City Charter and Ordinances of Dubuque Iowa 1861CARNEGIE-STOUT PUBLIC LIBRARY (DUBUQUE)
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3 1825 00332 5803
R 352
DUB
Iowa
Books
1861
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CLASS R BOOK Daic
352 6602122
Carnegie -Stout Free library
DUBUQUE, IOWA
IOWA BOOKS
R 352 DUB Iowa Books
Dubuque (Iowa)
City charter and ordinances
of Dubuque. Iowa, 1861
CITY CHARTER AND
ORDINANCES
DUBUQUE IOWA
DUBUQUE PUBLIC LIBRARY
DAILY TIMES BOOK AND JOB PRINTING HOUSE, 56 AND 58 MAIN STREET.
1861.
CITY CHARTER.
AN ACT for revising and consolidating the laws incorporating the City of Dubuque, and to estab-
lish a City Court therein.
SECTION 1. Be it enacted by the General Assembly of the State
of Iowa, That all that part of the county of Dubuque, in the State
of Iowa, included within the following boundaries, to wit: Begin-
ning at a point in the middle of the main channel of the Mississippi
river, in the south line continued of section thirty-one (31) in town-
ship 89 north of range three (3) east of the fifth principal meridian;
thence west along the south line of said section continued, and
along the south line of sections thirty-five (35) and thirty-six (36)
in the same township, of range two (2) east of the fifth principal
meridian to the west line of said section thirty-five (35) ; thence
north along the west line of sections thirty-five (35), twenty-six (26),
and fourteen (14) to the north line of said section fourteen (14);
thence east along the north line of said sections fourteen (14) and
thirteen (13) to the range line between townships two (2) and three
(3) east of said meridian; thence north on last mentioned range
line, to its intersection with the north line .of section seven (7) in
the same township of range three east of said meridian; thence east
along the north line of section seven (7) and along said line contin-
ued to the main channel of the Mississippi river; thence down the
middle of the main channel of the Mississippi to the place of be-
ginning, shall be and is hereby declared to be a city, and the in-
habitants thereof are created a body corporate and politic, with
perpetual succession, under the name and style of the city of Du-
buque, and as such, and by that name, shall be capable in law of
contracting and being contracted with, of suing and being sued,
pleading and being impleaded, answering and being answered unto,
in all courts and places, in all matters whatsoever; and also of
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purchasing, using, occupying, enjoying, and conveying real, per-
sonal, and mixed estate, and may have and use a corporate seal,
and may change, alter and renew the same at pleasure; and shall
be competent to have, exercise and enjoy all the rights, immunities,
powers and privileges, and be subject to all the duties and obliga-
tions incumbent upon and appertaining to a municipal corpo-
ration.
SEC. 2. The right and power to exercise the corporate powers
hereby and herein granted, and the administration of the fiscal,
prudential and municipal affairs of said city, with the conduct, di-
rection and government thereof, shall be vested in a mayor and
aldermen, to be denominated the city council, neither of whom,
while holding their respective offices, shall hold any other under
the city government; and in a recorder, auditor, treasurer, mar-
shal, city judge, clerk of city court, and city attorney, and such
other officers as are herein mentioned, or as the city council, for the
better fulfilment and administration of the corporate duties and
powers herein granted, may by ordinance create and establish.
SEC. 3. The mayor, aldermen, recorder, treasurer, auditor, mar-
shal and city attorney, shall be elected at the annual election, by
the qualified voters of said city, as hereinafter provided, and the
said recorder, treasurer, auditor, marshal and city attorney, shall
hold their offices, respectively, for the term of one year from the
date of their election, and until their successors are elected and
qualified. Such other officers as the city council may by ordinance
provide for, shall be either elected by the people or appointed by
the city council, as such ordinance may determine ; if elected by
the people they hold their offices for the term of one year, and until
their successors are qualified; if appointed by the city council, they
shall hold their offices for such time as shall be fixed by ordinance,
not longer than one year, or at the pleasure of the council. All city
officers, before entering on the duties of their respective offices, shall
take an oath or affirmation to support the constitution of the United
States and the State of Iowa, and faithfully and impartially to per-
form the duties of the offices to which they may be elected or ap-
pointed, and when required by the council shall, except the city
judge, give bonds in such sums and with such sureties as the coun-
cil may determine and approve, for the faithful performance of all
the duties appertaining to their respective offices. All elective offi-
cers shall be citizens of the State of Iowa, and qualified voters in
said city.
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S EC. 4. The annual election for city officers shall take place on the
first Monday of April in each year. Polls shall be opened in each ward
under the direction of judges of election, and a clerk to be appoint-
ed by the city council. It shall be the duty of the mayor at least
ten days previous to each election to issue his proclamation, setting
forth the time and place at which the polls shall be opened, which
shall be published in the official paper of the city. The rules pre-
scribed by law for the regulation of township elections shall govern
as far as applicable, the election of city officers, and returns within
two days shall be made out in the same manner as by the township
trustees, and delivered in a sealed envelope to the mayor, who shall,
within one week from the day of election, at a regular meeting of
the city council, or at a special meeting to be called for that pur-
pose, open the returns in the presence of the council, and the coun-
cil upon examination and comparison of the returns, shall judge
and decide the result, and these proceedings shall be entered upon
the record by the recorder in his minutes of the proceedings of said
council of that meeting. Every person qualified to vote for State
or county officers in the county of Dubuque, and who shall have
resided in said city for the space of six months, shall be qualified
to vote at city elections in the ward where he resides.
SEC. 5. The city of Dubuque shall be divided in such manner
as the city council may by ordinance determine, into five or more
wards, which may be altered or changed at the pleasure of the said
council: Provided, That such change shall not affect the right of
any member to hold his seat during the time for which he is elected.
Two aldermen shall be elected from each ward, who shall hold
their offices for the term of two years, and these terms shall be so
arranged that one alderman shall be elected from each ward each
year. Any citizen who is a qualified voter in said city may be elected
alderman from the ward in which he resides, and a removal of his
residence from such ward shall be deemed a vacation of his office.
No member of the city council shall be directly or indirectly inter-
ested in the profits of any contract or job for the city, and to be-
come so interested, or being so interested when elected, shall be
deemed a vacation of said office. Neither shall any alderman vote
in said council upon any question in which he is directly or indi-
rectly interested.
SEC. 6. The city council shall have power to judge as to the
qualification of its members, and to establish rules and regulations
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for the government of its proceedings; and to prescribe the times
and places at which the meetings of the council shall be held ; and
to make all ordinances necessary and proper for carrying into effect
the powers herein granted, and to enforce obedience to such ordi-
nances by fine not exceeding one hundred dollars, or by imprison-
ment not exceeding thirty days, or by such fine and imprisonment.
SEC. 7. The city council shall have power, and it is hereby made
their duty;
First —To fill all vacancies which may occur among the officers
of said city, by appointment, the person so appointed to hold office
until the next succeeding April election, when the vacancy shall, if
an elective office, be filled by election by the people.
Second —To establish and fix the salaries and compensation of all
officers of said city, not fixed by this act.
Third —To provide all needful regulations and precautions to
protect the city and the inhabitants thereof against injuries by fire,
thieves, robbers, burglars, and all persons violating the public peace.
Fourth —To provide for the suppression of riots, gambling, and
all indecent and disorderly conduct, and for the punishment of all
lewd and lascivious behavior in the streets and other public places
in said city.
Fifth —To prohibit the erection in any square or fraction of a
square in said city, of any building or of any addition to any build-
ing, except the entire walls thereof shall be of stone, or brick and
mortar, and to provide for the removal of any building erected con-
trary to the true intent and meaning of said prohibition.
Sixth —To organize and establish fire companies, and provide
them with engines and other apparatus, and to regulate and prohibit
the establishment of an independent fire company or companies,
after the passage of this act.
Seventh —To require and compel the removal of all obstructions
of the public streets and alleys, and the abatement of all nuisances
in said city.
Eighth —To cause all grounds or lots where water shall at any
time become stagnant, or remain standing, to be raised, filled up or
drained at the expense of the owner thereof, and to effect this ob-
ject the said council may give notice to the owners thereof, or their
agents,or in case of non-resident owners without known agents, notice
may be given by publication in one or more of the newspapers pub-
lished in said city, to fill up, raise, or drain such grounds at their own
expense, and the council shall designate how high such grounds
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shall be filled up or raised, or in what manner they shall be drained ;
and in case the owners shall fail to fill up, or drain such grounds,
within the time designated in said notice, the city council may
cause the same to be done at the expense of the city, and assess the
expenses thereof against said grounds, and such assessment shall
be placed in the hands of the city collector, who shall proceed to
collect the same, with costs, by sale of such grounds in such man-
ner and under such restrictions and regulations as may be provided
by ordinance: Provided, the owners of such grounds shall have
the right to redeem within one year after sale, by paying the pur-
chasers the amount by them paid with 10 per cent interest thereon.
Ninth -To make regulations to secure the general health of the
city, and to cause the removal of all dirt, filth, or other nuisance
which may at any time be accumulated upon any lots, or streets and
alleys in said city, at the expense of the owners of the grounds on
which it lies.
Tenth —To establish hospitals, workhouses, and a city jail, and
make regulations for the government thereof.
Eleventh —To prohibit hogs, cattle, horses, and all other animals
from running at large in the streets, alleys and public places in said
city.
Twelfth —To establish a day and night police, and punish resist-
ance to them or any other city officers in the discharge of their
duties.
Thirteenth -To open, alter, extend, widen, establish and vacate,
and to grade, pave and otherwise improve, clean and keep in repair
the sidewalks, streets, alleys, wharves, docks, landings, and other
public grounds of said city.
Fourteenth —To establish, erect and keep in repair, bridges, cul-
verts and sewers, and regulate the use of the same; to establish,
alter and change the channel of water -courses, and to wall them up
and cover them over.
Fifteenth —To erect market houses, ettablish market places, and
provide for the regulation and government thereof.
Sixteenth —To provide for all needful buildings for the use of the
city, and for enclosing, improving and protecting all public grounds
belonging to the city.
Seventeenth —To regulate the use of wharves and public land-
ings, fix the rate of wharfage, and regulate the stationary anchorage
and mooring of all boats and rafts within the city.
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Eighteenth —To license, tax and regulate auctioneers, peddlers
and traveling merchants, grocers, merchants, retailers, hotel -keep-
ers, and keepers of livery stables, of eating -houses, boarding houses,
saloons, and places of amusement, and bankers, dealers in money,
warrants, notes and other evidences of indebtedness, and works of
all -kinds.
Nineteenth —To license, tax and regulate hackney carriages, om-
uibusses, wagons, carts, drays, and all other vehicles, and porters,
and fix the rates to be charged for the carriage of persons, and for
the wagonage, cartage, drayage or porterage of property.
Twentieth -To license, tax, regulate and suppress theatrical and
other exhibitions, shows and amusements, and billiard tables, ten-
pin alleys, and to suppress gambling houses, andbawdy-houses, and
houses of prostitution; also to tax and destroy dogs; to regulate
the weights and measures to be used in said city ; to provide for the
inspection of wood. and lumber, and for the inspection and weigh-
ing of coal and hay, and to provide for and regulate the inspection
of beef, pork, flour, butter, lard and other provisions, and to regu-
late the vending of meat, poultry, vegetables and other provisions.
Twenty -first —To establish regulations respecting character and
size of the foundation and other walls of' buildings in said city, and to
enforce the same by the removal of buildings erected in violation
of such •regulations at the expense of the owner or lessee of the
lots upon which they are situated.
Twenty -second —To purchase land or other property for the use
of the city, and to dispose of all personal property of the city at
the pleasure of the council, and of the real estate of the city, when
authorized so to do by the majority of the legal voters; and the
council may by ordinance provide for submitting the question of
the sale of the real estate, or any part thereof, to the voters of said
city, in such manner and at such times as it may deem expedient.
Twenty -third —To collect taxes to defray the current expenditures
and pay the debts of the city: Provided, that the tax for any one
year shall not exceed one per cent. upon the assesbed value of all
property taxed.
Twenty -fourth —To provide for the assessment of all taxable
property in said city, with reference to taxation for city purposes.
Appeal shall lie from the assessment, of any officer appointed by the
city council to assess property, to the city council, whose adjudica-
tion shall be final.
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Twenty -fifth —To audit all claims against the city, and order the
payment of such as shall be allowed.
Twenty -sixth —The city council shall have the exclusive right to
license and regulate ferries, and to establish the rates of ferriage
between Dubuque and the opposite bank of the Mississippi river.
Twenty -seventh —To make all such ordinances as to them shall
seem necessary to provide for the safety, preserve the health, pro-
mote the prosperity, and improve the morals, order, comfort and
convenience of said city and the inhabitanrs thereof.
SEC. 8. The ordinances passed by the city council shall take ef-
feet from and after the date of their publication in such newspaper
of the city of Dubuque as the council shall designate, the date of
which publication shall be noted by the recorder in his record of
the ordinances, and such record shall be evidence of the time and
fact of such publication: Provided, That the city council may au-
thorize the revision and publication of the ordinances in book or
pamphlet form, in which case such revised ordinances shall take
effect from and after the date of such publication, and such book or
pamphlet shall contain the resolution of the city council authori-
zing its publication, and a certificate of the city recorder that the
ordinances and resolutions therein contained are correct copies from
the records in his office, and shall then be received without further
proof, as presumptive evidence of such ordinances and resolutions:
And provided further, That the city council may provide for the
taking effect of any ordinance not before a day certain therein spe-
cified. All ordinances passed by the city council shall be signed
by the mayor and attested by the recorder, and shall be recorded
in books kept for that purpose.
SEC. 9. All orders of the city council for the payment of money,
shall be signed by the mayor and attested by the recorder, and
countersigned by the city auditor.
SEC. 10. All fines and forfeitures collected for violations of city
ordinances shall be paid into the city treasury, and the mayor shall
see that the same is done without unnecessary delay.
Snc. 11. The mayor is the executive officer of the city, and it is
his duty to be vigilant and active at all times, in causing the ordi-
nances and regulations of the city to be put in force and duly exe-
cuted, and shall take care that all officers under the city government
comply with the law and ordinances and resolutions of the council;
he is ex-officio president of the city council, but shall have no vote
therein except a casting vote when there is a tie. The city council
2
10
shall elect a mayor pro tempore, who in case of the absence or Ina.
bility of the mayor, shall discharge all the duties and possess all the
powers that belong to the mayor.
SEo. 12. The recorder shall be secretary of the city council, and
shall keep a full record of the proceedings ; he shall have the cus-
tody of all the records, books and papers of the city, and of the city
seal, and shall discharge such other duties as may be devolved
upon him by law or ordinance, and shall keep his office at such
place as the city council shall provide and designate.
SEc. 13. The city auditor shall keep in proper books provided
for that purpose, a full and fair exhibit of the finances of the city,
its revenue, expenditures, indebtedness and audits. He shall coun-
tersign all orders on the treasury drawn for money appropriated by
the city council, when signed by the mayor and attested by the
recorder, and shall perform such other duties as the council may by
ordinance or resolution require.
SEC. 14. It shall be the duty of the marshal to attend the meet-
ings of the city council, to execute its orders, to arrest and bring
r court withor w' ant all whom he shall
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vided, That the proposition to borrow money shall first pass the
city council, and shall then, under proclamation by the mayor, be
submitted to the vote of the people, which proclamation shall state
the amount of money to be borrowed, and the purpose for which
the money is to be borrowed; and in case the proposition is adopted
by a vote of two-thirds of the qualified electors of said city, the city
council may at any time thereafter within the space of one year,
authorize the borrowing of the money, and the issuing of the
bonds.
SEc. 18. The city of Dubuque is constituted a special road dis-
trict, and the care and supervision of the highways in said city is
devolved upon the city council; and the city council is authorized,
in addition to the taxes otherwise authorized, to levy a special road
tax, which shall not exceed the limits fixed by law of the road tax
to be assessed by the county court. No county or township officer
having the care or supervision of roads is required to expend labor
upon the highways within the city of Dubuque, but the duties and
responsibilities imposed by law upon such officers shall, as to the
streets and highways in said city, devolve upon the city council.
before the prope , without warrant, performSEC. 19. The citycouncil shall have power to open, widen or
find in the actual violation of any ordinance, and to such ( extend anystreet or alleyin said city,and under such regulations
other duties as may be devolved upon him by law or ordinance. as mayby ordinance be . prescribed, ma cause a juryto be sum-
mTh
oned
poi city council may by ordinance authorize the marshal to ap moned who shall apportion and assess the damages and benefits
point deputy marshals. which anyperson maysustain byreason thereof; upon the lots or
SEc. 15. It shall be the duty of the city treasurer to take charge lands adjoining,or in the immediate vicinity,which maybe bene-
of and keep the funds and moneys be the city; tohe shall keep the fitted thereby and such apportionment and assessment shall be
funds, to denominated the "general Y pp
returned to the city council, and shall be collected and paid into
the city treasury. Notice must be given to all persons whose
property is appropriated, in writing or by publication, or they will
not be bound by the proceedings. The damages assessed to any
persons constitute a valid claim on the part of such persons against
the city, and may be sued for and collected as any other claim.
The date at whichany property shall be considered as appropriated
shall be at the time of the passage of a resolution by the council
ordering the laying out and establishment of the street, and the jury
shall be summoned to assess the damages at least within one month
thereafter, and their apportionment shall not be subject to be
quashed by the city council, but may be returned to the same jury
for the correction of any irregularities or informalities.
SEC. 20. The marshal shall notify the owners of all lots and
grounds against which any sum shall be apportioned, to pay the
same in three separate
fund," the "road fund," and the " school fund," and shall pay out
money only upon orders from the city council, signed by the mayor
and attested by the recorder, and countersigned by the auditor, or
upon orders from the board of education under authority of ordi-
nance, which orders shall specify the fund drawn upon. He shall
keep an account with each fund, and shall from to time to time re-
port his receipts and expenditures, as required by the city council.
SEc. 16. It shall be duty of the city attorney to appear for the
city in the city court and all other courts; to take charge of the
legal business of the city; to give his written opinion whenever
called upon by the city council; to give legal advice to all officers
of the city, and to perform such other duties as may be devolved
upon him by law or ordinance.
SEC. 17. The city of Dubuque is authorized to borrow money
upon the credit of the city, and to issue the bonds of the city . P
12
same within thirty days. In cases where neither such owners, nor
any agents shall be residents of the city of Dubuque, or are un-
known, notice may be given by publication in any newspaper in
said city for two weeks. If default of payment shall be made, the
recorder shall deliver to the collector of taxes for the city a state-
ment of the same, and he shall proceed to collect the same by sale
of the property as may be prescribed by ordinance.
SEC. 21. The city may levy a special tax on any lot or lots, or
the owner thereof, on any alley, street or highway, or any part
thereof, for the purpose of grading, paving, or macadamizing the
same, or for the purpose of grading,paving or curbing the side.
walks, and may collect the same under such regulations as may be.
prescribed by ordinance.
SEC. 22. The city may appropriate lands for the purpose of
using the same for jails, workhouses, markets, and other public
buildings, and to provide for supplying the city with water by con,
strutting aqueducts, reservoirs, and other conveniences, and when
compensation therefor cannot be otherwise agreed upon, it may be
ascertained as follows The city shall make application to the city
court by petition, setting forth the facts in the case, and praying
that the damages may be ascertained by a jury in said court, and
for judgment condemning the ground and vesting the title thereof
in the city, and the court may proceed without further pleadings,
toassess the damages against the city, and render a decree accor-
dingly.
SEC. 23. No addition to the city of Dubuque shall be lawful un-
less it is first submitted to the city council. for their approval, who
shall have exclusive authority toprovide for and regulate the width.
of streets and alleys in such addition, and when the same shall be
so approved of, it shall be admitted torecord. on the records of the
city, and shall thereafter become a. lawful addition thereto : Provi-
ded, that the owner or owners of the landincluded in said addition
shall furnish for the use of the city, a. correct map of the same for
public reference, and, the provisions. of chapter 42 of the code of
Iowa, shall also be complied with in all such cases, sofar as the
same are applicable and not inconsistent with this act.
Section 24, 25, 26. and 27 repealed.
SEC. 28. There shall be and is hereby established in the city of
; which
Dubuque a court, to deand have a seal, andnominated he city cthetoflicers thereof
shall be a court of record
shall be a judge, clerk, and the city marshal. Said court
hall hold
a session every day during the year, except Sundays, the Fourth of
13
July, Thanksgiving day, Christmas day and New Year's day; but
its sessions shall be divided into monthly terms, commencing on the
first Monday of each month. It shall be held at some suitable
place to be provided by the city council.
SEC. 28. The judge of the city court shall be elected at the an-
nual election in said city for city officers, and shall hold his office
for a term of four years ; he shall be a qualified elector of said city,
and learned in the law ; he shall take and subscribe in writing the
same oath required by the judges of the supreme and district courts,
and file the same with the recorder, and shall likewise be commis-
sioned by the mayor. His salary shall be fixed by the city council,
and shall not exceed fifteen hundred dollars per annum, payable
out of the city treasury.
SEC. 30. The clerk of said court shall be elected at the annual
election; shall be a qualified voter of said city, and shall hold his
office for the term of two years; he shall give bond to the pity of
Dubuque in the sum of five thousand dollars, with a condition in
substance the same as required by law of the clerk of the district
court, and on the back thereof shall subscribe the same oath re-
quired of the clerk of the district court. His salary shall be fixed
by the city council, and shall not exceed one thousand dollars per
annum payable out of the city treasury.
SEC. 31. The powers, duties and responsibilities of the judge,
clerk, and marshal in said court, shall correspond to those of the
judge, clerk and sheriff in the district court, and the authority of
the process of said court shall have the same extent and limitation
as that of the district court, and maybe served by the city marshal,
or by any sheriff; but the marshal shall not have power to serve
process, other than subpoenas, beyond the limits of said. city.
SEC. 32. Said court shall have jurisdiction of all offences and
suits under city ordinances, and shall have general jurisdiction con-
current with the district court in all civil cases, and shall have con-
current jurisdiction with justices of the peace in all criminal cases.
In civil cases the defendantmust reside, or if a non-resident of the
State, must be found in the city of. Dubuque, or in cases of attach-
ment of property where the defendant is not served, or in cases
where the suit is brought to obtain possession of personal property,
or to enforce a lien or mortgage, or when it relates toreal property,
such property or some part thereof must lie in said city, or some
part of the personal property mustbe found therein; when by its
terms a contract is to be performed in the city of Dubuque, suit for
14
the breach thereof may be brought in said court. Suit may be
brought in divorce cases in said court, if the plaintiff resides in said
city. Appeal from the city court lies directly to the supreme court
of the State of Iowa.
SEC. 33. The rules and regulations of law which govern the dis-
trict court, shall govern the city court as far as applicable. In
order to provide juries for said court, the clerk thereof, at least ten
days prior to the commencement of each term, shall issue a venire
to the marshal, who shall, within five days thereafter summon twen-
ty-four jurors,qualified electors of said city, and otherwise qualified
to serve as jurors in the courts of this State, to appear in said court
on the second day of the next term thereof. The jurors summoned
for any term may be dismissed as soon as the docket of jury cases
for that term is disposed of; and if a jury shall afterwards be re-
quired to try any cause coming before the court for such term, a
special venire shall issue. If a jury cannot be obtained otherwise,
talismen may be summoned by the marshal from the city or the
bystanders. If any juror fail to appear in obedience to summons,
he may be brought into court by attachment, and if he fail to show
reasonable excuse, he may be fined as for contempt, in any sum not
more than ten dollars and costs. No man shall be required to serve
as regular juror at more than one term in any one year. When a
jury is demanded, a jury fee of three dollars shall be taxed. among
the costs.
Sic. 34. Actions for the violation of city ordinances shall be
brought in the name of the State of Iowa, for the use of the city
of Dubuque. The proceeding shall be by information sworn to,
which shall be filed with the clerk of the city court, or with any
justice of the peace having his office within said city, whereupon
said clerk or justice of the peace shall issue a warrant for the ap-
prehension of the accused. But the city council may by ordinance
provide that certain designated officers may arrest any person actu-
ally found violating any ordinance, and commit them for trial with-
out warrant; the trial shall be in a summary manner, and without
the intervention of a jury, unless demanded by the defendant.
SEc. 35. The fees in the city court shall be the same as in the
district court, and the same, and all fines and forfeitures shall be
accounted for by the clerk of said court to the city of Dubuque, and
shall be paid into the city treasury as often as the city council may
direct. The fees of the marshal and other officers serving the pro-
15
cess and executing the orders of said court, belong and are payable
to the officers serving the same.
SEC. 36. In case of the absence or disability of the city judge,
the criminal business pending in the city court shall be transferred
to some justice of the peace having jurisdiction of the subject
matter, by a delivery to him of all papers relating to the same, who
shall proceed to dispose of the same as if the prosecution had ori-
ginally commenced before him ; and all civil business shall be con-
tinued as in like cases in the district court.
