period not exceeding five years, and shall be forever incapable of holding any place of profit or trust in this commonwealth. 74. Any person who shall directly or indirectly offer, give or promise any Offering bribes to money or thing of value, testimonial, privilege or personal advantage to any member of councils to influence him in the performance or non-performance of any of his public or official duties, shall be guilty of bribery and be punished in such manner as that offence is by law punishable. councilmen. Ibid. § 10. Interested coun 75. A member who has a personal or private interest in any measure or bill proposed or pending before councils, shall disclose the fact to the branch of cilmen not to vote. Wwhich he is a member, and shall not vote thereon nor take part in the discussion of the same. If such interested member shall vote without disclosing his interest in such measure or bill, and the same be carried by his vote, he shall forfeit his office, and such measure or bill shall be void. Penalty. Ibid. § 11. City property not vate gain. interested in con tracts. 76. No portion of the property of the city shall be used for purposes of private gain by any officer, councilman, agent or employé of said city, or of any to be used for pri- department thereof, nor shall the same be wilfully used or injured, or be sold or disposed of in any manner, without the consent of councils, by any such officer, councilman, agent or employé. Nor shall any officer, councilman, agent or Officers not to be employé of said city or of any department thereof be interested, directly or indirectly, either personally or as a member or officer of any firm, company or corporation contracting with the city or any department thereof, for the use, lease, occupation or enjoyment of any of the works, material or property of said city. Any violation of the provisions of this section shall be a misdemeanor, Violation a misde- and upon conviction thereof, the person or persons so offending shall be punished by a fine not exceeding one thousand dollars and by imprisonment not exceeding one year, or either, at the discretion of the court trying the same; and upon such conviction, the party offending shall be forthwith removed from his office or employment, and shall not thereafter be eligible to election or appointment to any place of profit or trust under said city or any department thereof. meanor. Ibid. § 12. City officers not to 77. No member of councils or other city officer shall become the surety in any bond or obligation given to the city, by any other officer or by any agent or conbe surety for each tractor, for the faithful performance of any trust, agency or contract. Any person becoming surety in violation of the provisions hereof shall forfeit his office, and be deemed guilty of a misdemeanor, punishable upon conviction by a fine not exceeding five hundred dollars. other. Penalty. Ibid. § 13. 78. No member of councils or other officer of such city shall, either directly or indirectly, be a party to, or in any manner interested in, any contract or agreement 23 May 1889, art. 4, with such city for any matter, cause or thing whatsoever by which any liability or $ 18. P. L. 277. indebtedness is in any way or manner created against such city, and if any con- Officers not to be tract or agreement shall be made in violation of the foregoing provision, the same interested in conshall be null and void, and no action shall ever be maintained thereon against said tracts. city. Penalty. Ibid. § 14. 79. No member of councils or other officer of such city shall purchase any warrant, order or claim for labor or supplies furnished to such city, nor be interested, Not to purchase directly or indirectly, in the purchase of the same for any sum less than the warrants, orders amount specified therein, and any such person purchasing a warrant, order or or claims against claim in violation of the foregoing provision shall be guilty of a misdemeanor, Penalty. and on conviction thereof shall be punished by a fine not exceeding one hundred dollars. city. Ibid. § 15. Officers to be 80. All officers of the several cities of the third class, whether elected or appointed, shall, before entering upon their respective duties, take and subscribe the oath prescribed by section first of article seven of the constitution of this common- sworn. wealth. Any person refusing to take such oath shall forfeit his right to the office, Penalty for refusand any person guilty of a violation thereof shall be deemed guilty of a misde- ing to take oath. meanor, and upon conviction shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment not exceeding one year, or either, at the discretion of the court. Ibid. § 16. 81. The terms of members of councils and all other city and ward officers of said cities, except aldermen, elected upon the third Tuesday of February in any Terms of officers. year, shall begin on the first Monday of April next ensuing thereto, and shall con- When elections tinue for the period fixed by law for the duration thereof in each particular case; shall be held. and all elections for officers whose terms will expire on the first Monday of April, shall be held on the third Tuesday of February next preceding thereto. 82. The members of councils of the several cities of the third class shall assemble Ibid. § 17. in their respective places of meeting for the purpose of organization, at ten o'clock Organization of in the forenoon of the first Monday of April in each year; and the mayors of said councils. cities shall be inaugurated and take the oath of office at twelve o'clock noon of the Inauguration of same day, at the commencement of their respective terms. mayor. tified of 83. Whenever an election shall be held for city officers on the third Tuesday of Mayor to lay beFebruary in any year, for regular terms of service, it shall be the duty of the mayor fore councils cer to procure, at the expense of the city, from the prothonotary of the court of com- votes cast for city mon pleas of the proper county, by which court the returns thereof shall be com- officers. puted, a certified copy under the seal of the court, of the vote for all such officers, as computed by the court according to law, and lay the same before councils on the date and time fixed by law for their annual organization, and the said certificates shall be filed among the city archives, and a copy thereof entered upon the journals. In the case of a special election for a member or members of councils to fill a vacancy or vacancies, the mayor shall procure from the prothonotary, as aforesaid, a certificate of the vote for such member or members, as returned into his office by the proper election officers, and lay the same before the respective branch at the next regular meeting succeeding such election, which council shall enter the same among its proceedings. The court of quarter sessions shall appoint the places for Election polls. holding the municipal and general elections in all of the election districts in each of said cities. Ibid. § 3. 84. It shall be the duty of the councils of every city of the third class forthwith To pass ordinances to pass such ordinances in accordance with the provisions of this act as may be to carry act into necessary to carry into effect the requirements thereof. VI. Legislative department. effect. Terms. 85. Members of the select council in cities of the third class shall be at least 23 May 1889, art. 6, $1. P. L. 277. twenty-five years of age, and members of the common council twenty-one years of age. They shall have been citizens and inhabitants of the state four years, Qualifications of and inhabitants of the districts which they respectively represent one year next councilmen. before their election, and shall reside therein during their terms of service. Members of the select council shall be elected for the term of four years, and members of the common council for the term of two years. Each of the wards of each of said cities shall have one member of the select council and two members of the common council: Provided, That in cities containing fifteen wards or more, the representation in common council shall be one member for each ward, and that in cities containing four wards or less, there shall be elected one select councilman at large. Members of councils shall receive no compensation No compensation. for their services. (c) Ibid. § 2. 86. At the first election held under this act the members of select council Election of counfrom odd numbered wards shall be chosen for two years, and those from even cilmen. (c) The act 13 May 1889, P. L. 196, validated the organization of all councils as then constituted and all ordinances. It was held in Commonwealth v. Steele, 2 Northam. 1, that that act did not validate the Number. election of a city solicitor by the councils of the city of Easton, under the act 24 May 1887, declared unconstitutional. |