SEc. 37. The city of Dubuque shall be and hereby is invested as
the lawful owner and proprietor, with all the real, personal and
mixed estates, and all the rights and privileges thereof, together
with all the property, funds and revenues, and all the moneys,
debts, accounts and demands due and owing, or in any wise belong-
ing to the city of Dubuque, under any previous act of incorpora-
tion, and all rights, interests, claims and demands against or in
favor of said city, may be continued, prosecuted, defended and col-
lected in the same manner as though this act had never been
passed.
SEc. 38. The city council shall provide by ordinance for the
mode in which charges may be preferred against any officer under
the city government, and for the hearing of the same, and they
may remove any city officer, except the city judge, from office, as
provided in the next section.
SEc. 39. Any member of the city council may be expelled or
removed from office by a vote of two-thirds of all the aldermen
elected; but not a second time for the same offence ;,and any officer
under the city government, appointed by the city council, may be
removed from office by a vote of a majority of all the aldermen
elected; but it shall require a vote of two-thirds of all the alder-
men elected to said council to remove any officer elected by the
voters of the city, or of any ward or district.
SEc. 40. The city council are authorized to levy in each year a
special tax, to pay the interest on such loans as are authorized by
the seventeenth section of this act.
SEC. 41. The aldermen of the city of Dubuque, and all other
officers now elected, shall hold and exercise their offices for and
during the term for which they are chosen.
SEc. 42. All acts and parts of acts heretofore passed relative
to the incorporation of said city of Dubuque, shall be, and the same
are hereby repealed, as far as the same come within the purview of
16
this act. All ordinances passed under prior acts of incorporation
of said city, and heretofore in force, not inconsistent with the pro-
visions of this act, shall continue in force until altered or repealed,
and shall be deemed in compliance with the requirements of this
act as far as applicable.
SEc. 43. This act shall be taken and viewed in all courts as a
SEC. 44. This act shall be submitted for the approval ofthe
public act.
electors of the city of Dubuque, at an election to be held on the
first Monday in March, A. D. 1857, but prior to said election the
whole act shall be published in the North-West, the Tribune, the
Express and Herald, the National Democrat, the Republican, and the
Staats Zeitung, newspapers, at the expense of said city. The tick-
ets which shall be polled at such elections shall contain either the
words, "For the amended charter," or "Agn t the amended
charter." And if a majority of all the legal votes at such election
shall be in favor of the amended charter, then this act shall be in
force from and after its publication in the North-West and Express
and Herald newspapers, without expense to the State. If a major-
ity of such electors shall vote against the amended charter, then
this act shall not be in force until after the next session of the Gen-
eral Assembly of the State of Iowa.
Approved January 28, 1857.
Timothy Fanning,
David Slater,
CITY GOVERNMENT OF DUBUQUE
Front its Incorporation in 1841 to 1861.
1841.
CALEB H. BOOTH, Mayor
ALDERMEN:
Jesse P. Farley,
Charles Miller,
Edward Langworthy,
W W Coriell,
H Simplot,
Simothy Fanning
1842.
SAMUEL D. DIXON, Mayor
ALDERMEN:
John Thompson,
Jesse P. Farley,
James Fanning,
Joseph Ogilby,
John T. Fales,
A. Cline
1843.
JAMES FANNING, Mayor
ALDERMEN:
Tmothy Fanning,
David Slater,
P. C. Morehiser,
John H. Thedinga,
F. K. O'Ferrall,
Joseph Ogilby
1844.
F. K. O'FERRALL, Mayor
ALDERMEN:
John Blake,
Elisha Dwelle,
John G. Shields,
Robert Rogers,
Timothy Fanning,
John H. Thedinga
1845.
F. K. O'FERRALL, Mayor
ALDERMEN:
Elisha Dwelle,
Robert Rogers,
Timothy Fanning,
John H. Thedinga,
John Blake,
John G. Shields.
3
18
1846
F K O'FERRALL.......MAYOR
ALDERMEN:
Hugh Treanor, William H Robbins, Amos Matthews, Michael McNamara, M Mobley,
Lewis L Wood
1847.
P. A. LORIMIER, MAYOR
ALDERMEN:
Michael McNamara, Willam H. Robbins, Amos Matthews
Morgan Curran, W. J. Gilliam, Lewis L. Wood
1848.
GEORGE L. NIGHTINGALE, ....... MAYOR.
ALDERMEN:
Hugh Treanor, William H. Robbins, John Gunn
Patrick Finn, H. S. Hetherington, Lewis L Wood
1849.
WARNER LEWIS, MAYOR
ALDERMEN:
W. D. Waples, Philip Powers, John G. Shields,
J. J. E. Norman,
F. V. Goodrich,
Thomas Hardie,
John Gunn.
1850.
J. H. EMERSON................... MAYOR.
ALDERMEN :
L D Randall
David Decker
John D. Bush,
Robert Rogers,
Edward Langworthy,
H. V. Gildea.
1851.
P. A. LORIMIER, MAYOR.
ALDERMEN:
L. Molony, Joseph Ogilby, John D Bush
Caleb H. Booth, Jesse P. Farley, Lewis L Wood
1852.
JESSE P. FARLEY, MAYOR.
ALDERMEN:
M McNamara
Wm D Waples
James Burt,
Henry L. Stout,
Christoher Pelan
George McHenry
19
1853.
JESSE P. FARLEY ........ MAYOR
ALDERMEN:
James Burt,
Thomas McCraney,
Ben M. Samuels,
M. McNamara,
Edward O'Hare,
M Mobley,
Henry L. Stout,
John D. Bush,
Antoine Heeb,
George Wilde,
Edward Langworthy.
1854.
JESSE P. FARLEY, MAYOR
ADDERMEN:
John D. Bush,
James Reid,
Edward Langworthy,
Patrick Quigley,
George Connell,
Christopher Pelan,
M. McNamara,
Thos. McCraney,
Antoine Heeb,
Matthias ham,
John King,
Frederick Weigel,
Edward O'Hare,
Frederick E. Bissell.
1855.
JOHN G. SHIELDS, MAYOR
ALDERMEN:
Patrick Quigley,
M. McNamara,
Morgan Curran,
George Connell,
Frederick Weigel,
Geo. L. Nightingale,
Ben M. Samuels,
Christopher Pelan,
Edw'd Spottswood,
John King,
Matthias Ham.
1856.
DAVID S. WILSON, MAYOR
ALDERMEN:
M. McNamara,
J.J.E. Norman,
Morgan Curran,
Geo. L. Nightengale,
Ben M. Samuels,
N. Nadeau,
Warner Lewis,
Edward Spottswood,
Robert Mitton,
Matthias Ham,
G.C. Kreichmaum.
1857.
DAVID S. WILSON,
GEO. L. NIGHTINGALE, MAYOR
ALDERMEN:
M. McNamara,
J. J. E. Norman,
Geo. L. Nightingale,
James Woolnough,
Samuel Virden,
Warner Lewis,
N. Nadeau,
Robert Mitton,
Geo. Ord Karrick,
G. C. Kreichbaum,
Antoine Heeb,
Adam Jaeger.
6802122
20
1858.
HENRY S. HETHERINGTON, MAYOR.
ALDERMEN:
M. McNamara,
Hugh Treanor,
Samuel Virden,
John B. Lane,
George McHenry,
Franklin Hinds,
Geo. Ord Karrick,
B. B. Richards,
N. Nadeau,
Robert Mitton,
Adam Jaeger,
Matthias Ham.
1859.
JOHN HODGDON, MAYOR
ALDERMEN :
Hugh Treanor,
Patrick Quigley,
JOhn B. Lane,
A. Kaufmann,
John Mchlhop,
Joseph A. Chapline,
robert Mitton,
Geo. L. Matthews,
Matthias Ham,
John King
1860.
HENRY L. STOUT..............MAYOR.
ALDERMEN:
Patrick Quigley,
Hugh Treanor,
A. Kaufmann,
John B. Lane,
George Connell,
George Wood,
Geo. L. Matthews,
Frederick Weigel,
John King,
John Bittmann.
WILLIAM McLENA'N, Recorder.
D. O'C. QUIGLEY, Auditor.
RICHARD G. HERRON, Treasurer.
JACOB SWIVEL, Marshal.
LAMBERT KNEIST, Assessor.
JOHN H. O'NEILL, Attorney.
S. M. POLLOCK, Judge City Court.
BENJAMIN RUPERT, Clerk City Court.
Wm. K. DELORIMIER, Harbor Master.
CITY COUNCIL OF DUBUQUE.
RULES OF ORDER.
RULE 1. The rules of procedure and order of business, shall
be strictly adhered to by the city council, unless they shall be tem-
porarily suspended by the consent of three -fourths of the aldermen
present.
RULE 2. The city council shall meet regularly on the first Thurs-
day of each month, at 9 o'clock A. M.
RULE 3. Special meetings of the council may be called at any
time by the mayor, or in his absence by the president pro tem. by
giving to each member reasonable notice of such meeting, sent
personally by the marshal, or by notice in writing left at his usual
place of residence or business, stating the time and place of such
meeting. And it shall be the duty of the mayor, or in his absence,
of the president pro tem. to call a special meeting of the council at
any time, upon the request of five members thereof.
RIME 4. The mayor, when present, shall preside at meetings of
the council, and shall have the casting vote and no other.
RULE 5. eAt all meetings of the council, a majority of all the
aldermen elected, shall constitute a quorum to do business, but a
minority may adjourn from day to day, and compel the attendance
of absent members by a fine of not to exceed ten dollars for each
and every such offence.
RULE 6. At the hour of meeting, the members shall be called
to order by the mayor or president pro tem., or in their absence by
the recorder, who shall proceed to call the roll, note the absentees,
and announce whether a quorum be present. If made necessary by
the absence of the mayor and president pro tem., the members
present may elect one of their number President for the occasion.
Upon the appearance of a quorum, and being duly organized, the
22
council shall proceed to the business before them, which shall be
conducted in the order following :
1st. Reading of the minutes of the last meeting -amendment and
approval of the same.
2d. Presentation of petitions and communications.
3d. Reports of officers.
4th. Reports of standing committees.
5th. Reports of select committees.
6th. Unfinished business of preceding meetings.
7th. Motions, resolutions and notices.
8th. Presentation of bills.
RULE 7. The mayor shall preserve order and decorum, and shall
decide questions of order, subject to an appeal to the council.
RULE 8. While the mayor is putting the question, no member
shall walk across or out of the council room.
RULE 9. No member shall leave the sittings of the council with-
out leave of the president.
RULE 10. Every member, when desirous of speaking, shall
e alert e
from his seat, address himself to the mayor and say, "Mr.
but shall not proceed with his remarks until recognized and named
by the chair.
RULE 11. Persons other than members of the council shall not
address the council otherwise than in writing.
RULE 12. No member shall speak more than twice on the same
general question, without the leave of three -fourths of the members
present.
RULE 13. While a member is speaking no member shall enter-
tain private discourse or pass between him and the chair.
RULE 14. A member called to order, shall immediately sit
down, unless permitted to explain. If there be no appeal, the de-
cision of the chair shall be conclusive ; but if the member appeal
from the decision of the chair, the council shall decide on the case
without debate.
RULE 15. All motions and resolutions shall be reduced to wri-
ting, if required by the President or a member, and when seconded
and stated by the chair, shall be open for consideration; and na
motion or resolution can be withdrawn after it shall have been
amended or decided.
RULE 16. Every member who shall be present when a question
is stated from the chair, shall vote thereon, unless excused by the
23
council, or unless he be directly interested in the question, in which
case he shall not vote.
RULE 17. If a vote is doubted, any member may call for a di-
vision, and the question shall then be decided by the members
rising in their places. The ayes and noes may be called for by any
one member, in which case the naiues of the members voting shall
be recorded on the minutes.
RULE 18. If the question in debate contain several distinct
propositions, any member may have the same divided.
RULE 19. When a blank is to be filled, and different sums and
terms are proposed, the question shall first be put upon the largest
sum and longest time.
RULE 20. Motions on the subject under consideration, shall have
precedence in the following order:
lst. To lie on the table.
2d. To postpone.
3d. To commit.
;4th. To amend.
RULE 21. A motion to adjourn shall always be in order, except
that it shall not be repeated without the intervention of some other
proceeding; it shall have precedence over all other motions, and
shall be decided without debate.
RULE 22. A motion for the "previous question," to lie on the
table, or to commit, shall, until it is decided, preclude all amend-
ment and debate on the main question, and a motion to postpone
indefinitely, or to a certain day, shall, until it is decided, preclude
all amendments on the main question.
RULE 23. The "previous question" shall be as follows: " Shall
the main question be now put ?"
RULE 24. A motion to reconsider shall not be entertained, ex-
cept on the same day, or at the next succeeding regular meeting
after the day on which the vote was taken, and shall be made only
by a member who voted with the majority.
RULE 25. All committees shall be appointed by the mayor, or
in his absence by the president pro tem., unless otherwise directed
by the council.
RULE 26. Standing and select committees shall in all cases re-
port in writing. All reports of committees shall be addressed, "To
the mayor and aldermen," or the "city council" of Dubuque.
24
RULE 27. The standing committees shall be appointed annually,
and the person first named on the committee shall be chairman
thereof. The following shall be standing committees, to -wit:
lst. On finance.
2d. On ordinances.
3d. On claims.
4th. On streets.
5th. On harbors.
6th. On markets.
7th. On public grounds and buildings.
8th. On printing.
9th. On fire department.
loth. On police.
RULE 28. All appointments to office by the council shall be by
ballot or viva voccouncil
lchoicea a majority
of the members present shall benecessary to a
RULE 29. All ordinances or by-laws of a general or permanent
at two
meetings of
nature co shall be fully reheir final passage. distinctly d No ordinance shall contain
the council, before
or relate to more than one subject, which shall be clearly expressed
irect all papers to appropri-
in its title.
city
der shall
ate committees a
RULE 30. The
officerss,I as early as the next day after the refer-
ence shall have been made, and the marshal shall deliver the same.
The recorder shall attend all the meetings of the council.
RULE 31. The marshal shall have charge of the council room,
shall attend all meetings of the council, and assist in preserving
RULE 32. The council shall keep a journal of its proceedings,
order.
, shall
e and.
which shall be open en for
ocompel thenattendaricekof absent
members,
rules for government;punish for disorderly conduct ; and by
members, when necessary;
a vote expel
an-tmids of emberthBut if suchelmemberr be re-elected to fill
discre-
tione expel any
the vacancy occasioned by such expulsion, he shall not again be ex-
pelled for the same offence.
RULE 33. No personalities or reflections injurious to the feelings
of any member, or the harmony of the council, shall be tolerated,
and every person indulging in such personalities shall be called to
order by the chair.
AN ORDINANCE establishing the City Seal.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the seal heretofore provided and used by and for
the city of Dubuque, having in the center the words "LA PETITE
NuIT" and around the edge " SEAL OF THE CITY OF DUBUQUE,
IowA," is hereby established and declared to have been and now to
be the seal of the City of Dubuque.
Passed January 24, 1861.
22
council shall proceed to the business before them, which shall be
conducted in the order following
1st. Reading of the minutes of the last meeting —amendment and
approval of the same.
2d. Presentation of petitions and communications.
3d. Reports of officers.
4th. Reports of standing committees.
5th. Reports of select committees.
6th. Unfinished business of preceding meetings.
7th. Motions, resolutions and notices.
gbh. Presentation of bills.
RULE 7. The mayor shall preserve order and decorum, and shall
to an appeal to the council.
decide questions l e thef emayor istputting the question, no member
RULE
shall walk across or out of the council room.
RULE 9. No member shall leave the sittings of the council with-
out leave of the president.
RULE 10. Every member, when desirous of speaking, shall rise
from his seat, address himself to the mayor and say, "Mr. president,"
but shall not proceed with his remarks until recognized and named
by the chair.
RULE 11. Persons other than members of the council shall not
address the council otherwise than in writing.
RULE 12. No member shall speak more than twice on the same
general question, without the leave of three -fourths of the members
present.
RULE 13. While a member is speaking no member shall enter-
tain private discourse or pass between him and the chair.
RULE 14. A member called to order, shall immediately sit
down, unless permitted to explain. If there be no appeal, the de-
cision of the chair shall be conclusive ; but if the member appeal
from the decision of the chair, the council shall decide on the case
without debate.
RULE 15. All motions and resolutions shall be reduced to wri-
ting, if required by the President or a member, and when seconded
be open
ideration; and no
and stator resolution
y the solutionacanir, hbae for withdrawn wnafter i t shall have been
motion
amended or decided.
RULE 16. Every member who shall be present when a question
is stated from the chair, shall vote thereon, unless excused by
23
council, or unless he be directly interested in the question, in which
case he shall not vote.
RULE 17. If a vote is doubted, any member may call for a di-
vision, and the question shall then be decided by the members
rising in their places. The ayes and noes may be called for by any
one member, in which case the nain.es of the members voting shall
be recorded on the minutes.
RULE 18. If the question in debate contain several distinct
propositions, any member may have the same divided.
RULE 19. When a blank is to be filled, and different sums and
terms are proposed, the question shall first be put upon the largest
sum and longest time. -
RULE 20. Motions on the subject under consideration, shall have
precedence in the following order :
lst. To lie on the table.
2d. To postpone:
3d. To commit.
4th. To amend.
RULE 21. A motion to adjourn shall always be in order, except
that it shall not be repeated without the intervention of some other
proceeding; it shall have precedence over all, other motions, and
shall be decided without debate.
RULE 22. A motion for the "previous question," to lie on the
table, or to commit, shall, until it is decided, preclude all amend-
ment and debate on the main question, and a motion to postpone
indefinitely, or to a certain day, shall, until it is decided, preclude
all amendments on the main question.
RULE 23.. The "previous question" shall be as folle,ws : " Shall
the main question be now put?"
RULE 24. A motion to reconsider shall not be entertained, ex-
cept on the same day, or at the next succeeding regular meeting
after the day on which the vote was taken, an shall be made only
by a member who voted with the majority.
RULE 25. All committees shall be appointed by the mayor, or
in his absence by the president pro tem., unless otherwise directed
by the council.
RULE 6. Standing and select committees shall in all cases re-
port in writing. All reports of committees shall be addressed, "To
the mayor, and aldeimen,"'or the "city council" of`Dubuque.
\
24
RULE 27. The standing committees shall be appointed annually,
and the person first named on the committee shall be chairman
thereof. The following shall be standing committees, to -wit:
lst. On finance.
2d. On ordinances.
3d. On claims.
4th. On streets.
5th. On harbors.
6th. On markets.
7th. On public grounds and buildings.
8th. On printing.
9th. On fire department.
10th. On police.
RULE 28. All appointments to office by the council shall be by
ballot or viva voce, as the council shall determine, and a majority
of the members present shall be necessary to a choice.
RULE 29. All ordinances or by-law's of a general or permanent
nature shall be fully and distinctly read at two regular meetings of
the council, before their final passage. No ordinance shall contain
or relate to more than one subject, which shall be clearly expressed
in its title.
RULE 30. The city recorder shall direct all papers to appropri-
ate committees and officers, as early as the next day after the refer-
ence shall have been made, and the marshal shall deliver the same.
The recorder shall attend all the meetings of the council.
RULE 314, The marshal shall have charge of the council room,
shall attend all meetings of the council, and assist in preserving
order.
RULE 32. The council shall keep a journal of its proceedings,
which shall be open at all times for inspection, tt shall
ndmakeoand
aben-
ent
members, when necessary; punish rules for its government;
compel
fordisorderly conduct ; and by
a vote of two-thirds of the aldermen elected may at their discre-
tion expel any member.occasioned byut if suchexpos on, he shall not again be member be re-elected to fill
the vacancy
ex-
pelled for the same offence.
RULE 33. No personalities or reflections injurious to the feelings
f the council,
of any member, or the
nin suony och personalities shall shallbbe called e ao
indulging and every person
order by the chair.
1
11. L. STOUT, Mayor.
CITY ORDINANCES.
AN ORDINANCE establishing the City Seal.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That the seal heretofore provided and used by and for
the city of Dubuque, having in the center the words "LA PETITE
NulT" and around the edge " SEAL OF THE CITY OF DUBUQUE,
IowA," is hereby established and declared to have been and now to
be the seal of the City of Dubuque.
Passed January 24, 1861.
Attest WaM. McLENAN, Recorder.
4
26
AN ORDINANCE to provide for the meeting of the City Council.
Be it ordained by the City Council of the City of Dubuque:
SECTION 1. That the regular meeting of the city council shall
be held on the first Thursday of each month at the council cham-
ber in the City Hall: Provided, that the time and place of meeting
may be changed from time to time, by resolution, a majority of all
the members elected voting in the affirmative.'
SEc. 2. That special meetings of the city council may be called
at any time by the mayor,, or in his absence by the President pro
tempore, by giving each member of the board reasonablenonnotice tice of
such meeting, sent personally by the marshal, or by
in
writing at his, usual place of residence, stating the time and place
of such meeting. And it is hereby made the duty of the mayor,,
or in his absence, of the president pro tempore, to calla special
meeting of the council at any time, upon the request of five mem,
bers thereof.
Passed January 24, 1861. H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder. .
AN ORDINANCE to regulate elections and provide for the qualification and payment of city officers
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. The city council shall, ineach, year, not less than ten
days before the annual city election, appoint two judges and a clerk
of the election for each ward, and. shall provide a place in eats,
ward at which the election shall beheld, and notice of the same
shall be published in the proclamation of the mayor, which shall
be issued in conformity with Section 4 of the City Charter, and shal
specify the officers to be elected, and time for opening and closing
the polls. The judges and clerks of election shall be allowed cot
their services the sum of two dollars each,, to be paid from the c'
treasury.
SEc. 2. The recorder, treasurer, auditor, marshal, harbor mas
ter, and such other officers as may be required so to do, by the c'
council, except the city Judge, shall execute bonds with good
sufficient sureties in such sums as the council may direct in thefo
by ordinance, and a failure so to do by any officer so
quired within ten days from the time of his election or appoin
ltj
ltl
and
re
t
27
meat, shall be deemed a vacation of his officer All official bonds
of city officers when approved by the council, shall remain
in the custody of the recorder, and shall not be surrendered with-
out the authority of the council: Provided, That the recorder's
bond shall be deposited with the city auditor.
SEc. 3. All persons elected or appointed to any city office shall
take and subscribe an oath of office in due form, before the mayor
or any other person authorized to administer an oath, before enter-
ing upon the duties of his office. No person not a qualified voter
shall be elected or appointed to any office of the city.
SEC. 4. The salaries of all city officers shall be fixed by the city
council and may be increased or reduced whenever the council
shall so determine. All officers, except the city council, who shall
be entitled to receive regular salaries, shall be paid the same in.
monthly payments, to be made as soon as practicable after the first
regular meeting of the council in each month, a statement of the
amount due such officers respectively having been first submitted
to the council, and approved by them.
SEc. 5. That any city officer who shall refuse or neglect with-
out just cause to perform any duty required of him by any ordinance
of the city, or by resolution of the city council, shall be subject to
a penalty of not less than ten or more than one hundred dollars, in
addition to ally damages which the city may suffer by reason of
such refusal or neglect, and which may be recovered by suit
upon the bond of such officer, and such officer mayfor such cause be
removed from office, as provided in Section 39 of the City Charter.
SEc. 6. That all city officers appointed by the city council, when
not otherwise provided by the City Charter, shall remain in office
during the pleasure of the council, but the term of office shall not
extend beyond the annual city election in each year.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Wnf. MCLENAN, Recorder.
AN ORDINANCE to regulate Official Bonds.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That all officers in said city who are required to qualify
by bond, before entering upon the duties of the office to which such
person maybe elected or appointed, shall present to the city council
28
for their approval, a bond with at least two good and sufficient
securities, resident freeholders of said city, in such penal sum as
the city council may by resolution fix and determine therefor, which
bond shall be conditioned that the person so elected or appointed to
such office shall faithfully perform the duties of the office to which
he may be elected or appointed, that he shall promptly pay over all
moneys which may come into his hands by virtue of his office, to
the person or officer entitled thereto ; that he shall promptly account
for all balances of money remaining in his hands at the termination
of his office, and that he shall exercise all reasonable diligence and
care in the preservation of all books, papers, money or other prop-
erty belonging to said city and appertaining to his office, and deliver
the same to his successor or any other person authorized to demand
and receive the same.
SEc. 2. That all official bonds as provided in the preceding sec-
tion, shall run to the city of Dubuque, and if accepted and securi-
ties approved by the city council, shall be filed in the office of the
city recorder, and by him securely kept, and in case of the breach
of any condition thereof, such bond shall be prosecuted in the name
of the city, against the persons whose names are subscribed there-
to, or their personal representatives, before any court having juris-
diction, and all moneys thereon received or secured shall be paid
into the city treasury as other city money : Provided, That the
bond of the city recorder shall be deposited with and kept by the
auditor.
Passed January 24, 1861.
Attest t WM. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to define the duties of the Recorder of the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That it shall be the duty of the recorder of said city to
attend at every meeting of the city council, and to furnish the
mayor with an abstract of unfinished business. He shall keep a
correct record of the proceedings of the city council and shall issue
all notices of regular and of special elections required to be given
by law or in pursuance of any resolution or ordinance of the city
council, and when required by the mayor, or in his absence by the
29
president pro tem., shall issue to the city marshal a notice to the
members of the city council of any special meeting of the Board.
He shall notify all committees of their appointment and of the
business referred to them, and shall notify all inspectors and other
officers of their election, and shall, when directed by the city coun-
cil, prepare venires for opening streets and highways, for assessing
damages thereon, and shall perform such other duties as are re-
quired of him by law, ordinance or resolution.
SEc. 2. That the recorder shall keep all records, papers and
official documents belonging to said city, with the ordinances, votes
and proceedings of the city council and of the city of Dubuque,
and all returns of assessments and of elections for city officers, and
of the appointments of all officers for the city, and shall, as soon as
practicable after each meeting of the council, prepare an abstract
of the business transacted and a correct copy of all ordinances
adopted, and shall deliver them immediately to the city printer for
publication, and shall not allow any papers or documents to be
taken from his office without the consent of the council or by their
direction.
SEc. 3. The recorder shall keep the seal of the city and shall
duly attest thereby all deeds and other papers required to be so at-
tested, when ordered by the city council. He shall draw orders
upon the treasury for all money ordered paid therefrom by the city
council, and shall enter the same in numerical order in a book to be
kept for that purpose. He shall keep a book of deeds and contracts
and shall enter therein correct copies of all deeds and contracts ex-
ecuted by or in favor of the city, except deeds for cemetery lots, of
which he shall enter in a separate book, the date, name of pur-
chaser, number of lot and amount paid for the same.
SEc. 4. The recorder shall index all ordinances by their titles,
and shall keep a list of all committees and of the business referred
to them, and note when they report, and the date and nature thereof.
He shall keep a register of all licenses granted in said city, noting
the time when issued, andthe business or purposes for which issued,
and shall at any time when requiredby the city marshal furnish him
a list of all unexpired licenses.
Passed January 24, 1861.
Attest: WM. MCLENAN, Recorder.
H. L. STOUT, Mayor.
8o
AN ORDINANCE to define the duties of the city Auditor.
Be it ordained by the City Council of the City of .Dubuque:
SEc. 1. That the Auditor shall be the general accountant of the
city, and shall receive and preserve in his office all city account
books and all vouchers, documents and papers relating to the ac-
counts and contracts of the city, its revenue, debt, and fiscal affairs,
whether between the city and any officer thereof, or between the
city and any person or body corporate, except when such vouchers,
documents or papers are by ordinance placed in the custody of
some other officer.
SEc. 2. It shall be the duty of the auditor :
First —To examine, audit and adjust all claims against the city, for
the payment of which any money may be drawn out of the treas-
ury, and to certify to the city council the balance or true state of
such accounts, claims or demands.
Second —To keep in proper books in a correct and legible form
in double entry, the accounts between the city and all officers, per-
sons, or bodies corporate who may have the collection or receipt
of any money for the city.
Third —To countersign and keep a register of all warrants drawn
on the treasury, specifying the date, number and amount, the name
of the person to whom., and out of what fund, payable.
Fourth —To deliver to the persons entitled to receive the same,
all warrants drawn on the treasury, when called for, taking receipts
therefor, and charging the same, when delivered, to the proper ac-
Fifth—To keep an account of all debts due to or from the city,
counts.
and a bill book into which he shall enter all bonds, notes and other
obligations given by or payable to the city, with the names of 'Lilo
person or persons by or to whom, the time when, and the place
where, the principal and interest are payable, with the rate of in -
Sixth —To keep in proper books the accounts between the city
terest.
and the city treasurer, charging him with all moneys received into
the treasury, specifying the source from which said moneys have
been received, and crediting him with all warrants drawn on the
treasury and paid by him.
SEc. 3. The auditor shall keep separate accounts with the dif-
ferent funds in the treasury, and of any revenue hich mordinance
y be set
orapart and appropriated for any particular object bylaw,
or resolution of the city council.
31
SEc. 4. Whenever upon the adjustment of any account, a sum
of money shall be found by the auditor to be due to the city from
any city officer, and the same shall not be paid into the: city treas-
ury within ten days after the adjustment of the account, the auditor
shall certify the amount due, to the city cocncil at its next meeting
thereafter. He shall when required furnish the city council with
copies or abstracts of any books, accounts, records, vouchers, or
documents in his office, or any information iu relation to anything
pertaining to his office, or to the revenue of the city, and shall at
all times permit any member of the council to examine the books,
papers, or documents in his office.
SEc. 5. The auditor shall see that all officers having the collec-
tion or receipt of money for the city, shall make report and payment
of the same at the time required by ordinance, or when not so re-
quired, within a reasonable time, and on, failure of any officer to
make such report and payment, the auditor shall notify the council
at their next regular meeting thereafter. He shall make and pre-
sent to the city council semi-annual reports, in proper form for pub-
lication, of all receiptsand expenditures of money belonging to the
city for the six months preceding the date of such reports, ending
with the month of February and August in each year.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Wm. MCLENAN, Recorder.
AN ORDINANCE to define the duties of the Treasurer of the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That the treasurer of said city shall collect, receive, and
safely keep all money due or belonging tothe city of Dubuque,
and for any sum of money so received, shall execute duplicate re-
ceipts, one of which shall be delivered to the person from whom
such sum may be received, and the other returned to the city audi-
tor. He shall keep true and correct accountswith: each fund, of all
receipts into and disbursements fromthe city treasury, and shall at
the close of each month, prepare and file with: the city auditor a
statement of the same for the month next preceding, and of the
amount of money then in the treasury. He shall keep a record. of
32
all orders paid by him, or received in payment of any dues to the
city, stating the number and amount of the same, to whom paya-
ble, on what fund drawn, whom presented, and shall return all such
orders to the auditor to be cancelled, at the time of making his
monthly statement as aforesaid.
SEC. 2. The treasurer shall pay money from the city treasury,
only upon orders drawn upon him by the city recorder, which or-
ders shall be signed by the mayor, or in his absence by the presi-
dent pro tem. of the city council, attested by the recorder and
countersigned by the auditor, and all orders so drawn and paid shall
be vouchers for his disbursements, and if on presentation for pay-
ment of any order so drawn there be no money in the treasury be-
longing to the fund out of which said order is made payable, he
shall, if required, endorse on such order the date of presentation,
and keep a record of the same.
SEC. 3. The treasurer shall be ex-officio the collector of the
city, and shall perform all the duties required by law or ordinance
to be performed by the city collector.
SEC. 4. At the expiration of his term of office the city treasurer
shall turn over to his successor in office all books, papers and
moneys in his possession as treasurer and collector, taking a receipt
for the same, and shall make a full and final report of his doings to
the city council previous to his surrendering his trust.
Passed January 24, 1861.
Attest: WM. MCLENAN, Recorder.
11. L. STOUT, Mayor.
AN ORDINANCE to define the powers and duties of the City Marshal.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That it shall be the duty of the city marshal, and he is
hereby authorized and empowered:
First —Diligently to enquire into and report to the mayor, city
attorney, or some justice of the peace in said city, all violations of
y with
cityof,byordinances, and or persons, andtolprosecute ethe personots
r
thereof, by any person
persons guilty thereof.
33
Second —To ascertain all suspicious or disorderly houses or
houses of ill fame in the city, and all persons carrying on any busi-
ness in said city without license, in all cases where license is neces-
sary, and to report the same to the city attorney or a justice of the
peace, and to visit all parts of the city where disturbances or
breaches of the peace or any violation of any ordinance are likely
to occur.
Third —To arrest and take into custody with or without any
warrant, any person of suspicious character, or who shall be found
in the_'commission of any violation of any law of the State or ordi-
nance of the city, or trespassing on other men's property, and to
bring such person before the mayor or some proper officer to be
dealt with according to law.
Fourth —To report and cause to be abated, or removed without
the city, any nuisance found therein, or which may be reported to
him by the proper officers or by any citizen. To execute and en-
force the orders of the health officer in relation to nuisances and
the removal of persons infected with contagious disease.
rift/ —To perform such other duties as may be prescribed by
resolution or ordinance.
SEc. 2. That the marshal, in the execution of his powers and
duties in arresting any person accused or suspected of crime, 4 in
the arresting of any person under a warrant, or in the suppression
of any riot or unlawful assembly, or in preventing the violation of
any ordinance or of any law of the State, shall have power to re-
quire the aid of any citizen of the city, and any citizen who shall
refuse or neglect to obey the summons of the marshal in this sec-
tion mentioned, shall be subject to a penalty of not l€ss than five
dollars with costs, to be recovered on complaint before any court
having jurisdiction.
SEC. 3. That the city marshal or his deputy shall have charge
of the entire building known as the City Hall, with the halls,
rooms, apartments and offices thereof, to act under the direction of
the city council, to provide such fuel and lights therefor as may be
needed, to see that all fires and lights are extinguished in and
about the same on the night of each day on which the same may
be used, and to keep each and all of said premises in a neat and
Cleanly condition, suitable to the purposes for which they are sev-
erally used, and shall attend all the sessions of the city council.
He shall also have the charge of all other buildings belonging to
5
lli°QIII��II'r1
34
the city, except the engine houses, and shall report the condition
of the same from time to time to the city council.
SEc. 4. The city marshal may, and he is hereby authorized to
appoint one or more deputies, with the approval of the city council,
and removable by their direction.
Passed January 24, 1861.
Attest : WM. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to provide for the election of a City Assessor.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That there shall be elected at the annual city election
in each year, an assessor, who shall be a qualified voter of the city,
and shall take and subscribe an oath, and give bond as required of
other city officers,
of his office as provided by ordinance. diately enter
up n the duties
ssed February 7, 1861.
r H. L. STOUT, Mayor.
AtTitpt: WM. McLENAN, Recorder.
f.
tT
AN ORDINANCE to provide for the appointment of a City Engineer for the City of Dubuque, and
to define his duties.
Be it ordained by the City Council of the City of Dubuque.
SEc. 1. That whenever they shall. deem it expedient the city
council shall appoint some suitable person as city engineer for the
city of Dubuque, who, before he enters upon the discharge of th¢
duties of his office, shall take the oath prescribed by law, and giv
bond, and who shall hold his office for the term of one year, an
until his successor shall be duly appointed and qualified: Provided
That such term of office shall not continue after the annual citj
election in any year, and such office may be discontinued at anj
time by vote of the city council.
35
SEc. 2. That it shall be the duty of the city engineer, at any
time when required by the city council, to survey and plat, and
make as accurate an estimate as practicable, of any improvement
in the streets, alleys and highways of said city, contemplated or
proposed by said council, and in making such survey the said en-
gineer shall designate by suitable marks and stakes placed in the
ground, the situation and character of such improvement, as sur-
veyed and estimated by him —so that the salve may be examined
by any person desiring to contract for doing the same.
SEc. 3. That whenever required by the city council, the city
engineer shall survey and plat any street or highway contemplated
to be opened in said city, and shall return the same to the city
council, accompanied by such notes and explanations as shall pre-
sent a clear description of the route of such contemplated street or
highway, with a designation thereon of the lands or lots through
which the same will pass, and the proprietor or owner of each part
or parcel thereof, with the amount of land proposed to be taken
from each.
SEc. 4. That the said engineer shall, as soon as practicable, as-
certain and designate upon suitable plats thereof, to be by him pre-
pared, the grade of each street or alley hereafter opened, in said
city, and shall also designate the same by some suitable post or
mark fixed at each crossing, or on some permanent monument near
thereto, and shall report the same to the city council for their con-
sideration, and in case the council shall make any change in the
grade of any street or alley, the engineer shall designate such
change upon the monument by him placed or designated as afore-
said.
SEc. 5. When required by any person or persons so to do, the
city engineer shall fix and determine according to the plat of said
city, the corners of each lot within the same where the grade of
the street has been fixed and established, and to fix a stake at each
corner on the front and rear of said lot, marking thereon the num-
ber of feet or inches the tops of such stakes are above or below the
grade, and he shall receive for each lot so by him surveyed and
marked, the sum of two dollars, to be paid by the person or persons
applying to him.
SEc. 6. That it shall be the duty of such engineer to take charge
of all the books, plats and surveys of streets, alleys and grades be-
36
longing to the city, and safely keep the same, and on no occasion
permit the same to pass out of his possession, except upon order of.
the city council.
Passed January 24, 1861.
Attest : Wm. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to provide for the appointment of a Street Commissioner, and to define his duties,
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That whenever they shall deem it expedient, the city
council shall appoint a suitable person street commissioner for the
city, whose powers and duties shall be such as are defined by this
ordinance, or as may be prescribed by the city council, and who
shall hold his office for the term of one year and until his successor
shall be duly appointed and qualified; Provided, That such term of
office shall not continue after theannual city election in any year,
and such office may be discontinued at any time by vote of the city
council.
SEc. 2. That it shall be the duty of the street commissioner to
take charge of all the streets, alleys and highways in the city, and
to superintend all work being done thereon, whether under contract
or otherwise. He shall also from time to time report to the city
council, for their action, the condition of the streets, alleys and
highways, and whenever in his judgment, any action of the council
is necessary in relation thereto, he shall so report with a suggestion
of what action he considers proper, with an estimate of the expense
necessary to be incurred in carrying out the same.
SEc. 3. That whenever required by the city council, he shall is
connection with the city engineer\carefully examine and report to
the city council, a plan and estimate as nearly accurate as practica-
ble of any contemplated improvement or alteration, in any street,
alley or highway, in said city ; and whenever any such improve.
went is in progress, it shall be the duty of the street commissioner,
at least once in each month, to report in writing to the city council
the progress and condition of such improvement, and faithfully to
observe and report whether any breach is made of the terms of any
contract in pursuance of which any such improvement or work may
37
be in progress, and no work done under any contract shall be finally
paid for, 'or the contractor released until the same shall be reported
complete by the street commissioner.
SEC. 4. That it shall also be the duty of the street commissioner
to see that all ordinances in relation to the streets of the city are
properly enforced, and he is authorized and required, at all proper
times to take such measures as may be necessary to preserve and
keep in order and free from filth and all nuisances, the streets and
highways of the city.
SEc. 5. The street commissioner shall be a peace officer in and
for the city, and shall have power to arrest with or without warran
any person whom he shall find engaged in the violation of any or-
dinance of the city.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest : Wnr. MCLENAN, Recorder.
AN ORDINANCE to define the duties of City Attorney.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That it shall be the duty of the City Attorney:
First —To prosecute and defend all suits and actions to be brought
or pending in any court in this State to which the city is a party, or
in which in the opinion of the council the interests of the city are
brought in controversy, or in which the official acts of any of its
officers, servants, or agents are involved;
Second —To advise the city council, or their committees, or any
city officer, on such legal questions as may arise in relation to the
business of the city, and when required by the council shall give
his opinion in writing ;
Third —He shall keep a book or docket, in which he shall enter
an abstract of all suits in which the city is a party, commenced or
pending, stating the names of parties, when brought and in what
court, nature of action, names of witnesses, what steps have been
taken and what are necessary to be taken, before the trial or next
term of the court, and all other facts and particulars which may be
necessary to enable his successor to manage the case understand-
ingly, which book or docket shall be the property of the city, and
38
at the expiration of his term of office shall be delivered to his suc-
cessor or any other person legally authorized to demand or receive
the same, together with all other books and papers which may be
in his possession in his official capacity.
Fourth —He shall perform all other services in the line of his
profession, connected with the business of the city, not herein en-
umerated, and shall in all cases be subject to the direction of the
city council;
Fifth —He shall report to the city council at the first regular
meeting in March in each year, an abstract of all cases in which he
has been engaged in behalf of the city since his election or appoint-
ment, with the result or condition of the same.
SEc. 2. No person shall be eligible to the office of city attorney
unless he shall have been licensed to practice in any of the courts
of this State for at least one year previous to his election.
Passed January 24, 1861.
II. L. STOUT, Mayor.
Attest: Wm. McLENAN, Recorder.
AN ORDINANCE to provide for regulating Weights and Measures.
Be it ordained by the City Council of the City of Dubuque.
SEC. 1. That the city council shall appoint in each year an inspec-
tor of weights and measures, and shall provide correct and appropri-
ate standards for the purpose of testing and proving all weights,
measures,ntwscales, standards shall ms, steel yards,
conform to the standards of the
meats, whit
State and county as established by law.
SEc. 2. That every person engaged in the buying or selling of
goods, wares or merchandise, using weights, measures, scales,
beams, steel yards or other weighing instruments, in weighing or
measuring any article intended to be purchased or sold in this city,
shall cause such weights, measures, scales, beams, steel yards or
other weighing instruments to be sealed and marked by the in•
spector and sealer of weights and measures for said city, and if any
person shall use any weights, measures, scale, beam, steel yard or
other weighing instruments for weighing or measuring any article
39
for purchase or sale in said city, not so sealed or marked as afore-
said, or shall use in buying or selling any false weights, measures,
scales, beams, steel yards, or other weighing or measuring instru-
ments, whether the same shall have been inspected and sealed as
aforesaid or not, he shall forfeit the penalty of not less than five
dollars nor more than fifty dollars for each offence.
SEc. 3. That it shall be the duty of said inspector and sealer to
, mark and seal all weights and measures, scales, beams, steel yards
and other weighing instruments, which he shall find to conform,
or which shall be so adjusted as to conform to the established
standards.
SEc. 4. That it shall be the duty of said inspector and sealer,
and he is hereby authorized to inspect and examine at least once in
each year, and as much oftener as he may think proper, all weights,
measures, scales, beams, steel yards and other weighing instru-
ments used in said city for measuring -and weighing as aforesaid,
and if any person shall refuse to exhibit such weights, measures,
scales, beams, steel yards or other weighing instruments to the said
spector and sealer, for the purpose of examination and inspection
as aforesaid, such person shall forfeit the penalty of five dollars for
each offence, and if any person shall obstruct the said inspector and
sealer in the performance of the duties hereby imposed upon him,
such person shall forfeit the penalty of ten dollars for every such
offence.
SEc. 5. That the inspector of weights and measures shall be en-
titled toreceive as fees for inspecting, regulating and sealing
weights and measures, from the persons owning and, using the
same, the following sums, viz: for platform scales with weights
belonging thereto, fifty cents each ; for counter scales with weights,
twenty-five Dents each; for beam scales for weighing 1000 pounds
and upwards, fifty cents each; for smaller denominations, twenty-
five cents each; for weights single, five cents, but not to exceed
twenty-five cents for a set or a part of a set; for dry measures,
bushel or half bushel, ten cents; smaller denominations, five cents
each; for wine measures, three gallons and upwards, ten cents;
smaller denominations, five cents each ; for each yard measure, five
cents. But it shall not be lawful for the inspector to collect or re-
ceive the aforesaid charges for inspecting and examining weights,
measures, scales, beams, steel yards and other weighing instru-
ments more- than once in each year, from the same person for the
same instrument, unless not found conformable to the standard.
40
SEC. 6. That it shall be the duty of said inspector and sealer to
make a regular register of all the inspections and examinations, in
which he shall state the names of the persons for whom such in-
spections and examinations were made, and whether the weights,
measures, &c., conformed to the standards, and it shall also be his
duty to report to the city council the names of all persons whose
weights, measures, scales, beams, steel yards and other measuring
instruments are not correct, and to deliver a copy of his said regis-
ter to the recorder.
Passed January 24, 1861.
Attest: Wm. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE in relation to the Public Landing and to regulate wharfage.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That the city council may, whenever they shall deem it
expedient, appoint a harbor master, who shall remain in office
during the pleasure of the council, but not to exceed one year, un-
officer
less re -appointed. He shall have pwer to act as a police whom he shall find io-
and to arrest without warrant any person
lating any of the ordinances of the city. It shall be his duty to
superintend the public landing and to cause all the provisions of
any ordinances in relation thereto to be enforced.
SEc. 2. That it shall be the duty of the harbor master to collect
from all boats and rafts such rates of wharfage as may be fixed by
ordinance, to keep a true and correct account of the same, and to
pay the amount into the city treasury once, in each month. He
shall assign places for all boats and rafts, and for all freight landed,
and shall possess all requisite authority to cause the same to be re-
moved to the places assigned e d
Provided,
That no g bioator raftor raf shng
all
be compelled to leave any'place g
freight, uless er landing landing at shall have been previously designated by
nance, orr anoanoth g
the harbor master.
SEc. 3. That the portion of the public landing south of First
street is hereby exclusively appropriated as a steamboat landing,
41
and no raft or boat, excepting steamboats and their barges, shall
land thereat: Provided, that the harbor master may allow other
boats and rafts to land freight at any point whereby the conven-
ience of the owners will be promoted, if the landing of steamboats
and their barges will not in his opinion be interfered with in, any,
manner; by such landing.
SEC. 4. There shall be collected from each steamboat which
shall land at or anchor in front of, and within one hundred feet
from the public landing, the sum of one cent and a half wharfage
for each ton burden of such steamboat, United States government
tonnage, for each landing made by such boat : Provided, That more
than one landing within the term of twenty-four hours from the
time of arrival, shall not subject any boat to additional wharfage ;
and from any steamboat remaining at the landing for a time ex-
ceeding twenty-four hours, there shall be collected wharfage at one
half the above rate for each day of twenty-four hours, during which
such boat shall so remain, after the day of her arrival.
SEc. 5. That any steamboat bound for any port above Dubuque,
which shall land or anchor as aforesaid, shall on payment of
wharfage at the rate of two cents per ton, be allowed to land on
her return free of wharfage for the first twenty-four hours, or a less
time, during which such boat may remain at the public landing.
SEc. 6. That the following rates of wharfage shall be collected
on the articles hereinafter named, landed from rafts, boats, (except
steamboats) or barges, upon any of the public landings of the city.
For lumber, five cents per thousand feet; for shingles, lath or
pickets, two cents per thousand.
SEc. 7. No wharfage shall be collected of any boat or barge from
which shall be landed any article subject to wharfage by the pre-
ceding section, except as therein specified: Provided, That any
boat or barge landing any other freight, shall be subject to the cus-
tomary rate of wharfage.
SEc. 8. There shall be collected on all wood landed upon the
public landing, wharfage at the rate of two cents per cord. No
wood shall be permitted to remain upon the landing for a longer
time than three days, without consent of the harbor master, and
any wood which shall remain upon the public landing for a longer
time than three days after the harbor master shall have given no-
tice to the owner or person having charge of such wood to remove
the same, shall be subject to wharfage at the rate herein provided
for each three days that the same shall so remain.
6
42
SEc. 9. Any boat of any description, used for the transportation
of freight of any kind, upon which or the freight thereof no rate of
wharfage is herein provided, and which shall land or receive any
freight at the public landing, shall be subject to a charge of' one
dollar for each landing: Provided, That any steamboat having a
barge or barges in tow, shall not be subject to any additional wharf-
age therefor.
SEc. 10. Nothing herein contained shall be construed to effect
in any manner existing contracts with the Dubuque, Wisconsin
and Minnesota packet company, or any contracts or ordinances re-
ating to ferry privileges.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: W31. MoLErrAN, Recorder.
AN ORDINANCE to define the boundaries of wards -
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the city of Dubuque shall be divided into five
wards as herein numbered and described; the first ward shall
include all that part of the city contained within the following
limits, viz: commencing at the point on the Mississippi river
at which a line in the center of Main street intersects said river;
thence along said line and through the centerof Main street
to the point where the center line of Fifth street intersects the cen•
ter line of Main street; thence westwardly along the center line of
Fifth street to the old corporation line, thence sauthwestwardly
along the center line of a continuation of Hill street, (as exhibited
on Potter's map of Dubuque,) until the center line of said street im
tersects the-eenter line of Third street, as exhibited on the same
map, thence northwestwardly along the center line of Third street
to its termination as exhibited on the said map, being on the east
boundary of Mineral lot No. 159, thence westwardly across Mineral
lots No. 159 and 160, to the southeast corner of Mineral lot No.
161, thence westwardly along the south boundary of said Mineral
lotto its south-west corner, thence north -westwardly along the boun•
dary line between Mineral lots Nos. 162 and 163 to the south boun•
bary of the sub -division of the Gilliam lot (as exhibited on Potter's
43
nap of Dubuque,) thence westwardly along the south boundary of
said sub -division, to the west boundary of the city of Dubuque,
thence south along said west boundary to the south boundary of
said city, thence along the south and east boundaries thereof to the
place of beginning.
SEc. 2. The second ward shall include all that part of the city
lying south of a line commencing at the point where the center
line of Eighth street intersects the center line of Main street, thence
north-eastwardly along the center line of Eighth street to the Mis-
sissippi river, and east or north-east of the center line of Main street,
commencing at the point above named, and continued through said
street and in the direction of the same south-eastwardly to the said
river.
SEC. 3. The third ward shall include all that part of the city
lying eastward of the center line of Main street, and between the
center line of Eighth street continued to the Mississippi river, and
the center line of Seventeenth street continued to said river.
SEC. 4. The fourth ward shall include all that part of the city
lying westward of the center line of Main street, and between the
northern boundary of the first ward and a line commencing at the
point where the center line of Seventeenth intersects the center line
of Main street, thence westwardly along the center line of Seven-
teenth street to where the same intersects the center line of Min-
eral street, thence along the center line of Mineral street to the west
boundary of the city.
SEC. 5. The fifth ward shall include all that part of the city ly-
ing north of the northern boundary of the third and fourth wards
as herein described.
Passed. January 24, 1861.
H. L. STOUT, Mayor.
Attest: WM. MCLENAN, Recorder.
AN ORDINANCE to regulate the manner of fixing Grades fin the city of Dubuque.
Be it ordained by the City Council of the City of .Dubuque:
SEC. 1. That every grade hereafter agreed upon for any street,
alley or highway within the boundaries of said city, shall be fixed
44
and established by a resolution of the city council, adopted after
the subject of such grade has been referred to a committee, and a
report made thereon, accompanied by a profile from actual survey
by the city engineer, and all grades so fixed shall be duly estab-
lished and recorded with the profiles thereof, in a suitable book to
be prepared and kept by the recorder, and entitled "The Grade
Book,"
SEc. 2. That any or all of the grades heretofore fixed by the
city council may be collectively or severally sanctioned and con-
firmed under the authority of this ordinance, by resolution of the
city council, and when se sanctioned and confirmed shall be in like
manner recorded if the same has not been previously recorded.
SEc. 3. That all alterations of established grades may be effected
by resolution in like manner, but no such grade once established
shall be altered or annulled until -after the proposed change shall
have been submitted to the city council for the term of two weeks,
nor until ten day's notice thereof shall have been published in the
city paper or posted `by the city marshal in three public places
along the line of such proposed alteration.
Passed January 24, 1861.
Attest: WM. McLEIiAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to provide for opening, altering or annulling Streets, Alleys and Highways is
the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
SEC, 1. That whenever the city council may deem it expedient
and necessary to lay out, open, widen, extend or alter any street,
alley or highway in said city, they shall require, and by resolution
authorize, the city engineer to make an accurate survey and plat
thereof, together with the land or lots through or over which the
same is proposed to be made, and the names of the owners, with
the amount of land proposed to be taken, and to return such survey
and' plat as Soon as practicable, with such suggestions as he may
deem proper, to the city council, and on such return, if the city
council shall then deem it expedient to lay out,open, widen, extend
45
or alter such street, alley or highway, they shall order the city re-
corder to issue a venire to the city marshal, and to furnish him with
the names of the owners of property as furnished and returned by
the city engineer, and commanding him to summon a jury oftwelve
freeholders, citizens of said city, good and lawful men, not directly
interested; to appear at a time and place to be therein stated, which
shall not be less than five days from the date thereof, and the mar-
shal shall also give the persons named in such list as aforesaid,
(provided they shall be residents of the city) notice in writing of
the time and place when and where the jury so summoned will ap-
pear, and any such person may appear and object to any of the
jury so summoned, for any good cause shown, but no more than
three peremptory challenges shall be allowed to any such jury;
Provided, That no action shall be had under such resolution until
the person or persons interested in the opening, widening, laying
out, extending or :altering any street or alley shall have depos-
ited in the city treasury, a sufficient sum of money to defray all ex-
penses of surveying, platting, jury fees, and advertising incurred
by such opening, laying out, widening, extending, or altering.
SEc. 2. That in case any person named in such list so furnished
to said marshal, shall be a non-resident, he shall give such notice
by publication in a newspaper published in said city, for at least
two weeks, the last publication of which shallbe at least five days
before the time .fixed for the meeting of such jury, stating the pur-
pose for which they are summoned, and directed to such person,
and any such person not appearing in pursuance of notice shall not
thereafter be permitted to raise any objection to the jurors so sum-
moned, or to any assessment they may make.
SEc. 3. That on the day so specified for the return of such ven-
ire, the jury so summoned shall appear at the place designated, and
if no objection is made, or if any one or more is objected to, and
if such objection is overruled, or if sustained talismen are chosen
in their places, the said jury, after being first duly sworn by some
officer authorized to administer oaths, shall proceed to apportion
and assess the damages and benefits which any person may sustain
by reason of opening, widening or extending such street, alley or
highway, upon the lots or land adjoining, or in the immediate
vicinity, which may be damaged or benefited thereby, and shall re-
turn such apportionment and assessment in writing, subscribed by
the jurors by whom the same shall be made to the city marshal, to
be by him delivered to the city council. The expenses of survey-
47
46
ing, platting, jury fees, and advertising, incurred in consequence of
laying out, opening, widening, extending or altering any street,
alley or highway shall be included in the damages, and assessedby
the jury upon the owner or owners benefited thereby.
SEC. 4. That if upon examination of the report of the engineer,
and the assessment and estimate of the jury, the city council shall
decide that it is expedient and necessary to lay out, open, extend,
widen, or alter such street, alley or highway, they shall pay the
damages, if any, when collected, and shall procure from the owner
ro ri d f relinquishment there.
duty of the city recorder to make out and deliver to the city mar-
shal a copy of the order declaring the same to be a public high-
way, and it shall be the duty of the city marshal thereupon forth-
with to proceed and open the same, and in case any.obstruction
shall be found therein, it shall be his duty forthwith to notify the
owner, or person in possession of any land or lot on which the same
may be found, to remove such obstruction within ten days, and in
case of the refusal or neglect of any such person so to remove the
same, the city marshal or street commissioner shall proceed to re-
move the same.
or owners, proprietor or p p store, deeds o rq SEC. 7. That any public highway in said city may be annulled
for, and in case of the absence of any such person, or other inabil.
in like manner by resolution of the city council ; Provided, That
ity to procure such deed of relinquishment by reason of such per. no street, alley or highway duly established shall be altered or an -
son refusing to execute the same, or for any other cause, the dam• nulled until after the proposed action thereon shall have been sub -
ages so awarded to any such person shall be allowed and set apart miffed to the city council at two regular sessions, nor until ten days'
in the city treasury, to be paid to any such person on his demand-� notice thereof shall have been published in the city paper.
Passed January 24, 1861.
STOUT,
ing the same and presenting to the city council such ee o re•
linquishment, which setting apart shall be equivalent to payment
And the city council shall thereupon proceed, and by resolution de.
clare, such street. alley or highway to be opened, laid out, extended,
widened, or altered as the case may be, and shall thereupon cause
a record of the plat and description thereof to be made by the city
recorder in some suitable book for that purpose provided, and such
street, alley or highway shall thereupon be established as a public
highway in said city for public use as other streets and highways
therein.
SEC. 5. Whenever the city council shall by resolution, declare
any street, alley or highway to be opened, laid out, extended,
widened or altered, the city marshal shall, forthwith, proceed to
notify the owners of all lots and grounds against which any sum
shall be apportioned, to pay the same within thirty days. In cases
where neither such owners nor any agents shall be residents of the
city, or are unknown, notice shall be given by publication in any
newspaper in said city for two weeks. If default of payment shall
be made, the Recorder shall deliver to the collector of taxes for the
city a statement of the same, and he shall proceed to collect the
same by sale of the property as in cases of sale for non-payment of
taxes, and the property so sold shall be subject to the same rights
of redemption, interest, penalties and costs as other property sold
for taxes.
SEc. 6. Whenever any street, alley or highway in said city shall
be laid out, opened, widened, extended or altered, it shall be the
H. L. Mayor.
Attest : Wm. McLENArr, Recorder.
AN ORDINANCE to provide for paving and macadamizing streets.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the city council may by resolution provide for the
grading, paving, macadamizing or repairing of any street or alley,
or any portion of the same, or for the curbing of side -walks, or
building or repairing sewers, and in all cases of improvements for
which a special tax is to be levied, notice shall be given by publi-
cation of a copy of such resolution in the official paper of the city,
not less than two weeks. After such publication, or if the same
shall not be required, the council may at a regular meeting instruct
the city engineer to advertise and receive bids for the performance
of such work, and furnishing material for the same, under contract,
in accordance with plans and specifications to be furnished by the
engineer. Each bid shall be accompanied with security for the
performance of the work, if such bid shall be accepted. All such
advertisements shall be published in the official paper of the city,
48 49
sot less than two weeks, and all bids received in conformity with y SEc. 4. The city marshal or street commissioner shall have
nuch advertisements shall for be osucb.dwork andin the . material hall of the be power and authority tot close anyr street sourehallsety to public travel,
council, and the contract
awarded to the lowest bidder, who shall within one week thereat'- weany and any who shall wilfully resist, or impede
alley is in
ter enter into a contract with good and sufficient security, to be ap- progress, y P
ther
satisfaction of the engineer or than five dollars.
proved by the council, for the operformance of the work, and fur- such improvement or repair, shall be subject to a fine of not less
street g material as required,
street commissioner, within such time as may be specified: Pro-1 Passed January 24, 1861. H.
vided, That if the estimated cost of any improvement or repair
it if
WTI. MCLENAN, Recorder.
shall not exceed the sum of two h
ndrhe pe dollars,
of the may be
done
ar-
so ordered by the council, Ander
shal or street commissioner, and the advertisement of such work
may be dispensed with.
SEC. 2. The city council may levy a special tax on any lot ix
lley or
Lots,. or the owner thereof, onT any
thea,for the
, for the
purpose of grading, paving a
purpose of curbing the side -walks. The resolution by which such
tax shall be levied, shall sthee of of work, amount of
street, numbers of
lots, names of owners, when known, desripfi
tax per foot front, with total amount to each lot or owner, and
name of the contractor to whom such tax shall be payable. Such
resolutions shall be published two weeks in the official paper of the
said city, and such taxes shall be due and payable at the expiration of
time. If not paid within thirty days from the passage of such res•
olution, such taxes shall become delinquent, and shall be subjectto
The penalties provided for non-payment of e same time,othafer
ty hteaxes, date of to ttach
ch
in the same manner and at th
delinquency. In case such tax and penalty shall be unpaid at the
the property upon which
of s next euev ed, g annual tax sal be included,in the advertisement and
such tax shall be levied, shall
sale of property for delinquent taxes, and shall be subject to the
same terms of redemption as other propertyso d for
macadamizing
SEc. 3. In all contracts for grading, paving, g, or
streets or curbing side -walks, it shall be specified that the contractor
shall collect the amount assessed aon tax for s h improvement)
which tb.e tax
from the owners of the property p
sensed, and shall waive all recourse upon the city for payment anandel
such contract to the amount of such tax: Provided, That
spec
ial tax paid to the city collector shall be set aside and
paid
over on demand to the contractor entitled to collect th
all penalties and interest accruing thereon.
Attest :
AN ORDINANCE regulating the Paving of Sidewalks.
L. STOUT, Mayor.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That all side -walks hereafter paved or repaired shall be
made to correspond to the grade of the street, and shall incline to
the top of the curbing at the rate of one half inchto the foot. That
the tops of all curb stones hereafter set shall correspond to the grade
of the streets, and they shall be set on all streets sixty-four feet
wide, at a distance of twelve feet from the line of the street, so that
the street between the curb stones shall be forty feet wide, and on
all other streets the curb stones shall be set at a distance from the
line of the street of one -fifth part of the whole width of the street.
SEc. 2. That all paving or repairing of side walks shall be done
with brick or stone or plank, at the option of the property owner or
owners, in front of whose lot of land such side walk shall be; if of
brick, they shall be made of good substantial hard brick ; if of stone,
the same shall not be less than two inches thick, and dressed
square with hammered or squared surface; such brick or stone
shall be laid on a bed of sand at least four inches thick, even at
the top, to be range work, with close joints, full width of side walks ;
when of plank, the same shall be not less than two inches thick,
square edge, good sound. material: Provided, That grub plank (so
called) may be used, if not less than two inches thick. and square
edged.
Sao. 3. Whenever the city council shall deem it expedient to
have the side -walk of any street paved or planked, or repaired, they
may by resolution order that the same shall be done; and notice
7
50
shall be given to the owners in writing, or by the publication of
such resolution for not less than two weeks in the official paper of
the city, requiring the work to be done by the owners of the prop-
erty, abutting on such street or portion of a street, in conformity
with the preceding section, within thirty days from the passage of
such resolution; and if at the expiration of said thirty days, any of
such side walks shall not have been paved or planked, or repaired,
by the owner, the city marshal or street commissioner shall proceed
to have the same done at the expense of the city, and when the '.
work shall be completed, he shall report to the city council the cost
of such work and materials, and the amount shall be paid from the
city treasury, and assessed upon the property in front of which the
work shall be done, and shall be a tax upon such property, to be
collected in the same manner as other city taxes are collected, and
shall be due and subject to the penalties provided for non-payment
of taxes from the expiration of the thirty days, assigned for the
completion of the work by the owner: Provided, That if any side
walk shall for want of repairs become dangerous for travel, the city
council or the mayor may order the necessary repairs to be made
forthwith, and the expense, if paid by the city, shall be collected
as herein required.
Passed January 24, 1861.
Attest : Wm. McLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE in relation to Streets and Sidewalks.
Be it ordained by the City Council of' the City of Dubuque:
SEC. 1. That no person shall place or cause to be placed any
stones, timber, lumber, planks, boards or any material for building
or other obstruction in or upon any street, alley or public square in
the city without a written permission from the mayor, city marshal
or street commissioner, under the penalty or not less than five nor
more than twenty dollars for each and every twenty-four hours
during which the articles or materials aforesaid shall be or remain
in any such street, alley or public square, without permission as
aforesaid, after notice to remove the same, and in such case the
city marshal or street commissioner shall remove such obstruc-
tions when directed to do so by the mayor, and collect the cost of
such removal from the owner or person who shall place or cause to
be placed any obstruction as aforesaid.
SEc. 2. The mayor, city marshal or street commissioner is here-
by authorized to grant any permission in writing to place and keep
any building materials in any of the public streets, for a period of
time not exceeding four months, but such permission shall not au-
thorize the obstruction of more than one-third of the side walk, and
one-half of the carriage way of said street opposite the lot on which
an erection is to be made by the person to whom such permission
is granted, and such permission may be revoked at any time by the
city council in their discretion.
SEc. 3. Every person to whom permission is granted as afore-
said, shall cause all the timber, building materials and rubbish
arising therefrom to be removed from the street at the expiration
of the time limited in such permission, under the penalty of not less
than one dollar or more than twenty dollars for every twenty-four
hours the timber, material or rubbish, or any part thereof shall be
and remain in such street, after the expiration of the time limited
in such permission.
SEc. 4. No person shall suffer any carriage, wagon, cart, sleigh
or sled without horses or other beast of burden to remain or stand
in any street, lane or alley, or public wharf or dock for more than
ten minutes, under the penalty of one dollar for each and every
offence.
SEc. 5. No person shall at any time fasten any horse or beast
of burden in such a way as to obstruct the free use of any side
walk under the penalty of one dollar for each and every offence, nor
shall any person fasten any horse or other beast of burden to any
ornamental or shade tree in any of the streets of this city, or to any
box or case around said tree, without the consent of the owner of
said tree under the penalty of not less than five nor more than
twenty dollars for each and every offence.
SEC. 6. No person shall place or deposit (except as provided in
this ordinance) on any side walk or in any street, any cask, box,
crate, wood, stone, plank, boards, goods, wares, merchandise, or
other substances or materials, and any person placing or depositing
the same, and the owner of the premises or occupant thereof, as
the case may be, in front of which the same shall be, shall forfeit
52
the penalty of two dollars for each and every two hours the same
shall remain, after he or they shall have been notified by the mayor,
city marshal or street commissioner to remove the same.
SEC. 7. It shall be lawful for any person to place or set out for
sale any goods, wares and merchandise on the side walk in front
of, and within three feet of his store or building, or to place and
leave for a period not exceeding three hours, on four feet of the
outer edge of the side walk in front of his store or building any
goods, wares or merchandise, which he shall be in the act of re-
ceiving or delivering, and in case of any suit or prosecution for a
violation of the sixth section of this ordinance, it shall. be required
of the defendant to show by proof that his case is within the pro.
visions thereof, before he shall be entitled to the benefit of this
section.
SEC. 8. No person shall push, lead, draw, back or drive any
horse or other beast of burden, or any cart, wagon, hack, carriage,
omnibus, sleigh or 'dray over or upon any side walk under the pen.
alty of not more than ten dollars for each and every offence.
SEc. 9. The erection of any cellar door, step or staircase which
shall project more than five feet from the line of Main street into
such street, and the erection of any post on the sidewalk, or any
shed or structure of boards or other materials extending from any
house across the side walk along such street, and the erection of
• any sign, sign -post or other device to denote or show the occupa•
tion or business there carried on, or any merchandise or things
there kept and sold, which shall project across such side walk or
more than three feet from the line of such street, are hereby pro.
hibited and are declared public nuisances, and if any person shall
hereafter erect or cause to be erected any such nuisances, or if any
person to whom such nuisance, shed, sign, or sign -post or other
device already set up and erected belongs, shall permit or suffer the
same to remain after being notified to remove the same by the
mayor, city marshal or street commissioner such person shall be
liable to a penalty or not less than five nor more than twenty dol•
lars for each twenty-four hours such nuisance shall be suffered to
remain after such notification to remove the same; and the city
marshal or street commissioner shall proceed to abate the nuisance
found remaining after the conviction of the offender.
SEC. 10. No person shall construct or suffer to remain any bore
window or other windows which shall extend into any street more
than two feet, nor shall any person construct or suffer to remain any
53.
porch, stoop, steps, railing, cellar door or platform in any street in
this city which shall extend into more than one-fourth of the width
of the side walk under a penalty of not less than five nor more than
twenty dollars for each and every offence, and the owner or occu-
pant of any building to which such windows, porch, stoop, steps,
railing, cellar door or platform shall appertain or belong, shall for-
feit the penalty of five dollars for every twenty-four hours the same
shall remain contrary to the provisions of this section, after notice
to remove the same shall have been given by the mayor, city mar-
shal or street commissioner.
SEC. 11. No person shall erect any awning in front of any build-
ing on Main street in this city, unless the lower portion of the same
shall be at least twelve feet elevation from the side walk at any
part thereof; and thirteen feet high at the inner edge or next to such
building, and shall be supported by an iron frame -work substan-
tially attached to the building in front of which such awning shall
be erected, and every part of such frame -work shall be at least ten
feet in height from the side walk, and shall extend to the outer edge
of the curb stone, and every occupant or owner of any building on
said Main street in front of which any awning or awning post shall
be put up or erected contrary to the provisions of this section, shall
be liable to a penalty of ten dollars, and the further penalty of five
dollars for every twenty-four hours he shall suffer the same to re-
main after notice to remove the same from the mayor, city mar-
shal or street commissioner; Provided, That awnings may be
erected, constructed of canvass, with frames of wood or iron, no
part of such awnings being less than seven feet above the side
walk or projecting more than\six feet from the line of the street.
SEC. 12. Nothing herein contained shall prevent the erection of'
one, and not to exceed two posts in front of each building, for the
purpose of hitching horses or other beasts of burden, if the owner
or occupant of such building desires to have the same. Every such
post so erected shall, if of wood, be not more than six inches in
diameter, and not to exceed four feet in height, and placed on a
line with the inside of the curbstone.
SEC. 13. It shall be unlawful for any person to suspend from
awnings any goods, wares, or merchandize, or any article whatso-
ever, and any person so offending shall upon conviction thereof pay
the fine of five dollars for each offence and the further sum of two
dollars for each twenty-four hours he shall suffer the same to remain
after being notified by the city marshal or street commissioner to
4-4
54
remove it; Provided, That proper signs of any lawful profession,
trade, or business may be painted on curtains suspended from such
awnings, no part of such curtains being less than ten feet above the
sidewalk.
SEC. 14. All ornamental or shade trees or posts hereafter placed
or set in any street in this city, shall be placed or set within the
55
employer shall be subject to the penalty of five dollars for each and
every day during whichsuch excavation shall remain unprotected.
SEC. 19. No person shall remove or cause to be removed, or shall
aid or assist in removing, any building into, along or across any of
the streets of the city, without permission for such removal from
the mayor, city marshal or street commissioner.
outer line of the sidewalk and within one foot of said outer ine of, SEC. 20. No person owning or occupying any cellar, the door.
the sidewalk of such street, and everyperson placing or causng or time
of which may be in any street or alley, shall cause or allow such
procuring to be placed any post'or tree, contrary to the provisions' cellar door to remain open at any time between twilight in the
11 forfeit the penalty'of five dollars for each and s --- ,: - - __ __ing, without _t <,_ _ _ _ _
having a light in such cellar way.
Sic. 21. That no person shall dig, build or construct in front of
any building or lot in the city, any stairway, area, or vacant place,
below the level of the sidewalk, which shall extend into more, than
one-fourth part of the width of the side -walk, or which shall not be
provided with a sufficientrailing not less than three feet in height
placed on each side of, and not more than six inches from said
stairway, nor more than six inches from the outer edge of the area
or vacant space, under a penalty of not less than five dollars or
more than twenty dollars for each and every offence, and any owner
or occupant of any building or lot, in front of which ,said stairway,
area or vacant space shall be suffered to remain, contrary to the
above provisions, shall forfeit and pay a penalty of five dollars for
each twenty-four hours during which the same shall remain after
due notice shall have been given by the city marshal or street com-
missioner.
SEQ. 22. No person shall cast or throw, or cause to be cast or
thrown into any of the drains or culverts in the city, any straw,
shavings, wood, stone, rubbish, or dirt, or any filthy or other sub-
stances, or cause any obstructions, nuisances, or injury in or to the
same under a penalty of ten dollars for each and every offence.
SEc. 23. It shall, not be lawful for .anyowner or driver of any
carriage, cart, wagon, hack, dray, truck or omnibus, horse or other
beast of burden to suffer the same to stand or remain in any street,
sidewalk, alley, wharf or dock within the city, so as to encumber
the same, or prevent the free passage thereof, under the penalty of
two dollars for each offence; nor shall any carriage, cart, wagon,
hack, dray, truck or omnibus be suffered to stand or remain sta-
tionary in any street, alley, wharf or dock within this city for a
longer period than one hour, under a penalty of two dollars for
each offence.
of this section, a..w
every offence, and the further penalty of one dollar for each week
such tree •or post shall be suffered to remain contrary to the provis•
ions of this section.
SEC. 15. Any person who shall injure or tear up any pavement,
side or crosswalk, drain or culvert, or any part thereof in this city;
without a written permission from the mayor; city marshal or street
commissioner, or who shall hinder or obstruct the making or repair.
ing any pavement, side or crosswalk, which is or may be making
under any law or resolution of the city council or who shall hinder
or obstruct any person employed by the city council or street com•
missioner, or any person acting under their supervision in making
or repairing any public improvement or work ordered by the city
council, shall for each and every offence, forfeit and pay upon con.
viction a fine of five dollars.
SEC. 16. That no person shall excavate or break up any of the
streets or alleys of the city, or remove any part of the pavements,
curbstones or sidewalks for any purpose whatever without first hav
ingobtained permission from the mayor or city engineer, such per•
mission being for a time not exceeding one month.
SEC. 17. That any person who shall be permitted, for any
purpose whatever to excavate in any of the streets or alleys of the
city, or to remove any pavement, curbstone or sidewalk, shall, as
soon as may be consistent with the purpose' of such excavation or
removal; place the said street, alley or sidewalk in as good condi•
tion for travel as it may be at the time of obtaining such perniis•
sion.
SEC. 18. That any person engaged in excavating in any of the
streets or alleys or in any other open or exposed portion of the city,
or the employer of such persons, shall provide suitable barriers
around the excavation so made, for the protection of persons or an•
im als passing near the same, and on failure so to do, such person or
56
SEc. 24. No person shall leave any horse or horses, in any
street, alley, or other highway within the city, without being suffi-
ciently secured by a halter or otherwise, under a penalty of not less
than two nor more than twenty dollars for each offence.
SEc. 25. No person shall remove or cause to be removed any
rock, earth, gravel or sand from any property belonging to the city,
or any highway, street, alley, or road within the bounds of the city
under a penalty of not more than fifty dollars, without the permis-
sion of the mayor, marshal or street commissioner.
SEC. 26. No person shall wilfully deface, break, injure or de-
stroy any gas lamp or lamp post belonging to the city, or shall
without authority from the city council remove any such lamp or
post, or light any public lamp or cause such to be lighted, or shall
wilfully and maliciously cause or allow any gas to escape from such
lamp, or shall hitch or fasten any horse or team or any animal of
any description to any such lamp post; and any person so offending
shall upon conviction be subject to afine of not less than one dollar
or more than fifty dollars for each offence.
SEc. 27. That any person who shall use any sled or sleigh, not
drawn by a horse or horses or other animal or animals, for the pur-
pose of sliding down any of the streets or sidewalks of the city,
shall be subject to a fine of not less than one dollar, with costs, for
each offence. And in case such offence shall be committed by a
minor, his or her parent or guardian shall be liable for the penalty.
SEC. 28. That no person shall drive any horse or mule, attached
to any sled or sleigh through or on any of the streets or highways
of the city, at a pace faster than a walk, unless there shall be at-
tached to such horse or mule or to some part of the harness thereof,
or to such sled or sleigh, not less than three bells, of sufficient size
to warn foot passengers. Any person who shall offend against this
section shall be fined not less than two dollars or more than five
dollars for each offence.
SEc. 29. Any person who shall, by excavating, filling, or in any
other manner, divert water from any street or alley of the city, or
from any natural channel or water course, thereby causing injury
to any public or private property, shall be subject to a fine of not
less than five or more than twenty dollars, with costs of prosecution.
Passed January 24, 1861. H. L. STOUT, Mayor,
Attest: WM. McLENAN, Recorder.
57
AN ORDINANCE to establish and dedicate a Public square.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That all that certain tract or parcel of ground in the
city of Dubuque, bounded as follows, to wit: On the east by Iowa
street, on the south by Fifteenth street, on the west by Main street,
and on the north by Lot No. 745, as shown upon the official plat of
the town of Dubuque by the United States, be and the same is
hereby reserved, dedicated and established as a public square, to
be known as Jackson Square, for the use and benefit of the said
cityof Dubuque and inhabitants thereof forever.
SEc. 2. That the said square shall be reserved and appropriated
solely as a place of public resort and recreation.
SEc. 3. That all public squares shall be under the special care
of the city marshal, whose duty it shall be to see that the same are
properly protected from injury, and to carry out and execute the
orders and resolutions of the city council in reference thereto.
SEc. 4. That it shall be unlawful for any person to use any pub-
lic square for any purposes other than those to which it is herein
dedicated, or to remove or injure the fence or any part thereof, or
to cut, injure or deface in any way anytree, shrub or plant, or any
railing or other work of ornament or use, or to dig up the surface
of the ground, or to turn within said square any animal to feed or
remain there; to disfigure said square or any part thereof in any
manner. Any person guilty of violating any provisions of this sec-
tion shall upon conviction be fined in any sum not less than two
dollars nor more than twenty dollars for each and every offence.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: W31. McLENAN, Recorder.
AN ORDINANCE to provide for the protection of Harbor Improvement Bridges.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That if any person shall ride or drive any horse, mule,
or any animals whatever, across the bridges erected on Seventh
street, at a faster gait than a walk, he shall be fined in any sum not
8
58
less than one dollar or more than five dollars for each and every of-
fence, to be recovered before any court having jurisdiction, with
costs.
Passed January 24, 1861.
Attest: Wm. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to establish and regulate Markets.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the building on the corner of Main and Jones
streets, known as the First Ward Market, and the building on Thir•
teenth, between Clay and Iowa streets, known as the Central Mar.
ket, with as much of the streets adjacent thereto as may be neees•
sary for the purpose, are hereby established as public markets, and
shall be kept as such under the direction of such persons as the city
council may appoint toperform the duties of market masters for
such markets, respectively.
SEC. 2. The rent of ' stalls in either of the markets of the city
shall be fixed by the city council in each year, prior to the first day
of May, or whenever such stalls may become vacant. The choice.
of stalls at the rent fixed by the council shall be offered for sale on
the premises, by the market master or city marshal, on the first day
of May in each year, (or on the second day if the first day shall be
Sunday,) at an hour between 9 o'clock A. M. and 4 o'clock P. M,;
Provided, That the lessee of any stall shall have the privilege of
leasing the same for another year, at the rent fixed by the. council
The sale may be adjourned, for good cause, not longer than one
week. The highest bidder for any stall shall be entitled to a lease
of such stall for the term of one year, on payment to the treasurer
of the rent and premium, in cash, unless the city council shall di.
rect the same to be received in scrip. Leases, signed by the mayor
and recorder, shall be issued to persons entitled thereto. If any
stall shall not be leased at th�reg regular sale,
day for leasing such stall
come vacant, the council may appoint a
in the manner herein provided.
SEC. 3. Tee market m asters shall exercise the market houses and grounds,
shall lassign
pervision o places
59
to all wagons and dealers and shall preserve order during market
hours. They shall see that the markets are properly cleaned, and that
all dirt, or offensive matter of any kind, is removed at the close of each
market day, and that the markets are opened and closed at the hours
fixed by the council. It shall be their duty to see that all ordi-
nances in relation to markets are strictly enforced. They shall cause
all unsound or diseased meats or other articles offered or exposed
for sale in market to be seized and destroyed, or so disposed of as
not to be used for food. They shall cause all articles of less weight
than represented by the seller, which shall be offered or exposed for
sale with intent to defraud, to be seized and sold, and the proceeds
thereof paid into the city treasury.
SEC. 4. The markets shall be open daily (Sundays excepted)
during such hours as the city council shall, by resolution, from time
to time, determine. No provisions or other articles shall be sold in
said markets except during market hours.
SEC. 5. No person' after having purchased in market any meat,
poultry, game, fish, butter, eggs, fruit, vegetables or other articles,
shall sell or offer for sale the same in any market place in the city.
No person attending market for the purpose of selling shall pur-
chase any article sold in the market as agent for any other person.
No person shall sell or give away in market any spirituous or fer-
mented liquors.
SEC. 6. No person shall sell, or expose, or offer for sale, at any
place in the city, any tainted, putrid, blown, plated, raised or un-
sound meat, fish, eggs, poultry or other article of food. No person
shall offer for sale chickens with their limbs tied, at any place in
the city.
SEC. 7. No person not having lawful business in market shall
idly sit, walk, lounge, or lie in or about the market place, nor shall
the smoking of tobacco be allowed therein, during market hours.
No dog, slut or other offensive animal shall be permitted in the
market house at any time, nor shall any person bring or suffer to
come into or upon a market place during market hours any unruly
or dangerous animal of any kind.
SEC. 8. No person shall by himself or agent sell or expose for
sale at any place in the city, other than the established markets, any
fresh meat, poultry or fish, under a penalty of not less than five or
more than ten dollars for each offence ; Provided, That the above
named articles may be sold in that part of the city west of Bluff
street, not less than five hundred feet from the west line of said
60
street, and in that part of the city south of Fifth street, by any per-
son duly licensed to sell in those portions of the city. A license
for such sale, signed by the mayor and recorder, shall be issued for
the term of six months from the date thereof, upon payment there-
for by the applicant, into the city treasury, of such sum as the city
council shall require.
SEc. 9. Whenever the words "in market" are used in this or-
dinance they shall be understood to refer to the markets of the city
as established by ordinance for the sale of meat and vegetables.
SEc. 10. No person shall sell, or offer or expose for sale, upon,
any of the streets of the city not included in the market places
established by ordinance for the sale of such articles, any meat,
poultry, fish, game, butter, eggs, fruit or vegetables of any kind.
SEc. 11. Any person who shall commit any act or offence pro-
hibited in this ordinance, for which a penalty is not otherwise
herein provided, shall forfeit and pay upon conviction a fine of not
less than one dollar, with costs of prosecution.
SEc. 12. No person shall buy, for the purpose of selling again,
any fresh meat, fish, poultry, butter, eggs, vegetables, or fruit of any
kind, either in market or at any other place in the city, after 5
o'clock P. M. or before 9 o'clock A. M. of any market day; and
any person so offending shall forfeit and pay upon conviction a fine
of not less than five dollars nor more than twenty dollars for each
offence, with costs of prosecution.
SEc. 13. Any person who shall use or occupy any stall in either
of the markets of the city, for the purpose of selling meat, poultry,
fish, or any other article of provision, without authority expressed
in a lease, as provided in Section 2 of this ordinance, shall be sub•
ject to a penalty of not less than five or more than twenty dollars
for each day that such stall shall be used for the purpose aforesaid
Passed January 24, 1861. H. L. STOUT, Mayor.
Attest: WM. McLENAN, Recorder.
AN ORDINANCE to establish Hay, Wood and Grain Markets.
Be it ordained by the City Council of the City of Dubuque
SEc. 1. That e hereby P set aparthand established as a hay market, and that Se'
irteenth street, between Clay andWhite streets,
is h
61
enth street, between Iowa and Clay streets, with Clay street, be-
tween Seventh and Eighth streets, are hereby set apart and estab-
lished as a wood market for the city.
SEc. 2. That no person having charge of any hay or wood team
shall allow the same to stand upon or occupy any other streets or
grounds, while waiting to sell their loads, than the places hereby
established as hay and wood markets, respectively, and it shall be
the duty of such persons to place their teams on each side of said
streets, so as to leave the center of the same open for travel. Any
person who shall offend against the foregoing provisions of this
ordinance shall be subject to a fine of not less than one dollar with
costs of prosecution.
SEc. 3. That Main street, between First and Jones streets, on
both sides of the First Ward Market House, and including said
market house so long as the council shall permit the same to be used
for the purpose, is hereby set apart and established as a grain mar- °
ket, and that any person who shall purchase for the purpose of sell-
ing again, any grain of any description, brought into the city on
any wagon or sled, in any other part of the city than at the market
as hereby established, shall be subject to a penalty of not less than
five dollars, with costs of prosecution.
SEc. 4. The city council may appoint a suitable person as
weigher of grain, with authority to keep at the First WardzMarket
a platform scale of a capacity not less than four thousand pounds,
to be used as a public scale for weighing any grain brought to mar-
ket, when the owners shall desire the same to be weighed thereon.
The weigher shall attend during market hours, and weigh any
grain offered to be weighed on said scale, and shall receive therefor,.
from the owners or person offering such grain to be weighed the
sum of ten cents for each draught. The sealer of weights and
measures shall examine and regulate such scale, when requested by
the weigher, without charge, and any person who shall wilfully in-
jure such scale, or shall, with intent to defraud, change or alter any
part of the same, or any of the weights belonging thereto, shall be
subject to a fine of not less than twenty dollars, with costs of prose-
cution.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: WM. MCLENAN, Recorder.
62
AN ORDINANCE regulating the use of Public Scales.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That there shall be appointed by the city council, as
soon as practicable after the annual election in each year, weighers
of hay for said city, who shall have the charge of the public hay
scales in said city, and who shall be qualified according to law, and
give bond, and who shall hold their office until their successors are
appointed and qualified.
SEc. 2. That any person selling or offering to sell within the
limits of the city, any hay to be consumed therein, shall cause the
same to be weighed, and obtain a certificate of the weight thereof
from the weigher.
SEc. 3.. No person who shall have had any hay weighed as
aforesaid, shall diminish the weight thereof, or in any way falsify
the certificate of the weigher, or shall suffer the same to be done
with intent to deceive.
SEc. 4. That it shall be the duty of each weigher, either by
himself or some deputy by him appointed, for whose acts he shall
be responsible, to be in readiness at all times at some convenient
place to be by him designated, to attend to the business of weigh.
i ing hay, as provided in this ordinance. And he shall keep the
public hay scales in good order and repair, and shall cause the an.
curacy thereof to be tested from time to time, whenever the city
council may require, or whenever the same may have become in•
accurate from any cause.
SEc. 5. That the said weigher shall attend to the weighing of
hay, cattle, hogs, or whatever else may be offered to be weighed on
said scales, and shall be entitled to receive from the person prom
ring the same to be weighed, the sum of ten cents for each draught,
and shall not knowingly give any false certificate of such weighing;
They shall keep accurate accounts of all articles weighed on said
scales; the number of draughts and the fees therefor received, and
shall, once in every month render an account thereof to the city
council, and at the time of such accounting pay to the city treasu•
rer, all money received for weighing on said scales, not previously
accounted for.
SEc. 6. That the market master of the central market shall,
at any time during market hours, attend if required, to weighing
upon the platform scale provided for use at said market, any m
t
poultry, or other article of provisions, or any article usually sold by
weight in said market.
63
SEc. 7. All persons are hereby prohibited from, charging or
receiving any fee or reward for weighing any of the articles, the
weighing of which is provided for in the foregoing section, except
that the market master for weighing as therein provided, shall be
entitled to receive from the owner of the articles weighed, the sum
of ten cents for each draft.
SEc. 8, The market master shall, at the close of the months of
March, .Tune, September and December, in each year, report to the
council, stating the amount of money received by him under this
ordinance, during the three months immediately preceding, and
shall pay into the treasury the amount so reeeived.
SEc. 9. Any person wilfully disregarding or violating this ordi-
nance, or any part of the same, shall be subject to a penalty of not
less than one, or more than five dollars for each offence.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest : Wm. McLENAN, Recorder.
AN ORDINANCE regulating Licenses.
Be it ordained by the City Council of the; City of Dubuque:
SEc. 1. That no person shall sell any goods, wares or merchan-
dise, horses or other animals, or any other property, at public auc-
tion, unless duly authorized by an Auctioneer's license ; Frovided,
That the foregoing prohibition shall not apply to sales made by any
sheriff, constable, marshal, or other officer, by virtue of legal process;
SEc. 2. That no person shall keep horses, or carriages, to be let
for pay, unless duly authorized by license to keep a livery stable.
SEc. 3. That no person shall use any carriage, hack, cab, or oth-
er vehicle, omnibuses excepted, for the purpose of carrying passen-
gers for hire, unless duly authorized by a license for such convey-
ance. No person shall collect or receive for carrying passengers to
or from any place within the limits of the city, more than twenty-
five cents for each passenger, except when such passenger shall' be
carried, at his or her request, on to or from any of the bluffs within
the limits of the city, in which case a sum not exceeding fifty cents
for each passenger may be charged or received.
64
Sc.E4. That no person shall use any dray, wagon, cart or sledsods,
for the purpose of hauling, or carrying for pay or hire, any goods,
wares or merchandise, of any nature or description, unless the use
of such dray, wagon, cart or sled, shall be duly authorized by a li-
cense, and the number of such license shall be placed in a conspic-
uous position upon such vehicle.
SEc. 5. That no pedlar or travelling merchant shall sell or offer
for sale at private retail sale, any goods, wares or merchandise of
any kind or description, not manufactured in the State of Iowa, un-
less duly authorized by a pedlar's license.
SEc. 6. That no person shall open, keep or exhibit, any theatre,
circus, concert or exhibition of any kind, for admission to which a
fee is required, unless duly authorized by a license for such perform-
ance or exhibition ; Provided, Thatfor any sacred concert, or lit-
erary or scientific lecture or exhibition, no license shall be required.
SEc. 7. That no person or persons shall erect, or keep, or permit
to be erected or kept upon his or their premises, any billiard table,
bowling alley, or nine or ten pin alley, for the purpose of allowing
any game to be played on such table or alley, under the -penalty of
one dollar for each day that the same is kept for such purpose.
SEc. 8. That any license to keep a billiard table, or nine or ten
pin alley, shall not authorize the use of any table or alley on Sunday
for the purpose of playing any game thereon, and all such licenses
issued shall contain a provision making such use a forfeiture of such
license.
SEc. 9. Licenses signed by the mayor and attested by the re-
corder, shall be issued to persons who shall apply therefor, and pro
duce the receipt of the city treasurer, for the sum required to be
paid for such license as may be applied for, and shall execute a bond.
when required by ordinance. A license may be issued for any time
not exceeding one year, and all licenses shall expire on or before the
last day of May next succeeding the date thereof. Licenses shall
not be transferable without consent of the city council.
SEc. 10. For licenses for one year there shall be paid the follow
ing named sums, and in the same proportion for a less time ; Pro-
vided, That no license shall be issued for a less sum than five
dollars, and no auction license for less than twenty-five dollars:
For auctioneer's license, fifty dollars;
For livery stable license, twenty-five dolllars;
65
For license for each carriage, hack, cab, dray, wagon, cart, sled,
or other vehicle, five dollars ;
For pedlar's license, seventy-five dollars ;
For billiard table license, twenty-five dollars for each table.
For bowling, nine or ten pin alley license, ten dollars for each
alley.
SEC. 11. For any theatre, circus, concert, or other exhibition,
the sum to be paid for a license shall be fixed by the city council,
or by the mayor and two aldermen, or in the absence of the mayor,
by three aldermen, and shall not be less than five, nor more than
fifty dollars for each week during which such exhibition may be con-
tinued; Provided, That they may remit the payment, if satisfied
that the nett proceeds of any concert or exhibition will be applied
to religious or charitable purposes.
SEc. 12. The penalty for violation of any provision of this ord-
inance for which a penalty is not otherwise provided, shall be not
less than five dollars with costs of prosecution.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Wm. MoLENAN, Recorder.
AN ORDINANCE to tax and regulate Auction Salee.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That no person shall be licensed to act as an auctioneer
in the city of Dubuque, until he shall execute and file with the re-
corder, a bond to the city of Dubuque, with good and sufficient
sureties, residents of said city, in the penal sum of two hundred dol-
lars, conditioned for the faithful compliance with the provisions of
this ordinance, and the prompt payment of all monies herein re-
quired to be paidto said city. No license shall authorize sales by
two or more persons at the same time.
SEc. 2. Every licensed auctioneer shall make and return to the
city treasurer, before the tenth day of each month, a written state-
ment, under oath, of the amount of money received for all goods,
wares or merchandise, sold by him and by any and all persons in his
employ, or acting under his license during the month next preced-
ing, and shall pay into the city treasury at the time of making such
9
66
return, a sum equal to four per cent of the amount so received ;
Provided, That if it shall be shown to the satisfaction of the city
treasurer, that any articles sold at auction have within one year pri.
or to the date of such sale, been included in the regular assessment
of property for taxes, and that atax has been paid upon the same
to the city of Dubuque, such article shall be exempt from the tax
of four per cent imposed by this ordinance. On failure of any auc-
tioneer to make return and payment as herein required before the
tenth day of any month, his or their license shall be suspended until
such return and payment shall be made ; and it is hereby made the
duty of the city treasurer, in case of such failure, to give notice
forthwith to the city marshal, of the suspension of such license, and
the marshal shall see that the first section of this ordinance is en-
forced in the same manner as if no license had been issued to such
auctioneer.
SEc. 3. Any person who shall sell at public auction on the
streets or sidewalks, or in the doorway of any house, so that the
bidders, or bystanders shall encumber or block up any street or
sidewalk of the city, shall be subject to the usual penalty for ob-
structing the streets.
SEC. 4. Nothing contained in section 2 of this ordinance shall
apply to sales made by the authority of any sheriff, constable, mar-
shal or other officer, by virtue of legal process.
Passed January 24, 1861. H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder.
AN ORDINANCE to licence omnibuses, and regulate the charges for conveyance therein.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That on complying with the conditions and reservations
herein stated, Ephraim Ratcliff and his assigns, shall, until the 31st
day of March 1863, have the exclusive privilege of running forhire
omnibuses, with the privilege of running other conveyances where
it is impracticable to run omnibuses, for the purpose of carrying
persons, passengers and travellers,and their baggage upon the streets
of the city, and to and from the hotels, depots, steam boat landings
and railroad stations within the corporate limits of said city.
67
SEC. 2. It shall be the duty of the said Ephraim Rateliff and
his assigns to furnish all necessary and suitable omnibuses and con-
veyances for carrying persons, passengers, and travellers to any
part of the city, to run the same at all reasonable hours and in such
manner and such times as will conveniently accommodate the peo-
ple in the city, and the passengers and travellers, arriving at, and
departing from the city, and also shall, in the performance of said
duties, employ competent, suitable and gentlemanly persons to
drive and have the charge of said omnibuses and conveyances.
SEC. 3. That the said Ephraim Ratcliff and his assigns may
charge and receive the following rates and no more viz : For each
person with his or her ordinary baggage carried to or from any point
in the city, not on the bluffs, twenty-five cents ; For each person
with his or her ordinary baggage carried to or from any point on the
bluffs, fifty cents, and for each person who is over six but under twelve
years of age, half of the above rates may be charged and received.
SEc. 4. That the council may direct and require an omnibus or
other conveyance to be run regularly by Ephraim Ratcliff or his
assigns on any of the streets in said city, and fix rates for the same
whenever the convenience of the public will be promoted thereby,
and the council shall also have the power to regulate and alter any
of the rates of charges herein allowed whenever the said council
may deem it consistent to do so.
SEc. 5. That in case of failure on the part of the said Ephraim
Rateliff or his assigns to perform the conditions and stipulations
herein required, the council may, on such failure being made clear-
ly to appear, repeal this ordinance at any time before the 31st day
of March 1863.
Passed January 24, 1861.
Attest: WM. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE for the regulation of the Dubuque and Dunleith Ferry.
WHEREAS: By a contract made and entered into on the loth day of November, in the year 1856,
by and between the city of Dubuque, of the first part, and Charles Gregoire and others, of the second
part, the said Charles Gregoire and others are licensed and allowed to keep and maintain a ferry, to
ran from said city of Dubuque to the Illinois shore at Dunleith. And in the said contract the right
to fia the rates of ferriage at said ferry is retained by the said city of Dubuque. Therefore,
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the said boat or boats shall leave the regular land-
68
ing,ty
owhich shall be at euch of places as may be assengers and freightred by the to Dunleith,as
council, for conveyance Pll often as once in every thirty minutes, from sun etiti the 1 s our
after sunset of each day from the 1st day of April,
of November, in each year; Provided, That they shall not be re-
quired to leave more than once within the hour from 12 to 1 o'clock
of each day. On, and after the lst day of November of each year,
till the 1st day of April of the ensuing year, the said boat or boats
shall leave the said landing for the purpose aforesaid, once in every
r
set of each day.
boat
hour boats
s sunrise leave as hereone in provur ided,lunless prevented by Said
by
or boats shall
accident, or the dangers of navigation.
ue to
SEc. 2. on he boatsng of said ferry, thechargesfreight
shall beasbfoll follows:
Dunleith
10 cents.
Each foot passenger, .......•••.•"' "
Man and horse, ........................ 20 44
15
Each led horse,........... • • • • • " .... 20 0
Wagon, loaded, two horses and driver,.... 10 "
Wagon, unloaded, .............•'". 44
Dray, loaded, one horse and driver,...... 420 44
Dray, unloaded • • • • • • ""
Buggy or wagon, one horse and driver,.:. 30
Buggy,
two horses and driver, ........... 50 "
Hack, two horses and driver,........... 60 44
Gig or sulky, one horse and driver,...... 30
Hack or stage, four horses and driver,.... 100 "
Each additional horse in teams,........ .
Mule and ox team, same as horse,
Cattle, over 20 head, per head, ......••.• 8
0
Cattle, 20 head or less, per head,1
Sheep or hogs, per head, ..............0
Each barrel of flour, not in vehicle,5
Freight, under 500 lbs., per 100 lbs,
Freight, 500 lbs., or more, per 100 lbs.,4
is orl
SE3. The owners nin n essthan threeconspicuous placesferry shl cause copies of each
Hancee to be poste
of the said steamboats used for the conveyance of passengers an
freight as aforesaid, to remain whenever said boats may be in use;
and shall also cause a list of the rates of ferriage as herein estab
64
"
44
44
44
69
lished, painted in letters and figures not less than one inch in length
on a sign, to be placed in a conspicuous position, at or near the en-
trance to the wharf boat of said ferry.
SEC. 4. That at such times as it may be impracticable for steam
ferry boats to cross between Dubuque and Dunleith on account of
ice, but the river may be crossed with boats or skiffs, the proprie-
tors of said ferry shall provide a sufficient number of good boats or
skiffs, with able and competent men, to manage the same, to con-
vey across the river or such part thereof as may be navigable,
without unnecessary delay, all passengers who may desire to cross
at any hour of the day between sunrise and sunset, and for convey-
ance of each passenger with baggage not exceeding seventy-five
pounds in weight, the charge shall not exceed twenty-five cents.
SEC. 5. For each and every violation of this ordinance, the pro-
prietors of said ferry shall be subject to a fine of not less than five
nor more than twenty dollars with costs of prosecution.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Wu. MCLENAN, Recorder.
AN ORDINANCE to regulate Ferries.
Be it ordained by the City Council of the City of Dubuque
SEC. 1. That any person who shall establish and maintain a
ferry for the conveyance of freight or passengers from any point
within the limits of the city of Dubuque to the opposite bank of
the Mississippi River, or shall use any boat or boats of any kind or
description for ferry purposes, within said limits, without being duly
authorized by a license from the city council, shall be subject to a
fine of not less than thirty dollars, with costs of prosecution, for
each trip made by such ferry boat.
SEC. 2. That any person who shall act as agent for the owner of
any boat or barge of any description used for ferry purposes, in
violation of the preceding section, or who shall receive Tor the pur-
pose of transportation from any point within the limits of the city
Of Dubuque to the opposite bank of the Mississippi River, upon any
70
boat or barge not duly of any licensed
boat,
shall be the said city, any freight description whatever,
sub-
ject to a fine of not less than ten dollars for each offence, with costs
of prosecution.
Passed November 1, 1860.
H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder.
AN ORDINANCE to establish and regulate the Fire Department.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. The fire department of the city shall consist of a chief
engineer and one assistant engineer, or more, as the city council
may determine, with as many firemen as the number of engines
andthe number and quantity of other fire apparatus belonging to the
city may from time to time require, not exceeding seventy-five men
to each engine company, or thirty men for each hose, hook and
ladder or bucket company, including officers.
SEC. 2. The whole fire department of this city shall be under
the command of the chief engineer. It shall be his duty to exer•
vise a constant supervision over the fire department. He shall have
the general charge of the property of the city connected with the
fire department, and shall see that the same is always kept in good
repair and ready for immediate use. He shall order and procure
such repairs to be made upon the engines or other fire apparatus,
as may be necessary, but shall not incur at any one time an expen•
diture exceeding twenty-fivedollars, without first obtaining direc-
tions from the city council. He shall have charge of all the public
cisterns, and shall see that the same are at all times supplied with
water and in proper condition for use. He shall attend at all fires
which may occur in the city, and all orders given by him to any
assistant engineer, company, or fireman, shall be promptly obeyed
It shall be his special duty to see that the provisions of this ordi•
nance are strictly enforced and obeyed. The duties requiredby this
ordinance of the chief engineer shall in his absence or inability to
act beperformedby the assistant engineer, highest in rank, present.
He shall make report annually, in the month of March, to the city
71
council of the property of the city connected with the fire depart-
ment and the condition of the same, and from time to time of such
additions and improvements as he may deem needful to preserve the
efficiency of the department, and such other matters relating thereto
as may require the action of the council. He shall certify to all
bills presented to the council for expense incurred by his order or
consent. He shall make return to the city council at their first meet-
ing in the month of October, in each year, of the names of all
officers and members of companies belonging the department, with
the date of admission of such as have become members within the
year preceding. He shall receive for his services such sum as the
city council shall allow, payable from the city treasury.
SEC. 3. It shall be the duty of the assistant engineers to repair
immediately to fires within the city ; to obey all orders while on fire
duty, given to them or to either of them, by the chief engineer ;
and to assist him in the discharge of his duties as far as possible.
In case any assistant engineer shall be guilty of disobedience, dis-
respect, or other improper conduct, it shall he the duty of the chief
engineer to report the same to the city council.
SEc. 4. The chief and assistant engineers shall be elected by
the firemen of the city, at an election to be held on the first Monday
of December in the present year, and of every second year there-
after, at such time and place as the city council shall designate,
when, due notice having been given of said election, a meeting
shall be held for the purpose, at which the chief, or in his absence,
the assistant engineer, shall preside. The election shall be by bal-
lot, and the persons having the greatest number of votes for the
respective offices shall be declared elected. No person shall be
allowed to vote at such election unless he shall be regularly enrolled
as an active member of the fire department of this city. The sec-
retary of each company shall prepare for the use of the judges at
said election, a certified list of the members of said company en-
titled to vote at said election. The inspectors or judges, who shall
consist of one member of each organized fire company, previously
appointed at a meeting of the company held for the purpose, shall
make a return, in writing, to the city council at its next regular
meeting after said election, setting forth the whole number of bal-
lots cast for each office, the name of each person voted for, and the
number of votes given to each person for each different office,
which return shall be certified as correct, signed by the judges and
72
n
by the presiding officerof the meeting. their approval of the persons electedreceipt of said oor
the council shall signify
order a new election, as they may deem proper. No person rejected
by at such election. The officers elected,
ouncil shall
1 receivee ea certificate signed by the mayor and
when approved, sh
recorder, and on receipt thereof shall enter upon the duties of their
respective offices.
SEc. 5. When on duty, the chief engineer and assistant engi-
neers shall each wear a white fire cap, with the name of his office
on the front. No
enf ineer and the be
worn by any other
as i to the sae cor shallengineers shall sev-
erally The chiefg
have power tcomsuch
rc xtinguishing of fires, ndtance from the aforathe
of the city for the suppression
e required. They
preservation of shall have full powerperty exposed to ,to as supprmayess all tumults and
or either of thhem,,
disorder at fires; and the chief engineer, or assistant engineer in
command, shall have power to order any company, fireman, or
other person, away from the neighborhood of said fire. In case
any person shall refuse or neglect to render assistance as above re•
quired, and shall not be excused by the engineer in command, or
ief or an
shall refusen to obey any eer or if suchr lawful command fireman or her person shae l refuse or
neglect
engineer,
reman or
other p ro n inr when ordered so to do as aforesaid, the either case so offending shall for each offence forfeit
other person
and a fine not exceeding twenty or less llars.
The fire department shall continue aas at pr sent organ.
SE.. 6.
d ladder or bucket
eonswith such additionl from time toltime be needed nes, hose, hook abut no fire company
companies as may
shall hereafter be established except by authority of the city coon•
ail, and subject to om anll the yrovisions of this ordinance.
in the fire d partment shall be underthe
SEc. 7. Each c p Y
cted
immediate command a d company from their f a foreman and other officers
number.le The
by the members of
foreman of such company shall have the e special
aarge of the
h
property of the city to which his company may
shall be his duty to see ehantc ardefe°tor want oerty is f repair therein, oerly taken care f
and to report any deficiency,
soon as known to him, to the chief engineer. Each foreman an
the company under his command, unless excused or otherwise di
ai
elated, shall proceed as soon as ethe city,witeand shall engines
pra
apparatus, to every fire that shallinoccur
73
coed, under such directions as may be given by the chief engineer,
or either of the assistant engineers, to locate their engine and ap-
paratus and do all that may be necessary towards extinguishing the
fire and the preservation of property exposed to fire, and shall not
remove therefrom without permission of an engineer if any be pres-
ent, and on such permission they shall return their engines and fire
apparatus to their respective places of deposit. If any company
shall, without permission, leave any fire with their engine or fire
apparatus, or shall neglect to return the same as aforesaid, the chief
engineer shall report said company to the city council, who shall
take such action as they may deem proper. No person shall be
admitted as a member of any company belonging to the fire depart-
ment who is not of the age of nineteen years or more.
SEc. 8. No engine or other property belonging to the city, con-
nected with the fire department, shall be taken out of the city, un-
less under such regulations as the chief engineer may from time to
time establish, nor shall more than two fire engines leave the city
at any one time. No engine or other fire apparatus shall be ap-
plied to private uses, or be taken from the house where it is usual-
ly kept, except in case of an alarm of fire, or for practice, without
permission of the chief engineer, or of an assistant, if the chief is
absent from the city.
SEC. 9. No fire engine, hook and ladder truck, or hose or bucket
cart, shall, in going to or returning from any fire, or at any other
time, be run or drawn upon any sidewalk, except by the special or-
der of the chief, or an assistant engineer, under a penalty of five
dollars for each offence, to be forfeited and paid by each and every
person adjudged guilty of aiding or assisting in such offence.
SEc. 10. No cards, dice, or other articles used for gaming, shall
be brought into or suffered to remain in any building used as an
engine house, nor shall any spirituous liquors be used therein, and
no such building shall be opened on Sunday, except in case of an
alarm of fire.
SEc. 11. Any person who shall be convicted of insulting, men-
acing, or wantonly interfering with any engineer or fireman, while
on duty, or shall without authority give any order to any engineer
or fireman, while on duty, shall for each offence forfeit and pay a
fine of not less than five dollars.
SEc. 12. There shall be paid to each fire company, in quarterly
payments, in each year, for keeping clean their engines, fire appar-
10
74
atns and houses, and for other expenses, except repairs, such sum
as the city council may from time to time determine.
SEC. 13. No person shall open or leave uncovered any of the
public cisterns, or take any water therefrom, except for the purpose
of extinguishing fires or washing fire apparatus under a penalty not
exceeding ten dollars for each offence.
Ste. 14. The fire engines, hook and ladder trucks, hose carts,
hose, buckets, hooks and ladders, and other fire apparatus, and the
the houses and lands used therefor, are and shall be subject to con.
trol and direction of the city council, aand ri ohing hexein er impair is
anyd
shall divest the city of its property,
right at any time to take possession of the same, or any portion
thereof.
Passed January 24, 1861.
Attest ; WM. MILE AN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to prevent Fires.
Be it ordained by the City Council of the City of Dubuque,
Ste. 1. That no person shall pass any stove pipe, or flue, through
any roof, partition or side of any house in the city of Dubuque, TM,
less it is sufficiently surrounded by brick, stone, or other incombus•
tible substance, so as to be at least three inches removed from Hi
wood or combustible, and all chimneys and stove pipes, shall in all
cases extend at least two and a half feet beyond the roof or side d
the house through which it passes, but no pipe shall project into
any street.
SEc o other combustiblesmat materhall set ials,toe inany street or lot nlsaid
straw,
city, within twenty feet of any building.
SEC. 3. That no person shall stack more than one ton of halt
straw in any lot in said city within one hundred feet of any -build ofing, and any person violating any of the foregoing provisions
this ordinance shall forfeit and pay any sum not less than five di
lars for each offence, before any court having jurisdiction, 0
costs.
75
SEc. 4. That no person shall use any building for trying, or for
rendering lard or grease, or boiling oil or varnish, if such building
shall stand within one hundred feet of any other building, unless
such buildings are secured from fire by a brick, stone or ground
floor, and no wood work within ten feet of the fires, unless it be
the ceiling over head, and in case it shall come within ten feet, it
shall be covered with iron, zinc, or tin, and any person who shall
violate the provisions of this section shall forfeit and pay any sum.
not less than twenty dollars for each day's continuance of the use
of such building for the purposes aforesaid, to be recovered before
any court having jurisdiction, with costs.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: WM. MCLENAN, Recorder.
AN ORDINANCE to provide for the Levy and Collection of Taxes.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That for the purpose of defraying the current expenses
of the city there shall be levied by the city council in each year,
upon all taxable property in the city, both real and personal, such
tax as the council may, by resolution, determine. If it shall be
necessary to levy a tax for the purpose of paying the debts of the
city, the amount shall be specified in the resolution which shall also
fix the amounts to be paid in cash and in scrip. The amount of
tax levied for such purposes shall not exceed in any year the sum.
of one per cent. upon the assessed value of the taxable property in
the city, for the year in which such tax may be levied.
SEC. 2. That the city assessor shall in each year make out in a
book provided by the city for the purpose, a list of all the real estate
and personal property, subject to taxation in the city, together with
an assessment of the value thereof, and shall return the same to the
City recorder, on or before the first day of August in each year.
Said list shall set forth in numerical order, all lots or divisions of
ground in the city, under the appropriate heads, of city lots, addi-
tions, or mineral lots, and shall fix a value on each lot, or part of a
lot which may be divided between two or more owners, with the
76
improvements thereon. He shall place in said list against the
number of each lot, the name of the owner, when known. Said
list shall also set forth, in alphabetical order, the names of all per-
sons having personal property subject to taxation by the city, and
shall express the amount of such personal property by its value in
cash, under separate heads, as required in the assessment for state
and county purposes. Any improvements on real estate made prior
to the first day of August of any year shall be assessed in such year,
and any personal property subject to taxation, found in the city
prior to said month of August, shall be included in the assessment
of such year. The assessor shall return with said list, a statement
of the total amount of real and personal property assessed. If the
Collector shall discover, after the return of the assessment, any
property subject to taxation as herein provided, and which shall
have been omitted from the assessment, he shall assess the same
and make an entry thereof in the tax -book for the year, and if real
estate, in the tax -book of any year from which the same may have
been omitted. In assessing property the assessor shall conform as
near as may be consistent with the provisions of this ordinance, to
the laws of the State of Iowa in relation to revenue. If any asses.
sor shall fail or neglect to return the assessment book completed,
at the time herein required, he shall be liable to a penalty of five
dollars for each and every day that, the same shall be delayed after
such time, which penalty shall be deducted from any compensation
allowed him for making the assessment.
SEC. 3. The recorder shall, upon receipt of the assessment book,
give notice in two of the newspapers of the city having the largest
circulation, that the said
book
inspection
meeting ofttbe
payers, and will continue open till the first regular
city council in September, when any person feeling aggrieved by
the assessment of his or her real estate or personal property, may
appeal to the Council for correction: Provided, That if the asses
sor should not return the assessment lotiaok t textend trequired me
this ordinance, the council may, by
appeals until the expiration of one month from the date of such
SEo. 4. The council shall, at its first regular meeting in Septeno
return.
ber, appoint a committee on assessments, consisting of one alder
man from each ward, to whom all appeals from the assessment
shall be referred, who shall hear and decide upon all such appeals,
and shall also equalize the assessment, if in their judgment it sbd
77
require revision, and shall report their proceedings to the council
at the first regular meeting in October.
SEC. 5 That the recorder shall make such corrections in the
assessment as may be determined by the council and shall proceed
forthwith to transcribe the same if necessary, and to carry out in
separate columns the different taxes levied by the council, with the
total tax of each person, firm or corporation. He shall complete
and deliver the taxbook to the city collector, on or before the first
day of December, taking duplicate receipts therefor, one of which
he shall deposit with the auditor, and for each day that he shall retain
the said book after the first day of December, he shall forfeit and pay
for the use of the city the sum of fivedollars, which shall be de-
ducted from his salary.
SEC. 6. The collector shall, upon the receipt of the tax -book,
give notice in the papers of the city, continued for one month, that
he is prepared to receive the taxes, and that all persons paying their
taxes before the first day of January next following the levy of such
tax, will be entitled to a reduction of ten per cent. upon the amount
of their taxes; and all taxes unpaid on such first day of January
shall be delinquent, and shall be subject to the penalty hereinafter
provided. The collector shall continue to receive taxes after they
have become delinquent until collected by distress and sale; but if
they are not paid before the first day of February he shall collect
as a penalty for non-payment, from each tax -payer or delinquent,
one per cent. of the amount of his tax additional, and if not paid
before the first day of March he shall collect another one per cent.
additional, and the same for each full month during which such
taxes shall remain unpaid.
SEC. 7. No demand of taxes shall be necessary, but all taxes
not paid before the first day of July in each year the collector shall
proceed to collect by levy and seizure of personal property liable
to taxation, if any can be found, belonging to the persons owing
such taxes, and sell the same at public sale, after giving ten days
notice in writing, by posting such notice in three public places in
the city, one of which shall be the Post Office. He shall receive
incase of such seizure and sale, the same fees as are allowed by law
to the county treasurer for like services. Any surplus remaining
above the taxes, charges of keeping and fees of sale, shall be re-
turned to the owner.
Sze. 8. The collector shall, as soon as may be, after the first
day of September in each year, offer at public sale at the City Hall
78
all real estate upon which taxes are due and remaining unpaid, and
the sale shall be made for and in payment of the total amount of
taxes, penalties, interest and costs due and unpaid on such real
property. The collector is required to give notice of the sale by
publishing an advertisement thereof in the official paper of the city,
once a week for four weeks prior to the day of sale. Such adver-
tisement shall state the time and place of sale, and contain a de-
scription of the several parcels of property to be sold, as the same
are recorded in the tax -book, the amount of taxes on each tract of
land, with penalty, interest and costs, the year in which such taxes
were levied, and the names of the owners, when known, or the per-
sons, if any, to whom taxed. He shall also charge and collect in
addition the sum of ten cents for each lot or tract of land adver-
tisedfor sale.
SEC. 9. The sale shall take place between the hours of nine
o'clock in the forenoon and five o'clock in the afternoon, and may
be adjourned from day to day, Sundays excepted, until all such real
estate is sold, or as long as there are bidders. The sale shall in-
clude all property upon which taxes of any former year remain de-
linquent, but no advertisement shall be required of land offered for
sale a second time for the same tax.
SEc. 10. The collector shall proceed at the time and place and
on the day specified in such advertisement, to sell separately each
lot or parcel of real property advertised for sale. The person who
offers to pay the amount of taxes due on any parcel of land for the
smallest portion of the same is to be considered the purchaser, and
he shall designate the portion of the lot for which he offers to pay
the amount due on the whole, as soon as the bidding on such lot is
concluded. The collector shall make out, sign and deliver to the
purchaser of any real estate sold for taxes as aforesaid, a certificate
of purchase, describing the property on which the taxes and costs
were paid by the purchaser, as the same was described in the record
of sales, and also how much and what part of each lot or tract was
sold, and stating the amount of each kind of taxes, with interest
and costs, for which each tract or lot was sold, and that payment
had been thereof. If any person shall become the purchaser of
more than one parcel of property he may havet he whole included
in one certificate. Payment shall be made at the time of sale, and
on failure of payment at such time the land or lot shall again be of
fered for sale.
79
SEc. 11. The collector shall make a record of all sales in a book
to be kept by him for that purpose, describing the several parcels
of property on which the taxes and costs were paid by the pur-
chaser as described in the tax book, stating in separate columns the
amount of each kind of tax with interest and costs for each lot, how
much and what part of such lot was sold, to whom sold and date
of sale.
SEC. 12. All taxes due and unpaid on the first day of Septem-
ber in any year, shall be increased by the same penalty and rate of
interest, and all real estate sold for taxes shall be entitled to the
same right of redemption as provided by law in relation to prop-
erty sold for state and county taxes at the time of sale. Payment
of the amount required for such redemption shall be made to the
collector then in office, who, if satisfied that the party offering such
payment has a right to redeem the property, shall issue to such
party a certificate of redemption, setting forth the facts of the sale
substantially as contained in the certificate of sale, the date of re-
demption, the amount paid, and by whom paid and received, and
he shall make the proper entries in the book of sales in his office.
He shall report such redemption to the city council at their next
regular meeting thereafter, and they shall order the amount re-
ceived to be paid to the holder of the certificate of sale, whenever
the same shall be presented for such payment.
SEC. 13. Immediately after the expiration of three year from
the date of the sale of any land for taxes, the collector then in office
shall make a deed for each lot or tract of land sold and remaining
unredeemed, and deliver the same to the purchaser upon the re-
turn of the certificate of sale. Any number of lots purchased by
one person maybe included in one deed if desired by the purchaser.
The deeds shall be executed substantially in the form required for
deeds from the county treasurer to purchasers of land sold for taxes.
For each deed to an individual purchaser he shall pay into the
treasury the sum of one dollar, and fifty cents additional for each
lot of land more than one, included in the same deed. The deed
shall be signed by the collector in his official capacity, and
acknowledged by him before some officer authorized to take ac-
knowledgments of deeds.
SEC. 14. If at any time the collector shall be informed of the
intention of any person to dispose of personal property upon
which taxes are delinquent, and shall have good reason to believe
that such disposal of property will prevent the collection of taxes,
80
he shall forthwith proceed to collect such taxes by distress and sale
of the said property, or so much thereof as may be required to pro-
duce the amount of such tax. Any surplus remaining above the
taxes, charges of keeping and costs of sale, shall be returned to the
owner. Any and all taxes of whatever nature or description, due
and unpaid, shall be held to offset any claim against the city from
the person or persons who may be legally liable for the payment
of such taxes. Whenever any payment from the city treasury shall
be ordered by the council, it shall be the duty of the recorder to
ascertain from the collector before drawing the orders for such
payment, whether any taxes shall be due an n aid from the per-
son or persons to whom such payment is to Te made,ra h d iforany
s
such taxes be shown upon the books of the collector,
or so much thereof as will be sufficient to pay such taxes, shall be
delivered to the city collector, who shall receipt for the same to
the auditor, and shall also receipt to the person owing such taxes
for the amount of taxes so paid. No transfer of any claim against
the city shall be held to authorize the recorder to draw such or-
ders in favor of any other person than the original holder of the
claim, unless such transfer shall have been effected before the taxes
became due.
SEC. 15. Any person who shall, by force, resist or impede the
collector in discharging the duties of his office, shall, upon conic.
tion of such offence, forfeit and pay for the use of the city a fine of
not less than ten dollars, or be imprisoned not less than thirty
days.
SEC. 4. The collector shall preserve in his office, in a book to
be kept for the purpose, copies of all notices of sale of personal
property sold for taxes, and also a copy of each number of the offi-
cial paper in which the sale of real estate for taxes shall be adver-
tised. He shall keep true and correct accounts of all sales, with
amount of taxes, penalties, interest and costs, monies received and
by whom paid, date of payment of taxes, amounts paid in cash or
in scrip, and of all transactions in his official capacity as collector
of the city.
SEC. 17. All unpaid taxes, which have become delinquent pre-
vious to the passage of this ordinance, shall be collected in the
manner herein provided, but if such taxes shall be p aid before the
first day of October, A. D. 1860, the penalties provided in sections
6
and 12 ofthis
therate of tenper cent per annumfrom the time
tat ordinance
ll not be exacted,
t
interest shall
be collected
81
such taxes became delinquent. If not paid prior to the first
day of October, 1860, all such taxes shall be increased by the pen-
alties provided in the sections aforesaid.
SEC. 18. In the collection and receipt of taxes the collector shall
receive in payment thereof, orders drawn upon the treasurer by au-
thority,of the city council, payable out of the respective funds :
Provided, That the amount of tax appropriated to the general and
each of the special funds shall be paid in orders on the fund to
which the tax is appropriated, and that for the special interest tax
only specie or current bank notes shall be received.
SEC. 19. All ordinances or provisions of ordinances inconsistent
with this ordinance are hereby repealed.
Passed. September 6, 1860.
H. L. STOUT, Mayor.
Attest : WM. MCLExAx, Recorder.
AN ORDINANCE to require the filling up and raising of Lots to prevent stagnant water thereon.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the city council may at any time by resolution
order and require any lot or lots in said city subject at any time to
be covered with stagnant water, to be filled up and raised. Such
resolution shall designate the particular lot or lots, and the height
to which the same shall be filled up and raised, and shall also fix a
reasonable time for the completion of the work. Upon the passage
of such resolution, a copy thereof shall be issued by the city re-
corder, and shall be served by the city marshal upon the owner or
owners of any such lot or lots respectively, either personally, or by
leaving the same at his, her or their usual place of residence. In
case of non-resident owners, notice shall be given by publication
in the official paper of the, city for a period of two weeks. And if
any owner or owners of. any lot or lots shall after such notice or
publication, neglect or refuse to fill up and raise such lot or lots as
may be designated in such resolution, within the time required
thereby, the city council may cause the same to be done at the ex-
pense of the city, and assess the cost thereof with the incidental
expenses on the lot or lots respectively, and the city recorder shall
11
li
II
82 ,`
forthwith make out and preparedescriptionnassessment
sent such 1 tof , onm swhich
shall appear the numbers or
owners when known, cost of filling up, and other expenses Inciden-
tal to the work, and shall deliver the same to the city collector for
SEc. 2. That the collector shall forthwith on the receipt of succollection.
assessment roll, give notice by publication in the official paper of
the city, for the term of two weeks, requiring such assessment to
be from the
rst
ifd tu him withinmethirty shall notsbe paid within thecation thereof,
me required,
and such assessment
the collector shall forthwith proceed to advertise and sell such lot
or lots at public auction to the highest bidder for cash, to pay the
assessment thereon, which sale shall be advertised for the same
time and in the same manner and shall be conducted as required
by ordinance for the sale of lands for the non-payment of taxes,
assessed for defraying current expenses of the city, except that the
sale may be had at any proper time designated by the collector,
and the, collector shall on such sale give to the purchaser or pur.
chasers, as the case may be, a like certificate, except that the time
for redemption shall therein be stated at one year from the day of
SEC. 3. That the owner of any lot so sold may at any time
sale.
within one year from the day of sale, redeem such lot by paying
into the city treasury for the use of the purchaser of the same, the
amount by him paid therefor, together with any taxes which such
purchaser may have paid thereon since such sale, with interest at
the rate of ten per cent. per annum. And in the matter of such
sale, with the advertisement, record, certificate, redemption and
deed, the collector shall conform as near as may be consistent with
the provisions of this ordinance to the requirements made by ordi•
nance in case of the sale of property for delinquent taxes.
Passed January 24, 1861. H. L. STOUT, Mayor,
Attest : WM. McLENAN, Recorder.
AN ORDINANCE to prevent the erection of dangerous walls. Dubuque:
Be it ordained by the City Council of the City of
SEC. 1. That no building of brick or stone, three stories e5
83
more in height, shall be erected within the limits of the city of Du-
buque, unless the walls thereof shall be as hereinafter required; the
cellar wall shall be not less than two feet thick and shall be properly
banded by headers extending through three -fourths of the thickness
of the same; the outside walls for the first story shall be at least
twelve inches in thickness; the outside wall of the second story
shall be not less than twelve inches in thickness; the outside wall
of the third story shall, if the building be three stories only in height,
be eight inches, if four stories in height, twelve inches. In build-
ings four stories in height the outside wall for the fourth story shall
be not less than eight inches in thickness.
SEC. 2. That whenever the city engineer or city marshal is
informed or suspects that any building has been constructed, or is
in the process of construction contrary to the provisions of this or-
dinance, it shall be his duty to make examinations thereof, and if
he shall find that the walls thereof are not in compliance with this
ordinance, he shall so notify the builder or owner, and shall report
the facts of the case to the city council with recommendations of
the remedy proper to be pursued in the premises; whereupon the
city council may order the building or walls to be removed or may
direct that the same be made to conform to the requirements of this
ordinance within a specified time, and the owner of such building
or walls shall be liable to a fine of twenty dollars for each day's de-
lay in complying with the order and direction of the city council,
after the expiration of the time fixed by them.
SEc. 3. Any person who shall obstruct the city engineer or
marshal in the examination herein required, shall upon conviction
be fined not less than five or more than twenty dollars, for each of-
fence.
Passed January 24, 1861.
Attest: Wm. MCLENAN, Recorder.
H. L. STOUT, Mayor.
AN ORDINANCE to provide fer the establishment of a City Police.
Be it ordained by the City Council of the City of Dubuque :
SEc. 1. That the city council may at any time appoint such num-
ber of policemen or night watchmen as they may deem necessary
84 0
for the purpose of guarding and protecting the peace and quiet of
the city and the lives and property of its inhabitants, to be under
the control of the city marshal, subject to the orders of the council.
SEc. 2. All police officers or watchmen must be citizens of the
United States and of the State of Iowa, and actual residents of the
city of Dubuque, and shall be capable of speaking the English lan-
guage, and not interested or engaged in keeep hall hold their office
any tavern, saloon,
coffee house, ten -pin alley or beer shop,
and during the will and pleasure of the city council.
SEc. 3. All police officers or watchmen shall, beforeentering
upon the discharge of their duties, take and subscribe the usual
oath of office. By their appointment and oath they shall be duly
constituted peace officers within the city limits, and it shall be their
duty to see that the lives and property of the inhabitants of the city
are carefully watched over and guarded, and to prevent as far as
may be in their power, the commission of any offence against per.
sons or property. For these purposes they are hereby invested
with authority, and it shall be their duty to arrest
with
they
oitr
without
warrant, and to imprison for the time being, untilY can be
brought before the proper court for examination or trial, all per.
sons who shall be guilty of any violations of the laws of the State
SEc. 4. Any policeman or watchman who shall be found asleepor city.
While he should be on duty, or intoxicated, or absent from his beat,
or guilty of any deriliction of duty, or of improper conduct, shallbe
complained of to the mayor by the marshal immediately on such
facts coming to his knowledge. The mayor may at his discretion
suspend from duty such policeman or watchman until the next suc-
ceeding session of the council, when the marshal shall make report
to them of all the facts in the case.
SEc. 5. Any person who shall have committed a breach of the
peace, a felony or a misdemeanor may be pursued wherever he
may go, and if he take refuge in any house, enclosure or lot other
place, the policeman, after stating his office and object may, p
mission to enter be not given, break open the doors or windows,
enter the house and arrest the offender.
SEc. 6. That all persons arrested by any officer of the city, and
whom it may be necessary to imprison to await trial, shall nbe con.
own
fined inthe city
patsan at the east end of the City other place which may be provided by the
the calaboos , Y
city council for the purpose.
85
SEc. 7. That any person who shall rescue or take from the cus-
tody of any officer of the city, or prevent the arrest of any person,
or in any manner resist, oppose, impede or obstruct any policeman
or watchman in the discharge of his duty, shall upon conviction be
fined not less than five dollars nor more than twenty dollars.
SEc. 8. That any policeman or watchman who is resisted in
making an arrest, or .from whom a rescue is attempted, or who is
forcibly resisted in the lawful discharge of his duty, may require
the aid. of any citizen present, and if such citizen shall refuse or
neglect to render the aid required, he shall upon conviction be sub-
ject to a fine of not less than one dollar or more than five dollars.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder.
AN ORDINANCE for the protection of the Public Pears.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That any person who shall be found loitering about the
streets of the city, without any legal occupation or means of sup-,
port, or who shall occupy for lodging or any other purpose any barn,
shed, shop, vessel or place not kept for that purpose, without per-
mission of the owner or person entitled to possession thereof, shall
be deemed a vagrant, and shall be punished by a fine of not less
than five dollars or more than twenty dollars, or by imprisonment
inthe county jail for a term not exceeding thirty days.
SEc. 2. That any person who shall be found in any street, alley,
or public square, intoxicated with liquor, or shall wilfully and ,ma-
liciously disturb the peace or quiet of the city by making loud or
unusual noises or by tumultuous threatening, or offensive carriage,
by fighting, or threatening to fight, or in any other manner, shall be
fined not less than five dollars or be imprisoned in the county jail
not exceeding thirty days.
SEc. 3. Any person who shall be guilty of keeping, or shall be
an inmate of, or in any way connected with, or in any way contribute
to the support of any disorderly house, or house of ill -fame, or place
for the practice of fornication, or knowingly own or be interested
an proprietor or landlord of any such house, shall on conviction be
86
subject to a fine of not less than twenty dollars or to imprisonment
irty days.
in the county jail persor a n who shall rm not or excite, or aid, or abet
SEc. 4. Any p make,
any disturbance in any tavern, store, or grocery, or hall, ay e elect
or public meeting, or in any church, lecture -room,
or
in any other place where citizens are lawfully and peaceably assem-
bled, shall be punished by a fine of not less than five dollars.
SEc. 5. That any person who shall indulge in any indecent or
disorderly conduct, or lewd or lascivious behavior in any street or
other public place of the city, or shall commit any indecent, im-
modest, or filthy act, or exposure, in the presence of any other per-
son, or in such a situation that persons passing or repassing might
ordinarily see the same, ,shhallIl n ten dollars fore each offencen conviction tereof be ed not less
than one dollar, or more
SEc. 6. If any person shall be found by the city marshal, or by
any deputy marshal, watchman, or police officer of the city, vio-
lating any of the provisions of the preceding sections of this ordi-
nance, it shall be the duty
of s officer
to retainf such pehsonliu
or without warrant, any s person
custody, or confined in such place as may be provided by the city
for the purpose, until the proper time for trial and to make report
of such arrest to the city attorney or city marshal.
SEc. 7. Any person who shall wilfully cut, hack, mark, break,
or in any manner injure or deface any sign, awning, tree, fence,
railing, or any other property belonging to the city of Dubuque, or
to any person or corporation, or shall wilfully injure or deface any
school house, church, or other public building, or any private build-
ing, by breaking open the doors, breaking the glass or in any other
manner, shall be fined not less than one dollar or more than twenty
dollars for each offence.
SEc. 8. Any person who shall unnecessarily discharge any fire
arms, or explode any fire crackers, or other fire works, or throw in
any street or alley any squib or other article containing powder or
other explosive material, shall be subject to a fine of not less than
one dollar or more than ten dollars, for each offence ; Provided,
That the city council may by resolution suspend the operation of
the preceding provisions of this section, in whole or in part, °lathe
fourth day of July, or any other day of public rejoicing.
SEc. 9. Any person who shall sell, give, offer for sale, or exhibit,
any indecent, immoral or obscene books, pamphlets, papers or pie-
87
tures shall be fined not less than one dollar or more than ten dollars
for each offence.
SEc. 10. Any person who shall be guilty of indecently exhibit-
ing any stud horse, or shall lead the same through any street to in-
vite the inspection of the public, or shall let any horse to any mare
within that part of the city embraced within the limits of the town
of Dubuque, shall for each offence be subject to a fine of not less
than five or more than twenty dollars, with costs.
SEc. 11. If any person shall inhumanly, unnecessarily, or
cruelly beat, injure or otherwise abuse any dumb animal, he shall
be subject to a fine of not less than one dollar, or more than ten
dollars, for each offence.
SEc. 12. That no person shall keep more than fifty pounds of
gunpowder in any store, warehouse, or other building in the city,
except such building shall be allowed to be used as a powder house,
and approved for such purpose by the city council.
SEC. 13. That all persons who shall keep powder within the city
in quantities of fifty pounds or less, shall keep the same well
secured in metallic cans or cases, and no person shall weigh out or
sell powder after candle -lighting. Any person who shall violate
any provision of this or the next preceding section of this ordinance
shall be fined not less than five dollars for each offence.
SEc. 14. That the keeper of any saloon or place kept for the
purpose of selling liquor, ale, or beer, or of any billiard room or ten-
pin alley, shall not allow any minor to visit or remain in such sa-
loon, billiard room or alley, at any time during the night after nine
o'clock, and no person shall at any time sell or give to any minor,
without the consent of his or her parent, guardian, or employer,
any wine, ale, beer, or liquor of any kind. Any person who shall
offend against any provision of this section shall be subject on con-
viction to a fine of not less than five dollars or more than twenty
dollars, with costs.
SEc. 15. Any person who shall race or drive any horse immod-
erately on any street or alley of the city, or at such a rate as to en-
danger any person walking on or crossing the same, shall be subject
to a fine of not less than five or more than ten dollars, with costs.
Passed January 24, 1861.
WM. MCLENAN, Recorder.
H. L. STOUT, Mayor.
88
AN ORDINANCE to prevent Nuisances:
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That no person shall slaughter any cattle, sheep, calves,
or swine, or erect, construct, alter or use any building for the pur-
pose of slaughtering therein, within that part of the city contained
within the limits of the town of Dubuque. No person shall occupy
or use for slaughtering or for purposes connected therewith any
building not now used for such purpose within the presentlimits of
the city without permission from the city council. Whenever any
building now used or which hereafter may be used for such pur-
poses, shall be deemed by them a nuisance, the city council may restrict the loca-
may
order the removal or disuse of the same,
and
tion of buildings for such use to prescribed
liwmits
o s, orll totally
violate any
ro-
hibit the same within the city. Any person
provision of- this section, or who shall refuse to remove or discon-
tinue the use of any building for the purpose of slaughtering, when
ordered by the city council,
fine of not less than five dollars,
brr
been given, shall be subject to
more than fifty dollars for each offence.
SEc. 2. No person shall cast or leave exposed in any street,
alley, lot, common, or watercourse within the city the carcass of
any animal, or any putrid or unsound meat, fish or other substance,
or make, use, keep, or permit, in his, her, or their dwelling house,
shop, store, factory, out -house, cellar, yard, lot, or any other place
within the city, any noisome or offensive liquid, or substance preju.
dicial to the health of the citizens or an annoyaor othere to the offensir.
ve matter,
hood, or throw any filth, manure, offal, and an persont
into any street, alley, lot or watercourse in the city, Y
who shall violate any provision of this section, or who shall refuse
or neglect to remove, on being duly notified by the city marshal,
any offensive substance made, used, or kept by such person, shall
be subject to a fine of not less than one dollar for each offence, and
for every day that such nuisance shall remain after such notice. ult,
SEC. 3. If any person shall suffer or permit any cellar,
private drain, pool, privy, sewer or grounds, upon any premises
offensive, or
owned or occupied by him, to become nauseous, foul >
injurious to the publorhemalo�h he than twenall ty dole lars foject �each offence,
ne of not
less than one dollar
and to a like fine for every day such nuisance shall continue after
notice to remove or abate the same.
89
SEC. 4. Any owner or occupant of any soap factory, candle fac-
tory, butcher's shop, meat packing house, livery stable or barn, who
shall suffer the same to become nauseous, foul,.or offensive shall be
fined not less thau one dollar or more than twenty dollars for each
offence-
SEc. 5. The mayor or city marshal shall have full authority to
enter into and examine, at any time between sunrise and sunset of
each day, any building or part thereof or any lot or ground, which
they may know or believe to be foul, offensive or prejudicial to the
public health, and they may direct the cleansing of the same and
the removal of all nuisances in and about the premises by the owner
or occupant thereof; and any person who shall resist or obstruct
such officer in his duty, or shall neglect or refuse to remove any
such nuisance when so directed shall be subject to a fine of not less
than five dollars for each offence.
SEc. 6. If at any time it shall become necessary, in consequence
of the neglect or refusal of any person, to remove or abate any
nuisance, that the same shall be removed or abated at the expense
of the city, the cost of such removal or abatement shall be charge-
able to the person who shall cause such nuisance, or permit the
same upon his premises, and shall be collected by suit or otherwise,
with as little delay as possible.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Paz. MCLENAN, Recorder.
AN ORDINANCE to secure the health of the city.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That whenever in the opinion of the city council, it may
be necessary for the purpose of promoting and securing the health
of the city, or of preventing the introduction and spread of conta-
gious, malignant, dangerous or infectious diseases, they may appoint
ahealth officer, who shall be a qualified physician, and shall have
power to take the most efficient measures for the safety of the city,
and to prevent the introduction of such diseases, and the city mar-
12
•
90
shal is hereby required to aid and assist such officer in the discharge
of such duty.
SEC. 2. That if any person having any such disease shall be
brought into the city by any steamboat or other conveyance, the
commander of such boat or person having charge of such convey.
ance shall before landing or leaving such diseased person within
the city, give notice to the mayor or health officer, who may, if he
shall deem it requisite for the health of the city, order that such
diseased person shall be conveyed to the city hospital, and if neces-
sary provide proper attendance and care for the same. And any
person who shall neglect or refuse to give such notice as is herein
required shall be subject to a fine of not less that twenty dollars.
SEc. 3. Any person who shall knowingly introduce or aid or
assist in introducing into the city, the small pox or any contagious,
malignant, dangerous or infectious disease, or shall knowingly and
designedly conceal the knowledge he may have of such disease be.
ing within the city, without forthwith giving notice thereof to the
mayor or health officer, shall on conviction, be subject to a fine of
not less than twenty or more than one hundred dollars.
Passed January 24, 1861. H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder.
AN ORDINANCE to restrain Gaming.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That any person who shall play for money or other val•
uable thing, at any game with cards, dice, checks, or at billiards, or
any other article, or instrument, thing or things whatsoever, which
can or may be used for the purpose of playing or betting upon, or
winning or losing money or any other thing or article of value, and
any person who shall bet on any game others may be playing, shall
upon conviction thereof be fined not less than five dollars or more
than fifty dollars for each offence, with costs of prosecution.
SEc. 2. That any person or persons who shall keep a house or
room for the purpose of gaming therein, or who shall suffer orper•
91
mit other persons to frequent or remain in any house or room kept,
owned, occupied or controlled by him, for the purpose of gaming
therein, shall upon conviction thereof, be fined not less than ten
dollars or more than fifty dollars, for each offence, with costs of
prosecution.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest : WM. MCLENAN, Recorder.
AN ORDINANCE to prevent flogs from running at large.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That any and all hogs and pigs running at large are
hereby declared to be a public nuisance, and it shall be the duty of
the city marshal to procure and establish a pound at such place as
he may select within the city, and to cause to be taken up and se-
cured therein all hogs or pigs of any age or description, which may
be found running at large in any of the streets, alleys, public squares
or landings of the city, and any person who shall in any manner in-
terfere with said pound without authority from the marshal, or
shall injure, open, break or destroy such pound with intent that
hogs confined therein may be rescued or escape, shall be fined not
less than five dollars or more than fifty dollars with costs of prose-
cution.
SEc. 2. That any hogs or pigs taken up and confined in said
pound, and not claimed by the owner thereof within twenty-four
hours, shall be sold at public auction to the highest bidder for cash,
public notice of such sale having been given by written notice
posted in three public places in the city, and the money arising
from such sale shall be paid into the city treasury after deducting
therefrom the marshal's fees, with cost of keeping and sale. If the
owner or owners of any hogs or pigs shall claim the same of the
marshal before the time appointed for sale, and pay the charges of
taking up, keeping and advertising, and shall prove ownership to
the satisfaction of the marshal, such hogs or pigs shall be delivered
to said owner. If within one month after the sale of any hog or
II
92
pig, as herein provided, any person shall prove ownership to the
satisfaction of the marshal, he shall make a certificate of the amount
ury
e
s of such sale,
and
don hpresentation ofm into the 3suchscertificatetto hecrecor.der,he shall
and on presentation
draw an order on the treasury for the amount.
SEc. 3. The city marshal shall be entitled to demand and re-
ceive the sum of twenty-five cents for each hogtaken
en to s said
pound, with a reasonable sum for keeping, and twenty
or
notices of sale, and ten per cent of the proceeds thereof, to be paid
roceeds, and
rt
obyn the owner, each
monthdeducted
to th from
city coup it any proceedings shall
by him
once in each
under this ordinance.
Passed January 24, 1861. H. L. STOUT, Mayor.
Attest: WTI. McLENAN, Recorder.
AN ORDINANCE to license, tax and 'regulate the keeping of Dogs.
Be it ordained by the City Council of the City of Dubuque;
SEc. 1. That any person owning or harboring any dog or bitch
shall procure a license therefor, which shall be issued by the city
recorder, for the term of one year on presentationand of the five Tredollasurer's
is
receipt for the sum of two dollars for each dog,
each bitch owned or harbored by the person making application
for such license. Any person who shall allow any dog or bitch
habitually to remain, and be lodged or fed within his or her house,
barn, store or enclosure, shall be considered as harboring the same
within the meaning of this ordinance.
SEc. 2. If any person shall refuse or neglect to obtain a license
as provided in the preceding section, any dog or bitch owned or
harbored by such person shall be considered a public nuisance, and
it shall be lawful for any person to kill the same. And it shall be
the duty of the city marshal forthwith to cause such dog or bitch
to be killed, and any person who shall hinder or resist the marshal
or any person under his direction, in the duties hereby imposed upon
him, shall forfeit and pay upon conviction thereof a fine of not less
than five dollars, or be imprisoned not exceeding thirty days.
93
SEe. 3. Whenever the city council shall deem it expedient they
may by resolution direct the mayor to issue his proclamation re-
quiring all persons owning or harboring any dog or bitch to confine
the same from running at large for a specified time therein stated,
not exceeding ninety days; and it shall be the duty, upon the pub-
lication of such proclamation, of every person owning or harbor-
ing any dog or bitch, to confine the same in his or her house, out-
house, store or yard, by good and sufficient means, or to cause the
same to be properly muzzled so as to prevent the same from biting
any person or other animal. And any person who shall neglect or
refuse so to do, shall upon conviction thereof forfeit and pay a fine
not less than five nor more than twenty dollars with costs of prose-
cution. And any person may kill any dog or bitch found running
at large not properly muzzled, three days after the issuing of such
proclamation, during the time therein limited.
SEC. 4. Any dog or bitch found running at large at any time,
without a collar or other distinguishing mark by which the owner
may be known, shall be deemed a nuisance and subject to the pro-
visions of section 2 of this ordinance for unlicensed dogs.
Passed January 24, 1861.
Attest: Wm. McLENAN, Recorder.
H, L. STOUT, Mayor.
AN ORDINANCE to 'define the City Cemetery, to protect the same and to define the duties of City
Beaton.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That the lot heretofore purchased for hospital grounds
of T. Davis, Esq., being on the hill, east of Couler creek, and con-
taining ten acres, and the lot immediately north of the same, pur-
chased of L. H. Langworthy, Esq., and containing ten acres, be,
and the same are hereby set aside as a cemetery, for the burial of
the dead, and shall be appropriated to that purpose, and no other
forever, and the lots therein as marked, designated and numbered
on the plat thereof, drawn by the city engineer, shall be and remain
fixed with the streets and passages thereon marked, and may be
sold and conveyed by the city council to purchasers by numbers,
to be used for burial purposes only, on such terms as the city coun-
cil may see fit.
94
SEc. 2. That there shall be appointed a city sexton, whose duty
it shall be to preserve and keep in proper repair the enclosure of
said burial grounds, so as to prevent it being entered by cattle,
horses or swine, and to prevent so frasaytab is oe in r monuments,
power the
injury or destruction of any grave -stones, and also to prevent the
placed or erected in said burying -ground,
defacement of any inscription, or the erasure of the same, or any
memorial thereon, in any manner.
SEc. 3. That all interments of strangers, and of persons buried
at public expense, shall be made in such part of said burial grounds
as shall be designated and set apart for that purpose by the city
council, and it shall be the duty of the city sexton, at the request
of any resident of the city of Dubuque or of the marshal of said
city, to dig or cause to be dug forthwith, a suitable grave of the
proper depth and dimensions, for the interment of the deceased,
and shall superintend the burial of the same.
SEc. 4. That as a compensation for his services, the sexton shall
be entitled to demand and receive the sum of two dollars for every
person so interred by him, and when the interment is made at the
request of the city marshal, such sum shall be paid from the city
treasury, and in all the other cases by the friends or relations of
the deceased, who make the application.
SEC. 5. That all funds arising from the sale of lots in said burial
grounds shall be applied first to pay theexpense
e of
eneloi moneg and
laying out the sane, and to the paymentthe purchase
therefor, and keeping the same in order, and afterwards to the im•
proving and ornamenting the same; and on other objects connected
with the convenient access thereto and to every part of said grounds.
SEc. 6. That any person who shall trespass upon said grounds,
by destroying or injuring the fence or gates enclosing the same, or
any fence or gates enclosing any lot in the same, or by injuring or
defacing any grave, vault, tombstone or any monument therein, or
who shall cut or destroy any ornamental tree or shrub planted or
standing therein, or shall dig any new grave or open any old grave,
for the purpose of burying any corpse, or removing any corpse
buried therein, without the consent of the city sexton, shall forfeit
and pay hundreconviction llars to thcity ence not less of Dubuque,
five nor more
than one
SEC. 7. That the city sexton shall be present at every interment
in the city cemetery, and shall give his personal attention to such
interment, unless prevented by sickness or bodily disability; io
95
which case he shall depute some fit person to perform the duties of
sexton.
SEC. 8. That he shall keep a record of the interments which
may be made in the cemetery, showing the name and the age of
the deceased, (as near as maybe), and the time and cause of death,
and shall make a monthly report thereof to the city council, to be
filed in the office 'of the city recorder.
SEc. 9. That the city sexton shall be required to cause each
grave to be dug to the depth of not less than five feet.
SEC. 10. That should the city sexton neglect or fail to comply
with the provisions and requirements of this ordinance, or should
he demand or receive a greater amount of compensation or fees for
interments than those specified in said ordinance, for every such
offence, he shall, upon conviction thereof, forfeit and pay to the use
of the city a sum not less than ten dollars nor more than one hun-
dred dollars.
SEC. 11. That lots in the city cemetery shall be sold at such
prices as may be fixed by the city council, and any person wishing
to purchase a lot, shall pay into the city treasury the sum designa-
ted as the price of such lot, and shall receive from the city recorder
a deed of such lot, on surrendering the receipt of the treasurer for
the sum so paid. Interments may be made in that part of the cem-
etery designated on the plat thereof as the Potter's Field, or in such
other part as may be designated by the city council for the purpose,
on payment into the city treasury of the sum of one dollar for each
interment. No interment shall be permitted without such payment
except by order of the mayor or city marshal, which may be issued
upon satisfactory evidence thV the deceased has left no effects, and
that no person will become responsible for the expense of; his or
her burial.
Snc. 12. No person or association shall establish and use as a
cemetery or place of burial, any lots or grounds within the limits
of the city, or shall dig or open any grave for the purpose of
burying or removing any corpse at any place within. the limits of
the city, (except such places as have been known and used as cem-
eteries or places of burial, prior to the passage of this ordinance)
without consent first obtained from the city council, under a penalty
of not less than ten, or more than fifty dollars for each grave so
dug or opened.
Passed January 24, 1861.
H. L. STOUT, Mayor.
Attest: Wm. McLrxAN, Recorder.
96
AN ORDINANCE to provide for the prosecution for penalties.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That all prosecutions for penalties by provision of any
ad
re any
ordinance of the f theshall be State lof Iowaocourt
jurisdic-
tion, in the name
for the useof the city of Du-
buque, and all moneys thereon collected shall be paid into the city,
SEc. 2. That all prosecutions under the ordinances of the city,
treasury.
when not otherwise provided, shall be commenced by the city at-
torney, the citylor y andthe
son acting
marshal orattorney
cityattorney shall
by authority of the council,
befully
o
cute and to
llect
lties, and when
co lect authorized toener upon the docket of theocourt fullasatisfact on and
collected to e p
discharge of any order or judgment rendered therefor.
SEc. 3. That all trials for penalties shall be in a summary man.
ner, and the person complained of shall have the right to demand
a trial by jury in all cases. In all cases where a jury is demanded
andthe duty of
the trialbefore a the marshal or any co bethe peace, it shall table of the
such justiceeto issue a venire to
city, commanding him forthwith ummas e on a jur s, y for
s o htrial,
of six citizens of said city, qualified
a jury in such case, free from objection by ei other
par rty,
and
such
h
trial shall be conducted according to law,
such trial is before t‘lAVtcity court,
fthere be no such jurye tried before the tm
1
lar jury in attendance O`Tr 5�0;,court,
, sco xrt, and ihall be summoned by a spe-
cial at the time, then � �Jur y iver.
v. nire as provided in the city c r1 erson shall be convicted
SEc 4. . That in all cases where 1y`.P
of a bre* of any t on be had, may in addition to the fied. of, the court nefim
which him oV may
posed on him Orly, further adjudge such person to be confined
until such fine ora\ty and costs be paid, but in no case to ex-
cthe
eed thirty That any person who shallf county Dubuque.
wilfully and maliciously of•
SEC. 5.
fendn of
against any not otherwision ise provided, shall any ordinance, be be subject tops fine
which a penalty is
of not less than one dollar or more than twenty dollars for each
offence.
Passed January 24, 1861. H. L. STOUT, -buy°"
Attest, Wm. McLENAI , Recorder.
97
AN ORDINANCE to provide for summoning Juries.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That if any person not specially exempt from such service
by law, shall neglect or refuse to serve upon any jury, either for the
assessment of damages occasioned by the opening, altering, widen-
ing or annulling of any street, alley or highway, or in any suit or
cause whatever, wherein the city of Dubuque is a party, when sum-
moned by the marshal or other officer legally authorized, without
rendering a valid and sufficient excuse to said marshal or other of-
ficer, at the time of being so summoned, or shall fail to appear at
the time and place specified, he shall upon conviction thereof before
any court having jurisdiction, be subject to a fine of not less than
five or more than twenty dollars with costs.
SEc. 2. That any person who shall serve as a juror in any cause
arising under the ordinances of the city, when summoned by order
of the city council, shall receive as a compensation therefor, such
sum as the city council upon a return of the time of such service
by the proper officer, shall deem just and reasonable, and shall al-
low for the same.
Passed January 24, 1861.
H. L. STOUT, Mayor
Attest: Wm. McLENAN, Recorder.
AY ORDINANCE to provide for the making of Deeds and Releases by the city of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That whenever it shall be the duty of the city council
to make and execute any deed or release for the conveyance of any
real estate belonging to said city, such deed or release shall be made
inthe name of the city of Dubuque as party of the first part, and
shall be executed by the mayor of said city, or in his absence by
the president pro tem. in his official capacity, and the recorder shall
attest the same by his signature and affix thereto the corporate seal
of said city, and such deed or release may thereupon be
acknowledged by the mayor or president pro tem. executing the
mine, which deed or release so acknowledged and executed shall
13
98
be valid and effectual to convey all rights and release all claims
thereby purporting to be conveyed or released.
SEC. 2. That all contracts made by any committee of the city
council duly appointed and by resolution of such council duly
authorized to make such contracts, shall, when signed by such com-
mittee or a majority thereof, be valid against said city; Provided,
That the contract be first presented to said council and by them
approved.
Passed January 24, 1861.
W1L. MaLkNAN, Recorder.
AN ORDINANCE to provide for lighting the city of Dubuque with Gas.
Be itordained by the City Council of the City of Dubuque:
SEC. 1. That BENAJAH BARKER and HARYEY B. SPELMAN,
their successors, associates and assigns, as individuals, or as a body
corporate, under such name as they may hereafter adopt, be, and
they are hereby authorized to use exclusively for the term of twenty
four years from the date of this ordinance, the streets, lanes,
that alleys
and public grounds, of said city, including any territory
after may be added to the. same,for the purpose of laying down in
said streets, lanes, alleys and public grounds, pipes for conveying
gas, for supplying said city and the inhabitants thereof with gas
light ; Provided, That, said Barker and. Spelman, their associates,
successors and assigns, shall give the street commissioner of said city
of any
s day's e pforthe theaforesaid, and hallet, lane, alley or
not unnecessar•
public ground, fort purposes
ily obstruct the passage of said streets, &c., and shall within a
reasonable time repair such streets, &c., as they may have opened,
to the acceptance of the street commissioner or other proper officer,
e upon the ex
SEc, 2. That the privileges hereingranted
theirrassociates, succes•
press
condition that said Barker and. Sp toes-
sors and assigns, shall by the first day of April, A. D. 1855,
mence within said city,. and complete by the first day of December,
A. D. 1855, works and apparatus for the manufacture of gas,
nt
coal or any other materials of which gas is now or may hereafter
99
be made, and shall lay down at least one mile of leading pipe and
continue thereafter to maintain their works, and extend their lead-
ing pipes through such localities in said city as the consumption of
gas may justify, and shall furnish gas for public and private use in
said city, at rates not exceeding the average prices at which gas is
furnished in other cities, adding difference in cost of material and
expense of manufacture (if any), but such rates not to exceed for gas,
for public lamps, the sum of two dollars and fifty cents ($2 50) per
thousand cubic feet, and for gas for private use not to exceed three
dollars and fifty cents ($3 50) per thousand cubic feet. All lamps,
meters, and fittings to be furnished at the expense of the city for
public lamps; Provided, That if said city council shall at any
period prior to April 1st, 1855, give said Barker and Spelman, their
associates, successors, or assigns, a written guarantee that they will
within twelve months thereafter, furnish a consumption of gas
equal to twelve hundred nightly burners, on a distance in the streets
of said city, not exceeding one mile and a half from said gas works,
then, and in that case, said Barker and Spelman, their associates,
successors or assigns, shall within sixty days after the receipt of
said guarantee commence and within twelve months thereafter com-
plete said gas works and lay down said one mile of leading pipe;
Provided, That any temporary failure on the part of said Barker
and Spelman to perform any of the conditions of this ordinance,
when such failure is occasioned by accidents or untoward events,
shall not work a forfeiture of the privileges hereby conferred, in
case the same shall be repaired within a reasonable time.
SEc. 3. That said Barker and Spelman, their successors, asso-
ciates, or assigns, shall file with the city recorder, a notice of their
acceptance of this ordinance within ninety days from and after its
passage.
Passed September 13th, 1853.
JESSE P. FARLEY, Mayor.
Attest: Wm. H. ROBBINS, Recorder.
AN ORDINANCE to prevent the erection of wooden buildings in the block bounded by Second and
Third streets, and Main and Locust streets.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That it shall be unlawful for any person or persons to
erect .on the block bounded by Second and Third streets, and Main
100
and Locust streets, in the city of Dubuque, any building, or to erect
any
addition wexcept the
aalls thereof shall be composed ehigh,
entirely of brick or stone and
oututer
mortar.
SEc. 2. That any person or persons who shall be found to have
violated the provisions of this ordinance by erecting any building
herein inhibited, shall be notified and directed by the city marshal
by notice in writing to remove the same within one week from the
date of such notice, and upon failure to remove such building
within one week in pursuance of such notice, such person or per-
sons shall pay a fine of twenty dollars, and a like fine of twenty
dollars for each day's delay thereafter.
SEc. 3. That if any building erected in violation of the provis-
ions of this ordinance shall not be removed within three weeks
from the day of service of the notice of the city marshal as afore-
said, then the city marshal shall report the same to the city coun-
cil, who may at their discretion, direct the immediate removal of
such building.
SEc. 4. That any person or persons who shall have subsequent-
ly become by purchase or otherwise the owner or owners of any
building erected in violation of the provisions of this ordinance,
may be notified to remove the same by notice like to that hereinbe-
fore authorized to be given to those erecting such building and
upon failure to remove the same shall be liable to like penalties,
and the building may in like manner be removed by order of the
city council.
Passed March 10th, 1856.
P. QUIGLEY,- Mayor pro tem.
Attest: P. W. CRA.wFORD, Recorder.
AN ORDINANCE to vacate a portion of the Eagle Point Road; so called, lying between Orange and
Jackson streets, in the city of Dubuque.
Be it ordained by the City Council of the City of Dubuque, as
follows:
That so much of the Eagle Point road, so called, as lies between
Orange and Jackson streets, in the city of Dubuque, be and is
hereby vacated.
Passed June 9th, 1856.
DAVID S. WILSON, Mayor,
Attest: P. W. CRAWFORD',Reorder.
101
AN ORDINANCE to adopt and establish the seal of the City Court of the City of Dubuque.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That the seal of the City Court of said city, procured
and prepared by the clerk of said court, upon which is engraved the
words " Dubuque City Court, Iowa," is adopted and is hereby es-
tablished as the seal of said court.
SEc. 2. This ordinance shall take effect from and after its pub-
lication in the Express & Herald.
Passed May 2, 1859.
JOHN HODGDON, Mayor.
Attest: A. D'MOWBRAY, Recorder.
AS ORDINANCE to provide forpaying the expenses of the City Court.
Be it ordained by the City Council of the City of Dubuque :
SEc. 1. That all fees, fines, and forfeitures received in the city
court shall be paid into the city treasury by the clerk of said court,
as often as once in each month.
SEc. 2. That the city treasurer shall keep an account of all
moneys paid into the treasury by the clerk from the receipts of said
court, and shall retain the same in a separate fund, to be known as
the' City Court Fund," from which payments shall be made only
on orders drawn on said fund by order of the city council.
SEC. 3. That at the first regular meeting of the council in each
month, the clerk of the city court shall render an account of the
receipts and expenses of said court, with a statement of the amount
due for such expenses, to whom due, and for what purpose, and if
the same shall be ordered paid by the council, orders shall be drawn
upon the treasurer, payable from the " city court fund ;" Provided,
That at no time shall the aggregate amount of orders drawn upon
said fund, remaining unpaid, exceed the amount of money actually
contained in the fund,
Passed July 7, 1859.
JOHN HODGDON, Mayor.
Attest: A. D'MowBRAY, Recorder.
T
102
AN ORDINANCE to enforce the observance of the Sabbath.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That any person who shall offend against the first sec-
tion of an act of the State of Iowa, entitled " anAct shall be the
abject to
observ-
ante of the Sabbath, passed January19, 1855,
a fine of not less than five dollars for each offence.
SEc. 2. That any person or persons who shall permit in
me of billor'lupon
any premises occupied by him, her or them, any g
ards,
ten -pins, cards, dice, bagatelle, or other game of skill or chance, on
the Sabbath, and any perso�lars for each offencewho shall articiate therein hall he
subject to a fine of not less than five dol
SEc. 3. That no license xh � aonnder any ordinanceor other public amusement on
f the city
shall authorize any show,
the Sabbath, and any person who shall either as proprietor,
keeper
or agent, be engaged in any such show or exhibition,
rswho o shall
take part in any such amusement on that day,
shall to a
fine of not less than five dollars for each offence.
• Passed February 7, 1861.
H. L. STOUT, Mayor.
Attest : WM. McLENAN, Recorder.
AN ORDINANCE to change the name of Julien Avenue to that of Lorimier Avenue.
Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That a certain street in said city which commences at
Bluff street, running west to the city limits, now and heretofore
known and designated as Julien Avenue, shall hereafter be known
and designated as Lorimier Avenue, and its name shall be and is
Changed accordingly.
SEc. 2'All ordinances and parts of ordinances, resolutions, ' passed and conflicting with the provisions of this ordi�
heretofore
nance are hereby repealed.
Passed May 3, 1858.
H. S. HETHERINGTON, Mayor'
Attest: JOHN W. MA.xx, Recorder.
103
AN ORDINANCE to provide for the appointment of a Grain Inspector.
.Be it ordained by the City Council of the City of Dubuque:
SEc. 1. That the city council may whenever they shall deem it
expedient, appoint a suitable person as grain inspector for the city,
who shall hold his office during the pleasure of the council.
SEc. 2. It shall be the duty of said inspector to examine any
lot or lots of grain when requested so to do by the owner thereof
or his agent, and to give to such owner or agent a certificate show-
ing the quality of such grain in conformity with approved stand-
ards of inspection.
SEc. 3. The inspector shall receive for his services the sum of
ten cents for each car load or separate lot or parcel of grain in-
spected by him, to be paid by the owner of such grain or his agent.
SEc. 4. Nothing contained in this ordinance shall subject the
city of Dubuque to any expense, loss,or liability in consequence of
any act of any person who may be appointed to the office of grain
inspector.
Passed February 22, 1861.
H. L. STOUT, Mayor.
Attest: WM. MCLENAN, Recorder.
AN ORDINANCE regulating the sale of Poisonous Articles.
Be it ordained by the City Council of the City of Dubuque:
SEC. 1. That no person shall vend, give or deliver within this
city any deadly poison, knowing the same to be such, without
marking the same inlegible characters, "Poison," under a penalty
of fifty dollars for each offence.
SEc. 2. It shall be the duty of every person keeping for sale any
article known as a deadly poison within this city, to provide and
keep a book in which he shall 'register the date, name of person to
whom delivered, kind and quantity of such article, sold, given or
delivered by him in all cases, excepting it be to or upon the written
prescription of a physician. And in case a person unknown to the
vendor makes application for any such article, he shall before de-
104
riting a
g the sam, pruire the known
to the vendor, to the effecaser to procure in vt that he
statement of someperson
is acquainted with the ed for proper and jnt ustifiable useselieves aonly. article
said
ap-
plied for is designed
book shall be liable to examination and inspection by any police
officer of the city.
Any person violating the provisions of this section shall forfeit
and pay a penalty of fifty dollars for each offence.
Passed November 30, 1857. Mayor, pro tem.
M. MCNAMARA, y ,
Attest: P. W. CRAWFORD, Recorder.
ERRATA.
Page 32—In Sec. 1, line 13, insert after drawn " and by."
Page 42-4-Sec. 1, line 5, insert after street, " continued in the di•
rection of said stree
Page 45—Sec. 1, line 12, for "jury" read "jurors."
Page 48—Sec. 2, line 10, " said" should precede time in linen
Page 49—Sec. 3, line 2, insert after street " or portion of a street."
Page 64—Sec. 7, line 4, insert after alley " unless duly authorized
by a license to keep such table or alley."
Page 74—Sec. 14, line 5, insert after property "therein."
Page 78—Sec. 10, line 15, insert after been "made."
Page 80—Sec. 4, should be Sec. 16.
CORPORATION TAXES.
AN ACT concerning taxes levied by Municipal Authorities.
WHEREAS, by the the charters and other acts granting to muni-
cipal corporations, the right to levy and collect taxes on real estate,
the mode of said collection, the rate of interest, and the effect of
the collector's deed, are various, unequal, and in some cases unjust ;
and whereas it is desirable to remedy such defects, and establish a
uniform principle on the subject, therefore
SECTION 1. Be it enacted by the General Assembly of the State
of Iowa: That from and after the publication of this law, in all
cases of the sale of real estate made by virtue of the laws and or-
dinances of any municipal corporation in this State, the purchaser
shall receive a deed which shall have the same effect as the county
treasurer's deeds under sales made by him, as provided in the Code,
and that the mode there provided for the purpose of making sales
effective, and foreclosing the redemption, shall be pursued by the
holder of said corporation deed; and that no greater rate of inter-
est than twenty-five per cent. per annum shall hereafter be charged
on any such deed or sale.
SEC. 2. This act shall take effect and be in force from the date
of its publication.
Approved March 22, 1858.
MS ACT for the incorporation of cities and towns.
SEc. 109. The charter or act of incorporation of any city or
town in this State may be amended in manner following, to wit :
When one-fourth [of the] qualified voters of said city or town as
14
106
shown by the vote at the charter election immediately previous,
petition the legislative body of said city ortoo n for
the
amendment
Ive body
of the charter or act of incorporation,
h
g
shall immediately propose sections amendatory of said charter or
act of incorporation as petitioned for, and submit them to the qual-
ified voters of said city or town at the first ensuing charter election ;
at least ten days before said election the mayor or chief officer of
said city or town shall issue his proclamation setting forth the na-
ture and character of such amendment, and the said proclamation
shall be immediately published in some newspaper published in
said town and be posted up in some conspicuous place in the office
of said mayor or chief officer, or if there is no such paper, thenby
posting copies of said proclamation in five conspicuous places in
said city or town ; one of which shall be the door of the office of
said mayor or chief officer. On the day specified the said amend.
went shall be submitted to the qualified voters of the corporation
for adoption or rejection, and the form of the ballot shall be " for
the amendment" or " against the amendment."
SEC. 110. If the majority of the votes cast is in favor of said
amendment, the mayor or chief officer shall forthwith issue his
proclamation accordingly; and the said amendment shall thereafter
constitute a part of said charter and be operative on the people.
Sic. 111. The legislative body of said city or town may submit
any amendment to the vote of the people as aforesaid at any special
election; Provided, one half the voters, determined as aforesaid
petition for that purpose, and the proceeding shall be the same as
at the general election.
Approved March 23, 1858.
RESOLUTION.
RESOLVED, That the revised ordinances passed this twenty-fourth
day of January, A. D. 1861, shall be published in pamphlet form, in
accordance with Sec. 8 of the City Charter, together with such or-
dinances now in force as may be designated by the council, for the
purpose.
Adopted January 24th, 1861.
CERTIFICATE.
CITY OF DUBUQUE, RECORDERS OFFICE, t
March 1st, 1861. f
I hereby certify that the ordinances and resolution herein con-
aiued are correct copies from the records in my office.
WM. MCLENAN, Recorder of the City of Dubuque.
TITLES OF ORDINANCES.
PAGE.
_ ___ 37
Attorney, City —to define the duties of ----- Assessor, City —to provide for the election of 34
64
5
Auctions —to tax and regulate----------------------
Auditor, City —to define the duties off_____________________--- 30
Bonds, official —to regulate------------------'--'-""
Bridges, Harbor Improvement —to provide for the protection of 57
97
Buildings, woodento prevent the erection of Cemetery, City —to define and protect 93 93
Council, City —to provide for the meeting of 126
Court, City —to provide for paying the expenses of 1
Deeds —to provide for making 992
Dogs—to license, tax and regulate 192
Eagle Point Road —to vacate a portion of 0
Elections —to regulate 24
Engineer, City —to provide for the appointment and define the duties of 64
Ferry, Dubuque and Dunleith—for the regulation of 69
Ferries —to regulate Fire Department —to establish and regulate 69
7
Fires —to prevent 94
Gaming —to restrain 90
Gas —to provide for lighting the city with
Grades —to regulate the manner of fixing 1433
Grain Inspector —to provide for the appointment of 89
Health —to secure 99
Hogs —to prevent, from running at large Juries —to provide for summoning 1901
Julien Avenue —to change name of 40
Landing, Public —in relation to the -- 60
Licenses —regulating sl
Lots —to require the filling up and raising of Markets —to establish hay, wood, and grain 61 60
to establish and regulate 50
Marshal, City —to define the powers and duties of____________ 38
Nuisances —to prevent
Officers —to provide for the qualification and payment of____________ _______ ____ _ 66
Omnibuses—tolicense and regulate the charges off__________
peace, public —for the protection of the ---' 85
_103
Pece__to P
Penalties —to provide for prosecution for---------------------------- _____
Poisonous provide for the aestablishment of__________________ ____________ '-" - P
Recorder —to define the duties of___________________________________________
881
109
PAGE.
Sabbath —to enforce the observance of the 102
Seal, City —to establish the 25
Seal, City Court —to adopt and establish 101
Scales, public —regulating the use of 62
Sexton, City —to define the duties of 98
Sidewalks —regulating the paving of 49
50
50
47
44
36
57
75
31
82
42
38
Wharfage —to regulate 40
" In relation to
Streets —in relation to
" To provide for paving and macademizing
" To provide for opening, altering or annulling
Street Commieioner—to provide for the appointment
Square, public —to establish and dedicate
Taxes —to provide for the levy and collection of
Treasurer, City —to define the duties of
Walls, dangerous —to prevent the erection of --
Wards—to define the boundaries of
Weights and Measures —to provide for regulating
of
CONTENTS.
PAGE.
Animals —cruelty to, punished 87
Dead, not to be left in the streets 88
Appeal from assessment of property for taxes 76
Assessment —general manner of 75
Special, for improvements - 48-50
" for opening streets 45
Assessor —duties of 75
Election of 34
Attorney —duties of_ 37-38
Auctioneers —license _ 63
65-66
Auditor —duties of 30-31
Awnings —manner of constructing 53
Suspending goods from 53
Ball Alleys —license 64
Billiard Tables —licence 64
Bonds, official —conditions of 27
To be filed with Recorder 28
Boundaries of Wards defined 42
Bridges —protection of 57
Buildings, public —care of 33
Removal of. - 55
Butchers —regulation of 88
Cattle, unruly —not allowed in market 59
Weighing of 62
Cellars —entrance to 52
Auctions —taxing and regulating
110
Cemetery —regulations
PAGE.
94-95
65
Circus —license 32, 47, 48, 50, 77 to 80
Colleetor—duties of S0
Council, City —meetings, time and place of 36, 37, 48-26
Commissioner, street —duties of 65
Concerts —license 101
Court, City —seal of 101
Expenses of 45
Damages —assessments for, in opening streets 97
Deeds —making of 97
For cemetery lots 84-85
Disorderly conduct 85
Houses and assemblies 92
Dogs —license ____ 92
Drays --license 65
Standing in street Drunkenness —punishment for S5
265
Elections --to regulate 34, 35, 44, 45, 47
Engineer, City —appointment and duties of 70 to 72
Engineer, Chief —of Fire Department 72
Engine Houses --care of
Regulations concerning
Exhibitions —license of
Fast driving on bridges
In streets
Fees —of City Marshal for seizure of hogs
0f City Court, to be paid into city treasury
Of City Treasurer for making deed
0f Hay Weigher
Ferry —Dubuque and Duuleith
Ferries —regulation of
Fines —collection of
73
65
57
87
92
101
79
62
67, 68, 69
69
96
Fires —prevention of
Assistance in extinguishing 70 to 74
Fire Department —regulation of 86
66
90
91
98
51-52
43-44
35
44
48
103
87
63
62
60
89
91
52
51-53
55-56
56
57
74
Fire Works —prohibited
Fire Arms —discharging of, prohibited
Gaming —prohibited
Gambling Houses —suppression of
Gas —to provide for lighting the city with
Goods —rules concerning, on sidewalks
Grade of Streets —designated
Furnished to citizens
Established, and recorded
Grading Streets —contracts for
Grain Inspector —appointment and duties
Gun powder —keeping and sale of
Hacks --license and charges
Hay —weighing of
Market
Health Officer —appointment and duties of
Hogs —impounding of
Book and Ladder Companies
Horses —on sidewalks
Hitching of
Standing in streets
With sled or sleigh, to carry bells
Crossing bridges
Hose Companies
72
72
a
111
Interest Tax to be paid in cash
Indecent Exposure —punished
Juries —summoning of 86
97
Lamps, public —protection of 56
Landing for Steamboats 40
Leases of Market Stalls 58
.Lewd Books —sale prohibited 86
lewdness —punished, 86
Licenses —Auction 63
Livery stable 63
Hack
Dray 63
Pedler's 64
64
Theater, circus, concert 64
Billiard, ten -pin alley 64
Dogs 92
Fees for 64-65
Term of 64
Lorimer Avenue --named 102
Lumber —wharfage on 41
Markets —First Ward and Central 58 to 60
Hay, Wood and Grain 60-61
:ilarshal, City --duties of 32, 33, 34, 45, 46, 50, 52, 53
Mayor --To issue proclamation for election
To permit obstruction of streets
To fix license for exhibitions
Meat —sale of
Nuisances —defined, removal of, &e
Oath of office
Officers, City —election of
To give bonds
Salaries of
Neglect of duty
Term of office
Qualifications
Omnibuses —license and charges of
Packing Houses —use of
Pedlers--license
Houses of illfame PAGE.
Hospital, City
90
81
26
50
65
59-60
88
27
26
26
27
27
27
27
66-67
75
64
Penalties —prosecution for 96
Planking Sidewalks 49
Police --establishment and regulation of 83-84
Posts —hitching
Lamp 53
56
103
33
26
Poisonous Articles —sale of
Public Buildings —care of
Publication --of proclamation for election
Of ordinances
0f notice for opt ning streets
0f notice for special taxes 47, 50
Public Squares --establishment and use of 57
Qualification of officers 26
Recorder —duties of 28, 29, 44, 45, 46, 47
Redemption of lots sold for taxes 46, 48, 79
Religious Meetings —disturbance of
Riot 86
Sabbath —observance of 86
Scales, public —use of 102
Seal, City. —established 63
29
45
25
PAGE,
38
Sealer of W ghts and Measures 5
5
Sewers —obstruction of 54
Seaton City54
Shade Trees —planting of - Hitching to • 51 54
4
Sidewalks—paving or 51
Depositing goods on Driving on 51
5
Openings in. 54
Snjury of 49
Width of 88
Slaughter Houses —location of 88
Small Pox --notice of 90
Soap Factories —to be kept clean 89
Steps and Stairs 4
Stove Pipes —in frame buildings 74
Stables —to be kept clean ¢4, 45, •k0, 47
Streets —Opening of 45
Charges for opening 45
Damages assessed for land taken 47
Annulling of. Paving and macadamizing 50 to 47
7
56
Obstruction of 51
Carriages standing in 5¢
Excavating in 54
Removing material from 53
Sliding on 5,1
Diverting water from 30, 37, 38, 49
Street Commissioner —duties of Suits at law 35, 43
9
4
Surveys of streets and highways ¢g, 350
5, 75
Taxes —levy of____ 48, 50, 75
Collection of 48, 50, 78
Sale of property for 48, 50, 77
When due 50,
Treasurer —duties of_ - 51, 324
Trees 554
-Vagrants—punishment of 59, 85
'Vegetables —sale of Wards —boundaries of_ __________ 59, 43
48
Walls —dangerous 2
83
Watchmen —appointment of 40, 83
Wharfage —to regulate.
38, 40, 40
Weights and Measures —regulating Charges for regulating 30 39
Sealer of —appointment �,3
Wood Market 101
Wooden Buildings 01
Weigher of Grain —appointment of